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OST-2007-0084 - Blanket Route Integration and Blanket Open-Skies Certificate Authority
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Blanket Route Integration Authority and Blanket Open-Skies Certificate Authority OST-2007-0084 Served November 28, 2007 Notice Inviting Applications | Word The Department continues to implement the regulatory streamlining initiative, announced in an August 2005 notice (Docket OST-2005-22228). Under the streamlining initiative, the Department previously invited carriers to seek, and in response issued, blanket route integration certificates and blanket open-skies certificates to qualifying U.S. air carriers. By Order 2006-1-1, we issued a five-year blanket route integration certificate to each U.S. air carrier that requested the blanket route integration authority in response to the August 2005 notice. The certificate permits the carrier to integrate all of its route authority, both currently held and prospective (subject to applicable bilateral agreement provisions and certain standard conditions). These certificates enable those U.S. carriers to enjoy greatly enhanced routing flexibility without the need to seek route integration authority as part of future exemption or certificate applications. Subsequently, a number of other U.S. air carriers have requested blanket route integration authority and still others have requested route integration on a case-by-case basis. Accordingly, since we are processing those applications, we are inviting other interested U.S. air carriers that do not currently hold a blanket route integration certificate to request one in this docket. The certificate would be subject to our standard certificate conditions, as well as the standard conditions we impose on awards of route integration authority.
Alaska Airlines, Inc. (Docket OST-2007-27790), Cargo 360, Inc. (Docket OST-2006-26419), Custom Air Transport, Inc. (Docket OST-2007-27790), and Southern Air, Inc. (Docket OST-2006-25478) have already filed applications requesting blanket route integration authority. These carriers need not respond to this Notice.
We are prepared to entertain requests for the blanket open-skies certificates from additional U.S. carriers currently authorized to conduct foreign scheduled air transportation. The decision to grant a carrier blanket open-skies certificate authority will be done on a case-by-case basis. We request that any U.S. air carrier interested in obtaining a blanket route integration certificate notify the Department no later than December 12, 2007 in Docket OST-2005-22228. U.S. air carriers who now wish to apply for blanket open-skies certificate authority, to conduct either all-cargo or combination services, should file applications with the Department in Docket OST-2007-0084, no later than December 12, 2007. By: Paul Gretch
December 12, 2007 Application of ASA for a Certificate of Public Convenience and Necessity
ASA hereby applies for a certificate of public convenience and necessity authorizing ASA to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights). In addition, ASA hereby applies for a certificate of public convenience and necessity authorizing ASA to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
ASA anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, ATR-72-210 turboprops with 66 passenger seats, and Canadair Regional Jets with 50-70 passenger seats. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Application of Chautuaqua for a Certificate of Public Convenience and Necessity
Chautauqua hereby applies for a certificate of public convenience and necessity authorizing Chautauqua to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights). In addition, Chautauqua hereby applies for a certificate of public convenience and necessity authorizing Chautauqua to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
Chautauqua anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Application of Comair for a Certificate of Public Convenience and Necessity
Comair hereby applies for a certificate of public convenience and necessity authorizing Comair to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights). In addition, Comair hereby applies for a certificate of public convenience and necessity authorizing Comair to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
Comair anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, Canadair Regional Jets with 50-76 passenger seats. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Application of Freedom Airlines for a Certificate of Public Convenience and Necessity
Freedom hereby applies for a certificate of public convenience and necessity authorizing Freedom to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights). In addition, Freedom hereby applies for a certificate of public convenience and necessity authorizing Freedom to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
Freedom anticipates that it will provide servIces under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, CRJ-900 regional jets with 76 passenger seats. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Application of Mesa for a Certificate of Public Convenience and Necessity
Mesa hereby applies for a certificate of public convenience and necessity authorizing Mesa to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights). In addition, Mesa hereby applies for a certificate of public convenience and necessity authorizing Mesa to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
Mesa anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, Canadair regional jets with up to 86 passenger seats. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Application of Republic for a Certificate of Public Convenience and Necessity
Republic hereby applies for a certificate of public convenience and necessity authorizing Republic to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights). In addition, Republic hereby applies for a certificate of public convenience and necessity authorizing Republic to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
Republic anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, Embraer 170 and Embraer 175 regional jets configured with 72-86 passenger seats. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Application of Shuttle America for a Certificate of Public Convenience and Necessity
Shuttle America hereby applies for a certificate of public convenience and necessity authorizing Shuttle America to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights). In addition, Shuttle America hereby applies for a certificate of public convenience and necessity authorizing Shuttle America to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:
Shuttle America anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, Embraer 170 regional jets. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-0084 - Blanket Route Integration Authority and Blanket Open-Skies Certificate Authority December 18, 2007 SkyWest hereby applies for a certificate of public convenience and necessity authorizing SkyWest to engage in scheduled foreign air transportation of persons, property and mail, including authority to operate via the U.S. and intermediate points to a point or points within countries with which the U.S. has a bilateral or multilateral open skies agreement. Further, SkyWest applies for a certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and each of the following effectively open-entry Caribbean countries:
SkyWest requests that the Department consider its application in parallel to the other applications pending in this docket and that the Department also require that any answers be due on January 2, 2008. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2500, lhalloway@crowell.com
OST-2007-0084 - Blanket Route Integration Authority and Blanket Open-Skies Certificate Authority February 25, 2008 Application for a Certificate of Public Convenience and Necessity Pinnacle Airlines, Inc. applies for a certificate of public convenience and necessity to engage in scheduled foreign air transportation of persons, property and mail between (i) a point or points in the United States and a point or points in all countries with existing "Open Skies" Air Services Agreements with the United States, via intermediate points and beyond; and (ii) a point or points in the United States and a point or points in all countries that in the future become U.S. open-skies partners, via intermediate points and beyond. Pinnacle requests that all authority issued in response to this application be effective for an indefinite period. Pinnacle operates primarily scheduled service between various points in the United States as well as between points in the United States and points in Canada and Mexico, all pursuant to capacity purchase agreements with various code-share partners. Pinnacle anticipates that in the future as more open-skies agreements are reached with countries in the Caribbean and Central America, its code-share partners will request expansion of the points Pinnacle serves pursuant to these capacity purchase agreements to include additional foreign markets. The open-skies authority requested here is ideally suited to that purpose since it will maximize flexibility enabling flights to operate from less prominent foreign points of origin. Issuance of such authority would eliminate the need for multiple applications for non-controversial exemption or certificate authority, conserving the Department's and Pinnacle's time and resources. Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com
OST-2007-0084 - Blanket Route Integration Authority and Blanket Open-Skies Certificate Authority March 7, 2008 Application for a Certificate of Public Convenience and Necessity Colgan Air, Inc. applies for a certificate of public convenience and necessity to engage in scheduled foreign air transportation of persons, property and mail between (i) a point or points in the United States and a point or points in all countries with existing "Open Skies" Air Services Agreements with the United States via intermediate points and beyond; and (ii) a point or points in the United States and a point or points in all countries that in the future become U.S. open-skies partners, via intermediate points and beyond. Colgan requests that all authority issued in response to this application be effective for an indefinite period. Colgan operates primarily scheduled service between various points in the United States as well as between points in the United States and points in Canada, all pursuant to capacity purchase agreements with various code-share partners. Colgan anticipates that in the future as more open-skies agreements are reached with countries in the Caribbean and Central America, its code-share partners will request expansion of the points Colgan serves pursuant to these capacity purchase agreements to include additional foreign markets. The open-skies authority requested here is ideally suited to that purpose since it will maximize flexibility enabling flights to operate from less prominent foreign points of origin. Counsel: Garofalo Goerlich, Gary Goerlich, 202-776-3970, ggarofalo@ggh-airlaw.com
Issued April 14, 2008 | Served April 15, 2008 Under assigned authority and consistent with our streamlining and blanket open-skies certificate initiatives, we have decided to grant ASA, Chautauqua, Comair, Mesa, Republic, Shuttle America, and SkyWest certificate authority to serve all open-skies partners, that is, foreign aviation partners with which the United States has entered into an open-skies agreement where that agreement is being applied. We have also decided to grant to each captioned carrier certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the Liberalization of International Air Transportation. Our action here establishes for the carrier a new route certificate. We find that grant of the certificate is consistent with the public convenience and necessity. We find further that the pending requests for open-skies authority are not controversial and that it is appropriate to grant the authority at issue here under simplified procedures. We will also grant each carrier blanket authority such that when an additional foreign aviation partner enters into an open-skies agreement with the United States, and where that agreement is being applied, authority to serve that open-skies partner will automatically be included as part of the carrier’s certificate authority without the need for further action by the Department or the carrier. We find that the award of such authority, on a prospective basis, with the enhanced administrative convenience it would accord to the carrier, is consistent with the public interest. By: Paul Gretch
Issued August 8, 2008 | Served October 9, 2008 By this order we grant Colgan Air, Inc. and Pinnacle Airlines, Inc. certificate authority to provide combination service to all of our foreign aviation partners that have entered into an open-skies agreement with the United States where that agreement is being applied. Pinnacle is authorized to engage in scheduled air transportation services using large aircraft, subject to the restriction that Pinnacle’s operations are performed under an agreement with a major U.S. carrier and that Pinnacle operates no more than 16 large aircraft (see Orders 2007-10-27 and 2008-1-1). Colgan is authorized to engage in scheduled air transportation services using large aircraft, subject to the restriction that Colgan’s operations are performed under an agreement with a major U.S. carrier and that Colgan operates no more than 15 large aircraft (see Orders 2007-11-22 and 2008-1-17). We will retain the restrictions in the authorities awarded here. By: Paul Gretch |
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