\\\DC - 037351/000001 - 3087313 v1 

### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

PERFECT AVIATION PORTUGAL, S.A.

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-2010-

APPLICATION OF PERFECT AVIATION PORTUGAL, S.A. 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 PERFECT AVIATION PORTUGAL, S.A.

January 13, 2011

NOTICE: Any person may support or oppose this application by filing an answer and serving a copy of that answer on counsel for Perfect Aviation Portugal, S.A. and all persons served with this application. Answers to the exemption request are due January 28, 2011, and answers to the permit request are due February 3, 2011.\\\DC - 037351/000001 - 3087313 v1 

### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

PERFECT AVIATION PORTUGAL, S.A.

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-2010-

January 13, 2011

APPLICATION OF PERFECT AVIATION PORTUGAL, S.A. FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Perfect Aviation Portugal, S.A. (“Perfect Aviation” 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, 1 

### and the Streamlined Licensing

Procedures 2 

### for an exemption and a foreign air carrier permit authorizing

Perfect Aviation 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 Fo reign Air Carriers of the European Union,” dated February 19, 2009.

2 See DOT Notice in Docket DOT-OST-2005-22228, dated August 23, 2005. Perfect Aviation requests that the Department grant this application under the show-cause procedures described in this Notice by issuing a singl e Order (a) granting the exemption authority described in this application for a period of tw o years, or until the effective date of the Applicant’s final foreign air carrier permit, whic hever occurs first, and (b) tentatively awarding the foreign air carrier permit. As soon as possi ble thereafter, Perfect Aviation requests that the Department issue a Final Order issuing Perf ect Aviation its EU-U.S. open-skies foreign air carrier permit for a period of indefinite duration.Application of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit Page 2

\\\DC - 037351/000001 - 3087313 v1 

### In support of this application, Perfect Aviation submits the following information

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

1. The name and address of the applicant.

Perfect Aviation Portugal, S.A. Avenida Fontes Pereira de Melo, N° 6, 4° Dto 1050 -121 Lisboa Portugal

2. Statement of the authority sought.

Perfect Aviation 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;

• 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 Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit Page 3

\\\DC - 037351/000001 - 3087313 v1 

### 3. Evidence of the Applicant’s operating authority.

Attached as Exhibit Perfect-1 are Perfect Aviation’s Operating License

issued by the Portuguese Instituto Nacional de Aviação Civil (“INAC”) on

September 29, 2009 (as amended), and its Air Operator Certificate (AOC)

(No. PT-02/10/04) issued by INAC on November 3, 2010, authorizing Perfect

Aviation to perform worldwide passenger commercial air transport operations.

Perfect Aviation will obtain appropriate amendments to the Operations

Specifications associated with its AOC and will otherwise continue to update and

renew its Operating License and AOC as necessary.

4. Name of the foreign air transport authority involved.

Instituto Nacional de Aviação Civil, I.P. Rua B, Edifício 4 - Aeroporto da Portela 1749-034 Lisboa Portugal

5. Statement that the Applicant’s insurance coverage meets or exceeds the liability limits of 14 C.F.R. Part 205.

Exhibit Perfect-2 contains copies of OST Form 6411, Foreign Air Carrier

Certificate of Insurance, confirming that the Applicant’s insurance coverage

meets the liability limits of 14 C.F.R. Part 205, and providing the name of its

insurance carrier.

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

A copy of completed OST Form 4523 is provided as Exhibit Perfect-3.

Perfect Aviation has submitted the signed form to Docket DOT-OST-1995-236.Application of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit Page 4

\\\DC - 037351/000001 - 3087313 v1 

### ADDITIONAL INFORMATION.

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

operations, the introduction of the services proposed by Perfect Aviation 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.

Perfect Aviation 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. Because

Perfect Aviation initially intends to limit its on-demand services to small aircraft

operations, the Applicant is 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. If Perfect Aviation determines it will expand its fleet to

include large aircraft in the future, it will make the necessary submissions.Application of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit Page 5

\\\DC - 037351/000001 - 3087313 v1 

### WHEREFORE, Perfect Aviation Portugal, S.A. respectfully requests that the

Department promptly approve this applic ation 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 PERFECT AVIATION PORTUGAL, S.A.Application of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit

\\\DC - 037351/000001 - 3087313 v1 

### EXHIBIT LIST

Exhibit

Perfect-1 Operating License and Air Operator Certificate

Perfect-2 Foreign Air Carrier Certificates of Insurance

Perfect-3 Waiver of Liability Limits under the Warsaw Convention

Perfect-4 Verification Required by § 211.11Application of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit

\\\DC - 037351/000001 - 3087313 v1 

### Exhibit Perfect-1

Operating License and Air Operator CertificateOfficial Journal II Series – No. 90 – May 10 th 2010 

### 25103

Instituto de Infra-Estrut uras Rodoviárias, I. P.

Despacho n.o 8099/2010

As per dispatch of 30, April, 2010, and pursuant article 37, n. 1 paragraph b) of Law n. 12-A/2008, of 27, February and article 17, n. 3 of Law n. 59/2008, of 11, September, it is announced that, following the common procedure of contest to award an employment of the Instituto de Infra -Estruturas Rodoviárias, IP’s schedule of personnel, in the car eer and position of Senior Officer, open by Notice n. 22568/2009, publis hed in the II Series of the Official Journal No. 242, of December 16 th 2009, it was executed an employment agreement wit hout term for public functions, starting in May 1 st , 2010, benefiting the graduated Ana Raquel de Matos Cipriano, ranked in the 3 rd remuneration position of the Senior Officer career and re muneration level 19 from sole remuneration schedule, enforced by Order n. 1553-C/2008, of February 27 th

. Lisboa, May 3rd, 2010. — The President Executive Council, Alberto Conde Moreno. 203218246



### Instituto Nacional de Aviação Civil, I. P.

Decision (extract) N. 861/2010

As of 15.01.2009, in compliance w ith articles 7, 46 and 47, 74 and 75 of Law n. 12 -A/2008, of February 27 th (“LVCR”), the Executive Council defined the budget for prizes for good performance, establishing the pos itions and careers where prizes could be awarded, the respec tive allocations of the money available, the change of remuneration position, and the total amount allocated to recruitment pursuant the needs foreseen in the schedule of personnel of Instituto N acional de Aviação Civil, I. P. (INAC, I. P.). Regarding that the evaluation procedure of performance of 2009 is finished according to Law n. 66 -B/2007, December 28 th , the Executive Council, decided in 17.12.2009 to alter the remuneration position of employees in public functions who comply with the necessary premises of article 47, n. 1, paragraph b) and c) LVCR, and considering the amount predicted in the management options, established in 15.01.2009. Following the execution of mana gement options 2009, there is a set of employees with public functions in INAC, I. P. who alter their remuneration position, so the due formalization of the alteration is necessary. Thus, pursuant to article 37, n. 1 of LVCR, is made public that, by management option, the following employees alter their remuneration position:

Name Category Evaluation Position Level

Ana Maria Leonardo Teixeira Leite

Anabela dos Santos Paixão

Dina Maria Dias Rodrigues Senior Officer

Senior Officer

Senior Officer 3,943 — Adequado

4,357 — Relevante

3,943 — Adequado 9.a

7.a

8.a 42

35

39

Despacho n.o 8100/2010

Elitávia Portugal — Serviços Aé reos, S. A., with registered Office at Avenida da Liberdade, 245, 3 rd floor, B, in Lisboa is the holder of an air transport activity licence granted by Dispatch n. 22983/2009, September 29 th , published in the II Series of the Official Journal N. 202, October 19 th . The company requested a modification of the license due to changes of registered office and company name to Perfect Aviation, S.A., according to notary deed certification and commercial registrar, delivered in this Instituto, and therefore, I determine under Regulation (EC) n. 1008/2008, September 24 th and Decree-Law n. 19/82, January 28 th , as per delegated powers by INAC, I.P.’s Executive Council, in compliance with n. 2.2, paragraph d), point iii) of Notice n. 9090/2008, published in the II Series of the Official Journal N. 60, of March 26 th , 2008, republished by Notice n. 85/2010, in the II Series of the Official J ournal N. 2, of January 5 th , 2010, the following: 1 — It is republished, in annex, the entire text of the license, accordingly to the company name and registered office modifications. 2 —As per part I of the table of Order n. 606/91, of July 4 th,

, fees are due for this modifications. Lisboa, March 30 th , 2010. — The Vice-President of the Executive Coucil, João Confraria. ANNEX

1 — Perfect Aviation Portugal, S. A., with registered Office at Avenida da Liberdade, n. 245, 3rd floor B, in Lisboa, is the holder of an air transport activity licence, under the terms that follow:: a) Scope of exploitation — Air transport intercommunity and non-regular International tr ansport of passengers, cargo and courier; b) Territory — strict compliance with geographical areas stipulated in the Air Operator Certificate (AOC);; c) Regarding the equipment: Seven PMAD aircrafts, weighi ng 10 000 Kg at the most and transport capacity until nine passengers; Seven PMAD aircrafts, weighi ng 18 000 Kg at the most and transport capacity until 12 passengers; Seven PMAD aircrafts, weighi ng 45 200 Kg at the most and transport capacity until 18 passengers. 2 – The exercise of the rights conferred upon the company by this licence shall permanently de pend on the possession of a valid Air Operator Certificate (AOC).

203223421 15 de Janeiro de 2010. — O Presidente do Consel ho Directivo, Luís A. Fonseca de Almeida. 203218546Official Journal II Series – No. 202 – October 19 th 2009 

### 42217

Instituto de Infra-Estruturas Rodoviárias, I.P.

Notice No. 18322/2009

Common regulations governing a Senior Officer (Técnico Superior) vacancy of the establishm ent plan of the Instituto de Infra-Estruturas Rodoviárias, IP

Under the provisions of No. 6 of article 36 of Order No. 83- A/2009, of January 22 nd , the final list sorted by applicant for a job vacancy announcement for the career of Senior Officer was made public, open by notice No. 14992/2009, published in the II Series of the Official Journal No. 164, of August 25 th 2009, and homologated by the President of the Board of Directors of InIR, IP on October 8 th 2009, is posted on the premises of InIR and disclosed on www.inir.pt

. From the ministerial dispatch of the final list sorted by applicant, appeals may be filed under the provisions of No. 3 of article 39 of Order No. 83-A/2009, of January 22 nd

. October 9 th , 2009 – The Administrative, Financial and Human Resource Director, Paulo Alexandre Frade Jara 202423936

Rectification Decl aration No. 2569/2009

This Declaration amends the common regulations published in the Official Journal, II Series, No. 195 of October 8 th 2009, under notice No. 17 597/2009, in which the statement in paragraph c) of No. 6, “Applicants hold a degree in Engineering”, should read as “Applicants hold a degree in Engin eering, Mathematics or in other programme identical in content.” October 9 th 2009 – The President of the Board of Directors, Alberto Conde Moreno. 202430804 Instituto Nacional de Aviação Civil, I.P.

Dispatch No. 22983/2009

Elitávia Portugal – Serviç os Aéreos, S.A., having its headquarters at Largo Rafael Bordalo Pinheiro, 16, in Lisbon, applied for the award of an air transport activity licence. As the previously mentioned company met all the requirements for the purpose, under EC Regulation No. 1008/2008, of September 24 th and Decree-Law No. 19/82, of January 28 th , under the scope of the competencies attributed by the Board of Directors of INAC, I.P., according to subparagraph iii) of paragraph d) of No. 2.2 of Order No. 9090/2008, published in the II Series of the Official Journal No. 60, of March 26 th 2008, I determine that: 1 – Elitávia Portugal – Serviços Aéreos, S.A. shall be awarded an air transport activity licence, under the terms that follow: a) Regarding the type of exploration –intracommunity and international non regular air transport of passengers, cargo and mail; b) Regarding the geographical area – strict compliance with geographical areas stipulated in the Air Operator Certificate (AOC); c) Regarding the equipment: Seven PMAD aircrafts, weighi ng 10 000 Kg at the most and transport capacity until nine passengers; Seven PMAD aircrafts, weighi ng 18 000 Kg at the most and transport capacity until 12 passengers; Seven PMAD aircrafts, weighi ng 45 200 Kg at the most and transport capacity until 18 passengers. 2 – The exercise of the rights conferred upon the company by this licence shall permanently depend on the possession of a valid Air Operator Certificate (AOC). 3 – By awarding this licence, taxes are due in accordance with the provisions of part I of table attached to Order No. 606/91 of July 4 th

. September 29 th 2009 – The President, Luís A. Fonseca de Almeida. 202423539

PG-FP-NP5A

Caption: Plots Cadastral Re g ister A MP Light Underground System

– Gondomar

_

A ntas /Dragão Stadium_Venda Nova B Line - Expropriation of Land Plan
Drawing Number: 5/5 Scale: 1/1000 Date: Se p tember 2009Application of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit

\\\DC - 037351/000001 - 3087313 v1 

### Exhibit Perfect-2

Foreign Air Carrier Certificates of InsuranceApplication of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit

\\\DC - 037351/000001 - 3087313 v1 

### Exhibit Perfect-3

Waiver of Liability Limits under the Warsaw ConventionApplication of Perfect Aviation Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit

\\\DC - 037351/000001 - 3087313 v1 

### Exhibit Perfect-4

Verification\\\DC - 037351/000001 - 3087313 v1 

### CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Perfect Aviation

Portugal, S.A. for an Exemption and a Foreign Air Carrier Permit has been served this

13th day of January, 2011, 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, D.C. 20520

Harvey Siegel Aviation Safety Inspector (Operations) New York International Field Office Federal Aviation Administration 1 Aviation Plaza, Room 504 Jamaica, NY 11434-4809

_______________________________ Sheryl R. Israel