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BEFORE the U.S. DEPARTMENT of TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) SPICEJET LIMITED ) ) Docket No. OST-2020

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BEFORE the U.S. DEPARTMENT of TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) SPICEJET LIMITED ) ) Docket No. OST-2020 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) SPICEJET LIMITED ) ) Docket No. OST-2020-_ for an exemption under 49 U.S.C. § 40109 and ) a foreign air carrier permit pursuant to ) 49 U.S.C. § 41301 ) ) (India - U.S.) ) ) APPLICATION OF SPICEJET LIMITED FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT Communications with respect to this document should be addressed to: Glenn P. Wicks Ekaterina A. Grimes THE WICKS GROUP PLLC 6122 Beachway Drive Falls Church, VA 22041 Tel: +1-202-457-7790 [email protected] [email protected] November 25, 2020 for SPICEJET LIMITED NOTE: Any person who wishes to support or oppose this application must file an answer within 21 calendar days thereof or on or before December 16, 2020. SPICEJET LIMITED intends to poll on this application and will advise the Department of the results. BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) SPICEJET LIMITED ) ) Docket No. OST-2020-_ for an exemption under 49 U.S.C. § 40109 and ) a foreign air carrier permit pursuant to ) 49 U.S.C. § 41301 ) ) (India - U.S.) ) ) APPLICATION OF SPICEJET LIMITED FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the Department of Transportation’s economic regulations, and the Department’s rules of practice, SpiceJet Limited (“SpiceJet”), a foreign air carrier of India, hereby applies for exemption authority and a foreign air carrier permit to conduct foreign scheduled and charter air transportation of persons, property, and mail as envisaged by the terms of the Air Transport Agreement Between The Government Of The United States Of America And The Government Of India, signed on January 15, 2005 (the “U.S.- India Open Skies Agreement”), as well as the Memorandum of Consultations thereto. Specifically, SpiceJet seeks authority to operate scheduled air transportation of persons, property, and mail between points on the following routes: (1) from points behind India via India and intermediate points to a point or points in the United States and beyond; and (2) for all-cargo service or services, between the United States and any point or points. SpiceJet, further, seeks authority to operate charter air transportation of persons, property, and mail carrying international charter traffic of passengers (and their accompanying baggage) and/or cargo (including, but not limited to, freight forwarder, split, and combination (passenger/cargo) charters): 2 (1) between any point or points in the territory of India (as the party that has designated the airline) and any point or points in the territory of the United States; and (2) between any point or points in the territory of the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to India for the purpose of carrying local traffic between India and the territory of the United States. In filing this application, SpiceJet respectfully requests that this application be decided on the basis of written submissions pursuant to 14 C.F.R. § 302.207, and that the Department grant the requested authority by proceeding directly to a final order as set forth in 14 C.F.R. §302.210(a)(2). The application also hereby invokes the Department’s August 23, 2005 Notice in Docket OST-2005-22228 (the “Streamlined Licensing Procedures Notice”) and requests that its instant application for a foreign carrier permit and an exemption be processed and acted on by the Department pursuant to the Streamlined Licensing Procedures set forth by the referenced Notice. SpiceJet requests expedited processing of this application to allow it to begin the proposed services as soon as possible. Specifically, SpiceJet plans to start operating charters carrying COVID19 PPE cargo, and repatriation passengers between Delhi, India and New York JFK International Airport as soon as possible, thus contributing to the ongoing relief operations to combat the COVID 19 pandemic. Subject to appropriate authorizations, it may start operations of charter flights through a wet lease arrangement at the outset and then transition to its own fleet thereafter. The authority sought herein will result in increased air transportation choices, greater service options, and enhanced competition, thereby benefiting consumers in both the United States and India. 3 The following is provided in support of this application: 1. CORPORATE INFORMATION AND GOVERNMENT OVERSIGHT The applicant’s full name is SpiceJet Limited, dba SpiceJet. Its principal place of business is located at 319 Udyog Vihar, Phase IV, Gurgaon, Haryana, India 122016. SpiceJet is a private limited liability company duly organized and registered under the laws of India on February 9, 1984 under the name of Genius Leasing Finance and Investment Company Limited. The name and address of the national governmental authorities having regulatory jurisdiction over SpiceJet’s air transport operations are: Directorate General of Civil Aviation of the Ministry of Transport of India Mr. Arun Kumar, Director General Address: DGCA Complex, Opp. Safdarjung Airport, New Delhi, India 110003 2. SERVICE PROPOSAL Consistent with rights available to carriers of both parties to the U.S.- India Air Transport Agreement, applies for exemption authority and a foreign air carrier permit to conduct foreign scheduled and charter air transportation of persons, property, and mail as envisaged by the terms of the Air Transport Agreement Between The Government Of The United States Of America And The Government Of India, signed on January 15, 2005 (the “U.S.- India Open Skies Agreement”), as well as the Memorandum of Consultations thereto. Specifically, SpiceJet seeks authority to operate scheduled air transportation of persons, property, and mail between points on the following routes: (1) from points behind India via India and intermediate points to a point or points in the United States and beyond; and (2) for all-cargo service or services, between the United States and any point or points. SpiceJet 4 further seeks authority to operate charter air transportation of persons, property, and mail carrying international charter traffic of passengers (and their accompanying baggage) and/or cargo (including, but not limited to, freight forwarder, split, and combination (passenger/cargo) charters) between any point or points in the territory of the Party that has designated the airline and any point or points in the territory of the other Party; and between any point or points in the territory of the other Party and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to the homeland for the purpose of carrying local traffic between the homeland and the territory of the other Party. SpiceJet plans to start operating charters carrying COVID19 PPE cargo, and repatriation passengers between Delhi, India and New York JFK International Airport as soon as possible, thus contributing to the ongoing relief operations to combat the COVID 19 pandemic. It will further develop its cargo and passenger services once the Covid 19 epidemic subsides. SpiceJet may further expand the proposed services and use other aircraft in the future. 3. OFFICERS, DIRECTORS, AND KEY PERSONNEL Managerial and operational control of SpiceJet is vested in its Chairman & Managing Director, and the Board of Directors. The Board of Directors of SpiceJet consists of five individuals, all citizens of India, as shown in Attachment 1 hereto. In his duties the Chairman & Managing Director is assisted by the key management personnel responsible for the major organizational units of the company, as well as by the Heads and Managers of various Departments. A List of the names, and residential and business addresses of all of SpiceJet’s key management personnel, officers and directors as defined in Section 211.20(d) of the Department's Regulations is attached hereto as Attachment 1. All SpiceJet’s key management personnel are citizens of India. To 5 SpiceJet’s best knowledge, the individuals listed in Attachment 1 are not related by blood or marriage. Because SpiceJet has been providing direct air service for more than one year, it is not necessary to summarize the business experience of its directors, officers, or key management personnel. See 14 C.F.R. § 211.20(d). 4. OWNERSHIP INFORMATION SpiceJet is a limited liability company formed and registered under the laws of India. SpiceJet Limited is a public company listed on Bombay Stock Exchange India. The controlling stake of the Company is held by Mr. Ajay Singh and persons acting in concert with him as follows: Mr. Ajay Singh 50.75%; Ajay Singh (Hindu Undivided Family) 8.81%; and Mrs. Kalpna Singh 0.40%. In addition to Mr. Ajay Singh and Ajay Singh (Hindu Undivided Family), 5.05% of the shares of the company are held by HDFC Trustee Company Ltd. A/c HDFC Balanced Advantage Fund. 5. STOCKHOLDINGS OF OFFICERS, DIRECTORS AND KEY PERSONNEL SpiceJet's officers, directors, and key personnel do not hold any interest in (1) any U.S. carrier; (2) any other foreign air carrier; (3) any persons engaged in the business of aeronautics; or (4) any common carrier, or any person whose principal business is the holding of stock in, or control of, any air carrier. 6. RELATIONSHIP WITH THE GOVERNMENT OF INDIA As noted above herein, SpiceJet is a public limited liability company listed on Bombay Stock Exchange India. Under its founding documents, SpiceJet is an independent legal entity having an independent balance sheet, property, bank accounts, and the rights to conclude contracts, acquire real, personal and intangible property, and bear independent liability.
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