Order 01-12-10

Order 01-12-10

Air 2000 Limited

Order 01-12-10
OST-01-11181

Issued December 17, 2001
Served December 17, 2001

Order Granting Request

Microsoft Word File

Fifth Freedom Passenger Charter Flights

Granting a request by Air 2000 Limited, a foreign air carrier of the United Kingdom, for a statement of authorization under 14 CFR Part 212 to perform a series of Fifth Freedom passenger charter flights.

While we sympathize with the current plight of U.S. carriers, including NACA members, we must not overlook the needs and concerns of the other parties affected by our decision, notably, the tour operator and the members of the traveling public. In that regard, we note the Department's longstanding policy has been to give charterers the maximum flexibility possible to choose the airline services which best meet their needs. Apple has shown on the record why respecting its choice here will ultimately redound to the benefit of the public. Against this background, we see no persuasive basis that would cause us to intrude, on public interest grounds, on Apple's choice of Air 2000. Nor, as here, where a foreign carrier's Fifth Freedom charter application otherwise warrants approval under our public interest criteria, would we alter our longstanding policy against affording U.S. carriers "first refusal" privileges or regarding as in any way dispositive the availability of U.S. carrier lift to conduct the operations.

By: Read Van de Water