BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

Bertelsmann Aviation GmbH 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-Europe) 

Docket DOT-OST-2011- 

 

APPLICATION OF BERTELSMANN AVIATION GMBH FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Communications with respect to this document should be sent to: 

 Gary B. Garofalo 

Erin M. Tallardy 

Jason E. Maddux 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Washington, D.C. 20036 

Phone 202-776-3970 

Fax 202-776-3975 

ggarofalo@ggh-airlaw.com 

etallardy@ggh-airlaw.com 

jmaddux@ggh-airlaw.com 

Counsel for Bertelsmann Aviation GmbH

July 29, 2011 

Notice: Any person who wishes to support or oppose this application may file an answer and 

serve that answer on above-named counsel and all persons served with the application. 

Answers to the exemption application are due by August 15, 2011, and answers to the permit 

application are due by August 19, 2011. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

Bertelsmann Aviation GmbH 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-Europe) 

Docket DOT-OST-2011- 

 

APPLICATION OF BERTELSMANN AVIATION GMBH FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. § 41301 and Parts 211 and 302 of the Department’s Regulations, 

Bertelsmann Aviation GmbH (“Bertelsmann”) hereby applies for a foreign air carrier permit to the 

full extent authorized by the Air Transport Agreement Between the United States and the European 

Community and the Member States of the European Community (hereinafter the “US-EC 

Agreement”) to enable it to engage in: 

i. foreign charter air transportation of persons and property from any point or points behind 

any Member State of the European Union via any point or points in any Member State 

and via intermediate points to any point or points in the United States and beyond; 

ii. foreign charter air transportation of persons and property between any point or points in 

the United States and any point or points in any member of the European Common 

Aviation Area; 

iii. other charters pursuant to the prior approval requirements set forth in Part 212 of the 

Department’s Economic Regulations; and 

iv. transportation authorized by any additional route rights made available to European 

Community carriers in the future. 
 2 

Bertelsmann further requests exemption authority under 49 U.S.C. § 40109 to the extent 

necessary to enable it to provide the services described above pending issuance of a foreign air carrier 

permit and such additional or other relief as the Department may deem necessary or appropriate. 

Bertelsmann requests that the authority described above be issued expeditiously and that the 

Department process this application pursuant to the streamlined regulatory procedures for licensing 

U.S. and foreign air carriers set forth in the Notice dated August 23, 2005 (Docket OST-2005-22228), 

and issue a single order (1) granting the requested exemption authority for a two-year period or until 

the requested permit authority becomes effective, whichever occurs first, and (2) approving the 

corresponding foreign air carrier permit under the show-cause procedures described in the August 23, 

2005 Notice. Bertelsmann further requests the Department process this application pursuant to the 

streamlined regulatory procedures for licensing European Union air carriers pursuant to the 

provisions of the U.S.-EU Reciprocal Recognition Procedures set forth in the Department’s notice 

dated February 19, 2009. 

In support of this application, Bertelsmann states as follows: 

 

 1. The United States and the European Community successfully concluded negotiations 

for a new air transport agreement on March 2, 2007. The US-EC Agreement was approved by the 

European Council on March 22, 2007, and was signed on April 30, 2007, to be provisionally applied 

beginning March 30, 2008. Bertelsmann is requesting authority to the full extent provided by the USEC Agreement and automatic application of additional rights made available to European 

Community carriers in the future. 

 

 2. The full name and address of the applicant is: 

Bertelsmann Aviation GmbH 

Carl-Bertelsmann-Straße 270 

33311 Gütersloh / Germany
 3 

The applicant is a corporation organized under the laws of Germany. 

 3. The name and official address of the government air transport authority having 

regulatory jurisdiction over Bertelsmann is: 

 Luftfahrt-Bundesamt 

D-38144 Braunschweig 

Germany 

 4. Bertelsmann holds an Operating License authorizing operation of the aircraft listed in 

its Air Operator Certificate D-174 AOC. Bertelsmann’s Operating License, Air Operator Certificate 

and Operations Specifications are attached as Exhibit 1. 

5. Since March 30, 2008, air transportation between the United States and Germany is 

governed by the Air Transport Agreement Between the United States and the European Community 

and the Member States of the European Community (signed April 30, 2007). The authority 

requested here is consistent with that agreement. 

 6. Bertelsmann requests this authority to provide ad hoc, on demand charter operations 

between points outside the United States and points in the United States. These services will be 

operated with business size aircraft. 

 15. Bertelsmann meets the Department’s requirements for insurance. Attached as 

Exhibit 2 is OST Form 6411.

 18. Bertelsmann is applying to the Department for authority to operate aircraft designed 

to have a maximum passenger capacity of not more than 60 seats or a maximum payload capacity of 

not more than 18,000 pounds. Pursuant to Order 98-1-31 issued February 3, 1998, Bertelsmann is 
 4 

exempt from the provisions of 49 U.S.C. § 41313, which requires submission of an Aviation Disaster 

Family Assistance Plan. Further, pursuant to Part 243.3 of the Department’s regulations, 

Bertelsmann is not required to collect passenger manifest information.

 19. A partial waiver of the liability limitations of the Warsaw Convention (OST Form 

4523) is attached as Exhibit 3. 

 20. Bertelsmann anticipates that grant of the requested authority will not result in 

aircraft fuel consumption exceeding 10 million gallons. Grant of the requested foreign air 

carrier permit and exemption authority would not constitute a major regulatory action under 

the Energy and Conservation Act of 1975, as defined in Section 313.4 of the Department’s 

regulations. 

 21. The verification required by § 211.11 of the Department’s regulations is attached as 

Exhibit 4. 

WHEREFORE, Bertelsmann submits that grant of this application would be consistent with 

the public interest, and requests that the Department issue a foreign air carrier permit and exemption 

authority to enable Bertelsmann to engage in: 

i. foreign charter air transportation of persons and property from any point or points 

behind any Member State of the European Union via any point or points in any 

Member State and via intermediate points to any point or points in the United States 

and beyond; 

ii. foreign charter air transportation of persons and property between any point or points 

in the United States and any point or points in any member of the European Common 

Aviation Area; 

iii. other charters pursuant to the prior approval requirements set forth in Part 212 of the 

Department’s Economic Regulations; and 
 5 

iv. transportation authorized by any additional route rights made available to European 

Community carriers in the future. 

 Respectfully submitted, 

 

 Gary B. Garofalo 

 Erin M. Tallardy 

 Jason E. Maddux 

 GAROFALO GOERLICH HAINBACH PC 

 Counsel for Bertelsmann Aviation GmbH 

July 29, 2011
CERTIFICATE OF SERVICE

 I certify on this 29day of July, 2011 a copy of the foregoing Application for a Foreign Air 

Carrier Permit and Exemption Authority has been served by electronic mail on the parties named 

below. 

 __________________________________ 

 Vanessa Krasniewicz 

Kris Urs U.S. Department of State urskr@state.gov

John Allen Federal Aviation Administration john.allen@faa.gov
 

BERTELSMANN AVIATION GMBH 

EXHIBIT 1 

OPERATING LICENSE, 

AIR OPERATOR CERTIFICATE, 

AND 

OPERATIONS SPECIFICATIONS 















 

BERTELSMANN AVIATION GMBH 

EXHIBIT 2 

INSURANCE (OST FORM 6411) 


 

BERTELSMANN AVIATION GMBH 

EXHIBIT 3 

WARSAW CONVENTION (OST FORM 4523) 

 

BERTELSMANN AVIATION GMBH 

EXHIBIT 4 

VERIFICATION