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Updated: Thursday, May 8, 2008 8:24 AM


ACM Air Charter Luftfahrtgesellschaft mbH

http://www.acm-air-charter.de/


ACM Air Charter Luftfahrtgesellschaft mbH

OST-2006-24190 - Foreign Air Carrier Permit - Germany-US Executive Charters

March 14, 2006

Application for an Exemption and a Foreign Air Carrier Permit - Bookmarked

ACM AIR CHARTER hereby applies for an exemption and a foreign air carrier permit authorizing ACM AIR CHARTER to provide the following service using small aircraft:

  • charter foreign air transportation of persons, property and mail between any point or points in Germany and any point or points in the United States; and between any point or points in the United States and any point or points in a third country or countries, provided that, except with cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Germany for the purpose of carrying local traffic between Germany and the United States.
  • other charters between third countries and the United States in accordance with 14 C.F.R. Part 212.

Specifically, ACM AIR CHARTER requests that the Department promptly issue a single Order under the show cause procedures described in the Streamlined Licensing Procedures Notice (a) granting the requested exemption authority for a period of two years, or until the effective date of ACM AIR CHARTERS final foreign air carrier permit, whichever occurs earlier, and (b) tentatively awarding the corresponding foreign air carrier permit. As soon as possible thereafter, ACM AIR CHARTER requests that the Department issue a Final Order granting the Company its foreign air carrier permit for a period of indefinite duration.

ACM AIR CHARTER's fleet consists of the following aircraft: 

Type of aircraft

Registration

Serial number

Year

Cessna Citation 650

D-CNCJ

650-7102

1999

Cessna Citation 750

D-BTEN

750-0085

1999

Cessna Citation 750

D-BLUE

750-0140

2001

Challenger 604

D-ASTS

5378

1998

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com

http://www.acm-air-charter.de/


OST-2006-24192 - Exemption - Germany-US

March 14, 2006

Application for an Exemption and a Foreign Air Carrier Permit

ACM AIR CHARTER hereby applies for an exemption and a foreign air carrier permit authorizing ACM AIR CHARTER to provide the following service using small aircraft:

  • charter foreign air transportation of persons, property and mail between any point or points in Germany and any point or points in the United States; and between any point or points in the United States and any point or points in a third country or countries, provided that, except with cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Germany for the purpose of carrying local traffic between Germany and the United States.
  • other charters between third countries and the United States in accordance with 14 C.F.R. Part 212.

Specifically, ACM AIR CHARTER requests that the Department promptly issue a single Order under the show cause procedures described in the Streamlined Licensing Procedures Notice (a) granting the requested exemption authority for a period of two years, or until the effective date of ACM AIR CHARTERS final foreign air carrier permit, whichever occurs earlier, and (b) tentatively awarding the corresponding foreign air carrier permit. As soon as possible thereafter, ACM AIR CHARTER requests that the Department issue a Final Order granting the Company its foreign air carrier permit for a period of indefinite duration.

ACM AIR CHARTER's fleet consists of the following aircraft: 

Type of aircraft

Registration

Serial number

Year

Cessna Citation 650

D-CNCJ

650-7102

1999

Cessna Citation 750

D-BTEN

750-0085

1999

Cessna Citation 750

D-BLUE

750-0140

2001

Challenger 604

D-ASTS

5378

1998

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com

http://www.acm-air-charter.de/


OST-2006-24190 - Foreign Air Carrier Permit

March 14, 2006

Motion for Confidential Treatment

The financial information contained in Exhibit F satisfies each element of the Exemption 4 statutory test. First, the information is commercial and, on its face, financial in nature. Second, the information has been obtained from ACM AIR CHARTER, a privately-held corporation based in Germany, which meets the definition of a “person.” Third, the information is confidential.

Disclosure of this information would cause substantial competitive harm to ACM AIR CHARTER in that its competitors, customers and other third-parties would gain access to sensitive financial and business information about the Company, thereby placing it at a competitive disadvantage. Moreover, the Department's disclosure of this type of confidential financial information would undoubtedly impair the ability of the Department to obtain such information in the future.

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com


OST-1995-236 - Warsaw Liability Limitations

March 14, 2006

Warsaw Agreement

Counsel: AMC, Hannelohre Kuhl-Minninger


Order 2006-7-6
OST-2006-24190 - Foreign Air Carrier Permit - Germany-US Executive Passenger Charters
OST-2006-24192 - Exemption - Germany-US Executive Passenger Charters

Issued and Served July 7, 2006

Order Granting Exemption and To Show Cause

By applications filed March 14, 2006, ACM Air Charter Luftfahrtgesellschaft mbH, a foreign air carrier of Germany, requests an initial exemption under 49 U.S.C. §40109, and a foreign air carrier permit under 49 U.S.C. §41301, to engage in charter foreign air transportation of persons, property, and mail, using small aircraft (1) between any point or points in Germany and any point or points in the United States; (2) between any point or points in the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Germany for the purpose of carrying local traffic between Germany and the United States; and (3) between third countries and the United States in accordance with 14 CFR Part 212. The applicant requests that the exemption authority it seeks be granted for a term of at least two years.

By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the foreign air carrier permit.

By: Paul Gretch


Order 2006-9-27
OST-2006-24190 - Foreign Air Carrier Permit - Germany-US Executive Passenger Charters

Issued July 31, 2006 | Served September 29, 2006

Final Order | Word

By Order 2006-7-6, issued July 7, 2006, 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.

We make final our findings and conclusions as stated in Order 2006-7-6 and award to ACM Air Charter Luftfahrtgesellschaft mbH the foreign air carrier permit.

By: Paul Gretch


OST-2006-24190 - Foreign Air Carrier Permit - Germany-US Executive Passenger Charters

November 19, 2007

Application for an Exemption and an Amended Foreign Air Carrier Permit

Motion for Confidential Treatment

ACM AIR CHARTER hereby applies for an exemption and an amended foreign air carrier permit authorizing ACM AIR CHARTER to conduct the following services using small aircraft, in addition to the charter services authorized under its existing foreign air carrier permit, as of March 30, 2008: 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 EU 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 air transportation of cargo 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 the Department's regulations governing charters; and e) charter transportation authorized by any additional route rights made available to European Community carriers in the future, to the extent permitted by ACM AIR CHARTER'S homeland license on file with the Department.

ACM AIR CHARTER requests that the Department grant this application well prior to March 30,2008 under the show-cause procedures described in the Streamlined Licensing Procedures Notice. ACM AIR CHARTER specifically requests prompt issuance of an order (a) granting exemption authority (i) to accept payment and enter into charter contracts in anticipation of the March 30, 2008 effective date of the EU-U.S. open-skies agreement, and (ii) to commence charter flight operations under the agreement effective on that date; and (b) tentatively granting the amended foreign air carrier permit covering the EU-U.S. open-skies charter services described in this application.

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com



Order 2008-2-15
OST-2006-24190 - Foreign Air Carrier Permit - Germany-US Executive Passenger Charters

Issued and Served February 12, 2008

Order Granting Exemption and to Show Cause

By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit.

By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit: 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 air transportation of cargo 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 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.

We grant the request of ACM Air Charter Luftfahrtgesellschaft mbH for confidential treatment of its financial submissions.

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 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 2008-5-8
OST-2006-24190 - Foreign Air Carrier Permit - Germany-US Executive Passenger Charters

Issued March 6, 2008 | Served May 7, 2008

Final Order

By Order 2008-2-15, issued February 12, 2008, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended 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 were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would 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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