OST-98-4351
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OST-98-4351
Alas del Pacifico - (Foreign air Carrier Permit and Exemption for Peru-US All-Cargo)
OST-98-4351 | August 21, 1998
Application for a Foreign Air Carrier Permit
Alas seeks authority to engage in scheduled foreign air transportation of property and mail between Lima, Peru and Miami, Florida nonstop and via intermediate points, and in on and off route charter services as may be authorized pursuant to Part 212 of the Department's regulations. Alas del Pacifico requests the issuance of an initial foreign air carrier permit authorizing it to engage in scheduled service carrying property and mail between the terminal point Lima, Peru and the terminal point Miami, Florida, nonstop and via intermediate points, and on and off route charter foreign air transportation of property and mail between points in Peru and point in the United States, and between points outside Peru to and from the United States subject to Part 212 of the Department's Regulations.
Alas del Pacifico proposes to schedule 3 weekly round trip flights between Lima and Miami using DC8-62 aircraft configured with a maximum of capacity of 90,000 lbs/40.8 tons or 14 pallets. Charter flights would be provided only in response to market demand and subject to the Department's approval as may be required.
Counsel: Lawrence Wasko, 202.862.4370
Alas del Pacifico, S.A.C. (Peru-US)
OST-98-4351 | OST-98-4352 | September 8, 1998
For the reasons set forth in Part I of Fine Air's answer to the similar applications filed by Peruvian carrier Aero Continente in Dockets OST-98-4291 and 4292, Fine Air urges the Department to defer all action on Alas's applications until the Government of Peru lifts the ban on Fine Air services to and from Peru which has now been in place for over three and a half years.
Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000
| OST-98-4351 | September 17, 1998 | Motion for Leave to File an Otherwise Unauthorized Document |
Alas del Pacifico, S.A.C. respectfully requests that the Department of Transportation grant this motion and accept its reply to the answer of Fine Air in Docket OST-98-4351, and that it take such other or further action, consistent with the premises herein, as may be in the public interest.
| OST-98-4351 | September 17, 1998 | Reply of Alas del Pacifico, S.A.C. to Answer of
Fine Air Services, Inc. |
Peru-US All Cargo |  HTML |
The self-serving arguments of Fine Air must be rejected. Denial of Alas del Pacifico's application to serve the United States will not gain access to Peru for Fine Air. Fine Air's private dispute with the Government of Peru, a situation of its own making, must be resolved in some other way. The materials of record establish that Alas del Paeifieo, S.A.C. is fully qualified to operate the services for which it has applied and that it has been properly designated by the Government of Peru under the new bilateral.
Counsel: Lawrence Wasko, Jacquelyn Gluck, 202.862.4370
Aero Continente, S.A.C. / Alas del Pacifico
| OST-98-4291
OST-98-4351 |
September 21, 1998 | Motion for Leave to File and Surreply of Fine Air
Services, Inc. |
Foreign Air Carrier Permit and Exemptions | HTML |
Fine Air again respectfully urges theDepartment to defer all action on the applications of AeroContinente and Alas del Pacifico until such time as the Peruvian Government permits Fine Air to operate services in the U.S.-Peru market.
Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000
| OST-98-4351 OST-98-4352 |
October 5, 1998 | Motion for Leave to File Otherwise Unauthorized Document and
Response to Surreply of Fine Air Services, Inc. |
Peru - U.S. All Cargo |
| Service List |
The evidence of record has established and no party has challenged the fact that Alas del Pacifico is fully qualified to operate the services for which it has applied. Alas del Pacifico has been properly designated under the Air Transport Agreement between the Government of the United States and the Government of Peru ("Bilateral Agreement"), signed on June 10, 1998, which requires each country to grant designated airlines appropriate authorizations and permissions with minimum procedural delay so long as the designated airline is qualified to meet the conditions prescribed under the laws, rules, and regulations normally applied to the operation of international air transportation by the party considering the application.
Counsels: Lawrence Wasko and Jacquelyn Gluck, 202.862.4370
Aero Continente, S.A.C. / Alas del Pacifico
| OST-98-4291 OST-98-4292 OST-98-4351 OST-98-4352 |
October 14, 1998 | Motion for Leave to File and Reply of Fine Air Services, Inc. | Peru-US Cargo |
| Supporting Article: From El Comercio 12/10/97 | |||
| Service List |
In their most recent pleadings, Aero Continente and Alas argue that the Department is precluded from delaying action on Aero Continente's applications by federal law. Aero Continente also argues that, notwithstanding that it and its former chairman have been indicted in connection with drug trafficking charges, no further investigation of its fitness to hold a U.S. Government license is merited. Both arguments are unavailing.
Wilmer Cutler, Jeffrey Shane
Aero Continente, S.A. / Ceilos del Peru, S.A. / Alas del Pacifico, S.A.C.
| OST-98-4291 OST-98-4292 OST-95-617 OST-98-4351 OST-98-4352 |
July 22, 1999 | Notice of Fine Air of Withdrawal of Objection and Rule 4F Motion | Foreign Air Carrier Permit and Exemption Authority Modification and Reissuance of Exemption Authority |
Counsel: Pierre Murphy, 202.872.1679, pmurphy@lopmurphy.com
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