Thomas Cook Airlines UK Limited

OST-2007-28675 - Foreign Air Carrier Permit and Exemption - US-EU Open Skies Authority
OST-2000-6980 - UK-US Passenger Charter

July 3, 2007

Application for a Foreign Air Carrier Permit and an Exemption

Requests that the Department grant it a Foreign Air Carrier Permit so that Thomas Cook UK will be able to exercise new rights made available to European air carriers pursuant to the Air Transport Agreement between the United States and the European Community and the Member States of the European Union. Thomas Cook UK also requests that the Department amend its existing exemption from 49 U.S.C. § 413011 to the extent necessary to enable it to provide the services covered by this Application while the Department evaluates Thomas Cook UK's Application for a Foreign Air Carrier Permit.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@khlaw.com

Order 2007-7-23
OST-2007-28675 - Foreign Air Carrier Permit and Exemption - US-EU Open Skies Authority
OST-2000-6980 - UK-US Passenger Charter

Issued and Served July 31, 2007

Order Granting Exemption and to Show Cause

We will grant Thomas Cook Airlines exemption authority to the extent necessary to permit it (1) immediately to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008 (the date for provisional application of the U.S.-EU Agreement), to commence flight operations, for the services set forth in ordering paragraph 1 below. We will tentatively grant Thomas Cook Airlines a foreign air carrier permit for these services, to be effective March 30, 2008.

As an additional matter, Thomas Cook Airlines has requested that we grant it, in addition to authority currently contained in the U.S.-EU Agreement, authority to conduct “transportation authorized by any additional route rights made available to European Community carriers in the future.” We are granting Thomas Cook Airlines’ request for this authority by exemption (and tentatively granting it by foreign air carrier permit). We are, however, requiring Thomas Cook Airlines, before it commences any new service under this authority, to provide us with evidence that it holds a homeland license for that new service, unless it has already provided such evidence.

With respect to the applicant’s request for exemption authority, we find that grant of this authority, as conditioned, is consistent with the public interest. We also find that the applicant is financially and operationally qualified to perform the services authorized, and that it is substantially owned and effectively controlled by citizens of its homeland. We also find that the authority sought by the applicant is encompassed by the U.S.-EU Air Transport Agreement, for flight operations commencing March 30, 2008.

We find that grant of the requested exemption authority, as conditioned, for a two-year term, or until the requested permit authority becomes effective, whichever occurs earlier, is warranted.

By: Paul Gretch

Order 2007-10-32
OST-2007-28675 - Foreign Air Carrier Permit and Exemption - US-EU Open Skies Authority
OST-2000-6980 - UK-US Passenger Charter

Issued August 23, 2007 | Served October 25, 2007

Final Order | Word

By Order 2007-7-23, issued July 31, 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 Gretc