OST-1998-3361 - Airbus - France-US Cargo Charters

OST-1998-3361 - Airbus Transport - France-US Cargo Charters

http://www.airbus.com/en/services/airtransport/

OST-1998-3363 - Foreign Permit Application

Airbus Transport International S.N.C. (Foreign Air Carrier Permit, Exemption, Emergency Exemption)

OST-98-3361 | January 22, 1998

Application for an Exemption

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ATI requests an exemption authorizing it to engage in on-demand charter foreign air transportation of property and mail between a point or points in France and a point or points in the United States of America, via intermediate and beyond points. Such authority will be exercised pursuant to Part 212 of the Department's Economic Regulations. ATI will operate its services with A300-600ST Super Transporter equipment from its existing fleet or aircraft to be acquired in the future.

Counsel: Hogan Hartson, E. Tazwell Ellett, 202-637-8644

Airbus Transport International S.N.C. (Exemption)

OST-98-3361 | OST-98-3363 | February 4, 1998

Answer of Continental Micronesia

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Continental Micronesia has been trying to secure French approval to begin new Guam-Noumea (New Caledonia) service for which the Department awarded authority on October 15, but France has yet to take any action on Continental Micronesia's application or indicate that it will approve it. Continental Micronesia is surprised that Airbus Transport would seek expedited authority to provide comprehensive charter service between the U.S. and points throughout France when France has delayed action on a U.S. carrier's application to offer service between Guam and Noumea, a market in which no French airline offers any service, when a French territory would gain significant trade and tourism benefits. The Department should not grant Airbus Transport's extrabilateral request for broad charter authority before France approves Continental Micronesia's Noumea application.

Counsel: Crowell Moring, Bruce Keiner, 202-624-2615

Answer of Northwest Airlines

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For some time, Northwest has been seeking the opportunity to serve France on a code-share basis with KLM Royal Dutch Airlines. Although the Department has granted the requisite authorizations, the Government of France has refused to permit Northwest's proposed code-share service. The need for DOT caution is especially present because U.S.-France aviation rights are governed by principles of comity and reciprocity, rather than a bilateral agreement, and the French have been slow to negotiate a new agreement. The Government of France should not be rewarded in the fashion proposed for its intransigence in the negotiating arena.

Counsel: Northwest, Megan Rae Poldy, 202-842-3193

Notice Shortening Answer Period

Notice Shortening Answer Period

OST-98-3361 | February 3, 1998

Notice

On January 22, 1998, Airbus Transport International s.n.c. filed two exemption requests with the Department, one under 49 U.S.C. 41301 to permit it to conduct charter foreign air transportation of property and mail between France and the United States and other charters. We will require that answers to Airbus' application in Docket OST-98-3361 be filed no later than close of business Wednesday, February 4, 1998. Replies shall be due by 3 p.m., Thursday, February 5, 1998.

By: Paul Gretch

Airbus Transport International S.N.C.

OST-98-3363 | OST-98-3361 | February 5, 1998

Consolidated Reply of Air Transport

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CMI's and Northwest's arguments do not demonstrate that comity and reciprocity between the U.S. and France is insufficient to award the requested permit and exemption authorities to ATI. Such comity and reciprocity was recognized by the Department in March, June, September and October of 1997, and still exists. In addition, grant of the requested authority will increase the benefits available to consumers, while denial will force a delay in NASA's VentureStar space shuttle production schedule and will leave consumers with no access to the unique capabilities of the A300-600ST aircraft, and with a severely limited choice for transportation of outsized cargo.

Counsel: Hogan Hartson, E. Tazewell Ellet, 202.637.6945

Airbus Transport International s.n.c. (ATI) - (Notice of Action Taken)

OST-98-3363 | OST-98-3361 | Filed January 22, 1998 | Action Taken February 5, 1998

Notice of Action

In Docket OST-98-3362 - Exemption from 40109(g) to operate one one-wayemergency cabotage cargo charter flight between New Orleans, LA, and Palmdale, CA, using its A300-600ST aircraft, on or about February 9, 1998, on behalf of Lockheed Martin Michoud Space Systemsto transport one outsized X-33 VentureStar liquid oxygen tank to be installed on NASA's VentureStarspace shuttle.

In Docket OST-98-3361 - Exemption from 49 U.S.C. 41301 to permit it to conduct charter foreign airtransportation of property and mail between France and the United States and other charters pursuant to14 CFR 212 of the Department's regulations. APPROVED IN PART, REMAINDER DEFERRED

Applicant representative: E. Tazewell Ellett 202.637.8644

Airbus Transport Internaitonal S.N.C.

OST-98-3361 | OST-98-3363 | February 17, 1998

Supplement Number One to Answer of Continental Micronesia

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Attachment A | Attachment B

Counsel: Crowell Moring, Bruce Keiner, 202-624-2615

Airbus Transport International

OST-98-3361 | OST-98-3363 | June 26, 1998

Re: Withdrawal of Objection by Continental Micronesia

Counsel: Crowell Moring, Bruce Keiner, 202-624-2500

Airbus Transport International s.n.c. (ATI) - (Notice of Action Taken)

OST-98-3361 | Filed January 22, 1998 | Action Taken July 13, 1998

Notice of Action

Exemption from 49 U.S.C. 41301 to conduct charter foreign air transportation of property and mail between France and the United States via intermediate points and beyond, and other charters pursuant to 14 CFR 212 of the Department's regulations.

Applicant Rep.: Tazewell Ellett, 202.637.8644

Airbus Transport International

OST-98-3361	July 13, 2000	Application for Renewal of Exemption	U.S.- France Cargo Charter
		Attachment: Certification
		Exhibit 1: Information Required
		Exhibit 2: Orders
		Service List

ATI currently holds exemption authority to conduct charter foreign air transportation of property and mail between France and the United States via intermediate points and beyond, and to conduct other charters pursuant to 14 C.F.R. Part 212.

Since the Department granted ATI exemption authority two years ago, ATI has used the unique lift capabilities of its Beluga aircraft to provide beneficial services on behalf of shippers of outsized cargo to and from the United States. For example, ATI has: (1) delivered major components of the International Space Station to the National Aeronautics and Space Administration, (2) timely delivered critical parts and assemblies for repairing aircraft that are used in domestic and foreign air transportation in the United States, and (3) facilitated the movement of other cargoes that. have furthered the industrial, scientific, and defense ties between the United States and Europe.

Counsel: Hogan Hartson, E. Tazewell Ellet, 202.637.6945, etellett@hhlaw.com

Airbus Transport International s.n.c. (ATI)

OST-98-3361

Filed July 13, 2000
Issued August 8, 2000

Notice of Action Taken

U.S.- France Cargo Charter

By: Paul Gretch

Airbus Transport International SNC

OST-98-3361

August 6, 2002

Application for Renewal of Exemption Authority

U.S.- France All Cargo Foreign Air Transportation

Granting this renewal application also is in the public interest because ATI plays a unique and very important role in the worldwide transportation of outsized cargo. Each of ATI's Airbus A300 Super Transport aircraft (nicknamed "Beluga" aircraft because each aircraft's shape resembles that of a whale) has an exceptionally large cargo capacity. N In fact, no carrier in the world offers an aircraft with a larger outsized-cargo capacity. Even the Antonov AN-124 cargo aircraft being operated by Russian and Ukrainian carriers offers less capacity than the Beluga.

Counsel: Hogan Hartson, Ronald Brower, 202.637.8644, rpbrower@hhlaw.com

Airbus Transport International SNC

OST-98-3361

Filed August 6, 2002
Issued August 23, 2002

Notice of Action Taken

U.S.- France All Cargo Foreign Air Transportation

Renew exemption from 49 U.S.C. 41301 to conduct charter foreign air transportation of property and mail between France and the United States via intermediate points and beyond; and other charters pursuant to 14 CFR 212 of the Department's regulations.

By: Paul Gretch

OST-98-3361 - Exemption - France-US Cargo Charters

August 23, 2004

Application for Renewal of Exemption Authority

Requests that the Department renew the carrier's exemption authority for an additional two years, or until it is granted a foreign air carrier permit, so that it may continue conducting charter foreign air transportation of property and mail between France and the United States via intermediate points and beyond, and so that it may continue conducting other charters pursuant to 14 C.F.R. Part 212.

ATI plays a unique and very important role in the worldwide transportation of outsized cargo. Each of ATI' s Airbus A300 Super Transport aircraft (nicknamed "Beluga" aircraft because each aircraft's shape resembles that of a whale) has an exceptionally large cargo capacity. In fact, no carrier in the world offers an aircraft with a larger outsized-cargo capacity.

Counsel: Hogan Hartson, Ronald Brower, 202.637.8644, rpbrower@hhlaw.com

OST-98-3361 - US-France via Intermediate Points

Filed August 23, 2004 | Issued November 19, 2004

Notice of Action Taken

Renewal of exemption from 49 U.S.C. § 41301 to permit the applicant to continue to conduct charter foreign air transportation of property and mail between France and the United States via intermediate points and beyond; and other charters pursuant to 14 C.F.R. § 212 of the Department’s regulations.

By: Paul Gretch

OST-1998-3361 - US-France via Intermediate Points

November 16, 2006

Application for Renewal and Amendment of Exemption

By this application, ATI requests that its exemption authority be renewed and amended for an additional two-year period, or until its application for permit authority is granted, whichever occurs earlier (filed in Docket OST-1998-3363 on January 22, 1998). ATI specifically requests that its exemption authority be amended to permit ATI to conduct cargo charter flights to the full extent permitted by an agreement to amend the U.S.-France Air Transport Agreement reached in 2002, which includes seventh freedom cargo rights. Thus, upon approval of this application, ATI's renewed/amended exemption would permit ATI to conduct charter foreign air transportation of property and mail between the United States and any point or points, and other charters pursuant to 14 C.F.R. Part 212.

Counsel: Hogan & Hartson, Tazewell Ellett, 202-637-8644, etellett@hhlaw.com

OST-1998-3361 - US-France via Intermediate Points

Filed November 16, 2006 | Issued December 6, 2006

Notice of Action Taken

Renew ATI's existing exemption authority to engage in charter foreign air transportation of property and mail between France and the United States via intermediate points and beyond; and other charters pursuant to 14 C.F.R. Part 212 of the Department's regulation.

Amend existing exemption authority to authorize ATI to engage in chatter foreign air transportation of property and mail between the United States and any point or points.

By: Paul Gretch