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OST-2007-29037 - Lufthansa - US-EU Open-Skies
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OST-2007-29037 - Amended Foreign Air Carrier Permit and Exemption - US-EU Open-Skies August 15, 2007 Application for Foreign Air Carrier Permit Amendment and Exemption Authority - Bookmarked On March 2, 2007, the United States and the European Community concluded the first phase of a new U.S.-EU air transport agreement, which was approved by the European Council on March 22, 2007 and signed on April 30, 2007. Lufthansa requests a permit amendment and exemption authority to enable it to operate the services currently permitted under that agreement and the automatic application of any additional rights that may be made available to European Community carriers in the future. The new U.S.-EU Agreement becomes effective on March 30, 2008, and Lufthansa requests that its new authority be made effective as of that date. Deutsche Lufthansa AG hereby applies for an amendment of its foreign air carrier permit and an exemption from the requirements of 49 U.S.C. 41301 to engage in: (1) scheduled and charter foreign air transportation of persons, property, and mail from any point or points behind any Member State(s) of the European Union via any point or points in any Member State(s) and via intermediate points to any point or points in the United States and beyond; (2) scheduled and charter foreign 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; (3) scheduled and charter foreign cargo air transportation between any point or points in the United States and any point or points in any third country or countries; (4) other charter foreign air transportation of persons, property and mail pursuant to the prior approval requirements under 14 C.F.R. Part 212; and (5) transportation authorized by any additional route or other rights made available to European Community carriers in the future. Lufthansa requests that the Department process this application pursuant to the streamlined regulatory procedures for licensing U.S. and foreign air carriers provided in the Department's Notice dated August 23, 2005 (Docket OST-2005-22228) by issuing a single order (1) granting the requested exemption authority for a two-year period or until the requested amended permit authority becomes effective, and (2) amending Lufthansa's foreign air carrier permit under the show-cause procedures outlined in that Notice. Counsel: Wilmer Hale, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com
September 26, 2007 Further to the Department's request, the attached contains additional information regarding Lufthansa's ownership structure. Counsel: Wilmer Hale, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com
Order 2007-10-37 Issued and Served October 26, 2007 Order Granting Exemption and to Show Cause We grant the request of Deutsche Lufthansa AG for an exemption under 49 U.S.C. 40109 to permit it (1) effective on the issue date of this order, to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008, to commence flight operations: a) foreign scheduled and 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; b) foreign scheduled and 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; c) foreign scheduled and charter cargo air transportation between any point or points in the United States and any other point or points; d) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department's regulations; and e) transportation authorized by any additional route rights made available to European Community carriers in the future. 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. 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 2008-1-20 Issued November 20, 2007 | Served January 24, 2008 By Order 2007-10-37, issued October 26, 2007, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended 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 |
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