TEM Enterprises d/b/a Xtra Airways

OST-2006-23666 - Exemption and Designations - US-Mexico/Costa Rica/Dominican Republic

January 17, 2006

Application for an Exemption and Designations

Xtra hereby requests an exemption from the terms of 49 U.S.C. § 41101 and the Department's rules to the extent necessary to permit it to operate scheduled foreign air transportation of persons, property and mail between the United States and the Republic of Costa Rica, the Dominican Republic and Mexico, as described herein.

The carrier further requests that this exemption be effective for a two-year period, or until the Department has acted upon its application for certificate authority for the markets in question, whichever comes first.

Xtra has today submitted an application for certificate authority for foreign scheduled air transportation that covers the service points requested here. Xtra hereby incorporates by reference the contents of the certificate application. The carrier requests that it be granted exemption authority for scheduled foreign air transportation of persons, property and mail between any point or points in the United States, on the one hand, and any point or points in the Republic of Costa Rica and the Dominican Republic, on the other, and also between Memphis, Atlanta and Orlando, on the one hand, and Cancun, Mexico, on the other. Xtra requests that these points be made coterminal points. An illustrative service proposal is attached hereto.

Xtra further requests designations by the United States for the scheduled passenger service described above, as provided in the Air Transport Services Agreements in place with Costa Rica and the Dominican Republic, and the ad referendum agreement with Mexico signed December 12, 2005. The requested services are entirely consistent with the terms of those agreements.

The carrier is in the process of obtaining foreign governmental authority for this service, and wishes to begin the operation as soon as all such authority has been secured. Thus, we request that expeditious consideration be given to this application. Undersigned counsel will poll the persons on the attached service list, and requests that answers, if any, be filed by January 27, 2006.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2500

OST-2006-23664 - Certificate of Public Convenience and Necessity - Foreign Air Transportation - US-Mexico/Costa Rica/Dominican Republic
OST-2006-23666 - Exemption and Designations - US-Mexico/Costa Rica/Dominican Republic

February 24, 2006

Service Clarification

This letter will serve to clarify Xtra Airways' exact intentions as to the requested authority and proposed service covered in the referenced applications. The carrier has requested authority to operate scheduled foreign air transportation of persons, property and mail between any point or point in the United States and any point or points in Costa Rica and the Dominican Republic, and between Memphis, Orlando and Atlanta, on the one hand, and Cancun, Mexico, on the other. It asked that these points be made coterminal points. Xtra also submitted an illustrative service proposal showing the approximate schedule that it anticipates operating, at least initially.

Though the carrier expects to operate its services between the indicated U.S. points and each foreign point on a point-to-point round-trip basis, as shown in the service proposal, it requests the flexibility to serve the foreign points on a coterminal basis as needed. The carrier understands that such services will be permitted only to the extent they are consistent with the applicable air transport services agreements, and may not include local traffic rights.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513

OST-2006-23666 - Exemption and Designations - US-Mexico/Costa Rica/Dominican Republic

Filed January 17, 2006 | Issued March 7, 2006

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between (1) any point or points in the United States, and any point or points in the Republic of Costa Rica; (2) any point or points in the United States, and any point or points in the Dominican Republic; (3) Memphis, Tennessee, and Cancun, Mexico; (4) Atlanta, Georgia, and Cancun, Mexico; and (5) Orlando, Florida, and Cancun, Mexico.  The carrier states that, although it intends to provide the subject services on a point-to-point roundtrip basis, it also requests the flexibility, consistent with applicable bilateral agreements, to serve these points on a coterminal basis, as demand warrants (and without local traffic rights from one foreign point to another foreign point).

By letter dated February 24, 2006, the carrier provided information to further clarify its request for coterminal flexibility.

By: Paul Gretch

February 7, 2008

Re: Will Not Renew Routes

By Notice of Action Taken dated March 7, 2006 in the above-referenced docket, TEM Enterprises d/b/a Xtra Airways was granted exemption authority for scheduled passenger service, inter alia, between Atlanta, Memphis and Orlando, on the one hand, and Cancun, Mexico, on the other. Xtra Airways hereby notifies the Department that it is no longer operating any scheduled service to Mexico.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513