Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar
Updated:
OST-2007-27790 - Blanket Open-Skies Certificate Authority
OST-2000-8516 - American Airlines - London; Europe/Middle East /Africa/Asia; Istanbul/Ankara, Turkey
OST-2005-22228 - Regulatory Streamlining
OST-2007-27782 - Delta - US-European Community Member States - Exemption and Certificate of Public Convenience and Necessity
|
Blanket Open-Skies Certificate Authority Served April 3, 2007 By this Notice we invite all U.S. air carriers now certificated to conduct foreign scheduled air transportation and interested in applying for blanket open-skies certificate authority to file applications, as specified below, with the Department within ten days of the service date of this Notice. By Order 2007-4-2, the Department awarded American Airlines, Inc. blanket open-skies certificate authority. In that decision we specifically indicated that we are prepared to entertain requests from other U.S. carriers that seek this new type of certificate authority. The decision to grant a carrier blanket open-skies certificate authority will be done on a case-by-case basis. In the interest of administrative efficiency, we would like to ensure that we receive and can proceed to process applications from all eligible and interested U.S. carriers. We therefore request that all U.S. carriers holding certificate authority to conduct foreign scheduled air transportation and interested in obtaining blanket open-skies certificate authority file applications as specified below with the Department no later than April 13, 2007. Answers to the applications should be filed no later than May 4, 2007. Replies to answers should be filed no later than May 18, 2007.
By: Paul Gretch
Served April 16, 2007 Notice Shortening Answer Period On April 3, 2007, we issued a notice inviting U.S. air carriers currently certificated to conduct foreign scheduled air transportation to apply for blanket open-skies certificate authority. The notice requested applications for new blanket open-skies certificate authority no later than April 13, 2007, with answers due by May 4, 2007, and replies due by May 18, 2007. A number of U.S. carriers have submitted applications in response to the April 3 notice. In the interest of administrative efficiency, and to facilitate the ability of U.S. air carriers to use rights in open-skies agreements between the United States and its open-skies partners, we have decided to shorten the answer period by making answers due no later than 7 days from the date of this notice (April 23, 2007). Replies to answers should be filed no later than 4 days thereafter (April 27, 2007). We have determined that, in the circumstances presented, no party will be prejudiced by the revised procedural schedule. This action was effective when taken and the filing of a petition for review will not alter such effectiveness. By: Paul Gretch Carrier Applications Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 11, 2007 Application of Arrow Air for a Certificate of Public Convenience and Necessity Arrow Air, Inc. d/b/a Arrow Cargo in response to the Notice of the Department of Transportation served April 3, 2007 in the matter of Blanket Open-Skies Certificate Authority, Docket OST-2007-27790, and pursuant to 49 41102 Subpart B of the Department’s Rules of Practice, hereby applies for a Certificate of Public Convenience and Necessity to engage in scheduled foreign air transportation of property and mail between any point or points in the United States via intermediate points to a point or points in Albania, Aruba, Austria, Bahrain, Belgium, Bosnia-Herzegovina, Brunei Darussalam, Burkina-Faso, Cameroon, Cape Verde, Chad, Chile, Cook Islands, Costa Rica, Czech Republic, Denmark, El Salvador, Ethiopia, Finland, France, Gabon, The Gambia, Germany, Ghana, Guatemala, Honduras, Iceland, India, Indonesia, Italy, Jamaica, Jordan, Korea Republic of, Kuwait, Liberia, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Morocco, Namibia, Netherlands, Netherlands Antilles, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Qatar, Romania, Samoa, Senegal, Singapore, Slovak Republic, Sri Lanka, Sweden, Switzerland, Taiwan, Tanzania, Thailand, Tonga, Turkey, Uganda, United Arab Emirates, Uruguay, Uzbekistan and to points beyond with full traffic rights to the extent the applicable aviation agreements grant such rights. Arrow is a certificated carrier providing air transportation of cargo, mail and air freight within the United States and to specifically enumerated foreign countries. Arrow holds a certificate of public convenience and necessity for interstate and foreign transportation or property and mail between a point or points in the United States, to points including those in Central and South America. Arrow also hold certificate authority for scheduled all-cargo foreign air transportation to various points in Central and South America. (See Order 2000-8-5, served August 4, 2000). Counsel: Lawrence Wasko, 703-790-5862, ldwasko@erols.com April 11, 2007 Application of UPS for Blanket Open-Skies Certificate Authority UPS hereby responds to the Notice issued by the Department of Transportation in the above-referenced proceeding’ and files this Application for Blanket Open-Skies Certificate Authority. UPS requests that the Department award it indefinite blanket authority to serve all existing U.S. open-skies partners, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments. UPS’ application is consistent with the Department’s Notice and the open-skies agreements between the United States and each of the countries listed in Exhibit A. UPS already holds authority to serve some of these countries; however, UPS wishes to streamline its certificate authority in accordance with the Department’s Notice to include all current and future open-skies countries on one certificate. Counsel: Kelley Drye, David Vaughan, 202-342-8462, dvaughan@kelleydrye.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 12, 2007 Application of Amerijet for a Certificate of Public Convenience and Necessity Amerijet International hereby submits this application for an indefinite blanket open-skies certificate of public convenience and necessity authorizing it to provide scheduled foreign air transportation of property and mail between points in the US and a point or points in all countries with which the US has an open-skies aviation agreement or may, in the future, enter into one. Amerijet also requests authority to integrate the authority requested herein with its existing certificate and exemption authority subject to the conditions normally imposed by the Department on such integration authority. Amerijet further requests that this application be processed using the expedited non-hearing procedures established in Subpart B of the Department's Procedural Regulations. Pursuant to Order 2006-1-1 (Docket OST-2005-22228), Amerijet was awarded a blanket route integration certificate of public convenience and necessity. Counsel: John Richardson, 202-371-2258, jrichardson@johnlrichardson.com April 12, 2007 Application of Hawaiian for Certificate of Public Convenience and Necessity Hawaiian Airlines, Inc applies for a Certificate of Public Convenience and Necessity to operate between the United States and all countries with which the United States has "Open Skies" agreements now or in the future. Further Hawaiian asks that such authority allow it to integrate that authority so it may operate to and from any country to which DOT has given it certificate or exemption authority and to which Hawaiian has been designated. Lastly DOT asks that Hawaiian be designed to each of those countries so it may begin service as the market place may dictate. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dowlohnes.com April 12, 2007 Application of jetBlue for Certificate of Public Convenience and Necessity - Corrected JetBlue Airways Corporation applies for a Certificate of Public Convenience and Necessity to operate between the United States and all countries with which the United States has "Open Skies" agreements now or in the future. Further JetBlue asks that such authority allow it to integrate that authority so it may operate to and from any country to which DOT has given it certificate or exemption authority and to which JetBlue has been designated. Lastly DOT asks that JetBlue be designed to each of those countries so it may begin service as the market place may dictate. The certificate requested herein is for the transportation of persons, property and mail in combination service between the United States and any Open Skies country with which the United States presently has an effective Open Skies Agreements and any country that enters into an Open Skies Agreement with the United States in the future. The requested Order is consistent with the Notice and Order 2007-4-2. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dowlohnes.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Alaska Airlines for Certificate of Public Convenience and Necessity Alaska hereby requests that the Department grant Alaska a blanket certificate of public convenience and necessity of indefinite duration permitting Alaska to engage in the scheduled foreign air transportation of persons, property and mail between the United States and all countries with which the United States has entered into an open skies agreement, as well as any country with which the United States may in the future enter into such an agreement, once the agreement is being applied by both countries. Alaska requests that its certificate include authority to operate via the United States and intermediate points to a point or points within open skies countries, and beyond, to the full extent of the applicable aviation agreements. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com April 13, 2007 Application of ASTAR Air Cargo for Blanket Open-Skies Certificate Authority ASTAR requests a blanket open-skies certificate of public convenience and necessity of indefinite duration to provide all-cargo service (scheduled foreign air transportation of property and mail) between the United States and all current open-skies countries and any country with which the United States may in the future enter into such an agreement, where that agreement is being applied by both countries. This blanket open-skies certificate authority will be integrated in accordance with Order 2006-1‑1. ASTAR also holds exemption authority to conduct scheduled all-cargo service between the United States and Kuwait and to integrate this authority with its certificate authority for all-cargo service on Route 692. Counsel: Lachter & Clements, Stephen Lachter, 202-862-4321, slachter@lachter-clements.com April 13, 2007 Application of ATA Airlines for Certificate of Public Convenience and Necessity ATA hereby requests that the Department grant ATA a blanket certificate of public convenience and necessity of indefinite duration permitting ATA to engage in the scheduled foreign air transportation of persons, property and mail between the United States and all countries with which the United States has entered into an open skies agreement, as well as any country with which the United States may in the future enter into such an agreement, once the agreement is being applied by both countries. ATA requests that its certificate include authority to operate via the United States and intermediate points to a point or points within open skies countries, and beyond, to the full extent of the applicable aviation agreements. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Atlas Air for Issuance of a Certificate of Public Convenience and Necessity Atlas Air, Inc. requests issuance of a certificate of public convenience and necessity to engage in foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in those countries with which the United States has concluded or subsequently concludes open skies air transport agreements, on the other, via intermediate points and beyond, to the extent the applicable aviation agreements grant such rights. As already found by the Department in its April 3 notice and Order 2007-4-2 in comparable circumstances, grant of the authority requested herein is in the public interest. It will allow for maximum utilization of valuable U.S. carrier route rights and will contribute to the variety of price and service options available to shippers. Counsel: Atlas, Russell Pommer, 202-822-9121, rpommer@atlasair.com April 13, 2007 Application of USA 3000 for a New Certificate of Public Convenience and Necessity USA 3000 hereby applies pursuant to 49 U.S.C. §41102, Subpart B of the Department's Rules of Practice, and in response to the Department of Transportation's recent Notice inviting applications for blanket open-skies certificate authority, for a new blanket "Open Skies" certificate authorizing it to provide scheduled air transportation of persons, property and mail to all existing U.S.-Open Skies partners,' along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments, without the need for further action by the carrier or the Department. USA 3000 currently holds a foreign certificate of public convenience and necessity authorizing scheduled combination service to Aruba, a U.S. "Open Skies" partner. See DOT Order 2001-5-8 (Route 798; Docket OST-2000-8030). In addition to its certificate authority, USA 3000 holds a large number of exemptions to conduct scheduled combination service from a number of U.S. points to various foreign points in Mexico, the Dominican Republic, Bermuda, Jamaica and the Bahamas. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com OST-2007-27790 - Blanket Open-Skies Certificate Authority April 13, 2007 Centurion Air Cargo, Inc. respectfully requests that its Certificate of Public Convenience and Necessity for Route 833 be amended as follows:
Alternatively, Centurion requests the issuance of a new Certificate of Public Convenience and Necessity encompassing its existing open skies authority with the authority sought herein. Counsel: Law Office of John Mietus, William Evans, 210-827-5074, bill@mietuslaw.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Custom Air Transport Custom Air Transport, Inc. hereby applies, pursuant to 49 U.S.C. 41102, Subpart B of the Department’s Procedural Regulations, and the Department’s April 3, 2007 notice on Blanket Open-Skies Certificate Authority, for a Certificate of Public Convenience and Necessity authorizing it to conduct scheduled foreign air transportation of cargo between a point or points in the United States, via intermediate points, to a point or points in U.S. Open-Skies Agreement partner countries, and beyond, for an indefinite period. CAT presumes that the Department intends this term to include nations that are signatories to the Multilateral Agreement on the Liberalization of International Air Transportation. Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513 OST-2007-27790 - Blanket Open-Skies Certificate Authority April 13, 2007 Delta Air Lines, Inc. hereby supplements its Application pending in Docket OST-1999-6246 for a New or Amended Certificate of Public Convenience and Necessity for open entry routes filed on September 21, 1999, as amended. By this supplement, Delta seeks the award of authority to serve all open-skies/MALIAT partner countries under the procedures set forth in the Open-Skies Certificate Notice in Docket OST-2007-27790 and Order 2007-4-2. Order 2007-4-2 issues open-skies certificate authority to American Airlines, Inc. Delta requests that the Department proceed directly to a Final Order issuing Delta a comparable certificate, consistent with the regulatory streamlining procedures described in the Department's August 2005 Notice in Docket OST-2005-22228. In Order 2007-4-2, the Department states that it intends to amend American's current route authority to reflect the realignment of open-skies authority effected by that Order. To the extent that the issuance of an open-skies certificate to Delta would be redundant or subsumptive in relation to previously-issued certificate authority, Delta is also amenable to the realignment of its existing certificates. However, any changes to or deletions from Delta's existing certificates should use show-cause procedures to provide Delta with the opportunity to comment on detrimental deletions of authority that may be proposed by the Department. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com April 12, 2007 Application of EOS Airlines for Blanket Open-Skies Certificate Authority Eos hereby submits this application to obtain authority to provide foreign air transportation of persons, property and mail to all markets with which the U.S. has an open-skies agreement or may, in the future, enter into one. Eos currently operates 13 nonstops per week between New York (JFK) and London (Stansted) with B-757-200 aircraft. Eos commenced these services on October 18, 2005. Eos anticipates that it will offer additional international services in "Open-Skies" markets using the same type of aircraft. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Evergreen for a Certificate of Public Convenience and Necessity Evergreen hereby applies pursuant to 49 U.S.C. § 41102 and Subpart B of the Department's Rules of Practice for an indefinite blanket open-skies certificate of public convenience and necessity authorizing it to provide scheduled foreign air transportation of property and mail between points in the U.S. and a point or points in all countries with which the U.S. has an open-skies aviation agreement or may, in the future, enter into an open-skies aviation agreement. Evergreen further requests that this application be processed using the expedited non-hearing procedures established in Subpart B of the Department's Rules of Practice. Evergreen currently provides scheduled and charter air transportation and foreign air transportation of property and mail pursuant to certificate and exemption authority issued by the Department, including certificates for Routes 190, 190F and 554. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com April 12, 2007 Application of FedEx for Blanket Open-Skies Certificate Authority FedEx Express seeks indefinite blanket open-skies certificate authority, which will enable FedEx Express to serve current and future U.S. open-skies partners. A list of current U.S. open-skies partners is in Attachment A. The operating flexibility made possible by this authority, combined with blanket route integration authority awarded earlier, will enable FedEx Express to adjust its schedules to enhance the efficiency of its worldwide operations and to respond quickly to changes in shipper demand. FedEx Express asks that the Department grant this authority for an indefinite period since no restrictions prohibit additional entry into each market requested in Attachment A. The grant of authority for an indefinite duration would therefore be consistent with the Department's policy to reduce the burden and expense of repeated renewal proceedings. FedEx Express intends to exercise its blanket route integration authority in connection with the authority requested here. Order 2006-1-1 applies to "future grants of authority issued under 49 U.S.C. § 40109 and 41102," unless otherwise provided, as well as to route authorities in existence at the time that Order was issued. In addition, FedEx Express intends to rely on the new blanket open-skies authority requested here to provide coterminalized services to Canada, services that its certificate for Route 472 currently prohibits. Finally, FedEx Express requests that the Department process this application through expedited nonoral evidentiary hearing procedures pursuant to Subpart B of the Department's Rules of Practice. No issues of material fact require an evidentiary hearing on this application and the use of expedited procedures would serve the public interest by making efficient use of the Department's staff and resources. Counsel: FedEx, David Jensen, 901-434-8582, dmjensen@fedex.com April 13, 2007 Application of Florida West for Certificate of Public Convenience and Necessity FWIA hereby requests that the Department grant FWIA a blanket certificate of public convenience and necessity of indefinite duration permitting FWIA to engage in the scheduled foreign air transportation of property and mail between the United States and all countries with which the United States has entered into an open skies agreement, as well as any country with which the United States may in the future enter into such an agreement, once the agreement is being applied by both countries. FWIA is submitting this request in response to the Department’s April 3, 2007, Notice, in which the Department announced its intention to grant broad international route authority to any interested certificated U.S. carrier, including all-cargo carriers such as FWIA. FWIA supports the Department’s initiative and believes approval of its application will provide FWIA with valuable and needed flexibility to enter new markets without delays ensuing from the need for regulatory approvals. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Frontier for Blanket Open-Skies Certificate Authority Frontier herein submits this application for authority to transport property, mail, and travelers on routes between the U.S. and all countries which currently have, or in the future agree to, an open-skies agreement with the U.S. There have been no substantial changes in Frontier's operations, ownership, or management since Frontier submitted its last Application for Exemption Authority to operate service between Dallas Ft. Worth, Texas and Mazatlan, Mexico (Notice of Action Taken (Docket OST-2007-27033) approving the service was issued on January 26, 2007). Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com April 13, 2007 Gemini Air Cargo, Inc. hereby applies for a certificate of public convenience and necessity for "indefinite blanket authority to serve all existing U.S. open-skies partners, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments." As the Department has indicated in its Notice in this Docket, this "new form of international route certificate.. . will enhance operational flexibility and administrative convenience for the certificate holder." It will eliminate the paperwork, cost, and other burdens that would otherwise be necessary for Gemini to add open-skies authority each time that a new open-skies agreement becomes effective. Counsel: Roller & Bauer, Moffett Roller, 202-331-3300, mroller@rollerbauer.com April 13, 2007 Kalitta Air hereby applies, pursuant to 49 U.S.C. § 41102, Subpart B of the Department’s Procedural Regulations, and the Department’s April 3, 2007 notice on Blanket Open-Skies Certificate Authority, for a Certificate of Public Convenience and Necessity authorizing it to conduct scheduled foreign air transportation of cargo between a point or points in the United States, via intermediate points, to a point or points in U.S. Open-Skies Agreement partner countries, and beyond, for an indefinite period. Kalitta Air presumes that the Department intends this term to include nations that are signatories to the Multilateral Agreement on the Liberalization of International Air Transportation. Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Sun Country for a New Certificate of Public Convenience and Necessity Sun Country hereby applies for a new blanket "Open Skies" certificate authorizing it to provide scheduled air transportation of persons, property and mail to all existing U.S. - Open Skies partner countries, as well as prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments, without the need for further action by DOT. Sun Country requests that the Department grant its new certificate for an indefinite period. The authority sought by Sun Country is consistent with the Open Skies agreements between the United States and each of the countries where it seeks authority and with the Department's stated policy. Counsel: Sun Country, John Fredericksen, 651-681-3948, john@fredericksen@suncountry.com April 13, 2007 Application of North American for a Certificate of Public Convenience and Necessity North American hereby applies for a certificate of public convenience and necessity to engage in foreign scheduled air transportation of persons, property and mail from a point or points in the United States, via intermediate points, to a point or points in all existing U.S. open-skies partners, along with any future U.S. open-skies partners, and beyond. North American requests that this application be processed in accordance with Subpart B of the Department's Rules of Practice. North American already holds authority to serve some of the countries that have open skies agreements with the United States. Including all of them in a single certificate will streamline North American's operating authority, provide indefinite authority where time-limited authority is currently held, and avoid unnecessary exemption renewal applications. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com April 13, 2007 Application of Polar Air Cargo for Issuance of a Certificate of Public Convenience and Necessity Polar and Polar Air Cargo Worldwide, Inc. request issuance of a certificate of public convenience and necessity authorizing Polar and, at a later date, PACW to engage in foreign air transportation of property and mail between a point or point in the United States, on the one hand, and a point or points in those countries with which the United States has concluded or subsequently concludes open-skies air transport agreements, on the other, via intermediate points and beyond, to the extent the applicable aviation agreements grant such rights. Polar and its parent, PACW, recently applied in Docket OST-2007-27056 for a disclaimer of jurisdiction or, alternatively, approval of the transfer all of Polar's certificate and exemption authorities to PACW as part of an intra-corporate reorganization to enable PACW, following consummation, to operate as an air carrier under the "Polar Air Cargo" brand. By Order 2007-3-15, the Department made the requisite fitness and citizenship findings and issued PACW a certificate of public convenience and necessity to provide interstate scheduled transportation of property and mail, to become effective after the Federal Aviation Administration issues PACW its air carrier certificate and operations specifications. The Department has not yet acted on the portion of the request relating to the transfer of Polar's foreign route authorities. Because the Polar/PACW intra-corporate reorganization has not yet occurred, PACW is not yet in a position to obtain these blanket open-skies rights. However, the reorganization is expected to occur within the next several months. To avoid the need for a two-step process under which the Department first awards blanket open-skies authority to Polar and shortly thereafter is called upon to transfer that authority to PACW, the applicants request that new certificates be issued to both "Polar Air Cargo, Inc." and "Polar Air Cargo Worldwide, Inc. d/b/a Polar Air Cargo," with immediate effectiveness with respect to Polar and future effectiveness with respect to PACW at such time as the FAA issues PACW its air carrier certificate and operations specifications. That will minimize the workload of all concerned. Counsel: Polar, Kevin Montgomery, 202-828-1002, kevin.montgomery@polaraircargo.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Spirit Airlines for Blanket Open-Skies Certificate Authority Spirit hereby submits this Application for Blanket Open-Skies Certificate Authority. Spirit requests that the Department approve this Application for indefinite blanket certificate authority to serve all existing U.S. open-skies partners and for prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments. Further, Spirit asks that the Department permit it to integrate this certificate authority with Spirit's other certificate and exemption authority, consistent with applicable agreements between the United States and foreign governments. Finally, Spirit asks that the Department designate it for each of the open-skies partners, as necessary, to allow Spirit to respond quickly to new market opportunities. Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com April 13, 2007 Application of TEM Enterprises d/b/a Xtra Airways TEM Enterprises, d/b/a Xtra Airways hereby applies, pursuant to 49 U.S.C. § 41102, Subpart B of the Department’s Procedural Regulations, and the Department’s April 3, 2007 notice on Blanket Open-Skies Certificate Authority, for a Certificate of Public Convenience and Necessity authorizing it to conduct scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, via intermediate points, to a point or points in U.S. Open-Skies Agreement partner countries, and beyond, for an indefinite period. Xtra presumes that the Department intends this term to include nations that are signatories to the Multilateral Agreement on the Liberalization of International Air Transportation. Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513 OST-2007-27790 - Blanket Open-Skies Certificate Authority April 13, 2007 Amendment #1 of TradeWinds to Certificate of Public Convenience and Necessity Tradewinds hereby applies pursuant to 49 U.S.C. 41102, Subpart B of the Department’s Rules of Practice, and in response to the Department of Transportation’s recent Notice inviting applications for blanket open-skies certificate authority, to amend its current open-skies certificate of public convenience and necessity to the extent necessary to authorize it to provide scheduled air transportation of property and mail to include all countries that have concluded “Open Skies” Air Services Agreements with the United States since issuance of its current open-skies certificate on August 9, 2006, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner comes into force and effect, without the need for further action by the carrier or the Department. In the alternative, Tradewinds seeks issuance of a new blanket certificate. By Order 2006-10-1 dated August 9, 2006, Tradewinds was granted all-cargo open-skies certificate authority. Such authority was inclusive of all open skies agreements between Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com
Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of World Airways for a Certificate of Public Convenience and Necessity World hereby applies for a certificate of public convenience and necessity to engage in foreign scheduled air transportation of persons, property and mail from a point or points in the United States, via intermediate points, to a point or points in all existing U.S. open-skies partners, along with any future U.S. open-skies partners, and beyond. World requests that this application be processed in accordance with Subpart B of the Department's Rules of Practice. World already holds authority to serve some of the countries that have open skies agreements with the United States. Including all of them in a single certificate will streamline World's operating authority, provide indefinite authority where time-limited authority is currently held, and avoid unnecessary exemption renewal applications. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com April 13, 2007 Application of Air Transport International for a Certificate of Public Convenience and Necessity Air Transport International, LLC applies, pursuant to 49 USC 41102, the Rules of Practice, and the Department's notice inviting applications for blanket open-skies certificate authority, for a certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail between (i) a point or points in the United States via intermediate points and a point or points in all countries with existing "Open Skies" Air Services Agreements with the United States and beyond; and (ii) a point or points in the United States via intermediate points and a point or points in all countries who in the future become U.S. open-skies partners, and beyond. ATI requests that all authority issued in response to this application be effective for an indefinite period. ATI currently offers a full range of worldwide charter services to air cargo companies, air freight forwarders, other airlines, major corporations, government and military organizations, and specialized-business customers, such as oil field service and animal transportation specialists. ATI operates thirteen long-range re-engined DC8-71 and -73 series cargo aircraft and three DC8-62 and one DC8-72 series combination passenger/cargo aircraft on a daily basis throughout North America and around the world. While ATI has not finalized its expanded international service pattern, in accordance with market conditions, ATI intends to utilize its fleet to provide convenient, cost effective transportation options between the United States and one or more countries in Africa, along the Pacific rim, and eventually Asia, as well as additional countries in Europe. This service will not be different in terms of aircraft or stage length from the carrier's current charter foreign and interstate operations. Issuance of the authority requested here would eliminate the need for multiple applications for non-controversial exemption or certificate authority, conserving the Department's and ATI's time and resources. Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com April 13, 2007 Application of Allegiant Air for a Certificate of Public Convenience and Necessity Allegiant Air, LLC applies, pursuant to 49 USC 41102, the Rules of Practice, and the Department's notice inviting applications for blanket open-skies certificate authority, for a certificate of public convenience and necessity authorizing Allegiant 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. Allegiant requests that all authority issued in response to this application be effective for an indefinite period. Allegiant operates primarily scheduled service between smaller U.S. cities and top leisure destinations such as Las Vegas, Orlando, and Tampa/St. Petersburg, the focal points of Allegiant's route system. Allegiant anticipates that in the future, it will expand internationally to provide the same type of service from foreign points to U.S. leisure destinations. 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 Allegiant's time and resources. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways April 13, 2007 Application of Capital Cargo for Blanket Open-Skies Certificate Authority Capital Cargo International Airlines, Inc. hereby responds to the Notice issued by the Department of Transportation in the above referenced proceeding and files this Application for a Certificate of Blanket Open-Skies Authority. Capital Cargo requests that the Department award it indefinite blanket authority to serve all existing U.S. open-skies partners, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments. Capital Cargo is an all-cargo carrier that currently operates thirteen B-727-200 freighter aircraft on an ACMI basis in interstate and international charter and scheduled air transportation. Capital Cargo holds interstate scheduled all-cargo certificate authority, as well as foreign charter all-cargo certificate authority. Counsel: Kirkpatrick & Lockhart, Jonathan Blank, 202-628-1700, jonathan.blank@klgates.com April 13, 2007 Application of MAXjet for a Blanket Open-Skies Certificate of Public Convenience and Necessity MAXjet Airways, Inc. hereby applies for a certificate of public convenience and necessity authorizing MAXjet to engage in foreign scheduled air transportation of persons, property, and mail, from points behind the United States, via the United States and any intermediate points, to points in the territory of current and future open-skies treaty partners, and beyond. MAXjet's initial application for a foreign scheduled certificate of public convenience and necessity requested authority to operate to numerous countries, including all of the U.S.' open-skies treaty partners. MAXjet later reduced the number of countries for which it sought authority to those listed above in order to expedite the Department's approval of its application. Grant of a blanket open-skies certificate to MAXjet permitting it to take full advantage of these rights is, therefore, clearly in the public interest, as evidenced by the Department's Notice soliciting these applications. Counsel: MAXjet, William Kutzke, 571-246-5574, bkutzke@maxjet.com April 13, 2007 Application of Ryan International for a Certificate of Public Convenience and Necessity Ryan International Airlines, Inc. applies, pursuant to 49 USC 41102, the Rules of Practice, and the Department's notice inviting applications for blanket open-skies certificate authority, for a certificate of public convenience and necessity authorizing Ryan 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. Ryan requests that all authority issued in response to this application be effective for an indefinite period. Ryan anticipates that in the future it may expand internationally to provide such service in its own right rather than as a wet lessor. Issuance of the requested open-skies authority would enable Ryan to respond pro-competitively and without delay to such opportunities, and would eliminate the need for multiple applications for non-controversial exemption or certificate authority, conserving the Department's and Ryan's time and resources. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com Air Transport Int'l / Alaska / Allegiant Air / Amerijet / Arrow Air / ASTAR Air Cargo / ATA Airlines / Atlas / Capital Cargo Int'l / Centurion Air Cargo / Custom Air Transport / Delta / EOS / Evergreen / FedEx / Frontier / FWIA / Gemini Air Cargo / Hawaiian / jetBlue / Kalitta Air / MAXjet / North American / Polar Air Cargo / Ryan Int'l / Spirit / Sun Country / TradeWinds / UPS / USA 3000 / World Airways / Xtra Airways
April 23, 2007 Consolidated Answer of United Air Lines The Department’s new blanket open-skies certificates include authority to serve all “existing open-skies partners, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments…” Authority flowing from such newly applied agreements will be added “without the need for further action by the carrier or the Department.” The Department will maintain a list of those countries where open-skies terms are being applied, and carriers holding blanket open-skies certificates will automatically be authorized to serve those countries under open-skies terms. The Department’s list, as we understand it, will be informational only, with the authority to be conferred automatically by the terms of the agreement in question. At least one applicant, EOS Airlines, Inc., is requesting “advance authority for the full scope of combination services contemplated by the U.S.-E.U. Agreement” even though open-skies terms to serve certain E.U. countries (e.g., Greece, Spain and the United Kingdom) will not be provisionally applied until March 30, 2008 (assuming the U.S.-E.U. open skies agreement is signed on April 30, 2007, as scheduled). See, Application of EOS Airlines, Inc. for Blanket Open-Skies Certificate Authority, dated April 12, 2007, at page 3. Authority to serve these three countries is not included in the blanket open-skies certificates issued thus far to United and other carriers. As United understands the Department’s new policy, authority to serve such EU countries will become available automatically to carriers holding blanket open-skies certificates, but only on March 30, 2008, for services to be operated after that date. It is not clear whether EOS is seeking authority to serve these E.U. countries before March 30, 2008 (in which case it would be requesting extra-bilateral authority) or whether it is seeking immediate marketing authority for services to be operated on or after March 30, 2008. Should the Department grant EOS any such authority, it should award the same authority to all holders of blanket open-skies authority. And, to the extent that a specific request must be made for such authority to be effective prior to March 30, 2008, then United hereby makes that request. United joins Delta Airlines in urging that any realignment of existing certificate authority be accomplished by an order to show cause to afford the certificate holder the opportunity to comment on the realignment. Such comments might be directed to unintended modifications of existing route authority. By pointing out any such inadvertent changes to the Department before the realigned certificate amendments become effective subject to Presidential review, unnecessary additional paperwork can be avoided. Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com
April 27, 2007 Reply of MAXjet to Consolidated Answer of United MAXjet shares United's concerns about the application of Eos Airlines, Inc. for what appears to be prospective authority - almost a full year in advance of the effective date for the U.S.-E.U. open-skies agreement. As United noted, Eos' request for "advance authority" is at odds with the Department's April 3, 2007 instituting Notice which plainly states the new open-skies certificates would be constructed so as to award both (1) existing open-skies rights, and (2) future open-skies rights, once the underlying agreements "[were] being applied by the two governments." MAXjet takes no position on the merits of Eos' application except to note that it agrees with United that the Department should treat all open-skies certificate applicants similarly and make consistent the authority it awards. To the extent necessary, MAXjet hereby amends its application to request the same extra-bilateral authority as Eos has requested. Counsel: MAXjet, William Kutzke, 571-246-5574, bkutzke@maxjet.com
Order 2007-4-27 Issued April 17, 2007 | Served April 30, 2007 Order Issuing Certificate | Word Under assigned authority and consistent with our streamlining and blanket open-skies certificate initiatives, we have decided to grant Delta 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 Delta 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. We defer action on the remainder of the carrier’s requests and will handle them separately. Our action here establishes for the carrier a new route certificate, in the form attached at Appendix A. We find that grant of the certificate is consistent with the public convenience and necessity. We find further that the pending open-skies request is not controversial and that it is appropriate to grant the authority at issue here under simplified procedures. We will also grant the 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
Served May 1, 2007 By this Notice we authorize U.S. air carriers holding blanket open-skies certificate authority to accept payment and issue tickets for services to points within the European Union where, in accordance with the list maintained by the Department at: http://ostpxweb.dot.gov/aviation/international/agreementsbeingapplied.htm, such services may not commence until March 30, 2008. This authorization applies to all U.S. air carriers that currently hold or that subsequently receive blanket open-skies certificate authority from the Department. As to any carrier not now holding but subsequently receiving blanket open-skies certificate authority, the authorization in the present Notice will become effective immediately upon our issuing the carrier a blanket open-skies certificate. Carriers are reminded that they may be required to obtain approval from foreign authorities before exercising the authority granted here. By: Andrew Steinberg
Order 2007-7-3 Issued May 7, 2007 | Served July 10, 2007 Order Issuing Certificates - Combination - Bookmarked By this order we grant the above-captioned U.S. air carriers 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. The authority granted by this order supersedes any orders previously issued or actions taken by the Department to the extent such orders or actions grant the carrier operating rights to an open-skies partner. For those services currently operated under an exemption, the exemption will terminate upon the effectiveness of the attached certificate of public convenience and necessity. Currently authorized certificate authority to serve an open-skies partner will be realigned such that all authority held by the carrier to serve markets covered by a currently applied open-skies agreement is consolidated into a single certificate.
By: Paul Gretch
Order 2007-7-4 Issued May 7, 2007 | Served July 10, 2007 Order Issuing Certificates - All-Cargo - Bookmarked By this order we grant certificate authority to the above-captioned carriers to provide all-cargo 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. The authority granted by this order supersedes any orders previously issued or actions taken by the Department to the extent such orders or actions grant the carrier operating rights to an open-skies partner. For those services currently operated under an exemption, the exemption will terminate upon the effectiveness of the attached certificate of public convenience and necessity. Currently authorized certificate authority to serve an open-skies partner will be realigned such that all authority held by the carrier to serve markets covered by a currently applied open-skies agreement is consolidated into a single certificate.
By: Paul Gretch |
||