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 22, 2013

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 22, 2013

Pursuant to 49 U.S.C. § 40109 and Subparts B and C of the Rules of Practice of

the Department of Transportation (the “Department”), Express Freighters Australia Pty

Limited (hereinafter “EFA”), a licensed air carrier of the Commonwealth of Australia,

hereby applies 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 authorize EFA to operate all-cargo services

to the full extent authorized by the Air Transport Agreement between the United States

and Australia. EFA specifically requests authority to engage in:

Foreign scheduled and charter air transportation of property and mail between

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

EFA requests that the Department issue a show-cause order that proposes to

grant EFA a foreign air carrier permit for an indefinite duration. EFA further requests

that the Department grant it exemption authority for a period of two years or until the

effective date of a foreign air carrier permit issued to EFA, whichever is earlier.
APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED PAGE 2

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION

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

Australia
APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED PAGE 3

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION

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.
APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED PAGE 4

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION

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, hold
APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED PAGE 5

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION

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/en
APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED PAGE 6

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION

(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.
APPLICATION OF EXPRESS FREIGHTERS AUSTRALIA PTY LIMITED PAGE 7

FOR FOREIGN AIR CARRIER PERMIT AND EXEMPTION

(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 22, 2013
Exhibit A

Page 1 of 4
Exhibit A

Page 2 of 4
Exhibit A

Page 3 of 4
Exhibit A

Page 4 of 4
Exhibit B

Page 1 of 1
CERTIFICATE 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 22, 2013

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