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OST-2005-21841 - Comlux Aviation - Permit - Switzerland-US Executive Charters
OST-2005-21842 - Exemption - Switzerland-US Executive Charters
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Comlux Aviation AG OST-2005-21841 - Foreign Air Carrier Permit - Switzerland-US Executive Charters July 12, 2005 Application for a Foreign Air Carrier Permit - Bookmarked Comlux is a start-up Swiss executive air transport company that operates two executive-configuration business jets: one Bombardier Challenger 604 and one Dassault Falcon 2000EX EASy. Comlux intends to add another Challenger 604 and an Embraer EMB-135BJ "Legacy" to its fleet later this year, and additional jet aircraft in 2006. Comlux plans to use these aircraft to provide executive charter service between points in Europe and destinations worldwide. In order to hold out and conduct on-demand executive charter air services to and from the United States, Comlux hereby applies for a foreign air carrier permit. Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com
July 12, 2005 Motion for Confidential Treatment Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com
January 10, 2006 Re: Information Response as Requested by the DOT In response to the Department's request, Comlux Aviation AG hereby updates the referenced docket with information regarding recent ownership/control and corporate changes pertaining to Comlux. In addition, Comlux is submitting an updated Air Operator Certificate issued by the Swiss Federal Office for Civil Aviation. Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com
Order 2006-2-20 Issued and Served February 27, 2006 Order Granting Exemption and to Show Cause By applications filed July 12, 2005, Comlux Aviation AG, a foreign air carrier of Switzerland, requests an initial exemption under 49 U.S.C. §40109, and a foreign air carrier permit under 49 U. S.C. §41301, to engage in charter foreign air transportation of persons, property, and mail, using small aircraft (1) between any point or points in Switzerland and any point or points in the United States; (2) between any point or points in the United States and any point or points in a third country or countries, provided that such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Switzerland for the purpose of carrying local traffic between Switzerland and the United States; and (3) between third countries and the United States in accordance with 14 CFR Part 212. The applicant requests that the exemption authority it seeks be granted for a term of at least two years. No answers were filed to either application. We grant the request of Comlux Aviation AG for an exemption under 49 U.S.C. §40109 to permit it to engage in charter foreign air transportation of persons, property, and mail, using small aircraft (1) between any point or points in Switzerland and any point or points in the United States; (2) between any point or points in the United States and any point or points in a third country or countries, provided that such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Switzerland for the purpose of carrying local traffic between Switzerland and the United States; and (3) between third countries and the United States in accordance with 14 CFR Part 212. In the conduct of these operations, Comlux Aviation AG 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. By: Paul Gretch
Order 2006-5-16 Issued March 21, 2006 | Served May 18, 2006 By Order 2006-2-20, issued February 27, 2006, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a 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 are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will make final the findings and conclusions of the Order. No objections were received within the time period provided. We make final our findings and conclusions as stated in Order 2006-2-20 and award to Comlux Aviation AG the foreign air carrier permit and conditions attached to the Order. By: Paul Gretch
July 24, 2007 Application for an Exemption and Amended Foreign Air Carrier Permit
Comlux Aviation requests that the Department promptly issue a single Order under the show-cause procedures described in the Streamlined Licensing Procedures Notice (a) granting a two-year exemption from the condition in its existing foreign air carrier permit limiting operations to small aircraft; and (b) tentatively awarding an amended foreign air carrier permit with the existing small aircraft limitation removed. As soon as possible thereafter, Comlux Aviation requests that the Department issue a Final Order awarding the Company its amended "large aircraft" foreign air carrier permit for a period of indefinite duration. Comlux Aviation is the launch operator of the A318 Elite, which is Airbus' newest corporate jetliner. The Company recently took delivery of the first of five A318 Elites it has ordered, and plans to make this first airplane available for charter service to and from the United States by the end of this summer. Although this airplane is configured with a maximum of 18 passenger seats, the Department's long-standing policy is to base "large" aircraft determinations on the aircraft's original type design. Accordingly, Comlux Aviation requires immediate relief from the "small" aircraft limitation in its existing foreign air carrier permit in order to commence marketing and subsequently provide its A318 Elite charter services to customers seeking convenient and comfortable air transportation to and from the United States. Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com
Order 2007-9-22 Issued and Served September 20, 2007 Order Granting Exemption and to Show Cause We grant the request of Comlux Aviation AG for an exemption under 49 U.S.C. 40109 to permit it to engage in: (1) charter foreign air transportation of persons, property, and mail between any point or points in Switzerland and any point or points in the United States (including authority to carry charter traffic between the United States and third countries, provided that such charter traffic is carried on a flight that serves Switzerland, for purposes of carrying traffic between the United States and Switzerland); and (2) other charter operations pursuant to 14 CFR Part 212. We grant the request of Comlux Aviation AG for confidential treatment of its financial submissions, consistent with the provisions of 14 CFR 302.12. With respect to the applicant's request for an amended 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, no later than twenty-one calendar days after the date of service of this order, file with the Department and serve on the parties to this proceeding, a statement of objections specifying the part or parts of the tentative findings and conclusions objected to. By: Paul Gretch
Order 2007-12-7 Issued December 12, 2007 | Served December 13, 2007 By Order 2007-9-22, issued September 20, 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 are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will 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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