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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

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.\\DC - 026351/000001 - 5300533 v1 

### 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, 1 

### and the Department’s Streamlined Licensing Procedures 2 

### for 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 Page 3

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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 Page 4

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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 Page 5

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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\\DC - 026351/000001 - 5300533 v1 

### EXHIBIT BVR-1 OPERATING LICENCE NO. D - 057 EG AND AIR OPERATOR CERTIFICATE NO. D - 057 AOC

## LU FTVERKEHRSBETR E I B ERZE U G NIS

Luftfahrt-Bundesamt

AOC Nummer / Num be r 

### D

- 057 ACC

Gült i gke itsdatu m / Exp iry date 30

. September 2015 Air Operator Certificate ( AOC)



### BUNDESREPUBLIK DEUTSCHLA ND F

e der al Re publi c of G en Tla n y 

## Luftfahrt-Bundesamt
0-38144 Braunschweig

Luftfahrtunternehmen / Op er ator N am e 

### ACM AIR CHARTER Luftfa hrt g e s ellsch aft m bH

Adresse / O pera tor Addr ess Baden Airport , Montreal Avenue 

### 0 415 0-77836 Rheinmünster Telefon 

## Fax +49 7229 3022 0 +4972293022251 Te l efo n +4 95 31 2355-3108 Fax +49531 235 5
- 3199 E
- Mail ao c@ l b a
. d e I nternet www. l ba.de

Bet riebliche Kontaktdaten, unter d enen das Flugbetriebsmanagement ohne unangemessene Verzögerung erreichbar ist, sind in der Anlage 2 angegeb e n
. Operational Points of Contact: contact details at which operat ional management can be contacted without undue delay , a r

e l is t

ed i n enclosure 2 to the document.

Dieses Zeugnis bescheinigt, dass das Luftfahrtunternehmen ACM A ir Chart e r L uftfa hrt g e s ells c haft mbH gemäß Anhang 

### III der Verordnung (EWG) Nr. 

### 3922/91 (OPS 

### 1 ) i. V

. m. d e n en t s pre c henden deutschen Vorschriften gewerblichen Luftverkehr unter de n n achfo l g en d e n Be dingungen durchführt

. This certificate certifies th a t the ai r car r ier ACM Air Ch arter L uftf a h rtgese/lschaft mbH is conducting commercial ai r operations in accordance with the Annex 111 o f Regulat ion (EEC) No

. 3 9 22/91 (OPS 1) and the corresponding German rules and r egulations, s u bj

ec t t o the conditions o f 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 Luftfahrtuntern e h me n Licensing ofAir Car r iers

Ausgabe /Issue 2\\DC - 026351/000001 - 5300533 v1 

### 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