Cargolux Airlines International, S.A.

OST-2008-0046 - Amended Foreign Air Carrier Permit and Exemption - US-EU Open-Skies

January 29, 2008

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

Cargolux Airlines International, S.A. hereby applies for an amendment to its foreign air carrier permit to the full extent authorized by the new Air Transport Agreement between the United States and the European Community and the Member States of the European Community and exemption authority to conduct these services pending the issuance of an amended foreign air carrier permit.

Specifically, Cargolux requests authority to engage in: 1) foreign scheduled and charter air transportation of property, mail (and passengers on the upper deck of its freighter aircraft) 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 Unites States and beyond; 2) foreign scheduled and charter air transportation of property, mail (and passengers on the upper deck of its freighter aircraft) between any point or points in the United States and any point or points in any member of the European Common Aviation Area; 3) foreign scheduled and charter cargo air transportation between any point or points in the United States and any point or points worldwide; 4) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department's Economic Regulations; and 5) transportation authorized by any additional route rights made available to European Community carriers in the future. In addition, Cargolux currently holds and requests continuation of its waiver from obtaining prior Department approval for Fifth Freedom cargo charter flights under Part 212.9(b)(1). See Order 2002-5-7.

In operating its services, Cargolux currently uses a fleet of 15 Boeing B747-400F aircraft.

Counsel: Lachter & Clements, Stephen Lachter, 202-862-4321, slachter@lachter-clements.com

Order 2008-3-29
OST-2008-0046 - Amended Foreign Air Carrier Permit and Exemption - US-EU Open-Skies

Issued and Served March 26, 2008

Order Granting Exemption and To Show Cause

By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit attached as Appendix B to this order.

Cargolux currently holds a foreign air carrier permit, issued by Order 2002-5-7 in Docket DOT-OST- 1998-4605, to engage in (1) scheduled foreign air transportation of property and mail (and persons on the upper deck of its freighter aircraft) from points behind Luxembourg via Luxembourg and intermediate points to a point or points in the United States and beyond; (2) scheduled foreign air transportation of property and mail between the United States and any point or points; and (3) charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department's regulations governing charters. See Order 2002-5-7 in Docket DOT-OST-1998-4605.

By: Paul Gretch

Order 2008-6-29
OST-2008-0046 - Amended Foreign Air Carrier Permit and Exemption - US-EU Open-Skies

Issued April 18, 2008 | Served June 18, 2008

Final Order

By Order 2008-3-29, issued March 26, 2008, 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