Before the U.S. Department of Transportation Office of the Secretary Washington, D.C

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of

AER LINGUS (U.K.) LIMITED Docket DOT-OST-2020-

For a foreign air carrier permit pursuant to 49 U.S.C. § 41301 and exemption authority pursuant to 49 U.S.C. § 40109 (UK – U.S.)

Application of

AER LINGUS (U.K.) LIMITED Docket DOT-OST-2020-

For Statements of Authorization pursuant to 14 CFR Part 212

Application of

AER LINGUS LIMITED Docket DOT-OST-2020-

For exemption authority pursuant to 49 U.S.C. § 40109 (UK – U.S.)

JOINT APPLICATION OF AER LINGUS (U.K.) LIMITED AND AER LINGUS LIMITED

Communications with respect to this document should be sent to:

Don H. Hainbach Erin Tallardy Katz Garofalo Goerlich Hainbach PC 1200 New Hampshire Avenue NW Suite 590 Washington, D.C. 20036 Tel: 202-776-3970 Fax: 202-776-3975 [email protected] [email protected]

Counsel for Aer Lingus (U.K.) Limited and Aer Lingus Limited

December 9, 2020

NOTICE: Any person may support or oppose this application by filing an answer and serving a copy of the answer on undersigned counsel and upon each person served with this application. The Joint Applicants are requesting expedited treatment of this application and will poll the carrier representatives on the attached service list and report the polling results to the Department.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of

AER LINGUS (U.K.) LIMITED Docket DOT-OST-2020-

For a foreign air carrier permit pursuant to 49 U.S.C. § 41301 and exemption authority pursuant to 49 U.S.C. § 40109 (UK – U.S.)

Application of

AER LINGUS (U.K.) LIMITED Docket DOT-OST-2020-

For Statements of Authorization pursuant to 14 CFR Part 212

Application of

AER LINGUS LIMITED Docket DOT-OST-2020-

For exemption authority pursuant to 49 U.S.C. § 40109 (UK – U.S.)

JOINT APPLICATION OF AER LINGUS (U.K.) LIMITED AND AER LINGUS LIMITED

Pursuant to 49 U.S.C. § 41301 and 49 U.S.C. § 40109, Aer Lingus (U.K.) Limited, a new

entrant United Kingdom carrier, and Aer Lingus Limited, an Irish carrier (the “Joint Applicants”)

respectfully request (i) permit and interim exemption authority for Aer Lingus (U.K.) Limited to

engage in foreign air transportation between the United Kingdom and the United States; (ii) a statement of authorization to the extent necessary for Aer Lingus (U.K.) Limited to list the Aer

Lingus Limited EI* designator code on flights operated between the United Kingdom and the

United States; (iii) a statement of authorization to the extent necessary for Aer Lingus (U.K.)

Limited to list the British Airways PLC BA* designator code on flights operated by Aer Lingus

(U.K.) Limited between the United Kingdom and the United States; and (iv) authorization to the

extent necessary for Aer Lingus Limited to offer service between the United Kingdom and the

United States by listing its EI* designator code on flights operated by Aer Lingus (U.K.) Limited.1

The Joint Applicants further request expedited treatment of this application and that the requested statements of authorization be granted for an indefinite period. Finally, the Joint

Applicants request immediate pendente lite exemption authority or a disclaimer of the

Department’s jurisdiction, to the extent necessary to permit them to hold out service to United

Kingdom passengers for transportation between the United Kingdom and the United States.

Aer Lingus (U.K.) Limited Request for Foreign Air Carrier Permit and Exemption Authority

Pursuant to section 41301 of Title 49 of the United States Code and Parts 211 and 302 of

the Department’s Economic Regulations, Aer Lingus (U.K.) Limited hereby applies for a foreign

air carrier permit to the full extent authorized by the Air Transport Agreement between the

Government of the United States of America and the Government of the United Kingdom of Great

Britain and Northern Ireland in order to engage in:

(i) Foreign scheduled and charter air transportation of persons, property and mail from points behind the territory of the United Kingdom via the territory of the United Kingdom and intermediate points to any point or points in the territory of the United States and beyond;

(ii) foreign scheduled and charter cargo air transportation between any point or points in the territory of the United States and beyond;

(iii) other charter transportation pursuant to the prior approval requirements set forth in Part 212 of the Department’s Economic Regulations; and

1 The Joint Applicants respectfully request a waiver of the 45-day advance filing requirement specified in Part 212.

2 (iv) transportation authorized by any additional route rights made available to United Kingdom carriers in the future.

Aer Lingus (U.K.) Limited 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. Aer Lingus (U.K.)

Limited further requests exemption authority under section 40109 of Title 49 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.

In support of this application, Aer Lingus (U.K.) Limited submits the following:

1. Name and Address

The full name and registered address of Aer Lingus (U.K.) Limited is:

Aer Lingus (U.K.) Limited Belfast City Airport Sydenham Bypass Belfast, Co. Antrim, BT3 9JH Northern Ireland

2. Form of Organization

Aer Lingus (U.K.) Limited is a limited liability company established in Northern Ireland

under the Companies Act 2006.

3 3. Operational Authority

Aer Lingus (U.K.) Limited has applied to the UK Civil Aviation Authority for an Air

Operator Certificate, an Operating License, and a Route License. Aer Lingus (U.K.) Limited

anticipates the CAA will issue its AOC and licenses in or around February 2021.

4. Name and Address of Relevant Aviation Authority

The competent United Kingdom air transport authority with regulatory jurisdiction over

Aer Lingus (U.K.) Limited is:

Civil Aviation Authority Aviation House Beehive Ringroad Crawley West Sussex RH6 0YR

5. Bilateral Authority

Effective January 1, 2021, aviation relations between the United States and the United

Kingdom will be governed by the Air Transport Agreement between the Government of the United

States of America and the Government of the United Kingdom of Great Britain and Northern

Ireland signed November 17, 2020 (“US-UK Agreement”). In pertinent part, the US-UK

Agreement provides for United Kingdom carriers to operate scheduled and charter service from points behind the territory of the United Kingdom via the territory of the United Kingdom and

intermediate points to any point or points in the territory of the United States and beyond; and for

all-cargo service, between the territory of the United States and any point or points. The US-UK

Agreement also provides for United Kingdom carriers to enter into cooperative marketing

arrangements with other United Kingdom and third-country carriers. Accordingly, all the

authority requested here on behalf of Aer Lingus (U.K.) Limited is consistent with the US-UK

Agreement.

4 6. Directors and Key Management Personnel

The names and citizenship of Aer Lingus (U.K.) Limited’s directors and key management personnel are as follows:

Name Address Title Citizenship Donal Moriarty Aer Lingus (U.K.) Limited Accountable Manager/ Irish Belfast City Airport Director Sydenham Bypass Belfast, Co. Antrim BT3 9JH Northern Ireland

Reid Moody See above Director UK

Laurence Gourley See above Director Irish

Captain Davina See above Ground Operations Irish Pratt

Mark Dunphy See above Airline Security Manager Irish

Captain Joseph See above Compliance Monitoring Irish Elliott Manager

Captain Conor See above Safety Manager Irish Nolan

Captain Eamon Aer Lingus (U.K.) Limited Flight Operations and Irish Kierans Manchester Airport Crew Training Manager Manchester, UK M90 1QX

Thomas Gallagher See above Continued Airworthiness/ Irish Maintenance System

None of the individuals listed above are related by blood or marriage.

7. Ownership and Control of Aer Lingus (U.K.) Limited

Aer Lingus (U.K.) Limited is a wholly owned subsidiary of Aer Lingus Limited, an Irish entity based at Dublin Airport that holds an EU operating license issued by the Irish commission for Aviation Regulation. Aer Lingus Limited was founded in 1936 and is the national airline of

Ireland. In 2019 the airline operated approximately 60 aircraft on over 100 routes to destinations

5 in the UK, Europe, and North America, including 16 transatlantic routes, and it carried more than

13 million passengers. Aer Lingus Limited is a 100 percent subsidiary of the Irish designated activity company, Aer Lingus Group DAC, its only shareholder. Aer Lingus Group DAC is in turn a subsidiary of AERL Holdings Limited, a private company limited by shares registered in

England and Wales with AERL Holdings Limited owning 100 percent of the issued shares of Aer

Lingus Group DAC less one "B" share held by the Minister for Finance of Ireland.2 AERL

Holdings is in turn 100 percent owned by International Consolidated Airlines Group S.A.,

(“IAG”), a public limited company registered in Spain.3

Aer Lingus (U.K.) Limited respectfully requests that the Department waive the requirement stated in Article 3 of the US-UK Agreement, that substantial ownership and effective control of

Aer Lingus (UK) be vested in nationals of the United Kingdom. This would be consistent with the Department’s longstanding practice of granting waivers when grant of the waiver would not be inimical to U.S. aviation policies or interests.4

The November 28, 2018 US-UK Memorandum of Consultations noted (in Paragraph 14) that both parties had a “mutual interest in facilitating new entrant airlines in the U.S.-UK market in the hopes of increasing competition that benefits the consumer.” In that context, the U.S.

2 The “B” share confers rights on the Irish Minister for Finance such that the Minister’s consent is required in relation to certain matters. 3 It is intended that, with effect from January 1, 2021, a new corporate structure will be put in place to ensure that Aer Lingus Limited will continue to comply with EU ownership and control rules as set out in EU Regulation 1008/2008 such that it will retain its EU operating license following the expiry of the transition period applicable to the withdrawal of the United Kingdom from the European Union. 4 See DOT Order 2017-9-13, Order Granting Exemption and to Show Cause, September 21, 2017, DOT-OST-2017- 0040 (Vuela Aviation), p. 4; DOT Order 2016-8-20, Order Granting Exemption and to Show Cause, August 22, 2106, DOT-OST-2016-0135 (Volaris), p. 3; DOT Order 2016-6-4, Order Granting Exemption and to Show Cause, June 3, 2016, DOT-OST-2016-0058 (Air Seychelles), p. 2-3; DOT Order 2013-11-5, Order Granting Exemption and to Show Cause, November 4, 2013, DOT-OST-2013-0145 (Comlux Aruba), p. 2-3; DOT Order 2013-5-16, Order Granting Exemption and to Show Cause, May 29, 2013, DOT-OST-2013-0035 (lnselair Aruba), p. 3; DOT Order 2012-7-24, Order to Show Cause, July 20, 2012, DOT-OST-2011-0148 (VivaAerobus), p. 2; DOT Order 2007-8-3, Order Granting Exemption and to Show Cause, August 3, 2007, OST-2007-28387 (G5 Executive), p. 2; and DOT Order 98- 6-23, Order Issuing Foreign Air Carrier Permits, June 10, 1998, OST 97-2166 (Premiair), p. 2, 10.

6 delegation assured the UK delegation (in Paragraph 15) that “DOT has broad authority to waive ownership and control standards, and that DOT has a long-established practice of waiving such standards for airlines when all countries involved are Open-Skies partners.” In addition, Paragraph

18 of the Memorandum of Consultations records that the UK delegation noted Article 2(1) of

Annex 4 of the Air Transport Agreement between the United States of America and the European

Community and its Member States (“US-EU Agreement”) which addresses ownership and control

of third-country airlines and provides:

Neither party shall exercise any available rights under air services arrangements with a third country to refuse, revoke, suspend or limit authorizations or permissions for any airlines of that third country on the grounds that substantial ownership of that airline is vested in the other Party, its nationals, or both.

The United States and the European Union are parties to a full and robust open skies agreement, and grant of the authority requested here would facilitate a new entrant carrier that would introduce service in markets currently not receiving any non-stop service, thereby increasing competition to the benefit of passengers. Accordingly, grant of the waiver requested here would be consistent with both open skies agreements (the US-UK Agreement and the US-EU

Agreement), would not be inimical to U.S. aviation policies or interests, and there should not be

any obstacle to waiving the substantial ownership and effective control requirement in this

instance.

8. Homeland Government and Other Relationships

Aer Lingus (U.K.) Limited is a privately owned company. As noted above, 100 percent of

Aer Lingus (U.K.) Limited’s shares are held by its parent company, Aer Lingus Limited. Except as discussed in paragraph 11, neither Aer Lingus (U.K.) Limited nor its owners, officers, or directors hold any material interest in a U.S. carrier, any other foreign air carrier, or any entity engaged in the business of aeronautics.

7 9. Aircraft and Maintenance Arrangements

The following aircraft will be used by Aer Lingus (U.K.) Limited in its transatlantic

service:

Aircraft Type Current Registration Current Country of Registration Airbus A330-302 EI-EDY Ireland Airbus A330-302 EI-ELA Ireland

Both of these aircraft will be re-registered and placed on the UK registry. Two additional

Airbus A321-253NX aircraft, due to be delivered in February and March 2021 respectively, will

be used in the operation of the services. These aircraft will be also registered in the United

Kingdom.

Maintenance for the aircraft will be performed pursuant to a CAA-approved maintenance program that will comply with the International Civil Aviation Organization (ICAO) Pilots and

Airmen Annexes 1, 6 (Part 1), and 7. It is intended that base maintenance support will be provided by Sabena Technics and Dublin Aerospace, and line maintenance support will be provided by

British Airways and Aer Lingus Limited.

10. Codeshare Arrangements

Other than as described in this application, Aer Lingus (U.K.) Limited is not now

requesting codeshare authority with any U.S. or non-U.S. carrier that would affect the proposed

service to the United States. Any such requests would be dealt with by way of separate applications

for such codeshare approvals.

11. Financial Summary

As described in paragraph 7, Aer Lingus (U.K.) Limited is wholly owned by Aer Lingus

Limited, which is part of the IAG group of airlines that also includes British Airways PLC, Iberia

Líneas Aéreas de España Sociedad Anónima Operadora (Iberia), and Vueling Airlines SA. IAG

8 is publicly traded on the London Stock Exchange and the most recent audited annual financial

results for Aer Lingus Limited can be found online at https://www.iairgroup.com/en/investors- and-shareholders/results-and-reports. The ownership and financial results confirm Aer Lingus

(U.K.) Limited’s operational and financial fitness.

12. Proposed Schedule

Aer Lingus (U.K.) Limited anticipates its initial service to the United States will consist of

operations between Manchester, United Kingdom, on the one hand, and New York (JFK), Orlando

(MCO), and Boston (BOS) on the other hand. With the closure of Thomas Cook Airlines in

September 2019, all nonstop routes to the United States from Manchester in 2021 are forecast to

be served by only one operator, and 70 percent of the peak summer capacity is anticipated to be

operated by Virgin Atlantic. In the first year of operations, Aer Lingus (U.K.) Limited anticipates

providing additional flight options on the routes Manchester-New York (JFK) and Manchester-

Orlando, and providing service on one currently unserved route, Manchester-Boston. Aer Lingus

(U.K.) Limited intends to operate daily flights to New York (JFK), daily summer flights and four

flights per week in the winter to Orlando, and daily summer flights to Boston.

13. Family Assistance Plan and Passenger Manifest Information

Aer Lingus (U.K.) Limited will rely upon the Aviation Disaster Family Assistance Plan submitted by Aer Lingus Limited in Docket DOT-OST-1998-3304 dated April 18, 2019, as required by 49 U.S.C. § 41313.

Pursuant to Part 243 of the Department’s Regulations, Aer Lingus (U.K.) Limited intends

to record the full name, as provided by the passenger, of U.S. citizens traveling on Aer Lingus

(U.K.) Limited flights to or from the United States in the Aer Lingus Limited Reservations and/or

Departure Control System. U.S. citizen passengers also will be asked to provide a contact name

9 and telephone number. If that information is provided, it also will be recorded in the Aer Lingus

Limited Reservations and/or Departure Control System. The collected data will be retained for the duration of the flight.

14. Insurance

Aer Lingus (U.K.) Limited will submit a copy of the Foreign Air Carrier Insurance

Certificate (OST Form 6411) as soon as it becomes available. Aer Lingus (U.K.) Limited confirms

it intends to obtain insurance coverage that complies with the Department’s insurance

requirements.

15. Safety and Tariff Violations

Aer Lingus (U.K.) Limited is a new entity and has not had any safety or tariff violations or

fatal accidents in the last five (5) years.

16. Waiver of Warsaw Convention Limits

Attached as Exhibit 1 is a copy of OST Form 4523 covering the waiver of liability

limitations under the Warsaw Convention.

17. Estimated Fuel Usage

Aer Lingus (U.K.) Limited anticipates that grant of the requested authority will not cause

a near-term net annual change in aircraft fuel consumption of 10 million gallons or more, compared

to the probable consumption of fuel were the action not taken. Accordingly, grant of the requested

exemption 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.

Aer Lingus (U.K.) Limited Request for Statements of Authorization

Aer Lingus (U.K.) Limited requests statements of authorization pursuant to Part 212 of the

Department’s regulations to the extent necessary to enable it to operate service under the “Aer

10 Lingus” name and EI* designator code, and for it to list the British Airways BA* designator code

on flights operated by Aer Lingus (U.K.) Limited.5 In support of this request, Aer Lingus (U.K.)

Limited submits the following information:

Aer Lingus Limited currently operates service to the United States pursuant to its foreign

air carrier permit issued by the Department by Order 2007-10-38, in docket DOT-OST-2007-

28550. That foreign air carrier permit authorizes Aer Lingus Limited to operate, inter alia:

Foreign scheduled and 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 Member State and via intermediate points to any point or points in the United States and beyond;

Foreign scheduled and 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; and

British Airways currently operates service to the United States pursuant to its foreign air

carrier permit issued by the Department by Order 2007-10-1, in docket DOT-OST-2007-28149.

That foreign air carrier permit authorizes British Airways to operate, inter alia:

Accordingly, both Aer Lingus Limited and British Airways currently hold all necessary

route authority required to market the services Aer Lingus (U.K.) Limited proposes to operate, and

the requested authorizations are consistent with both open skies agreements (the US-EU

5 Aer Lingus (U.K.) Limited also requests a waiver of the 45-day advance filing requirement specified in Part 212.

11 Agreement and the US-UK Agreement), which expressly and respectively permit designated

airlines of one Party to:

“enter into co-operative marketing arrangements, such as blocked‐space or code‐ sharing arrangements, with: a. any airline or airlines of the Parties; b. any airline or airlines of a third country …” (US‐EU Agreement, Article 10(7))

and:

“enter into cooperative marketing arrangements such as blocked‐space, code‐ sharing, or leasing arrangements, with a. an airline or airlines of either Party; b. an airline or airlines of a third country …” (US‐UK Agreement, Article 8(7).6

All three carriers will accept the conditions normally applicable to codeshare authority such as requested herein and will comply with all other standard Department regulations and policies, including the codeshare disclosure regulations of Part 257. Consistent with standard Department practice, Aer Lingus (U.K.) Limited requests that the statements of authorization be issued for an indefinite period.

Aer Lingus Limited Application for Exemption Authority

As noted above, Aer Lingus Limited currently provides service to and from the United

States pursuant to its foreign air carrier permit. That permit includes the standard explanation that

it is subject “to all applicable provisions of any treaty, convention or agreement affecting

international air transportation now in effect, or that may become effective during the period this

6 The requested authorizations are also consistent with the Department’s longstanding policy of granting codeshare rights to other foreign carriers whose homeland governments have open skies relationships with the United States. See, e.g., Department Action, DOT-OST-2002-13958, January 9, 2009 (Air France/Alitalia); Department Action, DOT-OST-2010-0175, July 30, 2010 (Austrian/Lufthansa); Notice of Action Taken, DOT-OST-2010-0199, August 24, 2010 (Aer Lingus/Spanair); Department Action, DOT-OST-2014-0128, August 4, 2014 (WestJet/JAL); Department Action, DOT-OST-2015-0078, May 7, 2015 (WestJet/Air France); Department Action, DOT-OST-2016- 0051, April 26, 2016 (Alaska/Horizon/SkyWest/LATAM Peru); and Department Action, DOT-OST-2016-0118, July 15, 2016 (Qatar Airways/SriLankan); and Department Action, DOT-OST-2009-0337 and DOT-OST-2013-0007, March 18, 2020 (American Airlines/Qatar Airways).

12 permit remains in effect, to which the United States and the holder’s homeland are or shall become

parties.”

Aviation relations between the United States and Ireland are governed by the US-EU

Agreement, and pursuant to Article 3, European Community carriers such as Aer Lingus Limited

have the right to perform international air transportation:

[F]rom points behind the Member States via the Member States and intermediate points to any point or points in the United States and beyond; for all‑cargo service, between the United States and any point or points; and, for combination services, between any point or points in the United States and any point or points in any member of the European Common Aviation Area (hereinafter the "ECAA") as of the date of signature of this Agreement.

The United Kingdom currently is both a Member State of the European Community and a

member of the ECAA, and it was a member of the ECAA as of March 22, 2007, the signature date of the US-EU Agreement. Accordingly, there can be no question that Aer Lingus Limited today holds all underlying route authority required for it to market United Kingdom-United States transportation on flights operated by Aer Lingus (U.K.) Limited. Moreover, given that any new

circumstances resulting from the US-EU Agreement ceasing to apply to the United Kingdom

following the expiry of the current transition period relating to its withdrawal from the European

Union will not affect the status of the United Kingdom as a member of the ECAA as of March 22,

2007, Aer Lingus Limited’s authority should remain in effect regardless of the expiry of this transition period. Nonetheless, out of an abundance of caution, Aer Lingus Limited respectfully requests any additional exemption authority the Department deems necessary for it to market

United Kingdom-United States transportation on flights operated by Aer Lingus (U.K.) Limited.

13 Joint Applicants’ Request to Hold Out Service on a Limited Basis

The Joint Applicants intend to inaugurate the service for which authority is requested above during the upcoming 2021 IATA summer season. Especially given the extraordinary market conditions resulting from the COVID-19 pandemic, the ability to promote, advertise, and sell these services as quickly as possible could significantly contribute to the ultimate success of the competitive services proposed in this application.

Pursuant to 14 CFR § 201.5, applicants for new or amended certificate or commuter air carrier authority may not hold out the service for which authority is requested pending Department approval. Although section 201.5 does not apply to applicants for foreign air carrier permit or exemption authority, the Joint Applicants are aware that under circumstances strikingly similar to those at issue here, the Department affirmatively authorized Zoom Airlines Limited to engage in marketing and sales activities in the United Kingdom pending Department action on Zoom’s application for permit and exemption authority to “assist the carrier in beginning full operations in the London (Gatwick)-New York market upon obtaining the requisite regulatory approvals from the United Kingdom and from the Department.” (Notice of Action Taken in Docket DOT-OST-

2007-27060, April 2, 2007, granting Zoom Airlines Limited a pendente lite exemption to permit

Zoom to begin holding out, marketing, listing schedules, advertising, selling, accepting reservations, accepting payment, and issuing tickets in the United Kingdom, for its proposed

London (Gatwick)-New York scheduled services, pending Department action on its application for corresponding exemption authority. See also Notice of Action Taken in Docket DOT-OST-

2007-27060, May 9, 2007, expanding Zoom’s pre-sale authorization to Bermuda).

Given the foregoing, the Joint Applicants respectfully request the Department either disclaim jurisdiction of their sales and marketing activities outside the United States or grant

14 pendente lite exemption authority to the extent necessary to enable them to begin holding out, marketing, listing schedules, advertising, selling, accepting reservations, accepting payments, and issuing tickets in the United Kingdom subject to applicable UK consumer protection requirements.

Attached as Exhibit 2 is the Verification as required by section 302.4 of the Department’s regulations.

ACCORDINGLY, for the reasons discussed above, Aer Lingus (U.K.) Limited respectfully requests that the Department grant a foreign air carrier permit and corresponding exemption authority in order to engage in:

(ii) foreign scheduled and charter cargo air transportation between any point or points in the territory of the United States and beyond;

(iii) other charter transportation 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 United Kingdom carriers in the future.

Aer Lingus (U.K.) Limited further requests Statements of Authorization to the extent necessary to enable Aer Lingus (U.K.) Limited to operate service between the United Kingdom and the United

States under the “Aer Lingus” name and EI* designator code, to list the British Airways BA* designator code on service between the United Kingdom and the United States, as well as any further relief the Department deems necessary to operate the services discussed above. Aer Lingus

Limited requests any additional exemption authority the Department deems necessary for it to market United Kingdom-United States transportation on flights operated by Aer Lingus (U.K.)

EXHIBIT 1

Waiver of Liability Limitations Under the Warsaw Convention

OST Form 4523

EXHIBIT 2

Verification

CERTIFICATE OF SERVICE

I hereby certify that on this 9th day of December 2020, a copy of the foregoing application has been served by electronic mail on the parties named below.

______Vanessa Krasniewicz

Jeremy Ross (Alaska/Horizon) [email protected] David Heffernan (Alaska/Horizon) [email protected] Robert Wirick (American) [email protected] John B. Williams (American) [email protected] Russell Pommer (Atlas Air) [email protected] Chris Walker (Delta) [email protected] Alex Krulic (Delta) [email protected] Steven Seiden (Delta) [email protected] Sandra Lunsford (FedEx) [email protected] Anne Bechdolt (FedEx) [email protected] Brian Hedberg (FedEx) [email protected] Rob Land (JetBlue) [email protected] Reese Davidson (JetBlue) [email protected] Kevin Montgomery (Polar) [email protected] Robert Kneisley (Southwest) [email protected] Leslie Abbott (Southwest) [email protected] Daniel A. Weiss (United) [email protected] Stephen Morrissey (United) [email protected] Amna Arshad (United) [email protected] Anita Mosner (UPS) [email protected] Benjamin Slocum (UPS) [email protected] Marina O’Brien (UPS) [email protected] Dontai Smalls (UPS) [email protected] Paul Doell (NACA) [email protected] George Paul (NACA) [email protected] Alexander Van der Bellen (ALPA) [email protected] David Semanchik (ALPA) [email protected]

John Duncan (FAA) [email protected] Dave Williams (State Department) [email protected] Bob Finamore (DOT) [email protected] Brett Kruger (DOT) [email protected] Bernice Gray (DOT) [email protected] David Christofano (DOT) [email protected] Darren Jaffe (DOT) [email protected]