British Midland Airways Limited d/b/a bmi

OST-2007-28975 - Exemption - US-EU Open-Skies Authority

August 8, 2007

Application for Exemption

bmi hereby requests an exemption from 49 U.S.C. 41301 permitting bmi to engage in scheduled, charter and other foreign air transportation of persons, property and mail including: (i) 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 Stale and via intermediate points to any point or points in the United States and beyond; (ii) 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; (iii) foreign scheduled and charter cargo air transportation between any point or points in the United States and any point or points; (iv) other charters pursuant to the prior approval requirements set forth in 14 C.F.R. 212 of the Department's regulations; and (v) transportation authorized by any additional route rights made available to European Community carriers in the future.

bmi requests further that the Department permit bmi to immediately accept payment and issue tickets and, effective March 30, 2008, commence flight operations to the full extent permissible under the US-EC Agreement. bmi requests that any exemption granted by the Department remain valid for at least a two-year period.

Counsel: Squire Sanders, Marshall Sinick, 202-626-6600, msinck@ssd.com

Order 2007-9-24
OST-2007-28975 - Exemption - US-EU Open-Skies Authority

Issued and Served September 25, 2007

Order Granting Exemption

We grant the request of bmi for an exemption under 49 U.S.C. 40109 to permit it (1) effective on the issue date of this order, to accept payment, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008, to commence flight operations, for a) 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; b) 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; c) foreign scheduled and charter cargo air transportation between any point or points in the United States and point or points; d) other charters pursuant to the prior approval requirements set forth in Part 212 of the Department’s regulations; and e) transportation authorized by any additional route rights made available to European Community carriers in the future.

Our action granting the exemption is effective immediately, for a period of two years from the issue date of this order.

By: Paul Gretch