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OST-2005-21157 - Executive Airlines - Foreign Air Carrier Permit - Spain-US Passenger Charters
http://www.executive-airlines.com/
OST-2005-21158 - Exemption - Spain-US Passenger Charters
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Executive Airlines, S.L. OST-2005-21157 - Foreign Air Carrier Permit - Spain-US Passenger Charters May 3, 2005 Application for a Foreign Air Carrier Permit Executive Airlines, a private aviation company organized under the laws of Spain, provides executive charter service between points in Europe and destinations worldwide. Executive Airlines operates six executive-configuration business jets, including one Falcon 900EX, one Cessna Citation Bravo, two Cessna CJ Is, one Lear Jet 45, and one Hawker 125-700. Due to aircraft range considerations, Executive Airlines initially plans to provide charter service to the United States using only its Falcon 900EX. In order to hold out and conduct its on-demand executive charter air services to and from points in the United States, Executive Airlines hereby applies for a foreign air carrier permit). Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, srisrael@hhlaw.com
May 3, 2005 Motion for Confidential Treatment Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, srisrael@hhlaw.com
Order 2005-8-17 Issued and Served August 23, 2005 Order Granting Exemtion and to Show Cause We grant the request of Executive Airlines, S.L. for an exemption under 49 U.S.C. §40109 to permit it to engage in charter foreign air transportation of persons, property and mail between Spain and the United States, and other charters in accordance with 14 CFR Part 212 of the Department's regulations. In the conduct of these operations, Executive Airlines may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds. With respect to the applicant's request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. By: Paul Gretch
OST-2005-21157 - Foreign Air Carrier Permit - Spain-US Passenger Charters
August 26, 2005 Petition for Review of Staff Action Executive Airlines, Inc. d/b/a American Eagle, under 14 CFR 385.30, hereby petitions for review of staff action with respect to the grant of exemption authority to Executive Airlines, S.L. by Order 2005-8-17, August 23, 2005. The two names, Executive Airlines, Inc. and Executive Airlines, S.L., are virtually identical, and the potential for confusion is self-evident. Both carriers operate - or propose to operate -small aircraft. Executive Airlines, Inc. provides scheduled service, but also engages in charter service, as Executive Airlines, S.L. proposes. Executive Airlines, Inc. objects only to the grant of authority in the name of Executive Airlines, S.L. We do not object to operations by the carrier in another name. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
August 26, 2005 Objections to Show-Cause Order 2005-8-17 Executive Airlines, Inc. d/b/a American Eagle hereby objects to show-cause Order 2005-8-17, August 23, 2005, which tentatively granted a foreign air carrier permit to Executive Airlines, S.L. The two names, Executive Airlines, Inc. and Executive Airlines, S.L., are virtually identical, and the potential for confusion is self-evident. Both carriers operate - or propose to operate -small aircraft. Executive Airlines, Inc. provides scheduled service, but also engages in charter service, as Executive Airlines, S.L. proposes. Executive Airlines, Inc. objects only to the grant of authority in the name of Executive Airlines, S.L. We do not object to operations by the carrier in another name. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-2005-21157 - Foreign Air Carrier Permit - Spain-US Passenger Charters September 7, 2005 Executive Airlines, S.L. hereby submits this answer to the objections and petition for review of staff action filed by Executive Airlines, Inc. d/b/a American Eagle on August 26, 2005 in the captioned dockets. The Objector seeks review of the Department's approval of exemption authority to Executive Airlines, and objects to the Department's proposed issuance of a foreign air carrier permit to the Applicant, solely on the basis of the similarity of names between the Applicant and the Objector. Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com
OST-2005-21157 - Foreign Air Carrier Permit - Spain-US Passenger Charters October 21, 2005 Re: Registration of Trade Name The Company intends to do business as European Executive Airlines within the United States to address name-similarity concerns raised by Executive Airlines, Inc. d/b/a American Eagle. Although the Company believes that American Eagle's concerns regarding name similarity are extremely tenuous, the Company has decided to register and use the trade name European Executive Airlines for its ad hoc U.S. charter flights in order to avoid the costs associated with defending its position. Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, srisrael@hhlaw.com
October 21, 2005 Executive Airlines, Inc. d/b/a American Eagle hereby withdraws its (1) objections to show‑cause Order 2005‑8‑17 and (2) petition for review of staff action, as submitted in the captioned dockets on August 26, 2005. We are taking this action in light of the amended trade name registration submitted today by Executive Airlines, S.L. under 14 CFR Fart 215 to do business as European Executive Airlines within the United States. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
Order 2006-1-4 Issued November 2, 2005 | Served January 10, 2006 By this order we make final our tentative findings and conclusions set forth in Order 2005-8-17, and issue Executive Airlines, S.L. d/b/a European Executive Airlines the foreign air carrier permit contained in the Appendix to this Order. Unless disapproved by the President of the United States under 49 USC § 41307, this order shall become effective on the 61st day after its submission for section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove the Department’s order under that section, whichever occurs earlier. This order was submitted for review under 49 USC §41307 on November 2, 2005. On January 3, 2006, we received notification that the President’s designee, under Executive Order 12597 and implementing regulations, did not intend to disapprove the Department’s Order. By: Paul Gretch
May 14, 2007 Application for an Exemption and Amended Foreign Air Carrier Permit - Bookmarked European Executive is a private aviation company organized under the laws of Spain (an EU Member State) holding a foreign air carrier permit issued by Order 2006-1-4. Its current permit is limited to Spain-U.S. charters and other charters under Part 212, and is valid for a period of five years. On April 30, 2007, a new EU-U.S. Air Transport Agreement was signed. Liberal EU-U.S. open skies route rights become available under that agreement effective March 30, 2008. Thus, by Department Notice dated May 3, 2007 in Docket OST-2007-28126, the Department invited EU carriers to apply for exemption and permit authority to exercise such route rights, stating that applications would be processed on an expedited basis pursuant to the Streamlined Licensing Procedures Notice. Given that European Executive was just recently found fit by the Department and awarded its initial foreign air carrier permit, it would be appropriate for the Department to proceed, without delay, directly to a Final Order issuing an amended EU-U.S. permit, pursuant to 14 C.F.R. § 302.210(a)(2). Counsel: Hogan & Hartson, Shery Israel, 202-637-8898, srisrael@hhlaw.com
May 14, 2007 Motion for Confidential Treatment Counsel: Hogan & Hartson, Shery Israel, 202-637-8898, srisrael@hhlaw.com
Order 2007-7-22 Issued and Served July 30, 2007 Order Granting Exemption and to Show Cause By application filed May 14, 2007, Executive Airlines European Executive Airlines, a foreign air carrier of Spain, requests an initial exemption under 49 U.S.C. §40109, and an amended foreign air carrier permit under 49 U.S.C. §41301, to engage in the following services using small aircraft: a. charter foreign air transportation of persons, property and mail from points behind EU Member States, via the EU Member States and intermediate points to any point or points in the United States and beyond; b. charter foreign air transportation of persons, property and mail between any point or points in the United States and any point or points in the European Common Aviation Area; and; c. other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department's regulations. By: Paul Gretch
Order 2007-10-24 Issued August 21, 2007 | Served October 22, 2007 By Order 2007-7-22, issued July 30, 2007, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order. No objections were received within the time period provided. By: Paul Gretch |
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