Bellview Airlines Ltd.

OST-2007-27184 - Foreign Air Carrier Permit - US-Nigeria

February 1, 2007

Application for a Foreign Air Carrier Permit - Bookmarked

Bellview Airlines, a Nigerian air carrier, applies for a foreign air carrier permit, authorizing it to engage in scheduled foreign air transport of persons, property and mail from a point or points in Nigeria via intermediate points, to a point or points in the United States and beyond, as well as such other charter authority permitted under the US-Nigeria Open Skies Agreement and 14 CFR Part 212.

Bellview plans to commence service during the last week of April 2007. Pursuant to the designation by the Government of Nigeria, Bellview will operate between Lagos and Newark. Bellview will initially provide the service with a wet leased Boeing 767-200 aircraft. Once Nigeria achieves Category 1 status under the FAA International Aviation Assessment Program, Bellview intends to operate with its own aircraft in this market. Bellview respectfully requests that the Department consider this application as expeditiously as possible to allow it to bring the benefits of its proposed service to the United States at the earliest opportunity.

Counsel: Kirstein & Young, Joanne Young, 202-742-6644, jyoung@yklaw.com

February 22, 2007

Answer of Virgin Nigeria Airways

While Virgin Nigeria does not object to the Application of Bellview, its own Applications for a Foreign Air Carrier Permit and Exemption (Dockets OST-2005-23461 and 23460, respectively) have been pending before the Department for almost fifteen months, depriving the public of the benefits its proposed service would provide. Virgin Nigeria respectfully urges the Department to approve both Applications without delay.

Virgin Nigeria wishes to note that it has entered into a strategic partnership with North American Airlines, pursuant to which North American Airlines will operate the service to the United States on Virgin Nigeria's behalf. North American also will gain access to Virgin Nigeria's network beyond Lagos. Virgin Nigeria will amend its pending application to show that such service would be flown under a wet-lease agreement with North American. Virgin Nigeria plans to supplement its permit and exemption applications very shortly to reflect this new information as well as to update on other material changes to Virgin Nigeria's operations. Since our application over a year ago, Virgin Nigeria has added six aircraft to its fleet and is now the largest airline in Nigeria, both in terms of fleet (with nine aircraft) and passengers carried. Virgin Nigeria joined IATA in December 2005 and along with North American Airlines has since entered into interline agreements and other partnerships with several international airlines to deliver more choice and connectivity to customers including Air France/KLM/Northwest, Singapore Airlines, Cathay Pacific, Virgin Atlantic, South African Airways. Virgin Nigeria's brand reputation is principally centred on safety and superior in flight services, and is one of only two airlines in Nigeria that is recommended for air travel by the US Embassy in Nigeria.

As Virgin Nigeria will explain in greater detail, its alliance with North American creates a win-win' for both U.S. and Nigerian interests. For its part, Virgin Nigeria will gain in North American a technical partner that can not only operate consistent with the highest standards of safety and security, but also has a strong interest in the greater African market. North American would gain not only revenue for performing flight operations on Virgin Nigeria's behalf, but also access to intra-Africa markets that Virgin Nigeria serves beyond Lagos.

Counsel: Virgin Nigeria, Dr. Yemi Osindero, yemi.osindero@virginnigeria.com

Order 2008-4-8
OST-2007-27184 - Foreign Air Carrier Permit - Nigeria-US

Issued and Served April 4, 2008

Order to Show Cause

By this order we tentatively find that it is in the public interest to grant the application of Bellview Airlines Ltd. for a foreign air carrier permit. By application filed February 12, 2007, Bellview, a foreign air carrier of Nigeria, requests a foreign air carrier permit under 49 U.S.C. §41301, to engage in (1) scheduled foreign air transportation of persons, property and mail from a point or points in Nigeria, via intermediate points, to a point or points in the United States, and beyond; and (2) charter foreign air transportation in accordance with the U.S.-Nigeria Air Transport Agreement and the Department’s regulations governing charters. The carrier proposes initially to conduct these operations using wet leased aircraft.

We direct all interested persons to show cause why our tentative decision on the application of Bellview Airlines Ltd., set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch

Order 2008-7-2
OST-2007-27184 - Foreign Air Carrier Permit - US-Nigeria

Issued April 28, 2008 | Served July 1, 2008

Final Order

By Order 2008-4-8, issued April 4, 2008, 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 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