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OST Docket Filings for March 16, 2017

 

Applications and Renewals:

Exec Air of Naples - Withdrawal of Commuter Air Carrier Application - Missing Since January 19, 2016

Orange Air - Notice of Intent to Resume Certificated Air Carrier Operations (Interstate and Foreign Passenger Charters)

Answers and Replies:

BVI Airways - Ex-Parte Letter to Virgin Islands Financial Secretary

PT Garuda Indonesia - Reply of Garuda to Answer of Kalitta Air

Notices of Action Taken:

AeroServicio del la Costa - Mexico-US Charters

Air Canada - Canada-US Codesharing with Virgin Australia

Virgin Atlantic - UK-US Codeshare with Jet Airways (India)

vivaAerobus - Mexico-US

Notices and Orders:

ImperialJet Europe - Final Order (EU-US Charter Passenger)

InterJet - Final Order (Mexico-US)




ABC Aerolineas, S.A. de C.V. d/b/a InterJet

Order 2017-3-9
OST-2008-0191 - Exemption and Foreign Air Carrier Permit - Toluca-Houston/Ontario, CA; Toluca-San Antonio; Guadalajara-Houston; Monterrey-Houston

Issued January 13, 2017 | Served March 16, 2017

Final Order

By Order 2016-12-18, issued on December 22, 2016, 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 are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Brian Hedberg

http://www.interjet.com.mx/

Index




Aerolances Nacionales, S.A. de C.V. d/b/a vivaAerobus

OST-2014-0134 - Exemption and Amendment to Foreign Air Carrier Permit - Mexico-US

Filed February 26, 2017 | Issued March 16, 2017

Notice of Action Taken

Exemption under 49 U.S.C. §40109 and an amended foreign air carrier permit under 49 U.S.C. §41301 to permit the applicant to engage in:

Scheduled foreign air transportation of persons, property and mail:

  1. From a point or points in Mexico to a point or points in the United States;
  2. From Acapulco, Hermosillo, Mexico City, Toluca, Monterrey, Oaxaca, Puerto Escondido, Tampico, Veracruz, Villahermosa and lxtapa/Zihuatanejo to Chicago, Kansas City, Minneapolis/St. Paul and St. Louis, and beyond to Canada;
  3. From Acapulco, Chihuahua, Guadalajara, Guaymas, Hermosillo, Huatulco, La Paz, Loreto, Manzanillo, Mazatlan, Mexico City, Toluca, Monterrey, Puerto Escondido, Puerto Vallarta, San Jose del Cabo, and lxtapa/ Zihuatanejo to Cleveland, Detroit, Philadelphia, Washington and Baltimore and beyond to Canada;
  4. From Acapulco, Guadalajara, Huatulco, Loreto, Manzanillo, Mazatlan, Mexico City, Toluca, Monterrey, Puerto Vallarta, San Jose del Cabo and lxtapa/ Zihuatanejo to Boston and New York, and beyond to Europe;
  5. From Cancun, Cozumel, Guadalajara, Merida, Mexico City, Toluca, and Monterrey to Houston and New Orleans, and beyond to Canada and Europe;
  6. From Guadalajara, Huatulco, Merida, Mexico City, Toluca, and Oaxaca to Miami, and beyond;
  7. From a point or points in Mexico, via an intermediate point or points, to a point or points in the United States, and beyond, as mutually agreed in writing by the aeronautical authorities of the partners; and

Charter foreign air transportation of persons, property and mail between any point or points in Mexico and any point or points in the United States; and from a point or points in Mexico, via an intermediate point or points, to any point or points in the United States, and beyond.

VivaAerobus’ current foreign air carrier permit was issued in Docket OST-2011-0148 on October 16, 2012, by Order 2012-10-19, and authorizes it to conduct,: 1) scheduled combination services in a number of Mexico-US markets; 2) Mexico-US charter operations; and 3) other charters pursuant to 14 CFR Part 212. See also Docket OST-2014-0160, where the applicant had previously filed a separate request for an amended foreign air carrier permit that remains pending. That request is subsumed by the exemption and permit authority that has been requested in the instant Docket. We also note that vivaAerobus has pending in Docket OST-2014-0134 an application dated August 4, 2015, for renewal of its Houston-Cancun exemption authority. In light of our present action granting the applicant broad Mexico-US exemption authority, we are dismissing its August 4, 2015, application as moot.

By: Brian Hedberg

http://www.vivaaerobus.com/

Index




AeroServicio del la Costa, S.A. de C.V.

OST-2016-0229 - Exemption - Mexico-US Charter Passenger

Filed November 20, 2016 | Issued March 16, 2017

Notice of Action Taken

Exemption under 49 USC §40109 to permit the applicant to conduct passenger charter and cargo operations between Mexico and the United States, and other charters in accordance with 14 CFR Part 212, using small aircraft. The applicant also requests stopover privileges and relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States. The applicant further requests that its exemption authority be granted for a period of at least one year.

The Agreement entered into force on August 21, 2016.

By: Brian Hedberg

Index




Air Canada

OST-2017-0035 - Statement of Authorization - Canada-US Codesharing with Virgin Australia

Filed March 8, 2017 | Approved March 16, 2017

Department Action on Application

Application of Air Canada for a statement of authorization for an indefinite duration under 14 CFR Part 212 to permit it to display the VA* designator code of Virgin Australia Airlines International Pty. Ltd. on flights operated by Air Canada between Toronto, Calgary and Montreal, Canada on the one hand, and Los Angeles, California on the other hand, which connect with services operated by Virgin Australia between Australia and Los Angeles.

The applicant states that some transborder services also may be performed by Air Canada rouge, Jazz Aviation LP, Sky Regional Airlines, Inc., or Air Georgian, carrying the AC* code. We note that each of these carriers holds the underlying economic authority and statements of authorization to display the AC* designator code on their transborder flights.

By: Shelita Johnson

http://www.aircanada.com/

Index


BVI Airways, Inc.

OST-2017-0032 - Exemption and Foreign Air Carrier Permit - British Virgin Islands-US Scheduled Combination

March 10, 2017

Ex-Parte Letter to Virgin Islands Financial Secretary

By: Brian Hedberg

Index


Exec Air Inc. of Naples d/b/a ExecAir

OST-2014-0149 - Commuter Authority - Miami/Key West-Naples

January 19, 2016

Re: Withdrawing Application for Commuter Air Carrier

Please be advised Exec Air Inc. of Naples Is withdrawing its application for Commuter air Carrier at this time due too the following reasons:

  • The FAA’s in ability to proceed in a timely manner due to shortage of qualified inspectors to complete reviews in a timely manner.
  • Exec Air is not able to demonstrate to the satisfaction to the DOT why the FAA has not issued new operational specifications for commuter air carrier despite having had in the past 12 month’s no less than four different inspectors reassigned as principle inspector to Exec Air for oversite of the Certificate, with a huge delay that nothing could be accomplished as each inspector already had a heavy case load and placed our application and manuals to the end of the list each time. Thus running the DOT time clock out.

Exec Air will reserve the right to re-apply for the Commuter economic authority at a later date once we have completed all required items of the FAA as the DOT seems to be a set to a one year clock by regulation that the FAA MIAMI FSDO-19 office does not have the staffing to complete and as an operator I have no control over.

By: John Swasey

http://www.execairline.com/

Index




ImperialJet Europe GmbH

Order 2017-3-10
OST-2016-0220
- Foreign Air Carrier Permit - EU-US Charter Passenger

Issued January 13, 2017 | Served March 16, 2017

Final Order

By Order 2016-12-19, issued on December 22, 2016, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a 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 USC §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Brian Hedberg

http://i-jet.com/

Index




Orange Air, LLC

OST-2011-0073 - Certificate of Public Convenience and Necessity - Interstate Passenger Charters
OST-2011-0074 - Certificate of Public Convenience and Necessity - Foreign Passenger Charters

March 16, 2017

Notice of Intent to Resume Certificated Air Carrier Operations

Motion for Confidential Treatment

Orange Air notifies the Department of its intent to resume certificated air carrier operations and submits updated fitness information as contemplated by sections 201.4 and 204.3 in the Exhibits and Confidential Exhibits attached to this application. Orange Air proposes to resume operations as expeditiously as possible, perhaps within weeks, as part of its restructuring.

Orange Air holds certificates authorizing interstate and foreign charter air transportation of persons, property and mail issued by Order 2014-7-19. After ceasing revenue operations in 2016, the principals of Orange Air have been considering how to restructure the company’s finances to resume operations. Discussions with the owner of US. charter air carrier World Atlantic Airlines, Tomas Romero, have led Mr. Romero to sup port the restructuring with interim financing while considering the acquisition of or other transaction with Orange Air. The immediate plan to resume operations involves the same air craft type under new leases, and there has been no change to date in ownership or key personnel. The original principals continue to back the airline by committing personal assets for Orange Air to meet the financial fitness test.

Counsel: Mietus Law, John Mietus, 202-747-5212

http://flyorangeair.com/

Index




PT Garuda Indonesia (Persero) Tbk.

OST-2017-0030 - Exemption and Amended Foreign Air Carrier Permit - Jakarta-Los Angeles via Tokyo (Narita)

March 16, 2017

Reply of Garuda to Answer of Kalitta Air

Kalitta’s concerns do not reflect the current reality that if Kalitta or any US cargo carrier applied for a similar fourth freedom cargo charter today, the Indonesian DGCA would look favorably on such application pursuant to the terms of the ATA. Garuda is not aware of any application for fourth freedom cargo charters by a US cargo carrier since Kalitta’s 2010 application - a far cry from Kalitta’s attempt to argue a lack of comity and reciprocity exists today.

Furthermore, Kalitta’s “apples and oranges” arguments are hardly relevant here: Kalitta made its application almost seven year ago and requested authority to operate a cargo charter flight. Garuda intends to operate scheduled passenger flights between Indonesia and the US. The service propose by Garuda will be the first direct single plane scheduled service between the two countries in over a decade, benefitting thousands of passengers, shippers and airline industry jobs in both countries and will therefore serve the public interest.

The Indonesian DGCA strongly supports Garuda’s application to operate to the US. Should the Department be inclined to give any weight to Kalitta’s objections, we strongly urge that any issues be resolved on a government to government basis - and not through the Department’s licensing dockets.

Counsel: Pillsbury Winthrop, Josh Romanow, 202-663-8000

Index




Virgin Atlantic Airways Ltd.

OST-2017-0033 - Statement of Authorization - UK-US Codeshare with Jet Airways (India)

Field March 6, 2017 | Approved March 16, 2017

Department Action on Application

Application of Virgin Atlantic Airways Ltd. for a blanket statement of authorization for an indefinite duration under 14 CFR Part 212 to permit it to display the 9W* designator code of Jet Airways (India) Ltd. on any curreilt or future flights Virgin Atlantic operates or may operate between the United Kingdom and the United States.

The applicant informally advised the Department that the Jet Airways' traffic transported by Virgin Atlantic will be limited to traffic transported by Jet Airways on its to London connecting to Virgin Atlantis's London-US flights.

By: Shelita Johnson

http://www.virgin-atlantic.com/

Index


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