OST-98-4531
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OST-98-4531
| Order 98-10-3 OST-98-4531 |
October 1, 1998 |  Order to Show Cause |
Family Assistance Plan |
| Appendix - Current Department Authority Held By Foreign Air Carriers Failing to File Required Plans Under the Foreign Air Carrier Family Support Act |
In light of this situation, we tentatively find and conclude that the public interest requires that the foreign air carrier permit and/or exemption authority held by these carriers be terminated. Compliance with the Foreign Air Carrier Family Support Act is critical to assure that foreign air carriers serving the United States are prepared to address the needs of families of victims of aviation disasters. The continued failure of a foreign air carrier to file the required plan, particularly in the face of repeated advisories from the Department that it must do so, constitutes, in our tentative view, grounds for termination of that carrier's authority to serve the United States.
By: Charles Hunnicutt
| OST-98-4531 | October 2, 1998 | Response of Translift
Airways Limited |
Order to Show Cause |
| OST-98-4531 | October 2, 1998 | Response of Aerotranscolumbiana
de Carga Ltda. |
Order to Show Cause |
Counsel: Roy Nerenberg, 202.965.7152
| OST-98-4531 | October 6, 1998 | Objections of Nigeria Airways to Show Cause
Order |
Family Assistance Plan |
| Service List |
Since Nigeria Airways has, in fact, filed a Plan with the Department and the NTSB and has agreed that it would follow the Plan if and when it were permitted to reinstitute service to the United States, Nigeria Airways respectfully submits that it would not be in the public interest to revoke Nigeria Airways' foreign air carrier permit. Unlike some of the other carriers that are the subject of Order 98-10-3, which apparently are either no longer in business or no longer conduct any U.S. operations by their own choice, Nigeria Airways continues to provide air transportation and only ceased providing service to the United States because the Department had precluded operations at the Murtala Muhammed Airport. If the Department were to permit operations to resume at the airport' Nigeria Airways would consider resuming operations to the United States in accordance with its foreign air carrier permit.
Counsel: Winthrop Stimson, John Gillick, 202-775-9800
| OST-98-4531 | October 20, 1998 | Objections to Order 98-10-3 of Transportes Aereos
Bolivianos |
Foreign Air Carrier Permits |
Counsel: Bagileo Silverberg, Michael Goldman, 202.944.3305
Family Assistance Plans / Notice to Certian Foreign Air Carriers
| OST-98-4531 | October 21, 1998 | Objection of Garuda Indonesia |
Family Assistance Plans |
Garuda Indonesia, through the undersigned counsel, hereby responds to the Order to Show Cause for Docket OST-98-4531, served October 1, 1998. Garuda Indonesia objects to the proposed action against Garuda in the Order to Show Cause on grounds that t filed the required Family Support Act Plan with the Department earlier today Therefore, Garuda Indonesia respectfully requests that the Department refrain from its proposed action of terminating Garuda Indonesia's foreign air carrier permit.
Counsel: Patton Boggs, Joseph Schmitz
Certain Foreign Air Carriers/Family Assistance Plans
| OST-98-4531 | October 22, 1998 | Statement of Objections of Kar-Air Oy to Order
to Show Cause |
Foreign Air Carrier Permit Revocation |
Kar-Air continues to believe, for the reasons set forth above, that it would be inappropriate for the Department to terminate the operating authority of a foreign air carrier which does not provide service to or from the United States only because it did not file a plan under 49 U.S.C. Section 41313. And it would appear to be inadvisable for the Department to adopt some sort of universal "dormancy" policy, not reflected in a governing bilateral agreement, by which the operating authority of a foreign carrier could be terminated solely because it had ceased operating to or from the U.S. for a period of time. For these reasons, the Department is encouraged to refrain from terminating Kar-Air's foreign air carrier permit in this proceeding -- especially on the basis advanced in Order 98-10-3. At the same time, however, to accommodate the Department, and without conceding wrongdoing in any way, Kar-Air is prepared to surrender its permit authority to the Department if that action an be taken in a way which does not reflect adversely on it or its affiliates.
Counsel: Seeger Potter, John Richardson, 202.496.1234
| OST-98-4531 | October 22, 1998 | Statement of Objections of Seagreen Air Transport
Limited to Order to Show Cause |
In accordance with its desire to fully conform its operations to the requirements of the Department of Transportation and the statutory provisions which the Department seeks to enforce in this proceeding, Seagreen proposes to file its plan under the Foreign Air Carrier Support Act as soon as possible, but no later than November 23, 1998. Seagreen is requesting this short amount of time in which to prepare its plan to ensure that it is complete and that it fully conforms to the requirements of the Act. This additional time will not adversely affect the Department's ability to enforce the requirements of the Act and protect the public welfare, particularly if it is able to submit the plan before the final order is issued in this proceeding. Moreover, Seagreen will not undertake operations under its foreign air carrier permit before an acceptable plan is on file with the Department. Thus, no harm will result from giving Seagreen the opportunity to prepare and submit its plan.
Counsel: Thompson Hine, Peter Greene, 202-973-2705
Family Assistance Plans - Certain Foreign Air Carriers
| OST-98-4531 | October 29, 1998 | Addendum and Exhibit to
Statement of Objection of Seagreen Air Transport to the Order to Show
Cause |
Family Assistance Plan |
| Attachment: Family Assistance Plan |
Seagreen has formulated a comprehensive Disaster Response and Information Plan, which outlines the procedures that are to be followed by its employees and representatives in the event of an aircraft accident.
Counsel: Thompson Hine, Peter Greene, 202-331-8800
| 47126 OST-95-909 OST-98-4531 |
November 3, 1998 | Motion of Jet Air
for Leave to Late-File an Objection and its Objection to Order 98-10-3 |
Family Assistance Plans |
Jet Air operates in the US-Venezuela market pursuant to wet leases with U.S. carriers. It has been doing so for some time. Jet Air does want to come into compliance with the family notification provisions and any other provisions of law that perhaps it has not. Jet Air expects to file its family notification plan by the end of November 1998. In the interim, if, God forbid, an accident should occur, the U.S. carrier wet lessor has such plans already in place so the purposes of the law and regulations would be achieved.
Counsel: Herbert Rosenthal, 202-785-9773
| OST-98-4531 49103 |
November 17, 1998 | Amendment of Cherokee
Air to Foreign Air Carrier Permit |
Bahamas-US Charter - More than 10 Flights per Month |
| Service List |
Cherokee Air, Ltd., d/b/a Cherokee Air, respectfully requests that the Department approve this Amendment to the Cherokee Air Permit authority, authorizing it to engage in on demand charter foreign air transportation, for more than ten (10) flights per month, set forth above, subject to the new Limitation of operating only passenger aircraft with less than sixty (60) seats, and that the Department grant such further, different and additional relief as the Department may deem appropriate.
Counsel: Aviation Professionals, Richard Asper, 954-763-4848
| Order 99-2-5 OST-98-4531 |
Issued January 25, 1999 Served February 10, 1999 |
Order Issuing Amended Foreign Air Carrier Permit |
To Limit Maximum Passenger Capacity for Small Aircraft |
| Appendix: Summary | |||
| Permit (Amended) | |||
| Foreign Air Carrier Conditions of Authority |
In this order we are issuing Cherokee Air, Ltd., a foreign air carrier of the Bahamas, an amended foreign air carrier permit under section 41301 of Title 49 of the U.S. code, to limit, at the carrier's request, its operations to those involving only small aircraft (i.e., aircraft designed to have a maximum passenger capacity of not more than 60 seats or a maximum payload capacity of not more than 18,000 pounds).
By: Charles Hunnicutt
| Order 99-5-14 OST-98-4531 |
Issued April 7, 1999 Served May 26, 1999 |
Final Order |
Foreign Air Carrier Permits |
| Appendix: Foreign Air Carrier Permits and Exemptions Being Terminated in this Proceeding |
By: Bradley Mims
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