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OST-2010-0279 - Arik Air - Lagos, Nigeria-Houston/New York JFK Scheduled Passenger
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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 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.
Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6600 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
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
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 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 Issued April 15, 2011 | Served June 17, 2011 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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