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DOT-OST-1995-557-0008

Notice

Notice of Action Taken Re: Amerijet International, Inc.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC Issued by the Department of Transportation on May 31, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-95-557 ________________________________________________________________________ _________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Application of Amerijet International, Inc. filed 12/1/99 to: XX Renew exemption for two years under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of property and mail between Miami/Ft. Lauderdale, Florida, on the one hand, and Caracas, Maracaibo, and Valencia, Venezuela, on the other, via intermediate and beyond points named in the U.S.-Venezuela aviation agreement, and to integrate this authority with its existing exemption and certificate authority and any authority it may acquire in the future.1 Applicant rep: John L. Richardson (202) 371-2258 DOT Analyst: Sylvia Moore (202) 366-6519 D I S P O S I T I O N XX Granted in part (subject to conditions, see below) XX Balance dismissed (see below) The above action was effective when taken: May 31, 2000, through May 31, 2002 Action taken by: Paul L. Gretch, Director Office of International Aviation XX The authority granted is consistent with the aviation agreement between the United States and Venezuela. Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated: XX Holder’s certificate of public convenience and necessity XX Standard Exemption Conditions (attached) (See Reverse Side) 2 Conditions: The authority granted to serve intermediate and beyond points is limited to countries with which the United States has signed open-skies agreements and/or countries for which Amerijet holds authority to serve under certificates and exemptions issued by the Department, and for which it holds route integration authority by virtue of either the present action or other action of the Department. The route integration authority granted is subject to the condition that any service provided under this exemption shall be consistent with all applicable agreements between the United States and the foreign countries involved. Furthermore, (a) nothing in the award of the route integration authority requested should be construed as conferring upon Amerijet rights (including fifth-freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless Amerijet notifies the Department of its intent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (b) should there be a request by any carrier to use the limited-entry route rights that are included in Amerijet’s authority by virtue of the route integration exemption granted here, but that are not then being used by Amerijet, the holding of such authority by route integration will not be considered as providing any preference for Amerijet in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. Dismissal: We dismissed the carrier’s request for route integration authority with respect to future certificate/exemption authority. When faced previously with comparable requests, we decided not to grant open route integration authority on a prospective basis (see, for example, Notices of Action Taken dated August 19, 1999 (Docket OST-99-6044) and November 25, 1998 (Docket OST-98-4788)). We also dismissed Amerijet’s request to serve Cuba and Brazil as intermediate points. With respect to Cuba, U.S. Government regulations currently preclude U.S. carriers from operating scheduled services between the United States and Cuba. (See 31 CFR Part 515.) Therefore, it is not the Department’s policy to award new scheduled authority to serve this market. With respect to Brazil, there are currently no all-cargo opportunities available for scheduled service in the U.S.-Brazil market. Remarks: The U.S.-Venezuela aviation agreement does not provide for coterminalization of Caracas and Maracaibo. These points may only be served as separate terminal points. The authority for which Amerijet requested renewal expired January 30, 2000, but had been kept in force pursuant to the provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR Part 377, pending action on its timely filed renewal application. ________________________________________________________________________ ______________ On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the applicant qualified to provide the services authorized. Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) immediate action was required and was consistent with Department policy; (2) grant of the exemption was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted or dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. (See Next Page) 3 Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR § 385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp 1 For service applicable to Amerijet’s request here, the U.S.-Venezuela agreement provides for service (1) from the Eastern zone of the United States via the Netherlands West Indies to Caracas and beyond to Trinidad and Tobago, Brazil, Uruguay and Argentina, and beyond to points beyond South America (except Europe); (2) from the Eastern zone of the United States, except New York, via Cuba, Haiti, the Dominican Republic, and the Netherlands West Indies to Caracas; (3) from the Eastern zone of the United States, except New York, via Cuba, Jamaica, and points on the Atlantic Coast of Colombia to Maracaibo. Amerijet currently holds authority on Route 597 to serve the Netherlands West Indies, Trinidad and Tobago, Haiti, the Dominican Republic, Jamaica, and Colombia. The remaining intermediate points “authorized” in the bilateral agreement but not now held by Amerijet are Brazil, Uruguay, Argentina, and Cuba. We, therefore have treated this part of Amerijet’s application as a request for intermediate authority to serve those points.

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2024-06-07T20:31:30.018202

regulations

DOT-OST-1996-1622-0011

Notice

Notice of Action Taken Re: Aerolineas Ejecutivas, S.A. de C.V.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on November 22, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST 96-1622 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: AEROLINEAS EJECUTIVAS, S.A. de C.V. Date Filed: September 12, 2000 Relief requested: Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment. If renewal, date and citation of last action: November 18, 1999; in this Docket. Applicant representative(s): Lee A. Bauer, 202-331-3300 Responsive pleadings: None. DISPOSITION Action: Approved. Action date: November 22, 2000 Effective dates of authority granted: November 22, 2000, through November 22, 2001. Basis for approval (bilateral agreement/reciprocity): United States-Mexico Air Transport Services Agreement of August 15, 1960, as amended and extended (Agreement). Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: X Standard exemption conditions. Special conditions/Partial grant/Denial basis/Remarks: In the conduct of these operations, the carrier must adhere to all applicable provisions of the U.S.-Mexico Agreement. In the conduct of these operations, the carrier may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds (small equipment). The above grant includes authority to conduct Third and Fourth Freedom charter operations. While we have subjected, consistent with the provisions of the Agreement, Mexican carriers conducting charter operations with large aircraft to prior approval of their Third and Fourth Freedom charters (see Order 92-2-7 at 5), we determined that a Third/Fourth Freedom prior-approval requirement was not necessary on public interest grounds in the case of this carrier, since it will be conducting these operations solely with small aircraft. (Other charter operations to/from the United States under this authority, however, are subject to prior approval under 14 CFR Part 212.) Further, we are continuing to allow Mexican carriers conducting passenger charters using small equipment to make stopovers in the United States in the conduct of such operations. Action taken by: Paul L. Gretch, Director Office of International Aviation ________________________________________________________________________ ________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp

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2024-06-07T20:31:30.020590

regulations

DOT-OST-1996-1636-0012

Notice

Notice of Action Taken Re: CORPORACION AEREA CENCOR, S.A. de C.V.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on November 22, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST 96-1636 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: CORPORACION AEREA CENCOR, S.A. de C.V. Date Filed: October 20, 2000 Relief requested: Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment. If renewal, date and citation of last action: November 23, 1999, in this Docket. Applicant representative(s): Lee A. Bauer, 202-331-3300 Responsive pleadings: None. DISPOSITION Action: Approved. Action date: November 22, 2000 Effective dates of authority granted: November 22, 2000, through November 23, 2001. Basis for approval (bilateral agreement/reciprocity): United States-Mexico Air Transport Services Agreement of August 15, 1960, as amended and extended (Agreement). Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: X Standard exemption conditions. Special conditions/Partial grant/Denial basis/Remarks: In the conduct of these operations, the carrier must adhere to all applicable provisions of the U.S.-Mexico Agreement. In the conduct of these operations, the carrier may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds (small equipment). The above grant includes authority to conduct Third and Fourth Freedom charter operations. While we have subjected, consistent with the provisions of the Agreement, Mexican carriers conducting charter operations with large aircraft to prior approval of their Third and Fourth Freedom charters (see Order 92-2-7 at 5), we determined that a Third/Fourth Freedom prior-approval requirement was not necessary on public interest grounds in the case of this carrier, since it will be conducting these operations solely with small aircraft. (Other charter operations to/from the United States under this authority, however, are subject to prior approval under 14 CFR Part 212.) Further, we are continuing to allow Mexican carriers conducting passenger charters using small equipment to make stopovers in the United States in the conduct of such operations. Action taken by: Paul L. Gretch, Director Office of International Aviation ________________________________________________________________________ ________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An elect潲楮⁣敶獲潩景琠楨⁳潤畣敭瑮椠⁳癡楡慬汢⁥ 湯琠敨圠牯摬圠摩⁥敗⁢瑡ഺ瑨灴⼺搯獭搮瑯朮癯⼯敲 潰瑲⽳敲潰瑲彳癡慩楴湯愮灳

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2024-06-07T20:31:30.022469

regulations

DOT-OST-1997-3051-0011

Notice

Delta Air Lines, Inc and Air Jamaica Limited - Joint Notice of Termination

December 7, 2000 By Facsimile Ms. Teresa Bingham Chief, U.S. Carrier Licensing Division Office of International Aviation U.S. Department of Transportation 400 Seventh Street, S.W., Room 6412 Washington, D.C. 20590 Re: Joint Applications of Delta Air Lines, Inc. ("Delta") and Air Jamaica Limited ("Air Jamaica"), Dockets OST-97-3051 Dear Ms. Bingham: Pursuant to the termination notice condition placed on the codeshare authority granted by Notice of Action Taken dated March 23, 2000 in the above-referenced docket, Delta and Air Jamaica hereby jointly notify the Department that Delta will cease displaying the “JM” designator code of Air Jamaica on flights operated by Delta between Atlanta and San Francisco, effective January 15, 2001. Sincerely, George U. Carneal Ronald P. Brower HOGAN & HARTSON L.L.P. Counsel for AIR JAMAICA LIMITED Robert E. Cohn Alexander Van der Bellen SHAW PITTMAN Counsel for DELTA AIR LINES, INC. cc: Docket OST-97-3051 (by Electronic Submission) Footnote continued from previous page Footnote continued on next page STYLEREF Recipient Ms. Teresa Bingham June 8, 2000 Page PAGE 2 HOGAN & HARTSON L.L.P. Columbia Square 555 13th Street, N.W. Washington, D.C. 20004-1109 (202) 637-6546 SHAW PITTMAN 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8060

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2024-06-07T20:31:30.024930

regulations

DOT-OST-1997-3124-0013

Notice

Notice of Action Taken Re: Delta Air Lines, Inc.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC Issued by the Department of Transportation on November 22, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-97-3124 ________________________________________________________________________ ______ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Application of Delta Air Lines, Inc. filed 11/1/00 to: XX Renew for two years exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Lima, Peru, and to combine this authority with its existing certificate and exemption authority. Applicant rep.: Robert E. Cohn, 202-663-8060 DOT analyst: Sylvia Moore, 202-366-6519 DISPOSITION XX Granted (subject to conditions, see below) The above action was effective when taken: November 22, 2000, through November 22, 2002 Action taken by: Paul L. Gretch, Director Office of International Aviation XX The authority granted is consistent with the aviation agreement between the United States and Peru. Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated: XX Holder’s certificates of public convenience and necessity XX Standard exemption conditions (attached) ________________________ Conditions: The route integration authority requested is granted subject to the condition that any service provided under this exemption shall be consistent with all applicable agreements between the United States and the foreign countries involved. Furthermore, (a) nothing in the award of the route integration authority requested should be construed as conferring upon Delta rights (including fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless Delta notifies us of its intent to serve such a market and unless and until the Department has completed any necessary selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (b) should there be a request by any carrier to use the limited-entry route rights that are included in Delta’s authority by virtue of the route integration exemption granted here, but that are not then being used by Delta, the holding of such authority by route integration will not be considered as providing any preference for Delta in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. (See Reverse Side) 2 On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the applicant qualified to provide the services authorized. Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp  APPENDIX U.S. CARRIER Standard Exemption Conditions In the conduct of operations authorized by the attached notice, the applicant(s) shall: (1) Hold at all times effective operating authority from the government of each country served; (2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized); (3) Comply with the requirements for reporting data contained in 14 CFR 241; (4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205; (5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses; (6) Comply with the applicable requirements of the Federal Aviation Administration Regulations, including all FAA requirements concerning security; and (7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States. The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

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2024-06-07T20:31:30.026665

regulations

DOT-OST-1998-4522-0019

Notice

Notice of Action Taken Re: American Airlines, Inc.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC Issued by the Department of Transportation on November 22, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-98-4522 ________________________________________________________________________ __________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Application of American Airlines, Inc. filed 10/18/2000 to: XX Renew exemption under 49 U.S.C. §40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between the United States and Riga, Latvia, and Tallinn, Estonia, via Helsinki, Finland. American plans to operate this service under a code-share arrangement with Finnair Oy. No answers to the application were filed. Applicant rep: Carl B. Nelson (202) 496-5647 DOT Analyst: Michael D. Bodman (202) 366-9667 D I S P O S I T I O N XX Granted The above action was effective when taken: November 22, 2000, through November 22, 2002. Action taken by: Paul L. Gretch, Director Office of International Aviation XX The authority granted is consistent with the aviation agreement between the United States and Finland and the overall state of aviation relations between the United States and Latvia and the United States and Estonia. Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated: XX Holder’s certificate of public convenience and necessity XX Standard Exemption Conditions (attached) XX Statement of Authorization approving American and Finnair code-share operations dated December 22, 1998, and conditions therein. ________________________________________________________________________ ____________________ On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the applicant qualified to provide the services authorized. Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the exemption was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR § 385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this order is available on the World Wide Web at http://dms.dot.gov//reports/reports_ aviation.asp APPENDIX A U.S. CARRIER Standard Exemption Conditions In the conduct of operations authorized by the attached notice, the applicant(s) shall: (1) Hold at all times effective operating authority from the government of each country served; (2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized); (3) Comply with the requirements for reporting data contained in 14 CFR 241; (4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205; (5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses; (6) Comply with the applicable requirements of the Federal Aviation Administration Regulations, including all FAA requirements concerning security; and (7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States. The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above. American’s original exemption application in this Docket (requesting authority to serve Riga and Tallinn) included a request for authority to serve St. Petersburg, Russia, as well. On December 22, 1998, the Department deferred on the application to the extent that American sought authority to serve St. Petersburg, Russia. That deferred portion of the application was subsequently granted by Order 2000-1-9 in Docket OST-99-5286. On December 22, 1998, the Department granted a joint application of American and Finnair (undocketed) for a Statement of Authorization to conduct code-share services, including the services at issue here. PAGE PAGE 3

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2024-06-07T20:31:30.029712

regulations

DOT-OST-1999-6644-0006

Notice

Notice of Action Taken re: Air Engiadina AG

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on September 27, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-99-6644 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: Air Engiadina AG Date Filed: December 14, 1999 Relief requested: Exemption from 49 U.S.C. 41301 and statement of authorization under 14 CFR 212 of the Department’s regulations to permit Air Engiadina to display the airline designator code of Northwest Airlines, Inc., on flights operated by Air Engiadina between Amsterdam, Netherlands, and Berne, Switzerland. If renewal, date and citation of last action: New authority Applicant representative: Charles Donley 202-626-6601 Responsive pleadings: None DISPOSITION Action: Approved Action date: September 27, 2000 Effective dates of exemption authority granted: September 27, 2000 - September 27, 2002 Effective dates of statement of authorization granted: Indefinite, subject to the code-share conditions, attached Basis for approval (bilateral agreement/reciprocity): The authority is provided for in the U.S.-Switzerland Air Transport Agreement. We found, based on the record, that the carrier is substantially owned and effectively controlled by citizens of Switzerland, properly licensed, and operationally and financially qualified to undertake the proposed operations. Finally, the FAA has advised us that it knows of no reason to withhold this authority. Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: X Standard exemption conditions (attached) __ Foreign air carrier permit conditions (Order - - ) Action taken by: Paul L. Gretch, Director Office of International Aviation ________________________________________________________________________ ____________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) immediate action was required and was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp  Appendix A FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY In the conduct of the operations authorized, the holder shall: (1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department; (2) Comply with all applicable requirements of the Federal Aviation Administration, including, but not limited to, 14 CFR Parts 129, 91, and 36; (3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (5) Conform to the airworthiness and airman competency requirements of its Government for international air services; (6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses; (7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition; (8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland; (9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data; (10) If charter operations are authorized, comply (except as otherwise provided in the applicable bilateral agreement) with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and (11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States. This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code (formerly the Federal Aviation Act of 1958, as amended). (41301/40109) 9/98 Air Engiadina AG - Docket OST-99-6644 The code-share operations authorized here are subject to the following conditions: (a) The statement of authorization will remain in effect only as long as (i) Air Engiadina and Northwest continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share and/or alliance agreement providing for the code-share operations remains in effect. (b) Air Engiadina and Northwest must promptly notify the Department if the code-share agreement providing for the code-share operations is no longer effective or the carriers decide to cease operating any or all of the approved code-share services. We expect this notification to be received within 10 days of such non-effectiveness or of such decision. Such notices should be filed in Docket OST-999-6644. (c) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulations concerning code-share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code-share journey for all obligations established in its contract of carriage with the passenger; that the passenger liability of the operating carrier be unaffected; and that the operating carrier shall not permit the code of its U.S. code-sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition; and (d) The authority granted here is specifically conditioned so that neither Air Engiadina nor Northwest shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions. We may amend, modify, or revoke this authority at any time without hearing.

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2024-06-07T20:31:30.032944

regulations

DOT-OST-1999-6719-0002

Notice

Notice of Action Taken Re: Aero Servicios Azteca, S.A. de C.V.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on December 18, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST 99-6719 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: AERO SERVICIOS AZTECA, S.A. de C.V. Date Filed: December 29, 1999 Relief requested: Exemption from 49 USC section 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment. Applicant representative: Eugene E. Smith, 210-590-1630 Responsive pleadings: None. DISPOSITION Action: Approved. Action date: December 18, 2000 Effective dates of authority granted: December 18, 2000, through December 18, 2001. Basis for approval (bilateral agreement/reciprocity): United States-Mexico Air Transport Services Agreement of August 15, 1960, as amended and extended (Agreement). Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: Standard exemption conditions. Special conditions/Partial grant/Denial basis/Remarks: We find that the carrier is operationally and financially qualified to conduct the operations it proposes and that it is substantially owned and effectively controlled by citizens of Mexico. In the conduct of these operations, the carrier may only use aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds (small equipment). The above grant includes authority to conduct Third and Fourth Freedom charter operations. While we have subjected, consistent with the provisions of the Agreement, Mexican carriers conducting charter operations with large aircraft to prior approval of their Third and Fourth Freedom charters (see Order 92-2-7 at 5), we determined that a Third/Fourth Freedom prior-approval requirement was not necessary on public interest grounds in the case of this carrier, since it will be conducting these operations solely with small aircraft. (Other charter operations to/from the United States under this authority, however, are subject to prior approval under 14 CFR Part 212.) Action taken by: Paul L. Gretch, Director, Office of International Aviation ________________________________________________________________________ ______________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the W牯摬圠摩⁥敗⁢瑡ഺ瑨灴⼺搯獭搮瑯朮癯⼯敲潰瑲⽳ 敲潰瑲彳癡慩楴湯愮灳

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2024-06-07T20:31:30.035441

regulations

DOT-OST-2000-7559-0045

Notice

Notice Revising Procedural Schedule

Posted: 12/18/2000 4:45p.m. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. _______________________________ In the Matter of U.S.-Brazil All-Cargo Frequencies and Designation Docket OST-2000-7559 ________________________________ Served: December 18, 2000 Notice Revising Procedural Schedule By Notice, served November 24, 2000, the Department set the procedural schedule for new entrant applicants in the above captioned proceeding, requiring that applications be filed on December 7, 2000, that answers to applications be filed on December 19, 2000, and that replies to answers to applications be filed on December 27, 2000. Gemini Air Cargo, Atlas Air, and Evergreen International are the only applicants to this proceeding. By letter dated December 11, 2000, Gemini Air Cargo requests the Department to extend the due date for replies to Friday, January 5, 2001. Gemini states that the extension is necessary because persons needed to prepare the reply are unavailable during the Christmas holiday period just prior to the present deadline and that the brief delay requested will not prejudice the public since it will have little effect on the date when the recipient of the fourth designation will be able to introduce service to Brazil. Counsel for Gemini further states that Atlas Air and Evergreen International, the other applicants in this proceeding, support the request for the reasons stated. Inasmuch as all parties support the requested extension and the requested deadline is for a short time period that will not prejudice the public interest, we will extend the period for the filing of Replies in the above-referenced proceeding to January 5, 2001.  We will serve this Notice on all parties to this proceeding by facsimile. By: PAUL L. GRETCH Director, Office of International Aviation (SEAL) Dated: December 18, 2000 An electronic version of this notice is available on the World Wide Web at http://dms.dot.gov//reports/reports_aviation.asp

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2024-06-07T20:31:30.039204

regulations

DOT-OST-2000-7656-0013

Notice

Delta Air Lines, Inc. - Notice

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, DC Applications of UNITED AIR LINES, INC. and AMERICAN AIRLINES, INC. Under 49 U.S.C. § 40109 for exemption (Los Angeles-San Jose del Cabo) ))))))))) Docket OST-2000-7656 and OST-2000-7714 NOTICE OF DELTA AIR LINES, INC., Communications with respect to this document should be sent to: D. Scott Yohe Senior Vice President Government Affairs DELTA AIR LINES, INC. 1275 K Street, N.W. Washington, D.C. 20005 (202) 216-0700 Robert E. Cohn Alexander Van der Bellen SHAW PITTMAN 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8060 Counsel for DELTA AIR LINES, INC. John Varley Assistant General Counsel DELTA AIR LINES, INC. Law Department #981 1030 Delta Boulevard Atlanta, Georgia 30320 (404) 715-2872 August 11, 2000 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, DC Applications of UNITED AIR LINES, INC. and AMERICAN AIRLINES, INC. Under 49 U.S.C. § 40109 for exemption (Los Angeles-San Jose del Cabo) ))))))))) Docket OST-2000-7656 and OST-2000-7714 NOTICE OF DELTA AIR LINES, INC., Delta Air Lines, Inc. (“Delta”) has determined not to pursue Los Angeles-San Jose del Cabo authority at this time, and accordingly will not be submitting an application in this proceeding. Respectfully submitted, ___________________________ Robert E. Cohn Alexander Van der Bellen SHAW PITTMAN 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8060 Counsel for DELTA AIR LINES, INC. August 11, 2000 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice of Delta Air Lines, Inc., has this 11th day of August, 2000, been served upon those persons listed below via facsimile transmission. Megan Rae Rosia Northwest Airlines 202-289-6834 Joanne Young Baker & Hostetler 202-861-1533 Carl Nelson American Airlines 202-857-4246 Barney Parrella GKMG Consulting 703-516-2773 Marshall Sinick Alaksa and ATA 202-626-6780 Jeffrey Manley Wilmer Cutler & Pickering 202-663-6363 Stephen Lachter Midway Airlines 202-835-3219 Glenn Wicks The Wicks Group, Inc. 202-457-7799 Donald Bliss O'Melveny & Myers 202-383-5414 or 15 Philip Depoian Los Angeles World Airports 310-646-9617 Linda Lundell DOT 202-366-3694 _________________________ Helena Richardson Footnote continued from previous page Footnote continued on next page Reply of Delta Air Lines, Inc. Page PAGE 2

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2024-06-07T20:31:30.041114

regulations

DOT-OST-2000-7714-0011

Notice

Delta Air Lines, Inc. - Notice

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, DC Applications of UNITED AIR LINES, INC. and AMERICAN AIRLINES, INC. Under 49 U.S.C. § 40109 for exemption (Los Angeles-San Jose del Cabo) ))))))))) Docket OST-2000-7656 and OST-2000-7714 NOTICE OF DELTA AIR LINES, INC., Communications with respect to this document should be sent to: D. Scott Yohe Senior Vice President Government Affairs DELTA AIR LINES, INC. 1275 K Street, N.W. Washington, D.C. 20005 (202) 216-0700 Robert E. Cohn Alexander Van der Bellen SHAW PITTMAN 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8060 Counsel for DELTA AIR LINES, INC. John Varley Assistant General Counsel DELTA AIR LINES, INC. Law Department #981 1030 Delta Boulevard Atlanta, Georgia 30320 (404) 715-2872 August 11, 2000 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, DC Applications of UNITED AIR LINES, INC. and AMERICAN AIRLINES, INC. Under 49 U.S.C. § 40109 for exemption (Los Angeles-San Jose del Cabo) ))))))))) Docket OST-2000-7656 and OST-2000-7714 NOTICE OF DELTA AIR LINES, INC., Delta Air Lines, Inc. (“Delta”) has determined not to pursue Los Angeles-San Jose del Cabo authority at this time, and accordingly will not be submitting an application in this proceeding. Respectfully submitted, ___________________________ Robert E. Cohn Alexander Van der Bellen SHAW PITTMAN 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8060 Counsel for DELTA AIR LINES, INC. August 11, 2000 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice of Delta Air Lines, Inc., has this 11th day of August, 2000, been served upon those persons listed below via facsimile transmission. Megan Rae Rosia Northwest Airlines 202-289-6834 Joanne Young Baker & Hostetler 202-861-1533 Carl Nelson American Airlines 202-857-4246 Barney Parrella GKMG Consulting 703-516-2773 Marshall Sinick Alaksa and ATA 202-626-6780 Jeffrey Manley Wilmer Cutler & Pickering 202-663-6363 Stephen Lachter Midway Airlines 202-835-3219 Glenn Wicks The Wicks Group, Inc. 202-457-7799 Donald Bliss O'Melveny & Myers 202-383-5414 or 15 Philip Depoian Los Angeles World Airports 310-646-9617 Linda Lundell DOT 202-366-3694 _________________________ Helena Richardson Footnote continued from previous page Footnote continued on next page Reply of Delta Air Lines, Inc. Page PAGE 2

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2024-06-07T20:31:30.042777

regulations

DOT-OST-2000-7986-0002

Notice

Notice of Action Taken Re: AOM-Minerve

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on November 20, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7986 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: AOM-Minerve Date Filed: September 22, 2000 Relief requested: Exemption from 49 U.S.C. 41301 and statement of authorization pursuant to 14 CFR 212 of the Department’s regulations to display the airline designator code of Air Caledonie S.A. on flights between Noumea, New Caledonia, and Los Angeles, CA. If renewal, date and citation of last action: New authority Applicant representative: Susan Gotbetter 212-318-3121 Responsive pleadings: None DISPOSITION Action: Approved Action date: November 20, 2000 Effective dates of exemption authority granted: November 20, 2000 - November 20, 2002 Effective dates of statement of authorization granted: Indefinite, subject to attached conditions Basis for approval (bilateral agreement/reciprocity): U.S.-France Air Transport Services Agreement. Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: X Standard exemption conditions (attached) Action taken by: Paul L. Gretch, Director Office of International Aviation ________________________________________________________________________ ____________________________________________________________ We found that the applicant was qualified to perform its proposed operations. Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp  Appendix A FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY In the conduct of the operations authorized, the holder shall: (1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department; (2) Comply with all applicable requirements of the Federal Aviation Administration, including, but not limited to, 14 CFR Parts 129, 91, and 36; (3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (5) Conform to the airworthiness and airman competency requirements of its Government for international air services; (6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses; (7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition; (8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland; (9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data; (10) If charter operations are authorized, comply (except as otherwise provided in the applicable bilateral agreement) with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and (11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States. This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code (formerly the Federal Aviation Act of 1958, as amended). (41301/40109) 9/98  Attachment -- Docket OST-00-7986 The code-share operations authorized here are subject to the following conditions: (a) The statement of authorization will remain in effect only as long as (i) AOM-Minerve and Air Caledonie continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement providing for the code-share operations remains in effect. (b) AOM-Minerve and/or Air Caledonie must promptly notify the Department if the code-share agreement providing for the code-share operations is no longer effective or the carriers decide to cease operating any or all of the approved code-share services. Such notices should be filed in Docket OST-00-7986. 1 (c) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulations concerning code-share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code-share journey for all obligations established in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected. (d) The authority granted here is specifically conditioned so that neither carrier shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions. ______________________ 1 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.

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regulations

DOT-OST-2000-7987-0003

Notice

Notice of Action Taken Re: Air Caledonie International S.A.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on November 20, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7987 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: Air Caledonie International S.A. Date Filed: September 22, 2000 Relief requested: Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Noumea, New Caledonia, and Los Angeles, CA. Air Caledonie proposes to conduct these operations pursuant to a code-share arrangement with AOM-Minerve S.A. If renewal, date and citation of last action: New authority Applicant representative: Susan Gotbetter 212-318-3121 Responsive pleadings: None DISPOSITION Action: Approved Action date: November 20, 2000 Effective dates of authority granted: November 20, 2000 - November 20, 20002 Basis for approval (bilateral agreement/reciprocity): The authority is provided for in the U.S.-France Air Transport Services Agreement. We found, based on the record, that the carrier is substantially owned and effectively controlled by citizens of France, properly licensed, and operationally and financially qualified to undertake the proposed operations subject to the conditions below. Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: X Standard exemption conditions (attached) X Statement of Authorization for AOM-Minerve and Air Caledonie code-share operations dated November 20, 2000, and conditions therein (Docket OST-2000-7986). X Special conditions: In the exercise of the authority granted, Air Caledonie is limited to using only aircraft provided by a duly authorized and properly supervised U.S. or foreign air carrier, and may not conduct U.S. operations using its own aircraft and crews without obtaining additional economic authority from the Department and meeting applicable requirements of the FAA. Action taken by: Paul L. Gretch, Director Office of International Aviation ________________________________________________________________________ ____________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp  Appendix A FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY In the conduct of the operations authorized, the holder shall: (1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department; (2) Comply with all applicable requirements of the Federal Aviation Administration, including, but not limited to, 14 CFR Parts 129, 91, and 36; (3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (5) Conform to the airworthiness and airman competency requirements of its Government for international air services; (6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses; (7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition; (8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland; (9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data; (10) If charter operations are authorized, comply (except as otherwise provided in the applicable bilateral agreement) with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and (11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States. This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code (formerly the Federal Aviation Act of 1958, as amended). (41301/40109) 9/98

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2024-06-07T20:31:30.046812

regulations

DOT-OST-2000-8197-0004

Notice

Notice of Action Taken Re: Volga-Denpr J.S. Cargo Airline

DOCKET OST 2000-8197 This serves as interim notice to the public of the action described below, taken orally by the Department official indicated; the confirming order or other decision document will be issued as soon as possible. Applicant: Volga-Dnepr J.S. Cargo Airline Date Filed: October 25, 2000 as amended November 15, 2000 Relief requested: Amend exemption, granted November 1, 2000, from 49 U.S.C. 40109(g) to change the dates of operation from November 6-7, 2000 to November 20-21, 2000, of a one one-way emergency cabotage cargo flight between North Island N.A.S., CA, and Denver, CO, using AN-124 aircraft, to transport an oversized launch vehicle and associated equipment on behalf of Lockheed Martin. In its initial request, the applicant stated that Lockheed Martin required urgent delivery to meet schedule constraints that include final integration activities and preparation for subsequent launch processing; that the cargo is too large for transportation on U.S. carrier aircraft; and that surface transportation is not feasible because of the time involved, the adverse effect a long road trip could have on the vehicle, and the vehicle’s size. Applicant representative: Glenn Wicks, (202) 457-7790 Responsive pleadings: The applicant served its request for amendment of its exemption on those U.S. carriers operating large all-cargo aircraft, and, at the Department’s request, polled those carriers to obtain their views. Each carrier indicated that it did not have aircraft available to conduct the proposed operation, and that it had no comment or did not oppose grant of the requested authority. DISPOSITION Action: Approved Action date: November 17, 2000 Effective dates of authority granted: November 20-21, 2000 Basis for approval: We found that our action was consistent with all the relevant criteria of 49 U.S.C. 40109(g) for the grant of an exemption of this type, and that the grant of this amended authority was required in the public interest. Moreover, based on the representations of the U.S. carriers, we concluded that no U.S. carrier had aircraft available which could be used to conduct the operation at issue here. We also found that grant of this amended authority would prevent unreasonable hardship to the charterer. Except to the extent exempted/waived, this authority is subject to the attached terms, conditions, and limitations. Special conditions/Partial grant/Denial basis/Remarks: The applicant shall comply with an FAA-approved flight routing for the authorized flight. Action taken by: FRANCISCO J. SANCHEZ Assistant Secretary for Aviation and International Affairs  Appendix A FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY In the conduct of the operations authorized, the holder shall: (1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department; (2) Comply with all applicable requirements of the Federal Aviation Administration, including, but not limited to, 14 CFR Parts 129, 91, and 36; (3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (5) Conform to the airworthiness and airman competency requirements of its Government for international air services; (6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses; (7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition; (8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland; (9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data; (10) If charter operations are authorized, except as otherwise provided in the applicable bilateral agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and (11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States. This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code (formerly the Federal Aviation Act of 1958, as amended).  U.S. Department of Transportation Office of the Secretary of Transportation (41301/40109) 9/98 NOTICE OF ACTION TAKEN

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2024-06-07T20:31:30.049156

regulations

DOT-OST-2000-8211-0003

Notice

Notice of Action Taken Re: BWIA International Airways Limited

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on November 21, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-2000-8211 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: BWIA International Airways Limited Date Filed: October 30, 2000 Relief requested: Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Trinidad and Tobago and Atlanta, GA, via the intermediate point Barbados. If renewal, date and citation of last action: New authority Applicant representative: William Evans 202-371-6000 Responsive pleadings: None DISPOSITION Action: Approved Action date: November 21, 2000 Effective dates of authority granted: November 21, 2000 - November 21, 2001 Basis for approval (bilateral agreement/reciprocity): Reciprocity Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: X Standard exemption conditions (attached) __ Foreign air carrier permit conditions (Order - - ) Special conditions/Partial grant/Denial basis/Remarks: Action taken by: Paul L. Gretch, Director Office of International Aviation ________________________________________________________________________ ____________________________________________________________ We found that the applicant was qualified to perform its proposed operations. Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp  Appendix A FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY In the conduct of the operations authorized, the holder shall: (1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department; (2) Comply with all applicable requirements of the Federal Aviation Administration, including, but not limited to, 14 CFR Parts 129, 91, and 36; (3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (5) Conform to the airworthiness and airman competency requirements of its Government for international air services; (6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses; (7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition; (8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland; (9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data; (10) If charter operations are authorized, comply (except as otherwise provided in the applicable bilateral agreement) with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and (11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States. This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code (formerly the Federal Aviation Act of 1958, as amended). (41301/40109) 9/98

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regulations

DOT-OST-2000-8256-0002

Notice

Notice of Action Taken Re: Aerovias Nacionales de Colombia, S.A. (AVIANCA)

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on November 21, 2000 NOTICE OF ACTION TAKEN -- DOCKET OST-2000-8256 ________________________________________________________________________ ________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter). Applicant: Aerovias Nacionales de Colombia, S.A. (AVIANCA) Date Filed: November 6, 2000 Relief requested: Exemption from 49 U.S.C. 41301 to serve Aruba as an intermediate point on authorized scheduled Colombia-U.S. services. If renewal, date and citation of last action: New authority Applicant representative: Robert Papkin 202-626-6600 Responsive pleadings: The applicant requested expedited action on its application and informed us that it had polled the parties serviced with its application and that none indicated any objection to a shortened answer period or to its application. DISPOSITION Action: Approved Action date: November 21, 2000 Effective dates of authority granted: November 21, 2000 - November 21, 2001 Basis for approval (bilateral agreement/reciprocity): U.S.-Colombia Air Transport Agreement Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: X Standard exemption conditions (attached) __ Foreign air carrier permit conditions (Order - - ) Special conditions/Partial grant/Denial basis/Remarks: Action taken by: Paul L. Gretch, Director Office of International Aviation ________________________________________________________________________ ____________________________________________________________ We found that the applicant was qualified to perform its proposed operations. Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within ten (10) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp  Appendix A FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY In the conduct of the operations authorized, the holder shall: (1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department; (2) Comply with all applicable requirements of the Federal Aviation Administration, including, but not limited to, 14 CFR Parts 129, 91, and 36; (3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office); (4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention; (5) Conform to the airworthiness and airman competency requirements of its Government for international air services; (6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses; (7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition; (8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland; (9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data; (10) If charter operations are authorized, comply (except as otherwise provided in the applicable bilateral agreement) with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and (11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States. This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code (formerly the Federal Aviation Act of 1958, as amended). (41301/40109) 9/98

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2024-06-07T20:31:30.053895

regulations

DOT-OST-2000-8353-0002

Notice

Notice of Action Taken Re: Volga-Dnepr J.S. Cargo Airline

DOCKET OST-2000-8353 This serves as interim notice to the public of the action described below, taken orally by the Department official indicated; the confirming order or other decision document will be issued as soon as possible. Applicant: Volga-Dnepr J.S. Cargo Airline Date Filed: November 17, 2000 Relief requested: Exemption pursuant to 49 U.S.C. section 40109(g) to permit it to operate one one-way cargo charter flight between Tulsa, OK, and Philadelphia, PA, on or about November 21, 2000, using its AN-124 aircraft, to transport an oversized cylindrical pressure vessel on behalf of Sunoco, Inc. The applicant stated that the vessel has been specially fabricated for Sunoco and is a crucial part of its refining process, and that timely delivery and installation will help to avoid possible heating oil shortages. It further stated that surface transportation was not feasible because of the time involved, the adverse effect a long road trip could have on the vessel, and the vessel’s size; that transportation by air was the only viable option; and that because of the size of the vessel transportation on U.S.-carrier aircraft was not possible. Applicant representative: Glenn Wicks 202-457-7790 Responsive pleadings: Volga-Dnepr served its application on those U.S. carriers operating large all-cargo aircraft. Each carrier indicated that it did not have aircraft available to conduct the proposed operation, and that it had no comment or did not oppose grant of the requested authority to Volga-Dnepr. DISPOSITION Action: Approved Action date: November 20, 2000 Effective dates of authority granted: November 21-24, 2000 Basis for approval: We found that the application met all the relevant criteria of 49 U.S.C. section 40109(g) for the grant of an exemption of this type, and that the grant was required in the public interest. Moreover, based on the representations of the U.S. carriers, we concluded that no U.S. carrier had aircraft available which could be used to conduct the operation at issue here. We also found that grant of Volga-Dnepr’s request would prevent undue hardship to the cargo and Sunoco. Except to the extent exempted/waived, this authority is subject to standard exemption conditions and to the condition that Volga-Dnepr comply with an FAA-approved flight routing for the authorized flight. Action taken by: FRANCISCO J. SANCHEZ Assistant Secretary for Aviation and International Affairs NOTICE OF ACTION TAKEN

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2024-06-07T20:31:30.056211

regulations