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OST Docket Filings for February 27, 2008
Updated:
| Applications and Renewals:
Air One - EU-US NEOS - EU-US Titan Airways - EU-US Answers and Replies: Aerolineas Argentinas - 215th Escrow Deposit Report EAS at Manistee/Ludington and Ironwood, MI and Ashland, WI - Motion for Extension of Proposal Time of Pacific Wings EAS at Nebraska, Arkansas and Missouri Communities - Extension of Proposal Dates Global Jet Austria - Ownership Remains the Same Global Jet Luxembourg - Ownership Remains the Same M&N Aviation - DOT Letter Regarding Revocation of Commuter Authority Reciprocity Confirmations - Confirmation of Italian Civil Aviation Authority and Luxembourg Civil Aviation Authority TAG Aviation (UK) - Ownership Information Notices of Action Taken: Antonov Airlines - Moffett Field-NASA Shuttle Landing Facility - Emergency Exemption SAP - Dominican Republic-US Permit Renewal - Corrected Copy Notices and Orders: Air Finland - Granting Exemption and to Show Cause (Finland-US Charters and US-EU) |
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February 27, 2008 Re: Two-Hundred-Fifteenth Escrow Deposit Report This is the TWO-HUNDRED-FIFTHTEENTH Escrow Deposit Report for the week ended February 24, 2008. Aerolines made a deposit into the escrow of U.S. $31,018.12 for the week ended February 24, 2008, for a total escrow amount of $5,789,255.95. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com OST-2008-0072 - Foreign Air Carrier Permit - EU-US February 26, 2008 Application for a Foreign Air Carrier Permit - Bookmarked Air One seeks permit authority to provide service between any point or points in the European Union and any point or points in the United States with open intermediate and beyond points, commensurate with the U.S. -E.U. Open Skies Agreement. Air One initially plans to provide service between Milan and Boston (five flights a week, commencing on June 14, 2008), and Milan and Chicago (six flights a week, commencing on June 21, 2008). Continuing service to points within the United States will be offered beyond Boston through US Airways and beyond Chicago through United Airlines, both Air One codeshare partners.' Through this arrangement, Boston flights will continue to Washington DC, Philadelphia, and Phoenix, and Chicago flights will continue to Denver, Los Angeles and Seattle. As of February 2, 2008, Air One operated a fleet of 60 aircraft, consisting of a mix of Boeing 737, Airbus 320 and Bombardier CRJ900 aircraft. Information concerning these aircraft is attached as Exhibit C. Air One is in the process of dramatically increasing and upgrading its fleet. For the Europe‑U.S. service that is the subject of this application, the carrier intends to use A330 aircraft. The company has dry leased (from ILFC) two A330s, and intends to take delivery of one in early March, 2008, and the other in May 2008. The company plans to add four more dry‑leased A330s to its fleet in 2009, and has signed a letter of intent with Airbus for the purchase of twelve A330s for delivery between 2010 and 2012. In addition to these long‑haul aircraft, Air One is in the process of replacing its B737 aircraft with 90 new A320s, which will be used to provide Air One's intra‑Europe services. All aircraft owned or leased by Air One are used exclusively by the carrier. Air One is a citizen of Italy. The carrier is owned 99.77% by AP Holding S.p.A., which in turn is owned 99.99% by Toto S.p.A.; Toto S.p.A. is owned by 98% by Mr. Carlo Toto, an Italian citizen. Neither Mr. Toto nor Toto S.p.A. have any interest in any U.S. carrier. Within the Toto group of companies are other carriers and aviation‑related companies, including Air One Cityliner (which provides short range scheduled service within Italy); Air One Executive (which provides air taxi service); Air One Technic (which provides base maintenance services to Air One); and holding companies organized for the acquisition of Air One's new aircraft. Counsel: Sher & Blackwell, Mark Atwood
OST-2008-0071 - Emergency Exemption - Moffett Field-NASA Shuttle Landing Facility Filed February 25, 2008 | Issued February 26, 2008 Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate one, one-way, all-cargo charter flight from Moffett Field, California, to NASA Shuttle Landing Facility, Florida, during the period February 27-March 3, 2008, using its AN-124 aircraft to transport an outsized commercial satellite and ancillary equipment, on behalf of Space Systems Loral. The applicant stated that failure to deliver the satellite to the Kennedy Space Center as scheduled could jeopardize the scheduled launch slot; that the cargo is too large for transportation on any commercially available U.S. carrier aircraft; and that surface transportation is not feasible due to the highly delicate nature of the satellite and its extremely high value. Specifically, we were persuaded that the need to move the cargo to meet the scheduled satellite launch slot at KSC; the fact that the cargo could not be transported by surface transportation because of its highly delicate nature and extremely high value; and the unique, outsized nature of the cargo, constituted an emergency not arising in the normal course of business. Moreover, based on the representations of the U.S. carriers, we concluded that no U.S. carrier had aircraft available that could be used to conduct the operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to SS/L. By: Michael Reynolds Essential Air Service at Grand Island and McCook, Nebraska, El Doradao/Camden, Harrison, Hot Springs and Jonesboro, Arkansas and Columbia/Jefferson City, Joplin and Kirksville, Missouri OST-2002-13983 - Grand Island, NE February 27, 2008 Re: Extension of Proposal Dates By Order 2008-2-2, February 1, 2008, the Department requested proposals from air carriers interested in providing essential air service at any or all of the above communities for a two-year period beginning when the selected carrier or carriers is ready to inaugurate service. In an email dated February 26, the Chief Operating Office of Hawaii Island Air requested a three-week extension of the due date for filing carrier proposals for all of the communities, from February 29 to March 21. He stated in his email that he needed the additional time to better assess the markets and determine the feasibility of filing a proposal. In response, also by email dated February 26, we requested input from each of the affected communities regarding the carrier's request. Most of the communities support the request, and none objected. Therefore, we will grant the request and extend the due date for carrier proposals from February 29 to March 21. By: Dennis DeVany
Essential Air Service at Manistee/Ludington and Ironwood, Michigan and Ashland, Wisconsin OST-1996-1266 - Ironwood, MI/Ashland, WI February 25, 2008 Motion for Extension of Time to Submit Proposals of Pacific Wings Pacific Wings hereby moves for a 15-day extension of the period set forth in Order 2008-2-12, until March 11, 2008, in order to allow the Department to poll the communities with respect to whether they would entertain service by an air carrier using 9-seat single-engine turboprop aircraft. While Pacific Wings is interested in providing service to these communities, it is reluctant to devote the resotirces necessary to submit a proposal in the absence of an expression from each community of its willingness to be served by aircraft with fewer than 15 seats. The requested extension of time should provide sufficient time for the Department to obtain a written expression of intent from each community and for Pacific Wirgs to submit a proposal should the communities agree to service using 9-seat aircraft. Counsel: Patton Boggs, Gregory Walden, 202-457-6135, gwalden@pattonboggs.com
OST-2008-0012 - Amended Foreign Air Carrier Permit and Exemption - US-EU February 27, 2008 Re: Ownership Remains the Same In response to your inquiry yesterday, I can confirm that the ownership of Global Jet Austria remains the same as that on file with the Department. Counsel: Garofalo Goerlich, Erin Tallardy, 202-776-3970, etallardy@ggh-airlaw.com OST-2008-0013 - Exemption - Luxembourg-US Executive Charters February 27, 2008 Re: Ownership Remains the Same In response to your inquiry yesterday, I can confirm that the ownership of Global Jet Austria remains the same as that on file with the Department. Counsel: Garofalo Goerlich, Erin Tallardy, 202-776-3970, etallardy@ggh-airlaw.com OST-2002-12358 - Puerto Rico Commuter Air Carrier Authority February 21, 2008 Re: DOT Letter Regarding Revocation of Commuter Authority On August 7, 2007, M&N filed an application in Docket OST-2002-12358 to resume operations. In support of its application, the air carrier provided some of the information necessary for us to redetermine its fitness. By letter dated October 29, 2007, the Department requested that M&N provide further and/or clarifying information to enable us to complete our review. We asked that the air carrier respond to our request within 30 days from the date of that letter, that is, by November 27, 2007. To date, we have yet to receive a response from the air carrier. Thus, we intend to proceed with the revocation of M&N's commuter authority for reason of dormancy. By: Aviation Analysis, Lauralyn Remo OST-2008-0075 - Exemption and Foreign Air Carrier Permit - US-EU February 26, 2008 Application for Expedited Exemption and for Foreign Air Carrier Permit - Bookmarked NEOS, an Italian foreign air carrier, hereby applies pursuant to 49 U.S.C. §§ 40109 and 41302, the Department's Rules of Practice and the Department's May 3, 2007 notice in Docket OST-2007-28126, "Expanded Authority for Foreign Air Carriers From the European Union," for grant of an expedited exemption and for a foreign air carrier pemnt to become effective on, or as soon as feasible after, March 30, 2008 authorizing: a) Foreign charter air transportation of persons, property and mail between any point in the United States and any point in the European Common Aviation Area (defined as of April 30, 2007); b) Foreign charter air transportation of persons, property and mail from any point or points bellind any European Union Member State via any point or points in a European Union Member State, and via any intermediate point, to any point or points in the United States and beyond; and c) Any other charters that may be authorized in the future under a U.S.-E.U. Agreement, or pursuant to the prior approval requirements of Part 212 of the Department's economic regulations. NEOS is presently authorized by exemption granted in OST-2006-24835 to operate as a foreign charter air carrier to the full extent now authorized such carriers by the United States-Italy bilateral "Open Skies" Agreement. NEOS' pemut application in Docket OST-2006-24834 remains pending, undecided, before this Department. Counsel: Miller Hamilton, Lester Bridgeman, 251-439-7536 Order 2008-2-33 Issued and Served February 27, 2008 Order Granting Exemption and to Show Cause We grant the request of Oy Air Finland Ltd. for an exemption under 49 U.S.C. §40109 to permit it (1) effective on the issue date of this order, to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008, to commence flight operations, for the services set forth below: a) foreign 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 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 charter cargo air transportation between any point or points in the United States and any point or points; d) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and e) charter transportation authorized by any additional route rights made available to European Community carriers in the future. To the extent not acted upon above, we dismiss the applicant’s request for exemption authority in Docket OST-2008-0022. With respect to the applicant’s request for an amended 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 an amended 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
February 25, 2008 Re: Confirmation of Italian Civil Aviation Authority This letter is to state that the Italian Government, on the basis of redprocrty, will approve requests from US-designated airlines to perform fifth freedom charters, as provided by the Italy/U.S.A. Air Services Agreement signed on 22 June, 1970, as amended by the Protocol signed in Chicago on 6 December, 1999 upon the understanding that the US Government will approve similar requests from the Itafian-designated airlines. By: Emilia Chiavarelli, 39-06-44596400
February 25, 2008 Re: Confirmation of Luxembourg Civil Aviation Authority The Luxembourg Civil Aviation Authority herewith confirms that any air carrier designated by the United States of America will be granted the right to conduct 5th, 6th and 7th (cargo) freedom charter rights to I from the Grand Duchy of Luxembourg Which are in conformity with the Air Transport Agreement between the Government of the Grand Duchy of Luxembourg and the Govemment of the United States of America signed in Luxembourg on August 19, 1986, as amended. By: Claude Waltzing Servicios Aereos Profesionales, S.A. OST-1997-3077- Foreign Air Carrier Permit - Dominican Republic-US Filed January 28, 2008 | Issued February 26, 2008 Notice of Action Taken | Word - Corrected Copies Renew exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons and property between the Dominican Republic and the United States. The applicant requests that the authority be granted for a two-year term. If renewal, date and citation of last actions: (1) August 20, 2007, in this docket, where we removed the condition on SAP’s authority limiting SAP to operations using wet-leased aircraft only, (2) March 5, 2007, in this docket, where we previously granted the underlining economic authority at issue here. By: Paul Gretch OST-2008-0008 - Foreign Air Carrier Permit - US-Europe February 26, 2008 In response to the Department's inquiry, this letter will confirm that 65.88% of TAG Aviation (UK) Ltd is owned by nationals of the European Union. With the exception of one individual, all ofthe ultimate beneficiaries of the Akram Ojjieh Trust, which indirectly owns 46.63% of TAG Aviation (UK) Ltd, hold European Union citizenship. These European beneficiaries represent an indirect ownership of 39.41% of TAG Aviation (UK) Ltd. The 39.41% indirect European ownership ofthe Akram Ojjeh Trust added to the previously established European ownership results in a total of 65.88% of TAG Aviation (UK) Ltd being ovvned by nationals of the European Union. Counsel: Garofalo Goerlich, Garo Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com OST-2008-0074 - Exemption and Foreign Air Carrier Permit - US-EU February 26, 2008 Application for a Foreign Air Carrier Permit and Exemption Authority - Bookmarked Titan Airways Limited requests that the Department issue a foreign air carrier permit and corresponding exemption authority and such additional or other relief as the Department may deem necessary or appropriate, to the full extent authorized by the Air Transport Agreement Between the United States and the European Community and the Member States of the European Community to enable it to engage in: a) foreign 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 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 charter cargo air transportation between any point or points in the United States and any other point or points; d) other charters pursuant to the prior approval requirements set forth in Part 212 ofthe Department's Economic Regulations; and e) transportation authorized by any additional route rights made available to European Community carriers in the future. Titan currently operates to the United States pursuant to its exemption authority that was initially issued by Notice of Action Taken on July 14, 2004 in Docket OST-2004-17916 and most recently renewed on August 2, 2007. Counsel: Garofalo Goerlich, Don Hainbach, 202-776-3970, dhainbach@ggh-airlaw.com |
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