Air Executive Charter GmbH

OST-2007-28046 - Exemption and Foreign Air Carrier Permit - Germany-US Charters

April 24, 2007

Application for an Exemption and a Foreign Air Carrier Permit - Bookmarked

Motion for Confidential Treatment

Air Executive Charter GmbH, a foreign air carrier based in Munich, Germany, hereby applies under 49 U.S.C. § 41302 and 40109, Subparts B and C of the Department's Rules of Practice in Proceedings, Part 211 of the Department's Economic Regulations, and the Department's August 23, 2005 Notice in Docket OST-2005-22228 for an exemption and a foreign air carrier permit authorizing Air Executive Charter to provide the following service using small aircraft:

• charter foreign air transportation of persons, property and mail between any point or points in Germany and any point or points in the United States; and between any point or points in the United States and any point or points in a third country or countries, provided that such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Germany for the purpose of carrying local traffic between Germany and the United States;
• effective March 30, 2008, charter foreign air transportation of persons, property and mail from points behind EU Member States, via the EU Member States and intermediate points to any point or points in the United States and beyond;
• effective March 30, 2008, charter foreign air transportation of persons, property and mail between any point or points in the United States and any point or points in the European Common Aviation Area; and
• other charters between non-EU/ECAA third countries and the United States in accordance with 14 C.F.R. Part 212.

At present, there is only a single Learjet 60 aircraft in Air Executive Charter's fleet, but the Company has ambitious growth plans. A second Learjet 60 and a next-generation Challenger 605 are scheduled to be delivered in the coming weeks, with additional deliveries of these and other aircraft types - including a Global Express and a Challenger 850 - to follow.

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com

Order 2007-7-15
OST-2007-28046 - Exemption and Foreign Air Carrier Permit - Germany-US Charters

Issued and Served July 15, 2007

Order Granting Exemption and to Show Cause

We grant the request of Air Executive Charter GmbH for an exemption under 49 U.S.C. 40109 to permit it (1) effective on the issue date of this order, to accept payment and issue tickets, and (2) effective March 30, 2008, to commence flight operations, for the services set forth below:

1. foreign 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;
2. foreign 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; and
3. other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations.

In the conduct of the operations authorized, Air Executive Charter may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds.

Our action granting the exemption authority described in ordering paragraphs 1 and 2 herein (and subject to the effective date for flight operations contained in ordering paragraph 2 above), is effective immediately, for a period of two years from the issue date of this order, or until the attached permit becomes effective, whichever is earlier.

With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final.

By: Paul Gretch

Order 2007-10-11
OST-2007-28046 - Exemption and Foreign Air Carrier Permit - Germany-US Executive Charters

Issued August 7, 2007 | Served October 10, 2007

Final Order

By Order 2007-7-15, issued July 16,2007, 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