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OST-1997-2676 - AVIATECA - Guatemala-US
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OST-1997-2676 - Exemption - Guatemala-US
July 2, 1997
Aviateca is requesting full authority as provided for in the "Open Skies" Air Transport Agreement signed by the United States and Guatemala on May 8, 1997.
Answers are due by July 17, 1997
Counsel: Mullenholz Brimsek, John Brimsek, 202-296-8000
November 4, 1997
Exemption from 49 U.S.C. 41301 to conduct: (1) scheduled foreign air transportation of persons, property and mail from points behind Guatemala, via Guatemala and intermediate points, to any point or points in the United States, and beyond; and (2) scheduled all-cargo operations between the United States and any point or points. Additionally, Aviateca requested an exemption to conduct charter foreign air transportation of persons, property and mail between: (1) any point or points in Guatemala and any point or points in the United States; and (2) any point 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 service to Guatemala for the purpose of carrying local traffic between Guatemala and the United States. Aviateca requested that the exemptions be authorized for two years.
The authorities granted above are limited to operations conducted under wet lease by a duly authorized and property supervised U.S. or foreign carrier. Aviateca may not conduct the operations authorized above using its own aircraft and crews without further Department action. However, our action here does not affect Aviateca's Department authorities to conduct operations to the United States as authorized by Notice of Action Taken October 27, 1993, in Docket 46583, Order 92-10-53, in Docket 46945 and Order 90-8-58, in Docket 46582 (those authorities remain effective under the automatic extension provisions of federal law (5 U.S.C. 558(c) as implemented by 14 CFR Part 377.)) Operations under these latter authorities may continue to be conducted by Aviateca using its own aircraft and crews, consistent with the scope of its Operations Specifications issued by the Federal Aviation Administration, and with the Department's "Clarification Concerning Examination of Foreign Air Carriers' Request for Expanded Economic Authority", dated October 23, 1995.
Counsel: John Brimsek, 202-298-8660
| OST-97-2676 | September 2, 1999 | Application for Renewal of Exemption | U.S.- Guatemala |
Aviateca is requesting full authority as provided for in the "Open Skies" Air Transport Agreement signed by the United States and Guatemala on May 8, 1997 and granted by the Department on November 4, 1997. The authority requested is: 1) to perform scheduled international air transportation a)from points behind Guatemala via Guatemala and intermediate points to a point or points in the United States and beyond, b) for all-cargo service or services between the United States and any point or points, and c) all other rights and privileges conferred by Annex I of the Agreement; and 2) to carry international charter traffic of passengers (and their accompanying baggage) and/or cargo (including, but not limited to, freight forwarder, split, and combination (passenger/cargo) charters) with all other rights and privileges conferred by Annex 11 of the Agreement: a) between any point or points in the territory of Guatemala and any point or points in the United States; and b) between any point or points in the territory of 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 service to Guatemala for the purpose of carrying local traffic between Guatemala and the territory of the United States. The existence of the "Open Skies" Air Transport Agreement is in and of itself sufficient to establish that the authority sought is in the public interest as was confirmed by the Department's Notice of Action Taken dated November 4, 1997. Moreover, the Government of Guatemala has routinely granted authority to U.S. carriers through its longstanding adherence to both the principles of comity and reciprocity and the prior liberal Air Transport Agreement.
Counsel: Mullenholz Brimsek, John Brimsek, 202.296.8000
| OST-97-2676 | Filed September 2, 1999 Issued September 30, 1999 |
Notice of Action Taken | U.S.- Guatemala |
By: Paul Gretch
| OST-97-2676 | May 1, 2001 | Application for Renewal of Exemption | U.S.- Guatemala |
| Service List |
Aviateca is requesting full authority as provided for in the "Open Skies" Air Transport Agreement signed bv the United States and Guatemala on Mav 8. 1997 and initially granted by the Department on November 4, 1997 and renewed on September 30, 1999. The authority requested is: 1) to perform scheduled international air transportation a) from points behind Guatemala via Guatemala and intermediate points to a point or points in the United States and beyond, b) for all-cargo service or services between the United States and any point or points, and c) all other rights and privileges conferred by Annex I of the Agreement; and 2) to carry international charter traffic of passengers (and their accompanying baggage) and/or cargo (including, but not limited to, freight forwarder, split, and combination (passenger/cargo) charters) with all other rights and privileges conferred by Annex 11 of the Agreement: a) between any point or points in the territory of Guatemala and any point or points in the United States: and b) between any point or points in the territory of 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 service to Guatemala for the purpose of carrying local traffic between Guatemala and the territory of the United States.
Counsel: Mullenholz Brimsek, John Brimsek, 202.296.8000
| OST-97-2676 | Filed May 1, 2001 Issued August 1, 2001 |
Notice of Action Taken | U.S.- Guatemala |
Exemption from 49 U.S.C. § 41301 to (1) engage in scheduled foreign air transportation of persons, property and mail from points behind Guatemala via Guatemala and intermediate points to a point or points in the United States and beyond; (2) engage in scheduled foreign air transportation of property and mail between the United States and any point or points; and (3) conduct charter foreign air transportation pursuant to the Air Transport Agreement between the United States and Guatemala, and other charters subject to Part 212 of our rules.
By: Paul Gretch
April 22, 2003
Application for Renewal of Exemption
The authority requested is: 1) to perform scheduled international air transportation a) from points behind Guatemala via Guatemala and intermediate points to a point or points in the United States and beyond, b) for all-cargo service or services between the United States and any point or points, and c) all other rights and privileges conferred by Annex I of the Agreement; and 2) to carry international charter traffic of passengers (and their accompanying baggage) and/or cargo (including, but not limited to, freight forwarder, split, and combination (passenger/cargo) charters) with all other rights and privileges conferred by Annex II of the Agreement: a) between any point or points in the territory of Guatemala and any point or points in the United States; and b) between any point or points in the territory of 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 service to Guatemala for the purpose of carrying local traffic between Guatemala and the territory of the United States.
Counsel: Mullenholz Brimsek, John Brimsek, 202-296-8000, jrb@mbblawyers.com
Filed April 22, 2003 | Issued May 29, 2003
Exemption from 49 U.S.C. § 41301 to (1) engage in scheduled foreign air transportation of persons, property and mail from points behind Guatemala via Guatemala and intermediate points to a point or points in the United States and beyond; (2) engage in scheduled foreign air transportation of property and mail between the United States and any point or points; and (3) conduct charter foreign air transportation pursuant to the Air Transport Agreement between the United States and Guatemala, and other charters subject to Part 212 of our rules.
By: Paul Gretch
April 21, 2005
Application for Renewal of Exemption
Hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above- captioned docket to engage in: (i) charter foreign air transportation; (ii) scheduled foreign air transportation of persons, property and mail from points behind Guatemala, via Guatemala and intermediate points to a point or points in the United States and beyond; and (iii) scheduled foreign air transportation of property and mail between the United States and any point or points.
Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
Filed April 21, 2005 | Issued June 8, 2005
Renew exemption from 49 U.S.C. § 41301 to (1) engage in scheduled foreign air transportation of persons, property and mail from points behind Guatemala via Guatemala and intermediate points to a point or points in the United States and beyond; (2) engage in scheduled foreign air transportation of property and mail between the United States and any point or points; and (3) conduct charter foreign air transportation pursuant to the Air Transport Agreement between the United States and Guatemala, and other charters subject to Part 212 of our rules.
By: Paul Gretch
May 24, 2007
Application for Renewal of Exemption
Hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to engage in: (i) charter foreign air transportation; (ii) scheduled foreign air transportation of persons, property and mail from points behind Guatemala, via Guatemala and intermediate points to a point or points in the United States and beyond; and (iii) scheduled foreign air transportation of property and mail between the United States and any point or points.
Aviateca currently holds from the Department authority to operate open skies charter and scheduled combination and all-cargo services, and has held such authority for many years.
Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
Filed May 24, 2007 | Issued August 14, 2007
Renew exemption from 49 U.S.C. 41301 to (1) engage in scheduled foreign air transportation of persons, property and mail from points behind Guatemala, via Guatemala, and intermediate points, to a point or points in the United States and beyond; (2) engage in scheduled foreign air transportation of property and mail between the United States and any point or points; and (3) conduct charter foreign air transportation pursuant to the Air Transport Agreement between the United States and Guatemala, and other charters subject to Part 212 of our rules.
By: Paul Gretch
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