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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

HYPERION AVIATION LTD

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

and a foreign air carrier permit pursuant to

49 U.S.C. § 41301 (EU-U.S. open-skies)

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Docket DOT-OST-2014-_____

APPLICATION OF HYPERION AVIATION LTD

FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

Sheryl R. Israel

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 8898

Facsimile: +1 866 728 1992

E-mail: sheryl.israel@hoganlovells.com

Counsel for

HYPERION AVIATION LTD

May 27, 2014

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

and serving a copy of that answer on counsel for Hyperion Aviation Ltd

and all persons served with this application. Answers to the exemption

request are due June 11, 2014, and answers to the permit request are

due June 17, 2014.
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

HYPERION AVIATION LTD

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

and a foreign air carrier permit pursuant to

49 U.S.C. § 41301 (EU-U.S. open-skies)

)

)

)

)

)

)

)

Docket DOT-OST-2014-_____

May 27, 2014

APPLICATION OF HYPERION AVIATION LTD

FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Hyperion Aviation Ltd (“Hyperion” 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.), the U.S.-EU Reciprocal

Recognition Procedures,1and the Streamlined Licensing Procedures2for an exemption

and a foreign air carrier permit authorizing Hyperion to engage in charter foreign air

transportation of persons, property, and mail to and from points in the United States to

the full extent permitted by its homeland operating authority and the EU-U.S. open-skies

agreement, as well as other charters pursuant to the prior approval requirements set

forth in the Department’s regulations (14 C.F.R. Part 212), as more fully described

herein.

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. Hyperion 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 the Applicant’s foreign air carrier permit, whichever

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

possible thereafter, Hyperion requests that the Department issue a Final Order issuing Hyperion its

EU-U.S. open-skies foreign air carrier permit for a period of indefinite duration.
Application of Hyperion Aviation Ltd

Page 2

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In support of this application, Hyperion submits the following information required

under the U.S.-EU Reciprocal Recognition Procedures:

1. The name and address of the applicant.

Hyperion Aviation Ltd

SkyParks Business Centre

Malta International Airport

Luqa LQA 4000

Malta

2. Statement of the authority sought.

Hyperion requests issuance of an exemption and a foreign air carrier

permit authorizing the Applicant to engage in the following:

 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
Application of Hyperion Aviation Ltd

Page 3

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

the Department.

3. Evidence of the Applicant’s operating authority.

Attached as Exhibit HYP-1 are the Applicant’s Operating Licence (No.

CAD/M-16/2012) issued by Transport Malta’s Civil Aviation Directorate (“Malta

CAD”) on April 23, 2012, and its Air Operator Certificate (AOC) (No. M-16) last

issued by the Malta CAD on April 11, 2014, authorizing Hyperion to engage in

worldwide charter air transportation of passengers and cargo. Hyperion will

obtain appropriate amendments to the Operations Specifications associated with

its AOC and will otherwise continue to update and renew its Operating Licence

and AOC as necessary.

4. Name of the foreign air transport authority involved.

Transport Malta

Civil Aviation Directorate

Luqa Airport

Luqa LQA 3290

Malta

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

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

Hyperion’s insurance coverage meets or exceeds the liability limits of

14 C.F.R. Part 205, as reflected in the Certificates of Insurance attached as

Exhibit HYP-2. The Certificates of Insurance will also be filed with the FAA.

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

Warsaw Convention).

Attached as Exhibit HYP-3 is a copy of signed OST Form 4523, which will

also be filed in Docket DOT-OST-1995-236.
Application of Hyperion Aviation Ltd

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ADDITIONAL INFORMATION.

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

operations, the services proposed by Hyperion 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. The Applicant 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. Hyperion intends to

provide its on-demand services solely with small business jet aircraft and is thus not

submitting a plan to address the needs of families of passengers involved in aircraft

accidents pursuant to 49 U.S.C. § 41313(c), or a statement summarizing how it would

collect the passenger manifest information required by 14 C.F.R. Part 243 and transmit

the information to the Department of State in the event of an aviation disaster. In the

event Hyperion determines it will expand its fleet to include large aircraft in the future, it

will make the necessary submissions.
Application of Hyperion Aviation Ltd

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WHEREFORE, Hyperion Aviation Ltd respectfully requests that the Department

promptly approve this application and issue exemption authority and a 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

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 8898

Facsimile: +1 866 728 1992

E-mail: sheryl.israel@hoganlovells.com

Counsel for

HYPERION AVIATION LTD
Application of Hyperion Aviation Ltd

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Exhibit HYP-1

Operating Licence and Air Operator Certificate










Application of Hyperion Aviation Ltd

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Exhibit HYP-2

Certificates of Insurance










Application of Hyperion Aviation Ltd

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Exhibit HYP-3

OST Form 4523

Application of Hyperion Aviation Ltd

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Exhibit HYP-4

Verification

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Hyperion Aviation Ltd

for an Exemption and a Foreign Air Carrier Permit has been served this 27th day of

May, 2014, on the following addressees:

Kris Urs

Deputy Assistant Secretary for Transportation Affairs

Bureau of Economic and Business Affairs

Department of State

2201 C Street, NW

Washington, DC 20520

Nicholas Tsokris

Front Line Manager

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