Cargo B Airlines nv/sa

OST-2008-0118 - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies Scheduled and Charter All-Cargo

March 21, 2008

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

Motion for Confidential Treatment

Cargo B Airlines NV/SA hereby applies for an exemption and a foreign air carrier permit authorizing Cargo B to engage in: (a) foreign scheduled and charter air transportation of property and mail from any point or points behind any Member State of the European Union, via any point or points in any EU 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 property and mail between any point or points in the United States and any other point or points worldwide; (c) other cargo charters pursuant to the prior approval requirements set forth in the Department's regulations governing charters; and (d) transportation authorized by any additional route rights made available to European Community carriers in the future, to the extent permitted by Cargo B's homeland license on file with the Department.

Cargo B Airlines NV/SA is a new Belgian all-cargo airline that introduced service with its first B-747-200 freighter in October 2007. The Company initially commenced scheduled all-cargo services between Brussels and points in Africa (including Libreville, Gabon; Johannesburg, South Africa; Nairobi, Kenya; and Cairo, Egypt) and, with the delivery of its second B-747-200 freighter, added service to Dakar, Senegal and points in South America (including Sao Paulo/Campinas, Brazil; and Latacunga, Ecuador) via the Caribbean (Bridgetown, Barbados). Cargo B is eager to add points in North America to its unique cargo network, particularly in anticipation of the delivery of its third B-747-200 freighter in April 2008. To that end, in order to provide Cargo B with the flexibility to add scheduled and charter service to and from the United States, the Applicant is seeking the full scope of DOT authority available to EU all-cargo carriers under the EU-U.S. open-skies agreement.

Cargo B plans to introduce service to one or more U.S. points as part of its weekly scheduled cargo flight rotations between Brussels and points in South America and the Caribbean. Cargo B also seeks the opportunity to operate occasional all-cargo charter flights to the United States in response to the requirements of shippers, and to exercise other route rights available to EU carriers under the EU-U.S. open-skies agreement. Cargo B has been providing freighter service of comparable character to points in Europe, Africa, the Middle East, South America, and the Caribbean since initiating operations late last year, and the Company is fully prepared and qualified to expand its service offerings to points in the United States.

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com

March 26, 2008

Re: Polling Results

We have polled representatives of the U.S. carriers served with the application of Cargo B Airlines NV/SA dated March 21, 2008, who have all have responded with no objections. In light of this lack of opposition, Cargo B respectfully requests the Department's prompt consideration and approval of its application so that it may commence all-cargo services authorized under the EU-U.S. open-skies agreement.

Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5439, jechmalian@hhlaw.com

Order 2008-4-34
OST-2008-0118 - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies Scheduled and Charter All-Cargo

Issued and Served April 24, 2008

Order Granting Exemption and to Show Cause

We grant the request of Cargo B Airlines NV/SA for an exemption under 49 U.S.C. §40109 for the services: (a) foreign scheduled and charter air transportation of 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 property and mail between any point or points in the United States and any other point or points worldwide; (c) other cargo charters pursuant to the prior approval requirements set forth in the Department’s regulations governing charters; and (d) transportation authorized by any additional route rights made available to European Community carriers in the future.

To the extent not acted upon above, we dismiss all requests for exemption authority in Docket OST-2008-0118.

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 and serve on the parties to this proceeding, a statement of objections specifying the part or parts.

By: Paul Gretch