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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ACM AIR CHARTER

LUFTFAHRTGESELLSCHAFT MBH

for an exemption pursuant to 49 U.S.C. § 40109 and an

amended foreign air carrier permit under

49 U.S.C. § 41301 (EU-U.S. Open-Skies, Large Aircraft)

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Docket DOT-OST-2006-24190

APPLICATION OF ACM AIR CHARTER LUFTFAHRTGESELLSCHAFT MBH

FOR AN EXEMPTION AND AN AMENDED FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

Hannelore Kühl-Minninger

Chief Executive Officer

ACM AIR CHARTER Luftfahrtgesellschaft mbH

Baden-Airport

Montreal Ave. D 415

77836 Rheinmünster

Germany

+49-7229 3022 127 (telephone)

+49-7229 3022 180 (fax)

Sheryl R. Israel

HOGAN LOVELLS US LLP

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 8898 (telephone)

+1 866 728 1992 (direct fax)

sheryl.israel@hoganlovells.com

Counsel for

ACM AIR CHARTER

Luftfahrtgesellschaft mbH

December 20, 2013

NOTICE: Any person may support or oppose this application by filing an answer by

January 6, 2014 (with respect to the exemption request) and

January 10, 2014 (with respect to the permit request), and serving a copy of

that answer on counsel for ACM AIR CHARTER Luftfahrtgesellschaft mbH

and all persons served with this application.
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ACM AIR CHARTER

LUFTFAHRTGESELLSCHAFT MBH

for an exemption pursuant to 49 U.S.C. § 40109 and an

amended foreign air carrier permit under

49 U.S.C. § 41301 (EU-U.S. Open-Skies, Large Aircraft)

)

)

)

)

)

)

)

)

Docket DOT-OST-2006-24190

December 20, 2013

APPLICATION OF ACM AIR CHARTER LUFTFAHRTGESELLSCHAFT MBH

FOR AN EXEMPTION AND AN AMENDED FOREIGN AIR CARRIER PERMIT

ACM AIR CHARTER Luftfahrtgesellschaft mbH (“ACM” or the “Applicant”) hereby

applies under 49 U.S.C. §§ 41301, 41302 and 40109, Subparts B and C of the

Department’s Rules of Practice (14 C.F.R. §§ 302.201 and 302.301, et seq.), Part 211 of

the Department’s Economic Regulations (14 C.F.R. Part 211), the U.S.-EU Reciprocal

Recognition Procedures,1and the Department’s Streamlined Licensing Procedures2for an

exemption and an amended foreign air carrier permit to authorize ACM to conduct charter

services authorized under its existing foreign air carrier permit using large aircraft.

ACM currently holds a foreign air carrier permit issued by Order 2008-5-8,

authorizing the Applicant to engage in (a) foreign charter air transportation of persons,

property and mail from any point or points behind any Member State of the European

Union via any point or points in any Member State and via intermediate points to any point

1

See DOT Notice, “Application Procedures for Foreign Air Carriers of the European Union,” dated

February 19, 2009.

2

See DOT Notice in Docket DOT-OST-2005-22228, dated August 23, 2005. ACM requests that

the Department grant this application under the show-cause procedures described in that Notice

by issuing a single Order (a) granting the exemption authority described in this application for a

period of two years, or until the effective date of ACM’s amended foreign air carrier permit,

whichever occurs first, and (b) tentatively awarding the amended foreign air carrier permit. As

soon as possible thereafter, ACM requests that the Department issue a Final Order issuing the

Applicant its amended EU-U.S. open-skies foreign air carrier permit for a period of indefinite

duration.
Application of ACM AIR CHARTER

for an Exemption & Amended Foreign Air Carrier Permit

Page 2

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or points in the United States and beyond; (b) foreign charter air transportation of persons,

property and mail between any point or points in the United States and any point or points

in any member of the European Common Aviation Area; (c) foreign charter air

transportation of cargo between any point or points in the United States and any other point

or points; (d) other charters pursuant to the prior approval requirements set forth in the

Department’s regulations governing charters; and (e) charter transportation authorized by

any additional route rights made available to European Community carriers in the future,

subject to providing the Department with evidence that it holds a homeland license for that

new service. However, the Applicant’s permit currently limits the provision of such charter

services to small aircraft.3

ACM plans to add a B737 Boeing Business Jet (BBJ) configured with 18 passenger

seats to its commercial fleet in the very near future and intends to offer charter services to

and from the United States with this aircraft. It will be unable to do so, however, until the

“small aircraft” limitation is removed from its foreign air carrier permit. ACM requests

prompt approval of this application so that it may begin its proposed BBJ charter service to

the United States as soon as possible.

In support of this application, ACM submits the following information required under

the U.S.-EU Reciprocal Recognition Procedures:

3

The following condition is stated in the Applicant’s permit: “In the conduct of these operations, the

holder may only use aircraft capable of carrying no more than 60 passengers and having a

maximum payload capacity of no more than 18,000 pounds.” In the context of such aircraft size

limitations, the Department has established that the maximum certificated seating capacity of an

aircraft’s original type design applies.
Application of ACM AIR CHARTER

for an Exemption & Amended Foreign Air Carrier Permit

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1. The name and address of the applicant.

ACM AIR CHARTER Luftfahrtgesellschaft mbH

Baden-Airport

Montreal Ave. D 415

77836 Rheinmünster

Germany

2. Statement of the authority sought.

ACM requests issuance of an exemption and an amended foreign air carrier

permit authorizing the Applicant to engage in the following, without limitation as to

the size of aircraft that may be used:

 foreign charter air transportation of persons, property, and mail from

any point or points behind any Member State of the European Union,

via any point or points in any EU Member State and via intermediate

points, to any point or points in the United States and beyond;

 foreign charter air transportation of persons, property, and mail

between any point or points in the United States and any point or

points in any member of the European Common Aviation Area;

 foreign charter air transportation of cargo between any point or

points in the United States and any other point or points;

 other charters pursuant to the prior approval requirements set forth in

the Department’s regulations governing charters; and

 charter transportation authorized by any additional route rights made

available to European Union carriers in the future, to the extent

permitted by the Applicant’s homeland license on file with the

Department.
Application of ACM AIR CHARTER

for an Exemption & Amended Foreign Air Carrier Permit

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3. Evidence of the Applicant’s operating authority.

Attached as Exhibit BVR-1 are ACM’s Operating Licence (D - 057 EG)

issued by the Federal Republic of Germany, Luftfahrt-Bundesamt (“LBA”) on

November 1, 2008, and its Air Operator Certificate (AOC) (D - 057 AOC) issued by

LBA on September 25, 2013, authorizing the Applicant to perform commercial air

transport operations involving the carriage of passengers, mail and/or freight.

Notably, ACM’s homeland authority is not subject to an aircraft size limitation and

ACM anticipates LBA will issue the necessary Operations Specifications for its BBJ

operations in the near future. ACM will continue to amend, update, and renew its

Operating License, AOC, and the Operations Specifications associated with its

AOC to the extent necessary.

4. Name of the foreign air transport authority involved.

Luftfahrt-Bundesamt

Hermann-Blenk-Straße 26

38108 Braunschweig

Germany

5. Statement that the Applicant’s insurance coverage meets or exceeds the

liability limits of 14 C.F.R. Part 205.

The Applicant’s insurance coverage continues to meet or exceed the liability

limits of 14 C.F.R. Part 205, as reflected in the most recent Certificates of Insurance

on file with the FAA. ACM maintains aircraft accident liability insurance through BGI

Bertil Grimme AG insurance brokers. Coverage for the BBJ has been added under

its existing policies and an updated Certificate of Insurance will be filed with the

FAA.
Application of ACM AIR CHARTER

for an Exemption & Amended Foreign Air Carrier Permit

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6. Copies of signed OST Form 4523 (waiver of liability limits under the Warsaw

Convention).

Signed OST Form 4523 was previously provided as Exhibit B of ACM’s initial

foreign air carrier permit application dated March 14, 2006, and is also on file in the

appropriate docket. See Document ID DOT-OST-1995-236-0386.

ADDITIONAL INFORMATION.

Energy Information. In light of the very limited, on-demand nature of its proposed

operations, the additional services proposed by the Applicant will not involve a near-term

net annual change in aircraft fuel consumption exceeding 10 million gallons, meaning

approval of this application would not constitute a “major regulatory action” under the

Energy Policy and Conservation Act, as implemented by 14 C.F.R. Part 313. ACM does

not anticipate encountering any difficulty in obtaining adequate supplies of fuel for its

proposed ad hoc services from existing sources.

Family Support Plan and Passenger Manifest Information. In light of the Applicant’s

plan to conduct large aircraft charter services to and from the United States, ACM will

submit to the Department (in Docket DOT-OST-1998-3304) and the National

Transportation Safety Board a plan to address the needs of families of passengers

involved in aircraft accidents, as required by 49 U.S.C. § 41313(c). Similarly, pursuant to

14 C.F.R. § 243.13, ACM will file a brief statement with the Department (in Docket

DOT-OST-1998-3305) summarizing how it will collect the passenger manifest information

required by Part 243 and transmit the information to the Department of State in the event of

an aviation disaster.
Application of ACM AIR CHARTER

for an Exemption & Amended Foreign Air Carrier Permit

Page 6

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WHEREFORE, ACM AIR CHARTER Luftfahrtgesellschaft mbH respectfully

requests that the Department promptly approve this application and issue exemption

authority and an amended foreign air carrier permit pursuant to the U.S.-EU Reciprocal

Recognition Procedures and the Streamlined Licensing Procedures, as described herein,

and grant such further and additional relief as the public interest may require.

Respectfully submitted,

_______________________________

Sheryl R. Israel

HOGAN LOVELLS US LLP

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 8898 (telephone)

+1 866 728 1992 (direct fax)

sheryl.israel@hoganlovells.com

Counsel for

ACM AIR CHARTER Luftfahrtgesellschaft mbH
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EXHIBIT BVR-1

OPERATING LICENCE NO. D - 057 EG AND

AIR OPERATOR CERTIFICATE NO. D - 057 AOC

LUFTVERKEHRSBETREIBERZEUGNIS 

Luftfahrt-Bundesamt 

AOC Nummer / Number 

D - 057 ACC 

Gültigkeitsdatum / Expiry date 

30. September 2015 

Air Operator Certificate (AOC) 

BUNDESREPUBLIK DEUTSCHLAND 

Federal Republic of GenTlany 

Luftfahrt-Bundesamt 

0-38144 Braunschweig 

Luftfahrtunternehmen / Operator Name 

ACM AIR CHARTER 

Luftfahrtgesellschaft mbH 

Adresse / Operator Address 

Baden Airport, Montreal Avenue 0 415 

0-77836 Rheinmünster 

Telefon 

Fax 

+49 7229 3022 0 

+4972293022251 

Telefon +49531 2355-3108 

Fax +49531 2355-3199 

E-Mail aoc@lba.de 

Internet www. lba.de 

Betriebliche Kontaktdaten, unter 

denen das Flugbetriebsmanagement ohne unangemessene Verzögerung 

erreichbar ist, sind in der Anlage 

2 angegeben. 

Operational Points of Contact: 

contact details at which 

operational management can be 

contacted without undue delay, 

are listed in enclosure 2 to the 

document. 

Dieses Zeugnis bescheinigt, dass das Luftfahrtunternehmen ACM Air Charter Luftfahrtgesellschaft 

mbH gemäß Anhang III der Verordnung (EWG) Nr. 3922/91 (OPS 1) i. V. m. den entsprechenden 

deutschen Vorschriften gewerblichen Luftverkehr unter den nachfolgenden Bedingungen durchführt. 

This certificate certifies that the air carrier ACM Air Charter Luftfahrtgese/lschaft mbH is conducting 

commercial air operations in accordance with the Annex 111 of Regulation (EEC) No. 3922/91 (OPS 1) 

and the corresponding German rules and regulations, subject to the conditions of the attached 

operations specifications. 

Braunschweig, den 25. September 2013 

Issued at Braunschweig on September 25, 2013 

Unterschrift / Signature 

Name / Name 

Titel / Titte 

Titel / Titte 

Horst Brißke 

Genehmigungen Luftfahrtunternehmen 

Licensing of Air Carriers 

Ausgabe /Issue 2 

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of ACM AIR CHARTER

Luftfahrtgesellschaft mbH for an Exemption and an Amended Foreign Air Carrier Permit

has been served this 20th day of December, 2013, on the following persons:

Kris Urs

Deputy Assistant Secretary for Transportation Affairs

Bureau of Economic and Business Affairs

Department of State

2201 C Street, NW

Washington, DC 20520

Robert Sniffen

Aviation Safety Inspector (Operations)

New York Flight Standards District Office, EA15

New York International Field Unit

Federal Aviation Administration

One Aviation Plaza, Room 504

Jamaica, NY 11434-4809

Jonathan Echmalian