BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.
Application of EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED for a Foreign Air Carrier Permit pursuant to 49 U.S.C. § 41302 and for an Exemption pursuant to 49 U.S.C. § 40109 to engage in Scheduled Foreign Air Transportation of Property and Mail Docket DOT-OST-2013-

APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED FOR A FOREIGN AIR CARRIER PERMIT AND FOR AN EXEMPTION

Communications concerning this document may be served upon: Moffett B. Roller ROLLER & BAUER, PLLC Washington Dulles International Airport 45005 Aviation Drive; Suite 200 Dulles, VA 20166 email: airlaw@rollerbauer.com Attorneys for EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED
August 2 2 , 2 0 1 3 NOTICE: Any person may support or oppose this Application by filing an answer and serving a copy of that answer on counsel for Express Freighters Australia Pty Limited and upon each person served with this Application. Express Freighters Australia Pty Limited requests expedited processing of this Application.BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.
Application of EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED for a Foreign Air Carrier Permit pursuant to 49 U.S.C. § 41302 and for an Exemption pursuant to 49 U.S.C. § 40109 to engage in Scheduled Foreign Air Transportation of Property and Mail Docket DOT-OST-2013-

APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED FOR A FOREIGN AIR CARRIER PERMIT AND FOR AN EXEMPTION August 2 2 , 2 0 1 3 P u rsu a n t to 4 9 U

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- ca rg o se rv i ce s t o t h e f u l l e xt e n t a u t h o r i z e d b y t h e A i r T ra n sp o rt A g re e m e n t b etwe e n t h e U n i t e d S tat e s

a n d A u st ra l i a

. E FA s p e ci f i ca l l y re q u e st s a u t h o r i ty t o e n g a g e i n : F o re i g n sch e d u l e d a n d ch a rt e r a i r t ra n sp o rt at i o n of p ro p e rty and mail between a n y p o i n t o r p o i n t s i n t h e U n i t e d S t at e s a n d a n y ot h e r p o i n t o r p o i n t s

. E FA re q u e st s t h at t h e D e p a rt m e n t i ssu e a s h ow- ca u se o rd e r t h at p ro p o s e s t o g ra n t E FA a f o re i g n a i r ca r r i e r p e r m i t fo r a n i n d ef i n i t e d u rat i o n

. E FA f u rt h e r re q u e st s t h at t h e D e p a rt m e n t g ra n t i t e xe m p t i o n a u t h o r i ty f o r a p e r i o d of two ye a rs o r u n t i l t h e

eff e ct i ve d at e of a f o re i g n a i r ca r r i e r p e r m i t i ss u e d t o E FA , w h i ch eve r i s e a r l i e r

.A PPLICATION OF E XPRESS F REIGHTERS A USTRALIA P TY L IMITED P AGE 2

FOR F OREIGN A IR C ARRIER P ERMIT AND E XEMPTION EFA is a wholly-owned subsidiary of Qantas Freight Enterprises Limited (Qantas Freight), which is in turn a wholly-owned subsidiary of Qantas Airways Limited (Qantas). All of EFA’s operations are conducted on behalf of Qantas as managed by Qantas Freight. EFA has its own Air Operators Certificate (AOC) and commenced operations in October 2006. EFA currently operates four dedicated B737-300 freighter aircraft on domestic services in Australia for express freight products such as mail, medical materials, and high end consumer goods. EFA also operates one dedicated B767-300ER freighter aircraft on services between Australia and New Zealand. With the addition of a B747-400 freighter aircraft to its fleet in January of 2014, EFA plans to expand its international freighter services on behalf of Qantas. In support of this Application, and pursuant to the Department's Procedural Regulations, EFA states as follows: (a) Incorporation . EFA was registered in Australia in 1988. Its registered office is located at Express Freighters Australia Pty Limited 10 Bourke Road Mascot NSW 2020 Australia (b) Air Transport Authority . The name and official address of the Australian air transport authority that exercises safety oversight of EFA is: Civil Aviation Safety Authority GPO Box 2005 Canberra ACT 2601 AustraliaA PPLICATION OF E XPRESS F REIGHTERS A USTRALIA P TY L IMITED P AGE 3

FOR F OREIGN A IR C ARRIER P ERMIT AND E XEMPTION
The relationship between EFA and the Government of Australia is solely one in which the Government of Australia exercises regulatory authority over EFA (c) Proposed Services . Qantas recently announced its intention to lease a Boeing 747-400ERF freighter aircraft for its global freight business. Qantas will sublease the 747-400ERF to EFA, and EFA will in turn wet lease the 747 freighter to Qantas in support of Qantas’ international freight operations. EFA will initially operate this aircraft from Australia via China to the United States once a week carrying a range of general cargo including fresh produce and electronics. Concurrently with this Application EFA is filing an Application for a Statement of Authorization to operate a long-term wet lease for Qantas. (d) Directors & Management Personnel . Set forth below are tables with information on the directors and key management personnel.

Directors of Express Freighters Australia Pty Limited

Name Business Address Alan Joseph Joyce Chief Executive Officer - Qantas Airways 10 Bourke Road Mascot NSW 2020 Australia Gareth Rawlett Evans Chief Financial Officer - Qantas Airways 10 Bourke Road Mascot NSW 2020 Australia Taryn Leigh Morton Company Secretary - Qantas Airways 10 Bourke Road Mascot NSW 2020 Australia All of the directors of EFA are Australian citizens and residents. None of the directors are related by blood or marriage.A PPLICATION OF E XPRESS F REIGHTERS A USTRALIA P TY L IMITED P AGE 4

FOR F OREIGN A IR C ARRIER P ERMIT AND E XEMPTION Key Management Personnel

Name Position Summary of Experience Drew Richardson Chief Executive

Officer Head of Express Freighters 7 years;

Senior Management position at Qantas 13 years; 18 years experience at Qantas across a range of roles including Express Freighters & Qantas Flight Operations. James Boland Head of Flying

Operations / Head of Training and Checking SPL 1985

CPL 1985 SCPL 1988 ATO approval 1990 Jet endorsement 1991 Jet training approval 1998 Jet Command 2001 Jet check delegation 2002 Airline management position 2005 Wide body Command 2011. Andrew Fortune Head of Aircraft

Airworthiness and Maintenance Control Aircraft Mechanic Electrical 1984 Trans Australia Airlines;

Australian CASA Licensed Aircraft Maintenance Engineer 1989 – Australian Airlines Heavy Maintenance; Australian CASA Licensed Aircraft Maintenance Engineer, 1994 to 2004 - Qantas Airways Line Maintenance; Trainer Practical Consolidation, Qantas Airways 1994 to 2004; Duty Tech Mgr, Qantas Narrow Body Maintenance Control 2004; Manager Engineering and Maintenance EFA, 2008 – current; Australian CASA Part 66 license B1 limited, B2, and C – 2012. The business addresses of EFA’s key management personnel are at EFA’s offices in Sydney (10 Bourke Road, Mascot NSW 2020, Australia) and Melbourne (Cnr Service Rd and Francis Briggs Rd, Melbourne Airport, Victoria 3045, Australia). All of the key management personnel are Australian citizens and residents. None of the key management personnel are related by blood or marriage. (e) Ownership . EFA has 1.5 million issued ordinary shares, all of which are owned by Qantas Freight. Qantas Freight is in turn wholly owned by Qantas. (f) Other Aviation Interests . Except for the possibility of interests held in Qantas, EFA’s parent company, neither EFA nor any of its officers, directors, or managers, holdA PPLICATION OF E XPRESS F REIGHTERS A USTRALIA P TY L IMITED P AGE 5

FOR F OREIGN A IR C ARRIER P ERMIT AND E XEMPTION any interest, directly or indirectly, in any other airline or other common carrier; in any person engaged in the business of aeronautics; or in any person whose principal business is the holding of stock in, or control of, any air carrier. As a major international carrier, Qantas Airways—EFA’s parent company via Qantas Freight—maintains interests in a variety of aviation-related businesses as set forth in detail in the company’s annual reports. 1 (g) Insurance . EFA will submit a copy of OST Form 6411, Foreign Air Carriers Certificate of Insurance. The combined single limit of liability coverage for its aircraft exceeds the requirements of 14 C.F.R. Part 205. (h) Government Licenses . EFA holds an Air Operator Certificate (AOC) that was last reissued by the Australian Civil Aviation Safety Authority (CASA) on August 8, 2012. The AOC is valid through July 31, 2014. EFA will file a renewal application with CASA in order to insure the AOC’s timely renewal. A copy of EFA’s AOC is attached as Exhibit A. (i) Aircraft . As stated, EFA plans to initiate its U.S. operations in January 2014 with a B-747-400ERF that EFA will sublease from Qantas. The following table lists the aircraft currently operated by EFA. None of the aircraft are wet leased to EFA.
Type/Model Australian

Registration Ownership/Lease Status Lessor

B767 VH-EFR Leased Mercury Aircraft Ltd. 1-20 Akasaka 6 Chome, Minato-ku Tokyo, Japan B737 VH-XMB Leased Qantas Airways Limited B737 VH-XML Leased Qantas Airways Limited B737 VH-XMO Leased Qantas Airways Limited B737 VH-XMR Leased Qantas Airways Limited

1 http://www.qantas.com.au/travel/airlines/investors-annual-reports/global/enA PPLICATION OF E XPRESS F REIGHTERS A USTRALIA P TY L IMITED P AGE 6

FOR F OREIGN A IR C ARRIER P ERMIT AND E XEMPTION (j) Maintenance . CASA has approved EFA as a Continuing Airworthiness Management Organization (CAMO) pursuant to applicable CASA regulations, and Approved Maintenance Organizations (AMOs) will perform the maintenance on EFA’s aircraft based on the Boeing Maintenance Planning Document in accordance with CASA CASR Part 145. EFA will provide the FAA with information regarding its maintenance arrangements as part of its Application for Operations Specifications. Australia is a Contracting State to the Convention on International Civil Aviation, and the referenced maintenance procedures comply with the provisions of ICAO Pilots and Airmen Annexes 1, 6 (Part 1), and 7. (k) Agreements . Other than its plans to operate on behalf of Qantas, EFA does not currently have any agreements or cooperative working arrangements with any U.S. or foreign air carrier affecting its proposed services to the United States. (l) Financial Data . Pursuant to applicable Australian security laws and regulations, EFA is a controlled entity of the Qantas Group and is not therefore subject to the requirements for the preparation, audit, and lodgement of Financial Reports and Directors' Reports. Transactions and balances with controlled entities are included in Qantas’ Consolidated Financial Statements as set forth in Qantas’ Annual Reports. (See footnote 1 for a link to Qantas’ Annual Reports.) (m) Safety/Tariff Violations & Accidents . EFA has not been involved in any safety violations, tariff violations, or fatal accidents within the past five years.A PPLICATION OF E XPRESS F REIGHTERS A USTRALIA P TY L IMITED P AGE 7

FOR F OREIGN A IR C ARRIER P ERMIT AND E XEMPTION (n) Warsaw Agreement . EFA has executed a copy of OST Form 4523 (Waiver of Liability Limits under the Warsaw Convention) and will file a copy with the Department in Docket DOT-OST-1995-236. A copy of Form 4523 is also attached as Exhibit B. (o) Fuel Consumption . Pursuant to 14 C.F.R. §313.5(a), EFA states that the authority requested in this Application will not cause a near-term net annual change in aircraft fuel consumption of 10 million gallons or more. Approval of this Application will not therefore constitute a major regulatory action that requires an energy statement under Part 313 of the Department’s Procedural Regulations.

Conclusion For the foregoing reasons, Express Freighters Australia Pty Limited requests that the Department of Transportation grant the foreign air carrier permit and exemption as specified in this Application as well as such other relief as the Department may deem to be in the public interest. Respectfully submitted, ROLLER & BAUER, PLLC Attorneys for Express Freighters Australia Pty Limited

By: ________________________

Moffett B. Roller
August 2 2 , 2 0 1 3CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Express Freighters Australia Pty Limited for a Foreign Air Carrier Permit and for an Exemption was this day served by email upon the parties listed below. No indication was received that any transmission by electronic mail had failed.

__________________________ Moffett B. Roller August 2 2 , 2 0 1 3

Robert Wirick Francis Heil American Airlines robert.wirick@aa.com francis.heil@aa.com Nancy Sparks Baily Leopard Federal Express nssparks@fedex.com gbleopard@fedex.com Anita Mosner UPS anita.mosner@hklaw.com Ben Graves Evergreen International ben.graves@evergreenairlines.com charters@evergreenairlines.com Sascha Van der Bellen Delta Air Lines sascha.vanderbellen@delta.com Jonathan Hill Hawaiian Airlines jhill@dlalaw.com Dan Weiss United Air Lines dan.weiss@united.com Mark McMillin Malcolm Benge World Airways mcmillin@woa.com mlbenge@zsrlaw.com Russell Pommer Atlas Air rpommer@atlasair.com Kevin Montgomery Polar Air Cargo kevin.montgomery@polaraircargo.com Krishna Urs US State Department urskr@state.gov John Allen FAA Flight Standards john.allen@faa.gov