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OST-2006-23542 - FlyGlobespan - UK-US Scheduled Passenger
OST-2006-23543 - FlyGlobespan - Foreign Air Carrier Permit
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Globespan Airways Limited d/b/a FlyGlobespan OST-2006-23542 - Exemption - UK-US Scheduled Passenger January 4, 2006 Globespan Airways Limited d/b/a Flyglobespan hereby applies for an exemption from 49 U.S.C. § 41301 to authorize Flyglobespan to engage in (i) scheduled foreign air transportation of persons, property and mail between any point or points in the United States and any point or points in the United Kingdom excluding London's Heathrow and Gatwick airports, and (ii) charter foreign air transportation of persons, property and mail pursuant to the U.S.-U.K. Air Services Agreement and Part 212 of the Department's Economic Regulations. Flyglobespan plans to commence operations between the United Kingdom and the United States as early as May 1, 2006, providing scheduled combination service between Glasgow, Scotland and Orlando (Sanford), Florida. Simultaneously with the filing of this application, Flyglobespan is filing a foreign air carrier permit application with accompanying exhibits. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com
OST-2006-23542 - Exemption - UK-US Scheduled Passenger January 11, 2006 Joint Answer of American Airlines and United Air Lines Hereby jointly answer in opposition to the captioned applications submitted on January 4, 2006 by Globespan Airways Limited d/b/a Flyglobespan for exemption and permit authority to serve between the United States and the United Kingdom (except London Heathrow and London Gatwick). Action on Flyglobespan's applications should be deferred until the Government of the United Kingdom ends the discriminatory fuel rationing scheme imposed by BAA plc at Heathrow Airport following the Buncefield oil depot fire on December 11, 2005. American and United do not dispute the temporary need for fuel rationing at Heathrow as a result of the Buncefield fire and the ensuing fuel shortage while pipeline repairs are made and alternative delivery methods are arranged. However, the action taken by BAA is blatantly discriminatory against American and United - the two U.S. carriers serving Heathrow in direct violation of Article 11, paragraph 1 of the United States-United Kingdom Air Transport Agreement (Bermuda 2). Under BAA's rationing scheme, so‑called "base" carriers at Heathrow, including British Airways and Virgin Atlantic, are provided 82% of their fuel requirements for longhaul services, while so‑called "visiting" carriers at Heathrow, including American and United, are provided only 70% of their fuel requirements for long‑haul services. This disparity has required American and United to tanker in extra fuel to Heathrow on their transatlantic flights from the United States, resulting in additional fuel expenses of approximately $20,000 per day for American and approximately $15,000 per day for United. That is because each gallon of fuel tankered across the Atlantic by aircraft requires approximately one‑third of a gallon in extra fuel burn. Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-2006-23542 - Exemption - UK-US Scheduled Passenger January 23, 2006 Reply of FlyGlobespan to Joint Answer By joint answer filed January 11, 2006, American Airlines, Inc. and United Air Lines, Inc. requested that the Department defer action on Flyglobespan’s applications, alleging that fuel rationing as recently implemented by BAA plc at Heathrow Airport constitutes a violation of the United Kingdom’s bilateral obligations. It is clear American and United have seized the opportunity to target Flyglobespan’s applications in an attempt to gain leverage in a Heathrow-specific dispute between private parties. Were the Department to elevate this matter to a bilateral issue, it would set an unwise precedent whereby U.S. carriers would not hesitate to complain to the Department about even the most trivial perceived slights in international business matters. The Department should discourage, not encourage, such misuse of its processes. The Government of the United Kingdom has not violated the bilateral agreement, and any dispute between American, United and BAA plc is a private matter. Flyglobespan urges that the Department deny American and United’s request to defer action on Flyglobespan’s applications and process the applications as contemplated under the U.S.-U.K. bilateral agreement. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com
Filed January 4, 2006 | Approved April 13, 2006 Exemption from 49 USC § 40109 to engage in: 1) scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in the United Kingdom, excluding London's Heathrow and Gatwick airports; and (2) charter foreign air transportation of persons, property, and mail in accordance with 14 CFR Part 212 of the Department's economic regulations. The applicant requests that the exemption authority it seeks be granted for a term of one year. By: Paul Gretch
OST-2006-23542 - Exemption - UK-US Scheduled Passenger November 20, 2006 Application for Amended Authority Flyglobespan seeks an amendment to its existing exemption and pending permit authority to operate scheduled combination service between any point or points in the United States and any point or points in the United Kingdom, excluding London's Heathrow and Gatwick airports, via intermediate points. Beginning Spring 2007, Flyglobespan intends to operate scheduled flights between Liverpool and New York and between Glasgow and Boston. Flyglobespan plans for these flights to operate via Knock, Ireland approximately three to six times per week with the remaining frequencies operating nonstop between Liverpool and New York and between Glasgow and Boston. Currently there is no service between the U.S. and Ireland West Airport in Knock, and Flyglobespan's service would thus offer an additional Irish destination to the U.S. traveling public on a nonstop basis. Pursuant to its existing exemption authority, Flyglobespan currently operates daily combination service between Glasgow and Orlando (Sanford), Florida. Flyglobespan intends to continue this service on a year-round basis, with reduced frequencies during the winter season. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com
December 4, 2006 Support of:
December 5, 2006 Support of:
OST-2006-23542 - Exemption - UK-US Scheduled Passenger December 12, 2006 Re: Confirmation Letter for Amended Authority This letter is to confirm that the application for amended authority submitted by Globespan Airways Limited d/b/a in the above-referenced dockets is to obtain DOT authorization to serve the intermediate point Ireland West Airport in Knock, Republic of Ireland, over three city pairs, Glasgow-New York, Glasgow-Boston, and Liverpool-New York. This proposed service is consistent with the designations on Route 1 received by Flyglobespan, which are included in the application. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3070
Filed November 20, 2006 | Supplemented December 12, 2006 | Issued December 13, 2006 Amend exemption from 49 USC § 41301 previously granted in this Docket to authorize the applicant to conduct scheduled foreign air transportation of persons, property and mail over the following routings: (1) Liverpool, England-Knock, Republic of Ireland-New York, New York; (2) Glasgow, Scotland-Knock, Republic of Ireland-New York, New York; and (3) Glasgow, Scotland-Knock, Republic of Ireland-Boston, Massachusetts. By Notice of Action Taken dated April 13, 2006, in this Docket, we granted Flyglobespan's request for exemption authority to conduct scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in the United Kingdom, excluding London's Heathrow and Gatwick airports; and charter foreign air transportation of persons, property and mail in accordance with 14 CFR Part 212 of the Department's regulations. By: Paul Gretch
April 12, 2007 Application for Renewal of Exemption Authority Flyglobespan hereby applies for renewal of its exemption authority to engage in (1) scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in the United Kingdom, excluding London's Heathrow and Gatwick airports, and (2) charter foreign air transportation of persons, property, and mail in accordance with 14 CFR Part 212 of the Department's economic regulations. The authority for which renewal is requested was initially granted by Notice of Action Taken dated April 13, 2006. Flyglobespan requests that this authority, otherwise scheduled to terminate on April 13, 2007, be renewed for an additional one-year period Additionally, with respect to the exemption authority granted to Flyglobespan by NOAT dated December 13, 2006 for operations between (1) Liverpool, England-Knock, Republic of Ireland-New York, New York, (2) Glasgow, Scotland-Knock, Republic of Ireland-New York, New York, and (3) Glasgow, Scotland-Knock, Republic of Ireland-Boston, Massachusetts, Flyglobespan requests that the Department extend such authority from its current expiration of December 13, 2007 to coincide with the termination date of the renewed US-UK authority described at the outset of this application. Harmonization of the termination dates of Flyglobespan's exemption authorities will reduce the frequency of renewal applications pending issuance of a foreign air carrier permit to Flyglobespan, thus streamlining the Department's and Flyglobespan's processes and promoting administrative efficiency. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com Filed April 12, 2007 | Issued May 4, 2007 Renew for one year exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in the United Kingdom, excluding London’s Heathrow and Gatwick airports; and charter foreign air transportation of persons, property, and mail in accordance with 14 CFR Part 212 of the Department’s regulations. Extend to be coextensive with the renewal requested above, exemption granted by Notice of Action Taken in this Docket dated December 13, 2006, to authorize the applicant to conduct scheduled foreign air transportation of persons, property and mail over the following routings: (1) Liverpool, England - Knock, Republic of Ireland - New York, New York; (2) Glasgow, Scotland - Knock, Republic of Ireland-New York, New York; and (3) Glasgow, Scotland - Knock, Republic of Ireland - Boston, Massachusetts. By: Paul Gretch
Filed April 12, 2007 | Issued May 4, 2007 Notice of Action Taken - Corrected Copy Renew for one year exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in the United Kingdom, excluding London’s Heathrow and Gatwick airports; and charter foreign air transportation of persons, property, and mail in accordance with 14 CFR Part 212 of the Department’s regulations. Extend to be coextensive with the renewal requested above, exemption granted by Notice of Action Taken in this Docket dated December 13, 2006, to authorize the applicant to conduct scheduled foreign air transportation of persons, property and mail over the following routings: (1) Liverpool, England - Knock, Republic of Ireland - New York, New York; (2) Glasgow, Scotland - Knock, Republic of Ireland-New York, New York; and (3) Glasgow, Scotland - Knock, Republic of Ireland - Boston, Massachusetts. By: Paul Gretch
April 29, 2008 Application for Renewal and Amendment of Exemption Authority - Bookmarked Hereby applies for renewal of its exemption authority to (i) engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in the United Kingdom, excluding London’s Heathrow and Gatwick airports; and charter foreign air transportation of persons, property, and mail in accordance with 14 CFR Part 212 of the Department’s regulations, and (ii) conduct scheduled foreign air transportation of persons, property and mail over the following routings: (1) Liverpool, England – Knock, Republic of Ireland – New York, New York; (2) Glasgow, Scotland – Knock, Republic of Ireland – New York, New York; and (3) Glasgow, Scotland – Knock, Republic of Ireland – Boston, Massachusetts. Flyglobespan further requests an amendment to its exemption authority to the full extent authorized by the Air Transport Agreement Between the United States and the European Community and the Member States of the European Community. Flyglobespan was initially granted exemption authority to operate between any point or points in the United States and any point or points in the UK, excluding London's Heathrow and Gatwick airports, by Notice of Action Taken on April 13, 2006 and renewed on May 4, 2007 in this docket. DOT granted an amendment to this exemption authorizing Flyglobespan to conduct operations via Knock, Ireland on December 13, 2006; this amended authority was extended to coincide with the expiry of the US-UK authority by Notice of Action Taken on May 4, 2007. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com
Filed April 29, 2008 | Issued May 30, 2008 Renewal of exemption authority under 49 USC §40109 to engage in: (1) scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in the United Kingdom, excluding London’s Heathrow and Gatwick Airports; and charter foreign air transportation of persons, property, and mail in accordance with 14 CFR Part 212 of the Department’s regulations, and (2) conduct scheduled foreign air transportation of persons, property, and mail over the following routings: (i) Liverpool, England- Knock, Republic of Ireland-New York, New York; (ii) Glasgow, Scotland- Knock, Republic of Ireland- New York, New York; and (iii) Glasgow, Scotland- Knock, Republic of Ireland-Boston, Massachusetts. Flyglobespan also requests amendment of that exemption authority to allow the carrier to engage in: (a) foreign scheduled and charter air transportation of persons, property and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; (b) foreign scheduled and charter air transportation of persons, property and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area; (c) foreign scheduled and charter cargo air transportation between any point or points in the United States and any other point or points; (d) other charters pursuant to the prior approval requirements set forth in the Department’s regulations governing charters; and (e) transportation authorized by any additional rights made available to European Community carriers in the future. The carrier’s request for renewal of its authority under the U.S.-UK Air Services Agreement is now moot, with the provisional application of the U.S.-EU Agreement on March 30, 2008. We are granting Flyglobespan the authority it has requested under the U.S.-EU Agreement, and will dismiss the remainder of its request for exemption authority. By: Paul Gretch |
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