Order 2022-7-16

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
WASHINGTON, D.C.
Issued by the Department of Transportation
on the 20th day of July, 2022

Served: July 20, 2022

Application of

WIZZ AIR HUNGARY, LTD. Docket DOT-OST-2022-0008

for an exemption under 49 U.S.C. § 40109 and a foreign air

carrier permit under 49 U.S.C. § 41301

ORDER DISMISSING APPLICATION

Summary

By this order, for the reasons discussed below, the U.S. Department of Transportation (the
Department) is dismissing the application of Wizz Air Hungary, Ltd. (Wizz Air) for an
exemption under 49 U.S.C. § 40109 and a foreign air carrier permit under 49 U.S.C. § 41301.

Application

By application filed January 18, 2022 (as amended February 22, 2022, and supplemented
February 28, 2022), 1 Wizz Air, a foreign air carrier of Hungary, requests an exemption under 49
U.S.C. § 40109 and a foreign air carrier permit under 49 U.S.C. § 41301 to enable it to conduct
certain services under the U.S.-EU-Norway-Iceland Air Transport Agreement of June 21, 2011,
as amended (the U.S.-EU Agreement). Specifically, the applicant requests authority to engage
in:

• Charter foreign air transportation of property and mail from any point or points behind
any Member States of the EU, via any point or points in any Member State and via
intermediate points, to any point or points in the US and beyond; and

1
In its initial application, Wizz Air Hungary requested economic authority in the form of a foreign air carrier permit
to conduct commercial charter all-cargo services. By contingent motion to amend, the applicant expanded its
request to also include exemption authority. In its supplemental filing, the applicant expanded the scope of its
exemption/permit request. The applicant had included in its supplemental filing a request to conduct other charters
pursuant to 14 CFR Part 212 prior approval requirements. In its surreply, it stated that it had determined that this
request was superfluous and its request for authority need not expressly refer to Part 212.
 • Charter all-cargo services between the US and any point or points.

Responsive Pleadings 2

Opposition to the application was filed by the Southwest Airlines Pilots Association (SWAPA);
the Air Line Pilots Association (ALPA); the Allied Pilots Association (APA); the Independent
Pilots Association (IPA); the European Cockpit Association (ECA); the Association of Flight
Attendants-CWA, AFL-CIO (AFA); and the Transportation Trades Department AFL-CIO
(TTD). In addition to its initial application, Wizz Air Hungary filed a reply/contingent motion to
amend, a supplement, and a surreply. Furthermore, the European Commission’s Directorate
General for Mobility and Transport (DG MOVE) and European Union Aviation Safety Agency
(EASA) filed a consolidated reply to address allegations made in the ECA objection. 3

Decision

The Department is dismissing, without prejudice, the application of Wizz Air Hungary for an
exemption and a foreign air carrier permit. The Department seeks a safety recommendation from
the Federal Aviation Administration (FAA) as part of our adjudication of foreign air carrier
applications for initial exemption and/or permit authority. In this case, the FAA has advised us
that it cannot make a determination at this time as to whether the safety oversight of Wizz Air
Hungary is sufficient to support the award of economic authority to the applicant. In order to
determine the delineation of safety oversight responsibility for Wizz Air Hungary and to be in a
position to make a safety recommendation to the Department, the FAA intends to seek further
information about the nature of the safety oversight arrangement between the European Aviation
Safety Agency (EASA) and the Civil Aviation Authority of Hungary.

Therefore, in light of the above and in the circumstances presented, the Department is
dismissing, without prejudice, the application Wizz Air Hungary filed in the instant docket. The
applicant may refile its application, as appropriate, pending the FAA determination regarding the
safety oversight aspect noted above.

This action is being taken under authority assigned by the Department in its regulations (14 CFR
§385.13). Persons entitled to petition the Department for review of this action under the
Department’s regulations may file their petitions within 10 days of the service date of this order.
The action taken by this order is effective immediately and the filing of a petition for review
shall not alter its effectiveness.

2
In light of our dismissal action, we will not summarize the positions of the parties that filed responsive pleadings.
All pleadings and other documents associated with this case are publicly available in Docket DOT-OST-2022-0008.
3
In the interest of attaining a complete record in this proceeding, we grant all motions and also accept late-filed
pleadings.
ACCORDINGLY,

1. We dismiss, without prejudice, the application of Wizz Air Hungary, Ltd. for an exemption
under 49 U.S.C. § 40109 and a foreign air carrier permit under 49 U.S.C. § 41301 to conduct the
services specified above;

2. We grant all motions for leave to amend and/or file; and

3. We will serve a copy of this order on Wizz Air Hungary, Ltd.; all other parties to this
proceeding; the Embassy of Hungary in Washington, D.C.; the Department of State; and the
Federal Aviation Administration.

By:

BENJAMIN J. TAYLOR
Director
Office of International Aviation

(SEAL)

An electronic version of this document is available on the World Wide Web at:
http://www.regulations.gov