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Updated: Tuesday, June 21, 2011 9:07 AM


Arik Air

http://www.arikair.com/


OST-2005-23460 - Virgin Nigeria - Nigeria-US
Undocketed - Virgin Atlantic and Virgin Nigeria - Pending
OST-2007-27184 - Bellview Airlines - Nigeria-US Permit


Arik Air Limited

OST-2007-0029 - Exemption - Nigeria-US Wet-Lease

October 29, 2007

Application for Exemption Authority - Bookmarked - 10 MB

Motion for Confidential Treatment

the requested exemption would authorize Arik Air to provide nonstop scheduled air transportation of persons, cargo and mail three times per week between Lagos, Nigeria and ________, United States, with all flights being operated under wet lease by an appropriately-qualified U.S. or foreign air carrier using its crew and Airbus A-340-500 aircraft configured at 282 seats. Arik Air is in the process of selecting a wet-lease operator, but, as of the date of this application, no wet-lease agreement has been finalized. Arik Air respectfully requests that the scheduled service authority be granted for a period of two years, from January 15, 2008 through January 15, 2010.

Arik Air's planned nonstop scheduled services to ________, United States will begin with the initial flight departing Lagos no earlier than January 15, 2008. Arik Air will notify the Department once the start date has been finalized. Arik Air will offer three Lagos, Nigeria-________, United States roundtrip flights per week, using wet-leased A340-500 wide-body aircraft configured in two-class seating (228 Economy, 54 Premium). The flights will depart Lagos, Nigeria at 11:00 p.m., arriving ________, United States at 7:10 a.m. the following morning, then departing the United States at 10:10 a.m., arriving Lagos, Nigeria at 5:00 a.m. the following morning (all times are local and approximate, depending on the aircraft ultimately chosen for the route). This pattern will permit ample on-line connections at Lagos in both directions, and interline connections in both directions for ________, United States passengers.

Arik Air is a relatively new Nigerian airline and the vision of Sir J.I.A. Arumemi-Ikhide, a leading and well-respected Nigerian businessman. Following the liquidation of Nigerian Airways Limited beginning in 2002, Sir Arumemi-Ikhide acquired several corporate jet aircraft for business use within Nigeria. Shortly thereafter, he found that his contacts within the gas and oil industry were anxious to use his aircraft for reliable domestic flights within the country. Sir Arumemi-Ikhide then set out to find the best people and the best aircraft to build an airline that would set new standards and change the face of the aviation industry in Nigeria - an airline that 'Nigeria and the rest of the world would be proud to fly'. On April 3, 2006, Arik Air took possession of the former Nigeria Airways Limited facilities in Lagos and major reconstruction work began immediately. At present Arik Air has a fleet of sixteen aircraft serving points in Nigeria. On April 26, 2007, Arik Air and Boeing announced that Arik Air had placed a $1.5 billion order for three 787-9, two 777-200LR, and two 777-300ER long-range, wide-body aircraft on the occasion of Arik Air's taking delivery of two new 737-700 aircraft.

Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com



OST-2007-0029 - Exemption - Nigeria-US Wet-Lease

Filed October 29, 2007 | Issued April 4, 2008

Notice of Action Taken

Exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between Lagos, Nigeria, and a specified U.S. point, using aircraft wet leased from an appropriately qualified U.S. or foreign air carrier.

On October 29, 2007, the applicant filed in this Docket a motion under the provisions of 14 CFR §302.12 requesting confidential treatment of the details of its financial projections and future business plans, as well as of the specific U.S. point it proposed to serve. No answers were filed to Arik’s motion. Good cause having been shown, we will grant this request.

The applicant states that the introduction of its services will result in a near-term annual change in fuel consumption exceeding 10 million gallons. Under the provisions of the Energy Policy and Conservation Act of 1975 and 14 CFR Part 313 of our rules, we have considered the matter of Arik’s anticipated fuel consumption along with the other public interest factors we consider in taking action in a proceeding of this kind. We find, in the circumstances presented, that in view of our obligations under 49 U.S.C. 40105 to act consistently with international agreements (in this case, the U.S.-Nigeria Air Transport Agreement), and the public benefits that will be derived from Arik’s services, approval of the request notwithstanding the anticipated level of fuel consumption is warranted.

By: Paul Gretch




OST-1995-236 - Warsaw Liability Limitations

October 15, 2009

Re: Warsaw Agreement

Counsel: Wiley Rein, Edward Faberman, 202-719-7402


OST-1998-3304 - Family Assistance Plans

October 15, 2009

Re: Family Assistance Plan

Counsel: Wiley Rein, Edward Faberman, 202-719-7402



OST-1998-3305 - Passenger Manifest Information Plans

October 23, 2009

Re: Passenger Manifest Plan

Counsel: Wiley Rein, Edward Faberman, 202-719-7402



OST-2007-0029 - Exemption - Nigeria-US Wet-Lease
OST-2002-12556 - Designation of Agent for Service

October 28, 2009

Re: Designation of Agent

Counsel: Wiley Rein, Edward Faberman, 202-719-7402



OST-2007-0029 - Exemption - Nigeria-US Wet-Lease

January 7, 2010

Application for Renewal of Exemption Authority

Arik Air hereby applies for renewal of its exemption from 49 USC § 41301 authorizing Arik Air to provide scheduled nonstop air transportation of persons, property and mail between Lagos, Nigeria, and a specified United States point on a wet-lease basis, granted by Notice of Action Taken dated April 4, 2008. This exemption authority is for a two-year period, expiring on April 4, 2010. Arik Air requests a renewal for an additional two years.

Counsel: Wiley Rein, Edward Faberman, 202-719-7402



OST-2002-12556 - Designation of Agent for Service

September 23, 2010

Designation of Agent

Counsel: Eckert Seamans, Evelyn Sahr



OST-2010-0279 - Exemption and Foreign Air Carrier Permit - Lagos-Houston/JFK

November 11, 2010

Application for a Foreign Air Carrier Permit and Exemption - Bookmarked

Motion to Withhold Information from Public Disclosure

Arik Air, a carrier of the Federal Republic of Nigeria, files this Application for an exemption and a foreign air carrier permit to provide scheduled air transportation of persons, property and mail between Nigeria and the United States. Arik Air currently operates from Lagos, Nigeria to the John F. Kennedy International Airport in New York on a wet-lease basis with Hi Fly Transportes Aereos, S.A. In mid-2011, Arik Air intends to institute service three times weekly on a non-wetlease basis from Lagos, Nigeria to both Houston and JFK.

In mid-2011, Arik Air intends to institute service three times weekly on a non-wetlease basis with Airbus A340 or A330 aircraft from Lagos, Nigeria to both IAH and JFK.

Arik Air currently holds exemption authority to provide scheduled nonstop air transportation of persons, property and mail between Lagos, Nigeria and a specific US point, using aircraft wet leased from an appropriately qualified US or foreign air carrier (See Notice of Action Taken on April 4, 2008 in docket OST-2007-0029, timely application for renewal filed January 7, 2010).

Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6600



OST-2010-0279 - Exemption and Foreign Air Carrier Permit - Lagos-Houston/JFK

December 3, 2010

Answer of City of Houston and Greater Houston Partnership

The City of Houston and the Greater Houston Partnership respectfully submit this answer in support of the applications of Arik Air for authority to operate service between Houston and Lagos, Nigeria. The Houston Parties strongly support Arik Air’s applications, and urge that they be granted promptly so that Arik can begin its preparations for the new flights. Houston currently lacks nonstop scheduled service to Africa, and Arik’s proposed service would be an important first step towards satisfying this key need.

Counsel: Zuckert Scoutt, Rachel Trinder, 202-973-7927



OST-2010-0279 - Exemption and Foreign Air Carrier Permit - Lagos-Houston/JFK

February 24, 2011

Answer of SH&E to Application of Arik Air

SH&E, the world’s largest consulting firm dedicated exclusively to the aviation industry, respectfully submits that the Department should carefully scrutinize Arik Air Ltd.’s ability to meet the Department’s standards to hold foreign air carrier authority, due to the failure of its corporate parent, Arik Air International Ltd. to pay significant outstanding professional fees and expenses owed to SH&E, which call into question Arik Air’s financial fitness. In light of these issues, SH&E contends that granting Arik Air foreign air carrier authority would be adverse to the public interest.

Counsel: Pillsbury Winthrop, Kenneth Quinn, 202-663-8000



OST-2010-0279 - Exemption and Foreign Air Carrier Permit - Lagos-Houston/JFK

March 1, 2011

Reply of Arik Air to SH&E Motion and Answer

On November, 11, 2010, Arik Air filed the instant application for an exemption and a foreign air carrier permit to provide scheduled air transportation of persons, property and mail between Nigeria and the United States. Answers to the exemption and permit authority were due on November 26,2010 and December 3,2010 respectively. SIi&E's answer was filed eighty-three days or nearly three months late.

The alleged private contractual matters that SH&E raise in their filing, by SH&E's own admission, arose between February and August 2010, well before the date of their Answer. SH&E was aware of all these facts prior to the Department's answer deadlines and there is no reason or excuse for this significantly late answer to be accepted by the Department for filing. This is a clear abuse of DOT process and procedures. SH&E oifers no reason why they have filed eighty-three days late. SH&E has not even attempted to show "good cause" and merely states that "this response will not unduly delay the proceedings." In point of fact this late-filed unauthorized answer only serves to delay this proceeding, to the detriment of Arik Air. No answers were timely filed to Arik Air's application and Arik Air complied with all Departmental requirements. Any delay in issuance of this authority will significantly impact Arik's proposed operations and should not be allowed.

Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6600



Order 2011-3-29
OST-2010-0279 - Exemption and Foreign Air Carrier Permit - Lagos-Houston/JFK

Issued and Served March 24, 2011

Order Granting Exemptino and to Show Cause

We grant the request of Arik Air Limited for an exemption under 49 USC §40109 to permit it to engage in scheduled foreign air transportation of persons, property and mail from points behind Nigeria, via Nigeria and intermediate points, to a point or points in the United States and beyond.

With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch



Order 2011-6-17
OST-2010-0279 - Exemption and Foreign Air Carrier Permit - Lagos-Houston/JFK

Issued April 15, 2011 | Served June 17, 2011

Final Order

By Order 2011-3-29, issued March 24, 2011, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch


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