Jordan Aviation Application for an Exemption And
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BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. __________________________________________ ) Application of ) ) Jordan Aviation (PSC) ) ) Docket No. OST 2021 --- for an Exemption pursuant to ) 49 U.S.C. § 40109 and a ) Foreign Air Carrier Permit ) pursuant to 49 U.S.C. § 41301 ) __________________________________________) APPLICATION OF JORDAN AVIATION (PSC) FOR EXEMPTION AUTHORITY AND A FOREIGN AIR CARRIER PERMIT Communications with respect to the above should be addressed to: Evelyn D. Sahr Drew M. Derco Alexander T. Marriott Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Ave., N.W. 12th Floor Washington, D.C. 20006 Phone: (202) 659-6600 Fax: (202) 659-6699 E-mail: [email protected] Counsel to Jordan Aviation (PSC) DATED: January 7, 2021 NOTICE: The applicant will be polling on this application and requests responses by January 14, 2021. BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. __________________________________________ ) Application of ) ) Jordan Aviation (PSC) ) ) Docket No. OST 2021---- for an Exemption pursuant to ) 49 U.S.C. § 40109 and a ) Foreign Air Carrier Permit ) pursuant to 49 U.S.C. § 41301 ) __________________________________________) APPLICATION OF JORDAN AVIATION (PSC) FOR EXEMPTION AUTHORITY AND A FOREIGN AIR CARRIER PERMIT Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the Department of Transportation’s (the “Department” or “DOT”) Economic Regulations (14 C.F.R. Part 211), Subparts B and C of the Department’s Rules of Practice in Proceedings (14 C.F.R. §§ 302.201 and 302.301, et seq.), and the Department’s streamlined licensing procedures,1 Jordan Aviation (PSC) (“Jordan Aviation”) hereby applies for an exemption and foreign air carrier permit authorizing Jordan Aviation to engage in scheduled and charter air transportation of persons, property and mail from any point or points behind the Hashemite Kingdom of Jordan, via any point or points in Jordan and intermediate points, to any point or points in the United States and beyond. Jordan Aviation respectfully requests that DOT act promptly on this Application, and grant the requested exemption authority for a period of two years, or until the Department issues Jordan Aviation the foreign air carrier permit requested herein. Jordan Aviation intends to poll those 1 See Notice in Docket OST-2005-22228 (Aug. 23, 2005). 2 parties listed on the attached service list and will advise the Department of the polling results. In further support hereof, Jordan Aviation submits the following: 1. State the Name and address of the applicant, the nature of its organization and, if applicable, the name of the country under the laws of which it is organized. The complete name and address of Jordan Aviation is as follows: Jordan Aviation (PSC) Om-Othaina Quarters, King Faisal Street 55 P.O. Box 922358 Amman 11192 - Jordan Jordan Aviation is organized under the laws of the Hashemite Kingdom of Jordan. 2. Name and official address of the government air transport authority having regulatory jurisdiction over applicant. Jordan Aviation is subject to the regulatory jurisdiction of the Jordan Civil Aviation Regulatory Commission, located at: Hashemite Kingdom of Jordan Civil Aviation Regulatory Commission (CARC) Amman Civil Airport Families Gate King Abdullah Ist St 376 Amman, Jordan Phone: +962 6488432 Fax: +962 64872173 Email: [email protected] 3. Statement of the authority requested and a description of the services proposed. Jordan Aviation seeks authority to engage in scheduled and charter foreign air transportation of persons, property, and mail from any point or points behind Jordan, via any point or points in Jordan and intermediate points, to any point or points in the United States and beyond, to the full extent permitted by Air Transport Agreement Between the Government of the United States of America and the Government of the Hashemite Kingdom of Jordan (the “U.S.-Jordan Air Transport Agreement” or “Agreement”). The service proposed herein is specifically contemplated 3 and permitted by the Agreement at Art. 2, Annex I Secs. 1 and 2, and Annex II Secs. 2, and is therefore in the public’s interest. Jordan Aviation anticipates inaugurating scheduled service to the United States by April 1, 2021, but plans to begin charter-only service as soon as it receives all necessary governmental approvals. Jordan Aviation’s charter service will involve the carriage of persons and property (primarily PPE). 4. Provide names, addresses, and citizenship of all Directors, Officers, and Key Management Personnel. The names, addresses, and citizenship of all Directors, Officers, and Key Management Personnel are attached as Exhibit 1. 5. Provide the names and citizenship of all persons holding five percent or more of the capital stock or capital of the applicant, along with the number and percentage of shares held by each. Information regarding the ownership of Jordan Aviation is attached as Exhibit 2. 6. Does the ownership of applicant hold an interest in any other U.S. or foreign carrier, common carrier, or person engaged in the business of aeronautics? Jordan Aviation’s ownership holds a 40% ownership stake of the air carrier Alexandria Airlines, which is based in Cairo, Egypt. 7. Relationship between the applicant and its homeland government. The government of the Hashemite Kingdom of Jordan does not own any portion of Jordan Aviation, nor are there any government officials on Jordan Aviation’s Board. Jordan Aviation is an entirely owned by private interests. 4 8. Applicant’s insurance coverage meets or exceeds the liability limits of 14 C.F.R. Part 205. Jordan Aviation’s liability insurance meets the requirements of 14 C.F.R. Part 205, and will be providing a completed certificate of insurance (DOT Form 6411), as required by 14 C.F.R. Part 205, in a separate filing. Jordan Aviation will also concurrently file the certificate with the FAA. 9. Evidence of the applicant’s homeland operating authority. Jordan Aviation has an Air Operator Certificate issued by the Jordan Civil Aviation Regulatory Commission, which is attached for the Department’s review as Exhibit 3. 10. Summary of applicant’s operating history. Jordan Aviation was founded in 1998 as a privately owned airline headquartered in Amman, Jordan, and obtained its Air Operators Certificate in 2000. It launched its air service from Amman as the first privately owned charter airline in Jordan. Jordan Aviation operates worldwide scheduled and charter flights, provides wetlease services to major airlines across the globe, and is an important provider of air transportation for the United Nations’ peacekeeping forces. While Jordan Aviation serves locations throughout the world, it provides scheduled service throughout Jordan, Egypt, Iraq, Turkey, United Arab Emirates, Kuwait, Saudi Arabia, Lebanon, and Ukraine. The airline employs approximately 1,000 people through the companies in its corporate group. 11. List of aircraft owned. A complete list of Jordan Aviation’s aircraft, along with their registration marks, is attached as Exhibit 4. 5 12. State where and by whom the maintenance of the aircraft is or will be performed. The maintenance of Jordan Aviation’s aircraft is undertaken by the airline at its home base in Amman, Jordan. The maintenance programs of Jordan Aviation comply with the provisions of the ICAO Pilots and Airmen Annexes I, 6 (Part I), and 7. The Hashemite Kingdom of Jordan is a contracting state to the Chicago Convention. 13. Describe any arrangements or cooperative working arrangements that exist between the applicant and a U.S. or foreign carrier that would affect the proposed services. Jordan Aviation has no agreements or cooperative working arrangements with U.S. or foreign air carriers that would affect the proposed services. 14. Financial data. Jordan Aviation is financially qualified to provide the services proposed in this application. Details about its finances are being submitted under seal (Exhibit 5) along with a Motion for Confidential Treatment. These materials establish that Jordan Aviation meets and exceeds the Department’s financial fitness criteria. 15. Amount, type and reason for financial assistance received from the applicant’s home country government, if applicable. The Government of Jordan does not provide any financial assistance to Jordan Aviation. 16. Estimate of total traffic and financial results of intended service. Prior to the commencement of operations, it is difficult for Jordan Aviation to accurately predict the total number of passengers that will be served. However, Jordan Aviation estimates that approximately 9,600 passengers and 1,560 tons of cargo will be transported within the first year of service. 6 17. Justifications for granting proposed air transportation services. The service proposed herein is consistent with the U.S.-Jordan Air Transport Agreement, signed November 10, 1996, which states that carriers of the Hashemite Kingdom of Jordan may provide scheduled and charter services to the United States to carry passengers, cargo, and/or a combination of both. Jordan Aviation’s new service will establish an important link between the Middle East and the United States, benefit travelers in Jordan and the United States, serve the interests of comity and reciprocity, and thus, is strongly in the public interest. 18. Policy of applicant’s homeland with respect to U.S. carriers’ applications for scheduled and charter authority. It is Jordan Aviation’s understanding that opportunities for U.S. carriers to provide scheduled and charter service to Jordan are available pursuant to the U.S.-Jordan Air Transport Agreement, signed November 10, 1996. 19. Has applicant been involved in any safety or tariff violations or fatal accidents in the last five years? Jordan Aviation has not been involved in any safety violations or fatal aircraft accidents within the last five years. Jordan Aviation will not wet lease with any carrier that has been involved in any safety violations or fatal aircraft accidents within the last five years. 20. Submission of OST Form 4523 (Waiver of liability limits under the Warsaw Convention).