OST-2002-12017 - TNT Airways - Belgium-US All-Cargo Service

OST-2002-12017 - TNT Airways - Belgium-US All-Cargo

http://www.tnt.com

OST-2004-18639 - Foreign Air Carrier Permit - Belgium-US All-Cargo

TNT Airways S.A.

OST-02-12017	April 1, 2002	Application for Exemption and Intermodal Authority	U.S.- Belgium All Cargo Service
		Exhibit 1: Information Supplied Pursuant to Departments Regulations
		Exhibit 2: Management
		Exhibit 3: License
		Exhibit 4: Financial Data
		Service List

(1) scheduled foreign air transportation of property and mail from points behind Belgium via Belgium and intermediate points to a point or points in the United States and beyond, (2) charter foreign air transportation of property and mail between any point or points in Belgium, via intermediate points, and any point or points in the United States and beyond, and (3) charter foreign air transportation of property and mail between the United States and third countries subject to 14 C.F.R. Part 212. The carrier also requests, pursuant to 14 C.F.R. Part 222, a statement of authorization to conduct intermodal cargo services between any U.S. point (as authorized by the requested exemption authority) and any other U.S. point.

TNT Airways is a Belgian flag carrier headquartered at the Liege, Belgium airport, its primary hub and home of the TNT European Express Center, which provides a transport and logistics base for affiliated companies. The airline was founded in July 1999 and today operates a fleet of 11 BAe-146 and 4 A-300B4F aircraft to provide cargo and express service at 53 European airports. The company's ultimate parent is TNT Post Group N.V., a Dutch company listed on the Amsterdam, Frankfurt, London, and New York stock exchanges with 2001 revenues of Euro 11.21 billion (approximately US$9.9 billion). TPG is a global provider of mail, express and logistics services and formed TNT Airways primarily to ensure safe, reliable and cost-effective air service for various TPG companies. TPG now seeks to make this same type of service available to U.S. customers, including those of its existing U.S. operations, such as Jacksonville, Florida-based TNT Logistics North America.

TNT Airways plans to use this authority initially to operate weekly, scheduled or non-scheduled, all-cargo service between Liege, Belgium and New York, New York via Reykjavik, Iceland, utilizing A-300B4F aircraft.

Counsel: Verner Liipfert, John Meitus, 202.371.6000

TNT Airways S.A.

OST-02-12017

Filed April 1, 2002
Issued July 17, 20002

Notice of Action Taken

U.S.- Belgium

Exemption from 49 U.S.C. § 41301 to engage in (1) scheduled foreign air transportation of property and mail from points behind Belgium via Belgium and intermediate points to a point or points in the United States and beyond; (2) all-cargo charters between any point or points in Belgium, via intermediate points, and any point or points in the United States, and beyond; and (3) other all-cargo charters subject to Part 212 of the Department's rules.

TNT Airways is financially and operationally qualified to perform the services authorized above. However, we are unable to find that TNT Airways is substantially owned and effectively controlled by Belgian nationals. Specifically, the applicant states that it is owned by two Dutch companies: Gelders Spetra International B.V. (0.1%) and TNT Post Groep N.V. (99.9%).' In spite of the fact that we are unable to find that TNT Airways is substantially owned and effectively controlled by homeland nationals, we find it appropriate to waive our ownership and control requirements. The carrier is properly licensed and designated by the Government of Belgium to perform the proposed services, and there is no evidence on the record which would suggest that the ownership of the carrier would be inimical to U.S. aviation policy or interests. By memorandum dated July 15, 2002, the FAA advised us that it knows of no reason why we should act unfavorably on TNT Airways application.

By: Paul Gretch

OST-02-12017 - Exemption - Belgium-US All-Cargo Service

July 13, 2004

Application for Renewal of an Exemption

TNT is a duly licensed air carrier of Belgium that is engaged in providing all-cargo and express service at 62 airports services within Europe and charter passenger service to several Mediterranean destinations. In July 2002, the Department granted TNT exemption authority to provide scheduled foreign air transportation of property and mail from points behind Belgium via Belgium and intermediate points to a point or points in the United States and beyond, and all-cargo charters.

Since the filing of its original application for exemption authority in this docket, TNT Airways received authority from the Belgian CAA to operate charter passenger services, but TNT has not requested authority from the U.S. to operate passenger services.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

OST-02-12017 - Exemption - Belgium-US All-Cargo Service

Filed July 13, 2004 | Issued August 26, 2004

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to engage in (1) scheduled foreign air transportation of property and mail from points behind Belgium via Belgium and intermediate points to a point or points in the United States and beyond; (2) all-cargo charters between any point or points in Belgium, via intermediate points, and any point or points in the United States, and beyond; and (3) other all-cargo charters subject to Part 212 of the Department’s rules.

By: Paul Gretch

OST-2002-12017 - Exemption - Belgium-US All-Cargo Service

July 24, 2006

Application for Renewal of an Exemption

TNT hereby submits this application to renew an exemption authorizing TNT to engage in scheduled foreign air transportation of property and mail from points behind Belgium via Belgium and intermediate points to a point or points in the United States and beyond, and all-cargo charters.

In August 2004, the Department renewed TNT's exemption authority to engage in 1) scheduled foreign air transportation of property and mail from points behind Belgium via Belgium and intermediate points to a point or points in the United States and beyond; 2) all-cargo charters between any point or points in Belgium, via intermediate points, and any point or points in the United States, and beyond; 3) and other all-cargo charters.

TNT previously was granted a statement of authorization under 14 C.F.R. Part 222 of the Department's regulations to conduct intermodal cargo services between any US. point and any other U.S. point, for an indefinite period. Notice of Action Taken dated July 17, 2002.

TNT requests that the Department renew this exemption authority for a period of two years, or until the granting of its foreign air carrier permit, whichever comes first.

See Application of TNT for a Foreign Air Carrier Permit pending in Docket OST-2004-18639. TNT is concurrently filing a Motion for Immediate Action on its pending foreign air carrier permit application requesting that the Department act in accordance with the Department's Notice dated August 23, 2005, In the Matter of Streamlining Regulatory Procedures For Licensing, US. and Foreign Air Carriers. Docket OST-2005-22228.

Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

OST-2002-12017 - Exemption - Belgium-US All-Cargo Service

Filed July 24, 2006 | Issued November 8, 2006

Notice of Action Taken

Renewal of exemption from 49 USC § 41301 to engage in (1) scheduled foreign air transportation of property and mail from points behind Belgium via Belgium and intermediate points to a point or points in the United States and beyond; (2) all-cargo charters between any point or points in Belgium, via intermediate points, and any point or points in the United States, and beyond; and (3) other all-cargo charters subject to Part 212 of the Department's rules.

By: Paul Gretch