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

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1 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of HYPERION AVIATION LTD for an exemption pursuant to 49 U.S.C and a foreign air carrier permit pursuant to 49 U.S.C (EU-U.S. open-skies) ) ) ) ) ) ) ) Docket DOT-OST APPLICATION OF HYPERION AVIATION LTD 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 Telephone: Facsimile: [email protected] Counsel for HYPERION AVIATION LTD May 27, 2014 NOTICE: Any person may support or oppose this application by filing an answer and serving a copy of that answer on counsel for Hyperion Aviation Ltd and all persons served with this application. Answers to the exemption request are due June 11, 2014, and answers to the permit request are due June 17, \\DC / v1

2 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of HYPERION AVIATION LTD for an exemption pursuant to 49 U.S.C and a foreign air carrier permit pursuant to 49 U.S.C (EU-U.S. open-skies) ) ) ) ) ) ) ) Docket DOT-OST May 27, 2014 APPLICATION OF HYPERION AVIATION LTD FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT Hyperion Aviation Ltd ( Hyperion or the Applicant ) hereby applies under 49 U.S.C , and 40109, Subparts B and C of the Department s Rules of Practice (14 C.F.R and , 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 Hyperion 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 2 See DOT Notice, Application Procedures for Foreign Air Carriers of the European Union, dated February 19, See DOT Notice in Docket DOT-OST , dated August 23, Hyperion requests that the Department grant this application under the show-cause procedures described in that 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 foreign air carrier permit, whichever occurs first, and (b) tentatively awarding the amended foreign air carrier permit. As soon as possible thereafter, Hyperion requests that the Department issue a Final Order issuing Hyperion its EU-U.S. open-skies foreign air carrier permit for a period of indefinite duration. \\DC / v1

3 Application of Hyperion Aviation Ltd Page 2 In support of this application, Hyperion submits the following information required under the U.S.-EU Reciprocal Recognition Procedures: 1. The name and address of the applicant. Hyperion Aviation Ltd SkyParks Business Centre Malta International Airport Luqa LQA 4000 Malta 2. Statement of the authority sought. Hyperion 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; foreign charter air transportation of cargo between any point or points in the United States and any other point or points; 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 \\DC / v1

4 Application of Hyperion Aviation Ltd Page 3 extent permitted by the Applicant s homeland license on file with the Department. 3. Evidence of the Applicant s operating authority. Attached as Exhibit HYP-1 are the Applicant s Operating Licence (No. CAD/M-16/2012) issued by Transport Malta s Civil Aviation Directorate ( Malta CAD ) on April 23, 2012, and its Air Operator Certificate (AOC) (No. M-16) last issued by the Malta CAD on April 11, 2014, authorizing Hyperion to engage in worldwide charter air transportation of passengers and cargo. Hyperion will obtain appropriate amendments to the Operations Specifications associated with its AOC and will otherwise continue to update and renew its Operating Licence and AOC as necessary. 4. Name of the foreign air transport authority involved. Transport Malta Civil Aviation Directorate Luqa Airport Luqa LQA 3290 Malta 5. Statement that the Applicant s insurance coverage meets or exceeds the liability limits of 14 C.F.R. Part 205. Hyperion s insurance coverage meets or exceeds the liability limits of 14 C.F.R. Part 205, as reflected in the Certificates of Insurance attached as Exhibit HYP-2. The Certificates of Insurance will also be filed with the FAA. 6. Copies of signed OST Form 4523 (waiver of liability limits under the Warsaw Convention). Attached as Exhibit HYP-3 is a copy of signed OST Form 4523, which will also be filed in Docket DOT-OST \\DC / v1

5 Application of Hyperion Aviation Ltd Page 4 ADDITIONAL INFORMATION. Energy Information. In light of the limited, on-demand nature of its proposed operations, the services proposed by Hyperion 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. The Applicant 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. Hyperion intends to provide its on-demand services solely with small business jet aircraft and is thus not submitting a plan to address the needs of families of passengers involved in aircraft accidents pursuant to 49 U.S.C (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. In the event Hyperion determines it will expand its fleet to include large aircraft in the future, it will make the necessary submissions. \\DC / v1

6 Application of Hyperion Aviation Ltd Page 5 WHEREFORE, Hyperion Aviation Ltd 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 Telephone: Facsimile: [email protected] Counsel for HYPERION AVIATION LTD \\DC / v1

7 Application of Hyperion Aviation Ltd Exhibit HYP-1 Operating Licence and Air Operator Certificate \\DC / v1

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18 Application of Hyperion Aviation Ltd Exhibit HYP-2 Certificates of Insurance \\DC / v1

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29 Application of Hyperion Aviation Ltd Exhibit HYP-3 OST Form 4523 \\DC / v1

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31 Application of Hyperion Aviation Ltd Exhibit HYP-4 Verification \\DC / v1

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33 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Application of Hyperion Aviation Ltd for an Exemption and a Foreign Air Carrier Permit has been served this 27th day of May, 2014, 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, DC Nicholas Tsokris Front Line Manager New York Flight Standards District Office, EA15 New York International Field Unit Federal Aviation Administration One Aviation Plaza, Room 504 Jamaica, NY Jonathan Echmalian \\DC / v1