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Jet Airways (India)

http://www.jetairways.com

 

Order 2019-7-9 - Ground Handling Operations of Foreign Air Carriers of India - Final Order - Suspension of Air India and Jet Airways Right to Self-Handle at US Airports

 


Jet Airways (India) Ltd.

OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

May 2, 2005

Application for a Foreign Air Carrier Permit

Jet Airways plans to continue its strategy of disciplined growth in the international arena by introducing long‑haul international services from May 2005, and it has selected the United States as one of the first destinations. Specifically, on or about June 23, 2005, Jet Airways plans to commence roundtrip service between Mumbai, India and Newark Liberty International Airport, via Brussels, Belgium, using Airbus 340‑300E aircraft equipped with 231 economy and 38 business class seats. Jet Airways initially plans to operate six weekly roundtrip flights to meet its current aircraft rotation requirements, and plans to increase its service to daily operations later in the year. These flights will provide much needed competition and service improvements to travelers and shippers seeking transportation alternatives between India and the United States generally, and Mumbai and the New York City area in particular.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21136 - Exemption - India-US Scheduled Passenger

May 2, 2005

Application for an Exemption

Jet Airways plans to introduce scheduled service between Mumbai, India and Newark, New Jersey via Brussels, Belgium on or about June 23, 2005, and is eager to begin marketing and selling tickets with sufficient lead time to guarantee a successful launch of its new India‑U.S. services. Accordingly, Jet Airways requests that the Department grant this application as quickly as possible. Jet Airways further requests that the exemption authority remain in effect for at least two years, or until 90 days after the Department acts favorably on Jet Airways' Application for a Foreign Air Carrier Permit, whichever occurs earlier.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-1995-236-361

April 30, 2004

Warsaw Agreement

By: Jet Airways, Peter Luethi


OST-2002-12556 - Deisgnation of Agent for Service

May 11, 2005

Designation of Agent

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

May 23, 2005

Re: Objection of Jet Airways

First of all JET AIRWAYS INC. objects to the use of its REGISTERED TRADEMARK JET AIRWAYS by this Al Qaeda company named 'Jet Airways (India Ltd. and demands that this applicant cease and desist the use of this name immediately. This Al Qaeda perpetrator has filed for a cancellation of an American company's REGISTERED TRADEMARK but this cancellation has not been granted to this 'Jet Airways (India) Ltd. and this Applicant is illegally and fraudulently using this trademark name.

Jet Airways (India) Ltd. was started and planned in 1991 it has been funded by Al Qaeda 'Specially Designated Global Terrorist' Dawood Ibrahim, and no matter how wonderful the service and the airline may be in India, it is still an enterprise which is used to launder money for Al Qaeda and it is still an Al Qaeda airline.

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com


OST-1998-3304 - Family Assistance Plans

May 19, 2005

Re: Family Assistance Plan

By: Jet Airways, Peter Luethi


OST-1998-3305 - Passenger Manifest Information

May 19, 2005

Re: Passenger Manifest Information

By: Jet Airways, Peter Luethi


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

May 27, 2005

Motion for Leave to File and Consolidated Reply of Jet Airways (India) to Answers of Jet Airways

The Objector's primary motivation for filing its answers clearly relates to a trade name dispute, an issue that is generally outside the Department's purview. The impropriety of the Objector's filing, however, goes far beyond simply raising trade name issues in an inappropriate forum since the Objector has falsely accused Jet Airways of being an "Al Qaeda airline" and has otherwise attempted to besmirch the good reputation of the company and its Chairman.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

May 31, 2005

Motion for Leave to File Late and Consolidated Answer of The Port Authority of New York and New Jersey in Support of Applications

The Port Authority is convinced that Jet Airways will provide convenient and reliable services that will attract and benefit business and leisure travelers and shippers seeking service to and from India. Jet Airways will provide additional competition and offer new service options to the travelers and shippers in the New York/New Jersey region. In addition, we anticipate passengers and cargo will transfer at Newark Liberty International Airport to and from the new Jet Airways flight.

By: Port Authority of New York and New Jersey, Bradley Rubinstein, 212-435-3741, brubinst@panynj.gov


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

May 31, 2005

Comments of Barb Sachau

subpart b - jet airways of india - should only be allowed to land at airports where a full security customs border patrol is present. this permit should be denied.

By: Barb Sachau


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 5, 2005

Correspondence of Moorthy S. Muthuswamy

I am a freelance terrorism analyst with a publication record extending over six years. I have no connection either at the present time or in the past with America‑based Jet Airways Inc. I am writing to advice you not to grant license to Jet Airways of India to operate flights to America. There is every reason to believe that Jet Airways of India has indeed been funded by jihadis. There is also another problem with Jet Airways of India: a very high proportion of its employees are Muslims. I suspect it is well over 50% (In India Muslim constitute only 14% of the population, and have among the highest illiteracy rates). This statistics is a clear giveaway, perhaps confirming its jihadi connections. Also, Indian Muslims are under the grip of jihad‑oriented clerics. Every available evidence points to Indian Muslims being pathologically opposed to America. A poll conducted a few years showed over 60% among Indian Muslims showing admiration for the Afghan Taliban.



OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 6, 2006

Re: Correspondence of IdeaWorks Company

By: Jay Sorenson, ideaworkscompany.com



OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger


June 10, 2005

Answer to Motion for Leave to File and Consolidated Reply of Jet Airways (India), Ltd to the Objections of Jet Airways, Inc. and Motion of Jet Airways for Leave to Extend Time

That the Applicant is dwelling on technical issues which have nothing to do with to call a valid defense of the serious allegations claimed against it. On June 5 and June 6, 2005, a low class thug who claimed to be a newspaper man, and then a detective, called and attempted to threaten and intimidate the officers and staff of JET AIRWAYS at their offices. Said "detective" stated that some attorneys had hired him to threaten and intimidate the staff of JET AIRWAYS. The "detective" did not state which attorney. Although an attorney must zealously defend his client this behavior is not acceptable.

By: Jet Airways, Nancy Heckerman


June 10, 2005

Correspondence of Moorthy Muthuswamy

This is a follow‑up to my earlier post on Jet Airways of India.  Since the dastardly events of Sept. 11, 2001, as part of risk management, the US has been proactive in defending itself against another attack. I strongly recommend that you at least look into possible jihadi links and influence at Jet Airways of India. The seed money or the initial investment made on Jet Airways, India is worth looking into. If it is funded by a jihadi outfit, such an outfit will continue to exercise considerable influence over Jet Airways of India. As you may note Jet Airways of India is largely foreign‑owned.



OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 14, 2005

Motion of Jet Airways (India) to Strike the Unauthorized Pleading of Jet Airways Dated June 10, 2005

These disruptive filings have prejudiced Jet Airways and interfered with the prompt consideration and approval of its exemption and foreign air carrier permit applications.

The Objector's pleadings contain misleading, unsubstantiated information based on false and scandalous reports in the foreign press. The Objector has made sensational allegations based on these discredited press reports in an effort to delay the Department's action on Jet Airways' applications, without providing a shred of credible evidence to support the claims. The Objector even admits that it is "searching for proof of facts and accuracy to support the Indian media's claims of fraud."

The language used by the Objector and the very nature of the allegations regarding Jet Airways and its Chairman - particularly the allegations regarding Al Qaeda ties - are, by any civilized standard, offensive. The Objector's fantastic claims regarding security risks stemming from these purported Al Qaeda ties - including references to "another 9/11" - are clearly intemperate. The Objector's pleading contains other defamatory accusations such as that Jet Airways employs "underworld tactics" and "terrorist tactics of extortion" makes "low class Mafia style threats" and, with its attorneys, hires "street thugs" to threaten the Objector's President.

Jet Airways urges prompt approval of its applications. As Jet Airways noted in its exemption and permit applications, under Article 3 of the U.S.‑India Open Skies agreement, the United States is obligated to "grant appropriate authorizations and permissions with minimum procedural delay" to duly designated, qualified applicants such as Jet Airways that are substantially owned and effectively controlled by citizens of India. Jet Airways is the first new‑entrant airline from India to seek U.S. authority under the Open Skies agreement. It would send the wrong signal to India (and other aviation trading partners) if the U.S. government were to allow hearsay and innuendo‑filled pleadings by an unknown, non‑operating company to delay the prompt grant of rights available under the recently concluded Open Skies agreement to a reputable Indian airline such as Jet Airways.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 9, 2005

Re: Further Comments of Jet Airways (USA)

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 17, 2005

Answer of Jet Airways (USA) to Motion to Strike Unauthorized Pleading of Jet Airways Dated June 10, 2005

That the Applicant filed a motion to consolidate its applications in a Motion for Leave to File and Consolidated Reply of Jet Airways (India) to Answers of JET AIRWAYS® Inc. How did the Applicant get its permission to consolidate its applications without a proper motion or an order given by a Decisionmaker?

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 17, 2005

Motion to Dismiss Jet Airways (India) Applications for Foreign Air Carrier Permit and Exemption

That attached to the JET AIRWAYS® Affidavit of this complaint is 'Exhibit Q' which contains four documents from members and official entities of the Indian Government which substantiate the Exhibits submitted with the JET AIRWAYS® Objection filed on May 23, 2005.

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 20, 2005

Motion of India Terrorism Victims Relief Foundation and InternationalWatch.org in Support of Application

Exhaustive investigation by IW and affiliates led to the identification of certain businesses and international conglomerates in India with terrorism connections. Jet Airways (India) Ltd. was not one of them.

India Terrorism Victims Relief Foundation and Internationalwatch.org respectfully urge the Department of Transportation to put an end to the Objector's totally disruptive pleading, and appeals for prompt approval of Jet Airway's applications. Furthermore, under the US.‑India Open Skies Agreement, the United States is obligated to "grant appropriate authorizations and permissions with minimum procedural delay" to duty designated, qualified applicants. Jet Airways is a highly qualified applicant. Delaying the process of entry into the U.S. Skies by a reputable airline like Jet Airways may even send the wrong signal to India, and perhaps other nations, who believe in such agreements.

By: P. Narayanan Kutty, 937-293-3789, pnkutty@indiaterrorismvictimsrelieffoundation.org


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 28, 2005

Answer of Jet Airways (India) to Motion to Dismiss

Jet Airways will not respond to each errant statement made by the Objector, but desires to set the record straight with regard to certain information contained in the Exhibits to the Objector's Motion to Dismiss.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

July 1, 2005

Supplement #1 to Application for a Foreign Air Carrier Permit - Bookmarked

On May 31, 2005, India's Ministry of Civil Aviation allocated traffic rights to Jet Airways for the Mumbai-Brussels-Newark route at a frequency of seven services per week. Attached as Revised Exhibit JA-5 is Jet Airways' reissued and updated Permit to Operate Scheduled Air Transport Services (Passenger/Cargo). Appendix 1 of the Permit, which lists the aircraft Jet Airways is permitted to use for its scheduled air transport operations, now includes three Airbus 340..300 aircraft, which Jet Airways intends to use for its Mumbai-Brussels-Newark flights and other long-haul services.

Attached as Exhibit JA‑7/A is a supplement to the Financial Information Exhibit (JA‑7) of Jet Airways' permit application. The supplement consists of the audited financial report for Jet Airways' most recent fiscal year ended March 31, 2005, accompanied by a Profit and Loss Account and Balance Sheet with Indian Rupees restated as U.S. Dollars based on the average exchange rate on March 31, 2005, as published by the Foreign Exchange Dealers Association of India.

Jet Airways remains eager to introduce its Mumbai‑Brussels­ Newark service as soon as possible, and will announce a new launch date for the service shortly after it has received all necessary U.S. governmental approvals.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21136 - Permit - India-US Scheduled Passenger

July 18, 2005

Comments of Moorthy Muthuswamy

India is among the weakest links in the war on terror. The jihadi network has infiltrated almost all aspects of Indian system. This network was probably responsible for influencing Indian political leadership into allowing Jet Airways to fly within India in the first place. The jihadi penetration has been very systematic and escalating under dysfunctional Indian democracy, not withstanding strong Indian economic growth we are seeing now. Increased reservation for Indian Muslims, including in its security forces and unstoppable migration of Muslims into its border areas from neighboring jihad-infested countries and jihadi controlled Muslim vote-bank politics are some of the ways jihadists are gaining ground in India.


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

November 10, 2006

Comments of US State Department

Recently, in the public docket of your proceeding on Jet Airways' application, there have been allegations of financial links between Jet's Chairman, Naresh Goyal, and Dawood Ibrahim, whom the U.S. has designated as a financier and supporter of terrorism. In response, our Departments have worked with our Embassy in New Delhi and the Indian government to determine the veracity of these allegations.

Given the high Indian priority on combating terrorism, we are convinced that India would not have allowed Jet Airways to continue flying if it were aware of any credible evidence of a link between Goyal and Ibrahim, or other terrorist activities. India's Minister of Civil Aviation has stated that his Ministry does not allow an airline to operate within India or to be designated for service to an overseas country until thorough investigation of the airline, and all security checks and clearances have been completed. India's current Minister of Civil Aviation Praful Patel recently has informed us again that his Ministry's investigation has fully cleared Jet Airways of all allegations related to terrorism financing. Further, the Department of State has reviewed all available information, and we have found no credible information to the contrary.

Based on this, the Department of State has concluded that at this time, there is no credible basis to link the finances of Jet Airways or Mr. Goyal with Mr. Ibrahim. We do not believe that the allegations contained in your public docket constitute a credible basis for the Department of Transportation to disapprove or to withhold approval for Jet Airways's application, and we urge that they not be a bar to granting application to operate air service to and from the United States, under the U.S.-India Air Transport Agreement.

By: Bureau of South and Central Asian Affairs, Richard Boucher


Order 2006-11-9
OST-2005-21136 - Exemption - India-US Scheduled Passenger

Issued and Served November 14, 2006

Order Granting Exemption

We have decided to grant the request of Jet Airways (India) for an exemption to conduct the services it has proposed, for a period of two years, or until 90 days after final Department action on the applicant's request for a foreign air carrier permit in Docket OST-2005-21135, whichever is earlier.

With respect to the issue raised by Jet Airways, Inc. concerning financial links between Jet Airways (India) (and Mr. Goyal), and Mr. Ibrahim, the advice from the Department of State persuades us that the assertions of Jet Airways, Inc. on this issue do not form a basis for our withholding the authority the applicant has requested in this proceeding.

With respect to the trade name matter raised by Jet Airways, Inc., we would point out that we do not make public interest determinations under our regulations (14 CFR Part 215) concerning name similarity. Rather, the responsibility for resolution of name disputes rests with the affected carriers through recourse to trade name statutes and the civil courts. Accordingly, the issue concerning the applicant's name does not support denial of the authority requested by Jet Airways (India).

By: Andrew Steinberg


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

January 3, 2007

Supplement #2 to Application for a Foreign Air Carrier Permit

Jet Airways' intended inaugural U.S. route remains Mumbai-Brussels-Newark. Jet Airways currently plans to introduce this service in July or August 2007, operating on a daily basis. In addition, Jet Airways is finalizing a proposal to commence daily transpacific service between India and San Francisco or Los Angeles, via an intermediate point, from the beginning of the IATA 2007-08 Winter schedule (i.e., in October/November 2007). The precise start dates for the Newark and West Coast services will depend on the timely delivery of new long-range aircraft, as described in greater detail below. Jet Airways' proposed services are fully consistent with the U.S.-India Open Skies agreement.

Jet Airways plans to provide its India-U.S. services initially using Boeing 777-300ER aircraft equipped with 8 first class, 30 business class, and 274 economy class seats. In this regard, Jet Airways plans to acquire ten 777s, financed under Ex-Im Bank guarantees (for which preliminary commitments have been made), with deliveries scheduled to commence in April 2007. Jet Airways also plans to take delivery of eleven additional Airbus 330-200 aircraft between January 2007 and November 2008.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546



OST-2005-21136 - Exemption - India-US Scheduled Passenger

October 14, 2008

Application for Renewal of Exemption

Jet Airways was granted initial India-U.S. exemption authority by Order 2006-11-9, which remains in effect for a two-year period expiring November 14, 2008, or until 90 days after final Department action on Jet Airways' pending application for a foreign air carrier permit in Docket OST-2005-21135, whichever is earlier. Jet Airways requests renewal of its exemption for another two-year term, but urges concurrent processing and issuance of the requested foreign air carrier permit.

Pursuant to the exemption authority granted by Order 2006-11-9, Jet Airways currently provides valuable one-stop service between (1) Mumbai and Newark, via Brussels; (2) Chennai and New York, via Brussels; and (3) Mumbai and San Francisco, via Shanghai. Jet Airways also offers connecting service between Delhi and (effective October 31, 2008) Bengaluru (formerly called Bangalore), on the one hand, and New York/Newark, on the other hand, via Brussels, as well as code-sharing service on. routes operated by American Airlines, Inc. Jet Airways' long-range fleet currently includes 11 Airbus 330-200s and 10 Boeing 777-300ERs.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546



OST-2009-0049 - Statement of Authorization - India-US Codeshare

February 25, 2009

Application for a Statement of Authorization

Hereby applies for a statement of authorization under 14 C.F.R. Part 212 to permit Jet Airways to operate flights outside the United States under long-term wet-leases to Gulf Air Company which display the AA* designator code of American Airlines. The first flights displaying the AA* code under the wet-lease arrangements are scheduled to commence on or about March 3, 2009. Accordingly, Jet Airways respectfully requests expedited approval of this application and a waiver of the 45-day advance filing requirement of § 212.1 0(d)(2). Jet Airways further requests that the statement of authorization remain in effect as long as the wet-lease arrangements remain in effect.

After a transition period of approximately six months, operational control of each wetleased aircraft is intended to be transferred to Gulf Air under dry‑lease arrangements.

Jet Airways and Gulf Air have entered into agreements whereby Jet Airways will wet lease four B777-300ER aircraft to Gulf Air. The first of the four airplanes is scheduled to be deployed on the Bahrain-London route beginning on or about March 3, 2009. American's AA* code is already displayed on Gulf Air's flights on this route, and Gulf Air and American desire to continue code-sharing on the flights that will be operated by Jet Airways under the wet-lease to Gulf Air. In addition, as the other three B777-300ERs enter into service, they may be deployed on other Gulf Air routes that currently display the AA* code. Accordingly, Jet Airways requests that the display of the AA* code be authorized with respect to the Bahrain-London flights as well as all other Gulf Air flights outside the United States on which American's code is currently displayed, subject to the Department's standard conditions and requirements applicable to code-sharing statements of authorization.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546



OST-2005-21136 - Exemption - India-US Scheduled Passenger

Filed October 14, 2008 | Issued September 28, 2009

Notice of Action Taken

Renewal of exemption from 49 USC § 41301 to permit the applicant to engage in: 1) scheduled foreign air transportation of persons, property and mail from points behind India, via India and intermediate points, to a point or point in the United States, and beyond; and 2) charter foreign air transportation of persons, property and mail between India and the United States, and between the United States and third countries (provided that such charter traffic is carried on a flight that serves India for purposes of carrying traffic between India and the United States), without prior Department approval, and to conduct other charter trips in foreign air transportation subject to the terms, conditions, and limitations of the Department's regulations governing charters. The applicant requests that the authority be granted for a two-year term.

By: Paul Gretch



OST-2009-0049 - Statement of Authorization - India-US Codeshare

October 19, 2009

Re: Withdrawal of Application

Jet Airways (India) Ltd. hereby withdraws the application filed on February 25, 2009 in the above-referenced docket, as the wet-lease arrangements described in that application are no longer in affect.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546



OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

December 2, 2009

Re: Additional Information Response

  1. Ownership
  2. Directors, Officers and Key Management Personnel

Counsel: Hogan & Hartson, George Carneal, 202-637-6546



Order 2009-12-15
OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

Issued and Served December 18, 2009

Order to Show Cause

By this order we tentatively find that it is in the public interest to grant the applicant a foreign air carrier permit.

We direct all interested persons to show cause why our tentative decision on the application of Jet Airways (India) Ltd., set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch



Order 2010-3-19
OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

Issued January 11, 2010 | Served March 16, 2010

Final Order

By Order 2009-12-15, issued December 18, 2009, 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: Paul Gretch


 

Order 2013-10-11
OST-2013-0004 - Violations of 14 CFR Part 244 and 49 USC 41708

Issued and Served October 22, 2013

Consent Order

This consent order results from the failure of Jet Airways (India) Ltd. to provide accurate tarmac delay information to the Department of Transportation in violation of 14 CFR Part 244 and 49 USC § 41708. This order directs Jet Airways to cease and desist from future similar violations of Part 244 and section 41708, and assesses the carrier $10,000 in civil penalties.

Jet Airways is a foreign air carrier as defined by 49 USC § 40102(a)(21)3 that operates scheduled service into Newark Liberty International Airport, a large hub airport, using at least one aircraft having a designed seating capacity of 30 or more passenger seats. On October 29, 2011, as a result of a winter weather event, Jet Airways flight 228, traveling from Brussels Airport in Belgium to Newark Liberty International Airport, diverted to Bradley International Airport. BDL is not a regular diversion airport for Jet Airways and, consequently, the carrier did not have a coordinated contingency plan with BDL when it decided to divert there on October 29, 2011.5 An investigation by the Office of Aviation Enforcement and Proceedings revealed that after being diverted to BDL, 217 passengers were delayed on the tarmac for five hours and fourteen minutes on flight 228.

Additionally, in its original certified October 2011 BTS Form 244 filing, Jet Airways reported a tarmac delay of four hours and forty minutes. After the Enforcement Office initiated an investigation of the circumstances surrounding the lengthy tarmac delay, Jet Airways re-examined its data and concluded that it had made an erroneous report to the Department and that the actual length of the delay was five hours and fourteen minutes. Jet Airways then filed a corrected BTS Form 244; however, the corrected data was filed only after the ATCR had been published and released to consumers. Jet Airways’ failure to submit accurate data in accordance with 14 CFR 244.3 wasted valuable Department resources, since it was only after the Enforcement Office initiated its investigation and Jet Airways re-examined its data that the inaccuracy was discovered. Additionally, the Department had to expend further resources to reissue the ATCR with Jet Airways’ corrected data.

By: Samuel Podberesky


 

Order 2019-4-15
OST-2019-0066

Issued and Served April 19, 2019

Order to File Schedules

By this Order, and another order being issued concurrently (Order 2019-4-16), the US Department of Transportation is taking steps to address the failure of the Indian Government to permit US carriers to exercise their bilateral right to perform their own ground handling (to “self-handle”) at Indian airports. Specifically, in this Order, we are imposing Phase 1 schedule filing requirements under 14 CFR Part 213 of the Department’s regulations to cover all of the scheduled combination services of the captioned foreign air carriers operated to/from the United States.

In Order 2019-4-16, we impose ground-handling reporting requirements on Air India Limited d/b/a Air India and, subject to show-cause procedures, we tentatively amend the foreign air permits of any Indian foreign air carrier serving the United States with its own aircraft (meaning at present, Air India) to suspend their right to self-handle in the United States.

Air India Limited d/b/a Air India and Jet Airways (India) Ltd. shall file with the Director, Office of International Aviation (X-40), by July 1, 2019, an original and three copies of any and all of their existing schedules for combination services, including code-share, common branding, and extra sections, between any point or points in the United States and any point or points not in the United States, which shall include:

  • the type of equipment used or to be used,
  • the frequency and day(s) of operation of each flight,
  • the specific airport served at each point, and
  • the time of arrival and departure at each point.

Air India Limited d/b/a Air India and Jet Airways (India) Ltd. shall file with the Director, Office of International Aviation (X-40), an original and three copies of any and all of their proposed schedules for combination services, including code-share, common branding, and extra sections, between any point or points in the United States and any point or points not in the United States, including the information noted in ordering paragraph 1 above, the proposed effective date of such schedules, and the proposed termination date of such schedules (if known), at least 30 days prior to inauguration of service.

By: Joel Szabat

 

Order 2019-4-16
OST-2019-0066

Issued and Served April 19, 2019

Order Imposing Reporting Requirements and to Show Cause

By this Order, and another order being issued concurrently (Order 2019-4-15), the US Department of Transportation is taking steps to address the failure of the Indian Government to permit US carriers to exercise their bilateral right to perform their own ground handling (to “self-handle”) at Indian airports. Specifically, in this Order, pursuant to 49 USC § 41708(b), we are requiring any Indian airline serving the US-India market with its own aircraft to report all of its arrangements for ground-handling at each US airport that it serves, and we are making a tentative decision pursuant to 49 USC § 41304(a) and 49 USC § 41305(b) to amend the operating authority of Indian carriers to suspend rights to self-handle at US airports.

We are aware that Air India does not, at present, exercise its right to self-handle at US airports; nevertheless, we deem it relevant to understand what arrangements for ground-handling it has at US airports.

By: Joel Szabat


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