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OST-99-5727

Aer Lingus Limited

The Aer Lingus wet-lease from World, which was approved on March 30, 1998 for operations through October 31, 1999 provides for operations between New York and Belfast via Shannon. Aer Lingus has taken all steps possible to assure that "from the consumer's perspective" the operation is viewed as an Aer Lingus operation. Aer Lingus not only bears legal responsibility to the passenger based on its contracts of carriage with the passenger but also has undertaken to provide its own "liability insurance for passenger, baggage, cargo, mail and aviation general third party liability insurances against all risks." To assure seamless Aer Lingus service, the cabin crew on board the flights are Aer Lingus employees, the configuration is an Aer Lingus configuration, the MD-11 jet aircraft is painted in Aer Lingus livery and Aer Lingus is responsible to passengers and shippers for meeting its own service standards. Thus, notifying passengers that the flight is "operated by World Airways" would only serve to confuse the passengers without meeting any objectives of the Department's rules.

Counsel:  Crowell Moring, Bruce Keiner, 202-624-2500

Aer Lingus Limited

By:  Bradley Mims

Aer Lingus Limited

The reasons which justified granting a waiver to Aer Lingus for its 1999 wet lease from World will continue to apply in the new year. Aer Lingus will again take all steps to assure that the operation is viewed as an Aer Lingus operation, bear legal responsibility to the passenger or shipper, procure its own insurance, provide Aer Lingus cabin crews and utilize an Aer Lingus configuration and livery. Most importantly, renewal of the waiver would prevent a conflict with security programs approved by the Federal Aviation Administration and Irish authorities-for the Aer Lingus flights using the World aircraft. Aer Lingus invokes the automatic extension provisions of 5 U.S.C. § 558(c), as implemented by Part 377 of the Department's Special Regulations, to continue this authority in effect pending action on this renewal application.

Counsel:  Crowell Moring, Thomas Newton Bolling, 202.624.2500

Aer Lingus Limited

By:  Barbara Schools

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