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OST-2003-14630 - PrivatAir - Germany-US Executive Charters
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PrivatAir GmbH OST-2003-14630 - Exemption - Germany-US Executive Charters March 4, 2003 PrivatAir requests an exemption to engage in foreign charter air transportation of persons, property and mail between any point or points in Germany on the one hand and any point or points in the United States on the other hand, either directly or via intermediate points in other countries, with or without stopovers, and beyond, and any other charters pursuant to Part 212 of the Department's regulations, as necessary. PrivatAir plans to commence passenger charter services to the U.S. in April 2003 between points in the Eastern U.S. and Germany. For its proposed services to the U.S., PrivatAir intends to use Boeing aircraft in business jet configuration. PrivatAir is a start-up airline with an application pending before the LBA for its initial operating authority. PrivatAir intends to conduct international charter operations with a fleet of Boeing aircraft. PrivatAir will provide VIP charters to a range of clients including large corporations and other air carriers. PrivatAir will commence operations to the United States with a Boeing 737-700IGW aircraft. The aircraft will initially be registered in Switzerland under registration mark HB-IIQ but will be transferred to the German aircraft registry no later than April 1, 2004. The PrivatAir Boeing 737-7001GW is specially configured for corporate charters. It has a capacity of up to 46 passengers and a top range of 4,000 nautical miles. PrivatAir-100: Stuttgart Certified Commercial Register Counsel: Zuckert Scoutt, Malcom Benge, 202-298-8660
June 12, 2003 Supplement No. 1 to Application for an Exemption PrivatAir GmbH hereby files this Supplement No. 1 to its Application filed with the Department on March 4, 2003 requesting an exemption to engage in charter foreign air transportation of persons, property and mail between the United States and Germany. PrivatAir is filing this Supplement No. 1 in order to furnish the Department with a copy of its operating license issued by the Luftfahrt Bundesamt of Germany. A copy of PrivatAir's operating license, issued in both German and English language versions, is attached hereto as Exhibit PrivatAir700. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com
February 11, 2004 Amendment to the Application for Exemption Authority Hereby amends its application in this docket for an exemption to perform U.S.-Germany charter foreign air transportation in two respects. First, PrivatAir reduces the scope of the requested charter authority to limit it to providing aircraft with crews on a wet lease basis for services operated by Lufthansa German Airlines. Second, PrivatAir adds a request for a Statement of Authorization, pursuant to Part 212 of the Department's regulations, to wet lease aircraft with crews for the operation of Lufthansa's U.S. services and to display the designator code of United Air Lines on wet lease flights where Lufthansa and United have been authorized to codeshare. PrivatAir also updates the information as to the company's management personnel as follows. Since the filing of the initial application in this docket, the Swiss parent company has appointed Isabelle de Melo, a German citizen, as the sole Managing Director. Messrs. Thomas, Kinson, and Randle are no longer directors of PrivatAir GmbH, although they continue in their executive positions as described in the initial application. The applicant in this docket is a German company formed as a wholly-owned subsidiary of the Swiss company, PrivatAir S.A. The Swiss parent company has been granted exemption authority to operate in charter foreign air transportation between the U.S. and Switzerland and to operate other charters pursuant to 14 CFR 212 of the Department's regulations. (See Notice of Action Taken, February 20, 2003; Docket OST-2001-8859). The parent airline currently provides aircraft on a wet lease basis for the operation of regularly scheduled Lufthansa flights between points in Germany and Chicago and Newark. The Department has also authorized PrivatAir S.A. and Lufthansa to display the designator code of United Air Lines on such flights. (Action on Application, February 13, 2003; Docket OST-2003-14357). This application, as amended, simply requests authority for the German subsidiary company to perform the same operations that are already authorized by the Department and being provided by the Swiss parent company. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com
March 8, 2004 Hereby moves the Department for leave to amend, to the extent necessary, its application for U.S.-Germany charter exemption authority by requesting deferral of a portion thereof. By amendment dated February 11, 2004, PrivatAir requested authority for a Part 212 statement of authorization in order (i) to wet lease aircraft for the operation of certain Lufthansa services to the U.S. and (ii) to display the designator code of United Air Lines on wet lease flights where Lufthansa and United has been authorized to codeshare. PrivatAir hereby requests that the Department defer action only on that portion of its Part 212 application that concerns authorization to display the "UA" designator code. PrivatAir is working with United to confirm that it has performed the codeshare partner audit necessary for the approval of any codeshare request involving a U.S. carrier. Once the codeshare audit has been verified, PrivatAir will notify the Department and request that it approve that part of its Part 212 application that concerns the display of the "UA" designator code. In the meantime, PrivatAir respectfully urges that the Department authorize the balance of its Part 212 request, i.e., its wet lease arrangement with Lufthansa, at the earliest possible date. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com
Filed March 4, 2003, as Amended February 11, 2004 | Issued March 11, 2004 Exemption from 49 USC section 41301, and Statement of Authorization under 14 CFR Part 212, to permit the applicant to conduct charter operations, carrying persons, property and mail, as follows: between any point or points in Germany on the one hand and any point or points in the United States on the other hand, either directly or via intermediate points in third countries, with or without stopovers, and beyond. The applicant proposes to conduct these operations only by wetleasing its aircraft with crews to Lufthansa German Airlines. Also, the applicant proposes on certain of these wetlease operations to Lufthansa, to display the designator code of United Air Lines in markets where Lufthansa and United hold authority to codeshare. The authority we are granting is encompassed by the United States-Germany Air Transport Agreement, as amended. We found, based on the record in this case, that the applicant is properly designated and licensed, and operationally and financially qualified to undertake its proposed operations. The record indicates that the applicant is owned by citizens of Switzerland (majority ownership) and Greece, and that its control substantially rests with citizens of Germany. Despite the presence of certain non-homeland interests, we found, given the highly limited nature of the operations contemplated, that there was nothing in the ownership and control of the carrier that would be inimical to U.S. aviation policy or interests. Therefore, we concluded that waiver of our standard requirement that substantial ownership and effective control of a foreign carrier rest in the hands of citizens of its homeland was warranted. Finally, the FAA advised us that it knows of no reason to withhold this authority. In the conduct of the above-authorized operations, the applicant may only operate by wetlease of aircraft and crews to Lufthansa German Airlines (and may not carry the code of United Air Lines or any other carrier, except Lufthansa). On March 8, 2004, PrivatAir filed a motion requesting the Department to defer action on that latter portion of its request, pending confirmation that the requisite codeshare audit of the applicant has been completed by United. We grant the motion. By: Paul Gretch
September 22, 2004 Pursuant to Section 302.11 of the Department's Rules of Practice, PrivatAir GmbH hereby moves for the approval by the Department of its pending request in this docket to display the designator code of United Air Lines on certain wet lease flights operated by PrivatAir on behalf of Lufthansa German Airlines. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com
Filed March 4, 2004 | Amended February 11, 2004 | Motion Filed September 22, 2004 | Issued October 4, 2004 PrivatAir holds an exemption from 49 USC section 41301 , and a statement of authorization under 14 CFR Part 212, granted by Notice of Action Taken in this Docket on March 11 , 2004, to permit it to conduct charter operations between Germany and the United States, either directly or via intermediate points in third countries, with or without stopovers, and beyond, conducting these operations only by wetleasing its aircraft with crews to Lufthansa German Airlines. By: Paul Gretch
February 28, 2005 Application for Renewal of Exemption PTG currently holds an exemption to provide (i) charter foreign air transportation of persons, property and mail between any point in Switzerland and any point or points in the United States, either directly or via intermediate points, with or without stopovers, and beyond and (ii) any other charters pursuant to 14 C.F.R. Part 212 of the Department's regulations. The authority granted under its existing exemption is limited to operations which PTG conducts on a wet-lease basis on behalf of Lufthansa. PTG's current authority includes a Part 212 statement of authorization to provide aircraft and crews to Lufthansa pursuant to a long-term wet-lease. Notice of Action Taken (March 11, 2004). PTG currently operates long-term wet-lease services for Lufthansa on the following routes: (i) Dusseldorf-Newark-Dusseldorf and (ii) Dusseldorf-Chicago-Dusseldorf. PTG's statement of authorization to display the "UA" designator code was granted on October 4, 2004. As it has not been in effect for 180 days or more, it is not eligible for "rollover" under Part 377 of the Department's regulations. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com
Filed February 28, 2005 | Issued March 10, 2005 Exemption from 49 USC section 4 130 1, and a statement of authorization under 14 CFR Part 2 12, to permit applicant to continue to conduct charter operations between Germany and the United States, either directly or via intermediate points in third countries, with or without stopovers, and beyond, conducting these operations only by wetleasing its aircraft with crews to Lufthansa German Airlines. On certain of these U.S. wet-lease operations to Lufthansa, the applicant displays the designator code of United Air Lines in markets where Lufthansa and United hold authority to codeshare. By: Paul Gretch
February 23, 2006 Application for Renewal of Exemption PTG currently holds an exemption to provide (i) charter foreign air transportation of persons, property and mail between any point in Germany and any point or points in the United States, either directly or via intermediate points in third countries, with or without stopovers, and beyond and (ii) any other charters pursuant to 14 C.F.R. Part 212 of the Department's regulations. The authority granted under its existing exemption is limited to operations which PTG conducts on a wetlease basis on behalf of Lufthansa. PTG's current authority includes a Part 212 statement of authorization to provide aircraft and crews to Lufthansa pursuant to a long-term wetlease. PTG operates long-term wetlease services for Lufthansa on the following routes: (i) Dusseldorf-Newark-Dusseldorf and (ii) Dusseldorf-Chicago-Dusseldorf. PTG's operating authority to the U.S. expires on March 11, 2006. PTG requests renewal for a two-year period of its (i) U.S. exemption authority, (ii) Part 212 wet lease authorization for the flights it conducts on behalf of Lufthansa and (iii) Part 212 code share authorization to display the "UN' code on the Lufthansa wet lease flights. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com
OST-2003-14630 - Statement of Authorization - Germany-US Charters Filed February 23, 2006 | Issued July 6, 2006 Renewal of exemption from 49 U.S.C. § 41301 and statement of authorization under 14 CFR Part 212, to permit the applicant to continue to conduct charter operations between Germany and the United States, either directly or via intermediate points in third countries, with or without stopovers, and beyond, conducting these operations only by wet-leasing its aircraft with crews to Lufthansa German Airlines. On certain of these U.S. wet-lease operations to Lufthansa, the applicant displays the designator code of United Air Lines in markets where Lufthansa and United hold authority to codeshare. By: Paul Gretch
July 6, 2007 Application for Renewal of Exemption PrivatAir GmbH hereby requests renewal of its existing exemption authority to engage in charter foreign air transportation of persons, property and mail as more fully described below. Additionally, PrivatAir requests renewal of (i) its existing Part 212 statement of authorization to wet lease aircraft for certain operations on behalf of Lufthansa German Airlines and (ii) its current Part 212 statement of authorization to display the designator code of United Air Lines in markets where United and Lufthansa hold authority to codeshare. PTG's operating authority to the US expires on July 6, 2007. PTG requests renewal of its US exemption authority, Part 212 wet lease authorization and Part 212 codeshare authorization for a two-yaer period, until July 6, 2009. Counsel: Zucket Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com
Filed July 6, 2007 | Issued April 8, 2008 Renew exemption from 49 U.S.C. § 41301 and statement of authorization under 14 CFR Part 212, to permit the applicant to continue to conduct charter operations between Germany and the United States, either directly or via intermediate points in third countries, with or without stopovers, and beyond, conducting these operations only by wetleasing its aircraft with crews to Lufthansa German Airlines. On certain of these U.S. wetlease operations to Lufthansa, the applicant displays the designator code of United Air Lines in markets where Lufthansa and United hold authority to codeshare. By: Paul Gretch |
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