Societe Air France

Order 2008-3-16
OST-2007-29028 - Amended Foreign Air Carrier Permit and Exemption - US-EU Open-Skies

Issued January 16, 2008 | Served March 17, 2008

Final Order

By Order 2007-10-23, issued October 19, 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.

On November 8, 2007, Société Air France filed a response to Order 2007-10-23. Air France states that it seeks to retain authority to conduct operations to certain points, authority which it holds in its current foreign air carrier permit issued by Order 2002-5-8, to the extent that such authority is not encompassed by the new U.S.-EU permit authority tentatively granted to it by the Department in Order 2007-10-23. Specifically, Air France notes that, among other things, its current permit authorizes it to engage in scheduled foreign air transportation of persons, property, and mail: (a) From points behind New Caledonia and/or Wallis and Futuna via New Caledonia and/or Wallis and Futuna to the United States; (b) From points behind French Polynesia via French Polynesia and intermediate points to the United States and beyond; and (c) From points behind Saint-Pierre and Miquelon via Saint-Pierre and Miquelon and intermediate points to the United States and beyond.

With respect to Air France’s request that it be able to continue to serve the markets described above, we note that, consistent with the terms of the U.S.-EU Agreement cited by Air France, and with the terms of the U.S.-France Air Transport Agreement, Air France’s currently-effective foreign air carrier permit, issued by Order 2002-5-8, will remain in full force and effect to the extent that it authorizes the referenced services. Therefore, our action in finalizing Air France’s new foreign air carrier permit in this proceeding will not alter the carrier’s existing permit authority to conduct these services. In view of the above, we make final our tentative findings and conclusions as set forth in Order 2007-10-23, and award Air France the attached foreign air carrier permit for U.S.-EU authority.

By: Paul Gretch