\\\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) 

)

)

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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 

Procedures2

 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 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. Perfect Aviation 

requests that the Department grant this application under the show-cause procedures 

described in this 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 final foreign air carrier permit, whichever occurs first, and (b) tentatively awarding 

the foreign air carrier permit. As soon as possible thereafter, Perfect Aviation requests that 

the Department issue a Final Order issuing Perfect 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 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 

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 § 211.11 

 
Application 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 Certificate

Official Journal II Series – No. 90 – May 10th 2010 25103 

Instituto de Infra-Estruturas 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 career and position of Senior Officer, 

open by Notice n. 22568/2009, published in the II Series of the 

Official Journal No. 242, of December 16th 2009, it was executed 

an employment agreement without term for public functions, 

starting in May 1st, 2010, benefiting the graduated Ana Raquel de 

Matos Cipriano, ranked in the 3rd remuneration position of the 

Senior Officer career and remuneration level 19 from sole 

remuneration schedule, enforced by Order n. 1553-C/2008, of 

February 27th. 

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 with articles 7, 46 and 47, 74 

and 75 of Law n. 12 -A/2008, of February 27th (“LVCR”), 

the Executive Council defined the budget for prizes for good 

performance, establishing the positions and careers where prizes 

could be awarded, the respective 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 Nacional 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 28th, 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 management 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 Aéreos, S. A., with registered 

Office at Avenida da Liberdade, 245, 3rd floor, B, in Lisboa is the 

holder of an air transport activity licence granted by Dispatch n. 

22983/2009, September 29th, published in the II Series of the 

Official Journal N. 202, October 19th. 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 24th and Decree-Law n. 19/82, January 28th, 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 26th, 2008, republished by Notice n. 85/2010, in the II 

Series of the Official Journal N. 2, of January 5th, 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 4th,, 

fees are due for this modifications. 

Lisboa, March 30th, 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 transport 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, weighing 10 000 Kg at the most and 

transport capacity until nine passengers; 

Seven PMAD aircrafts, weighing 18 000 Kg at the most and 

transport capacity until 12 passengers; 

Seven PMAD aircrafts, weighing 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). 

203223421 

15 de Janeiro de 2010. — O Presidente do Conselho Directivo, Luís A. Fonseca de Almeida. 

203218546 

Official Journal II Series – No. 202 – October 19th 2009 42217 

Instituto de Infra-Estruturas Rodoviárias, I.P. 

Notice No. 18322/2009 

Common regulations governing a Senior Officer (Técnico 

Superior) vacancy of the establishment 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 22nd, 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 25th 2009, and homologated 

by the President of the Board of Directors of InIR, IP on October 8th

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 22nd. 

October 9th, 2009 – The Administrative, Financial and Human 

Resource Director, Paulo Alexandre Frade Jara 

202423936 

Rectification Declaration No. 2569/2009 

This Declaration amends the common regulations published in 

the Official Journal, II Series, No. 195 of October 8th 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 Engineering, Mathematics or in other 

programme identical in content.” 

October 9th 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 – Serviços 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 24th and Decree-Law No. 19/82, of 

January 28th, 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 26th 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, weighing 10 000 Kg at the most 

and transport capacity until nine passengers; 

Seven PMAD aircrafts, weighing 18 000 Kg at the most 

and transport capacity until 12 passengers; 

Seven PMAD aircrafts, weighing 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 4th. 

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

Almeida.

202423539

PG-FP-NP5A

Caption: 

Plots 

Cadastral Register

AMP Light Underground System – Gondomar_Antas /Dragão Stadium_Venda Nova B Line - Expropriation of Land Plan

Drawing Number: 5/5

Scale: 1/1000 

Date: September 2009



Application 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 Insurance





Application 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 Convention

Application 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