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 ) ) ( - 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 , 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, , 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. SpiceJet acts under free-market principles whereby the State is not liable for any commitments of SpiceJet, and SpiceJet is not liable for the obligations of the State.

Therefore, SpiceJet has the authority to independently control its own managerial

6 decisions, and its officers, directors, and key personnel are charged with, and carry out, that responsibility.

7. INSURANCE COVERAGE

SpiceJet's insurance coverage meets the requirements of 14 C.F.R. Part 205. Its aircraft and services are insured by The New India Assurance Co Limited, an insurance provider of India. An executed copy of OST Form 6411 (Certificate of Insurance) from

SpiceJet’s insurer is attached hereto as Attachment 2.

8. OPERATOR'S CERTIFICATE

A copy of SpiceJet’s Air Operator Certificate as initially issued on May 17, 2005 and most recently reissued on May 14, 2018, by Directorate General of Civil Aviation of

India, and valid through May 16, 2023, is attached hereto as Attachment 3.

9. OPERATING HISTORY

The origins of SpiceJet can be traced back to 1984 when the company was established by Indian industrialist S. K. Modi to provide private air taxi services. The

Company was incorporated on February 9, 1984, as a private limited company in the name of Genius Leasing Finance and Investment Company Limited. The business was commenced on March 14, 1984.

On February 17, 1993, the company was renamed as MG Express. In the same year, it entered into a technical partnership with the German flag carrier . On November

23, 1994, the Company was awarded the status of a Scheduled Airline using the name of

ModiLuft. Subsequently, the Company also obtained the Associate Membership of

International Air Transport Association (IATA). In July of 1995, established its

Frequent Flyer Program - MILES & SMILES jointly with Deutsche Lufthansa AG, with effect from July 1, 1995. ModuLuft Ltd. suspended its operations in 1996, but restarted them in 2000 as Royal Airways.

7 In 2005 the Company has changed its name from Royal Airways Ltd. to Spicejet

Ltd. It started operations under its current name in 2005 and launched Delhi-Ahmedabad-

Mumbai service on May 24, 2005; as well as a six-day a week service to and

Srinaga on Nov 11, 2005. In 2010 SpiceJet ordered 30 737-800 aircraft to take its fleet size to 58 planes. Its fleet expanded to over 100 aircraft since then, as SpiceJet has grown into a major carrier in India, operating quality domestic and international services.

In 2011 SpiceJet was awarded the Best Website award at ‘World Low Cost Airlines

Asia Pacific Conference. In the same year, it was also voted as India’s Best Low Cost

Airline by Outlook Traveller. Over the years of its operations, SpiceJet has on various occasions been voted as India’s Favourite Domestic Airline for the year by Outlook

Traveller; and India’s International Low Cost Carrier of the Year by Travel Agents

Association of India; as well as India’s Most Outstanding Airline LCC-Domestic Award, by Travel and Hospitality.

10. AIRCRAFT INVENTORY

SpiceJet currently operates 111 aircraft, including: 4 -900 ER,1 Boeing

737-900, 13 Boeing 737 Max 8, 49 Boeing 737-800, 7 Boeing 737-700, Boeing 737-700

Freighter, 2 Boeing 737-800 Freighter and 32 Q400, 3 type aircraft. SpiceJet’s fleet size and composition may vary time to time. SpiceJet may expand its fleet of aircraft used for US operations in the near future, including wet leases, subject to appropriate arrangements and approvals.

For its proposed U.S. operations, SpiceJet is planning to operate Boeing 737-700 and Boeing 737-800 cargo and Boeing 737-800 passenger aircraft, as listed below. SpiceJet is the current sole operator of the listed aircraft.

8 Aircraft Type & Serial Basis of Use Registration No. Country of No. Registration B737-700/ 29042 Lease: NGF Genesis Limited VT-SFB India B737-800/30475 Lease: Bank of Utah VT-SFG India B737-800/41397 Lease: Wilmington Trust SP VT-SZJ India Services (Dublin) Limited B737-800/41398 Lease: Wilmington Trust SP VT-SZK India Services (Dublin) Limited B737-800/37772 Lease: ALC Blarney Aircraft VT-SZM India Limited B737-800/41345 Lease: ALC Blarney Aircraft VT-SZN India Limited

LESSOR REGISTERED ADDRESS State of Registration NGF Genesis Limited Riverside One, Sir John Rogerson’s Ireland Quey Dublin 2, Ireland Bank of Utah 50 South 200 East, Suite 110, Salt USA Lake City, Utah 84111, USA Wilmington Trust SP Fourth Floor, 3 George’s Dock, Ireland Services (Dublin) Limited IFSC, Dublin 1, Ireland ALC Blarney Aircraft 3rd Floor Kilmore House, Park Lane, Ireland Limited Spencer Dock, Dublin 1, Ireland

10. MAINTENANCE ARRANGEMENTS

SpiceJet’s aircraft are maintained by its CAR Part 145 maintenance organization

approved by the Indian government to perform maintenance on Boeing 737 NG, Boeing 737-

8 (MAX) and DHC-8-402 aircraft. SpiceJet will also enter into appropriate contracts in the

United States for line maintenance of its aircraft used for US operations as necessary in the

near future.

India is a contracting state to the Convention on International Civil Aviation

(“Chicago Convention”). SpiceJet’s aircraft are maintained in compliance with applicable

ICAO Annexes. In addition, ApiceJet’s aircraft conform to respective type designs approved

by the State of the Manufacturer and have been issued civil airworthiness certificates in

accordance with the provisions of ICAO Annex 8. Oversight over continuous airworthiness

of SpiceJet’s aircraft is performed under the applicable regulations of India as the state of the

9 operator and registry of the aircraft as set forth in the applicable Annexes to the Chicago

Convention.

11. AGREEMENTS WITH OTHER CARRIERS AFFECTING SPICEJET’S SERVICE PROPOSAL

SpiceJet has no agreements or cooperative working arrangements with other carriers that affect the services proposed by this application.

12. FINANCIAL DATA SUMMARIES

SpiceJet is providing the Department with financial data summaries for the years

2017, 2018 and 2019 (see Attachment 4.) Full Annual Reports for SpiceJet can also be found on its website at .com. SpiceJet respectively requests that in addition to the referenced financial documentation, the Department consider its history of international operations as sufficient to demonstrate its capability to operate to the United States.

13. FINANCIAL PROJECTIONS

Given the current air transportation market situation resulting from the ongoing

Covid 19 pandemic, SpiceJet respectively requests that the Department waive the requirement that financial projections be provided for the first year of the US operations that may be entirely limited to the transportation of the pandemic related passenger and cargo traffic, and will not reflect any of the market data, as publicly available under the usual market circumstances.

14. GOVERNMENTAL FINANCIAL ASSISTANCE

SpiceJet does not receive, and does not expect to receive, any financial assistance from the government of India.

15. AIR TRANSPORT AGREEMENT BETWEEN THE UNITED STATES AND INDIA

SpiceJet’s application is fully consistent with 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

10 Consultations thereto SpiceJet’s designation by the Government of India for the requested operations under Annexes I and II of the Agreement is duly transmitted to the U.S.

Government by the Ministry of External Affairs of India.

16. SAFETY AND TARIFF VIOLATIONS

SpiceJet has not had any flight safety violations or accidents involving loss of life in the year of its operations, and in the five (5) years preceding this application. SpiceJet has not been involved in any tariff violations in the year of its operations, and five (5) years preceding this application.

17. WAIVER OF LIABILITY LIMITS UNDER WARSAW/MONTREAL CONVENTION

Attached hereto as Attachment 5 are three completed copies of OST Form 4523 (Waiver of

Liability Limits under Warsaw Convention) as is required by 14 C.F.R. § 211.20(t).

18. FOREIGN AIR CARRIER FAMILY ASSISTANCE PLAN AND FOREIGN AIR CARRIER FAMILY SUPPORT ACT PLAN

SpiceJet’s Plan to Address the Needs of Families of Passengers Involved in Aircraft

Accidents Pursuant to 49 U.S.C. § 41313 (c), and in compliance with Section 809 of the Vision 100-

Century of Aviation Reauthorization Act (P.L. 108-176, 117 Stat. 2490, December 12, 2003) and

Passenger Manifest Information Collection Procedures as required by 14 C.F.R. § 243, will be submitted to appropriate Department Dockets following the submission of this application.

19. VERIFICATION

The verification required by 14 C.F.R. § 302.4(b) is attached hereto as

Attachment 6.

***

As this permit and exemption application, and appended Attachments demonstrate,

SpiceJet has assembled an experienced team of individuals to manage and develop the unique market opportunities associated with the establishment of its U.S. service. SpiceJet has the financial and technical resources to maintain its domestic and international service.

11 A grant of SpiceJet’s instant application is in the public interest as it will provide the much needed services in the context of the ongoing Covid19 pandemic, and in the aviation market in general. SpiceJet represents a high quality operation that is capable of implementing a high level passenger and cargo charter operation. SpiceJet is a well-known operator looking to expand its operations to the United States in the nearest possible term.

As such, the Department should act expeditiously in granting the authority requested herein by SpiceJet.

As was stated above, a grant of the requested authority is also consistent with the bilateral undertakings between the United States and India.

A grant of SpiceJet 's application would not constitute a "major regulatory action" under 14 C.F.R. Part 313. Specifically, SpiceJet 's annual fuel consumption will not exceed

10 million gallons. Thus, a grant of the permit application will not constitute a "major regulatory action" within the meaning of Section 102(2)(c) of the National Environmental

Policy Act as implemented by 14 C.F.R. § 313.4. As a result, SpiceJet is not required to submit additional information about the energy consumption and energy efficiency consequences of its service proposal.

WHEREFORE, SpiceJet respectfully requests that the Department grant this request for a foreign air carrier permit and exemption, or such other or further relief as the

Department determines to be appropriate and consistent with the public interest.

Respectfully submitted,

GLENN P. WICKS, Counsel for SpiceJet

______EKATERINA A. GRIMES, Consultant for SpiceJet

12

TABLE OF ATTACMENTS

Attachment 1 Key Management Personnel and Management Board

Attachment 2 OST Form 6411, Foreign Air Carriers—Certificate of Insurance

Attachment 3 Air Operator Certificate (AOC)

Attachment 4 Financial Data Summaries

Attachment 5 Form 4523, Waiver of Warsaw Convention Liability Limits

Attachment 6 Verification

13

CERTIFICATE OF SERVICE

I hereby certify that I have on this day served a copy of the foregoing document upon each of the following electronic mail addresses:

Delta [email protected] [email protected] [email protected] [email protected] Federal Express [email protected] [email protected] [email protected] [email protected] Centurion/Sky Lease: [email protected] Alaska Airlines [email protected] Frontier [email protected] [email protected] [email protected]> NAC [email protected] [email protected] [email protected] Hawaiian Airlines: [email protected] [email protected] 21 Air: [email protected] [email protected] [email protected] [email protected] National [email protected]

Polar [email protected] [email protected] [email protected] [email protected] United Airlines [email protected] [email protected] NACA [email protected] American Airlines [email protected] [email protected] [email protected] ABX, ATI [email protected] [email protected] Amerijet [email protected] Atlas Air, Southern Air [email protected] [email protected]

Kalitta Air [email protected] [email protected] [email protected] [email protected]

Allegiant,Western Global [email protected] Omni Air International [email protected] [email protected] Lynden [email protected] [email protected] [email protected] [email protected] UPS [email protected] [email protected] [email protected]

Ekaterina A. Grimes Dated: November 25, 2020