Air Tahiti NUI

OST-2008-0009 - Foreign Air Carrier Permit and Exemption - Tahiti-US

January 8, 2008

Application for an Amended Foreign Air Carrier Permit and for Exemption Authority - Bookmarked

Air Tahiti Nui respectfully submits that the "Fair and Equal Opportunity" provisions set forth in Article 2 of the U.S.-EC Agreement and Article 11 of the Air Transport Agreement between the U.S. and France mandate similar treatment for Air Tahiti Nui's application for an amended Foreign Air Carrier Permit and expanded exemption authority. Also, the Department has already granted a number of EU carriers blanket open skies authority available under the U.S.-EC Agreement, including immediate authority to accept payment and issue tickets in anticipation of the effective date of the U.S.-EC Agreement. (See Order 2007-10-1 issued July 23, 2007 in Docket OST-2007-28149 (British Airways PLC); Order 2007-10-11 issued August 7, 2007 in Docket OST-2007-28046 (Air Executive Charter GmbH); Order 2007-10-24 issued August 21, 2007 in Docket OST-2005-21157 (Executive Airlines, S.L.); Order 2007-10-32 issued August 23, 2007 in Dockets OST-2007-28675 and 2000-6980 (Thomas Cook Airlines UK Limited); Order 2007-10-38 issued September 5, 2007 in Docket OST-2007-28550 (Aer Lingus); and Order 2007-10-23 issued October 19, 2007 in Docket OST-2007-29028 (Société Air France)). The Department should grant Air Tahiti Nui similar authority to accept payment and issue tickets to enable it to develop schedules, conduct marketing and engage in promotional activities required to implement the authority requested in this application immediately upon the effectiveness of the new U.S.-EC Agreement.

Air Tahiti Nui currently operates to the United States pursuant to its Foreign Air Carrier Permit issued by Order 2003-9-27 issued in Docket OST-1998-4330 on October 1, 2003.

Air Tahiti Nui offers code share services with Air New Zealand between Los Angeles, California and Papeete, Tahiti pursuant to authority granted by the Notice of Action Taken in Docket OST-2006-26553 on December 11, 2006. Air Tahiti Nui also offers code share services with Qantas Airways Limited (Qantas) between points in the United States and points in Tahiti, French Polynesia pursuant to authority granted by Notice of Action Taken in Docket OST-2005-22735 on October 20, 2005.

Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6600