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Portugalia

http://www.flypga.com/


Portugalia - Companhia Portuguesa de Transportes Aereos S.A.

OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

May 5, 2008

Application for an Exemption and Statement of Authorization - Bookmarked

Motion for Confidential Treatment

Portugalia - Companhia Portuguesa de Transportes Aereos S.A. hereby applies for (i) an exemption under 49 U.S.C. § 40109 from the requirements of 49 U.S.C. § 41301 to the extent necessary to authorize PGA to perform charters under 14 C.F.R. Part 212 in order to wet lease aircraft to its parent company, TAP Portugal for use by TAP as described herein and (ii) a statement of authorization under 14 C.F.R. Part 212 to do so on a long-term basis. The aircraft wet leased from PGA will be used by TAP for TAP flights within Portugal and between Portugal and other European points, connecting to flights to/from the United States, consistent with TAP's existing authority from the Department and TAP's codeshare agreements with United Air Lines, Inc. and US Airways, Inc. PGA asks that the exemption authority be granted for a period of at least two years and that the statement of authorization be effective for an indefinite period.

PGA will not conduct any operations in the United States; rather, as noted at the outset, it seeks only the authority necessary to wet lease aircraft to TAP for intra-Portugal and intra-Europe flights of TAP which may connect to nights to/from the United States and which may display the UA* and US* codes pursuant to TAP's codeshare agreements with United and US Airways, respectively.

PGA commenced operations on July 7, 1990. It is a Portuguese regional carrier, operating scheduled flights on domestic routes in Portugal and international routes between Portugal and other European points, including points in Spain, France, Netherlands, Italy and Switzerland. It also operates charter services within Europe. Its fleet, which consists of regional aircraft, is used only to operate short-haul flights.

Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com



OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

May 14, 2008

Re: Polling Results

We wish to inform the Department that we have finished polling the U.S. airline representatives shown on the Service List attached to the PGA Application for an Exemption and Statement of Authorization pending in Docket OST-2008-0155, and none objects to approval of the application or to PGA's request for expedited action. 

As noted in the application, TAP Portugal intends to begin displaying the UA* code of United Air Lines, Inc. on the wet leased flights as soon as the requested authorities are granted. TAP's display of the US' code of US Airways, Inc. on the wet leased flights is subject to finalization of the necessary arrangements between US Airways and PGA.

Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com



OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

Filed May 5, 2008 | Issued August 11, 2008

Notice of Action Taken

Exemption from 49 USC §41301 to the extent necessary to permit the applicant to perform charters under 14 CFR Part 212 in order to wet lease aircraft to TAP Portugal for use by TAP for flights within Portugal and between Portugal and other European points. The applicant states that the flights it will operate for TAP will connect to flights to/from the United States, consistent with TAP’s existing authority from the Department and its code-share agreements with United Air Lines, Inc. and US Airways, Inc. The applicant requests that its exemption authority be granted for a term of at least two years. PGA states that it will not conduct any U.S. operations.

The applicant also requests a statement of authorization under 14 CFR Part 212 to permit it to wet-lease aircraft to TAP on a long-term basis for the operations described above. The applicant requests that its statement of authorization be granted for an indefinite period.

PGA states that the intra-Portugal and intra-European flights that it proposes to operate pursuant to its wet lease to TAP may display the (UA*) and (US*) designator codes of United and US Airways, respectively.

The applicant has requested confidential treatment of its financial submissions and the domicile information of its directors and senior officers, under the provisions of 14 CFR §302.12. Good cause having been shown, we will grant this request.

By: Paul Gretch



OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

July 28, 2010

Application for Renewal of an Exemption

PGA hereby applies for renewal of its exemption from 49 USC§ 41301 to the extent necessary to enable PGA to perfonn charters under 14 CFR Part 212 in order to wet lease aircraft to its parent company, TAP Portugal, for use by TAP as described herein. The aircraft wet leased from PGA are used by TAP for flights within Portugal and between Portugal and other European points, connecting to flights to/from the United States, consistent with TAP's existing authority from the Department and TAP's codeshare agreements with United Air Lines, Inc. and US Airways, Inc.

Counsel: Steptoe & Johnson, William Karas, 202-429-6223



OST-2008-0155 - Exemption and Statement of Authorization - Long Term Wet Lease to TAP Portugal

August 13, 2010

Application to Amend Exemption and Statement of Authorization

PGA hereby requests the Department to amend (i) its exemption from 49 USC § 41301 enabling PGA to perform charters under 14 CFR Part 212 in order to wet lease aircraft to its parent company, TAP Portugal for use by TAP as described herein; and (ii) its statement of authorization under 14 CFR Part 212 to do so on a long-term basis for the operations described herein. The aircraft wet leased from PGA are currently used by TAP for flights within Portugal and between Portugal and other European points, connecting with flights to/from the United States, consistent with TAP's existing authority from the Department and TAP's codeshare agreements with United Air Lines, Inc. and US Airways, Inc. The requested amendment would reflect recently-agreed codesharing arrangements between TAP and Continental Airlines, Inc., and an expansion of the scope of the wet lease operations under an arrangement with TAP to include flights to/from Africa.

PGA understands that TAP and Continental plan to commence codesharing services on or about September 30,2010, and TAP intends to begin displaying the CO* code of Continental on the wet leased flights as of that date, subject to grant by the Department of the required authorities, including approval of this application.

Counsel: Steptoe & Johnson, William Karas, 202-429-6223

OST-2010-0206 - Continental, Continental Micronesia, Colgan and TAP Portugal - US-Portugal Reciprocal Codesharing



OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

Filed August 13, 2010 | Approved September 9, 2010

Notice of Action Taken

(1) Renewal of exemption from 49 USC §41301 to the extent necessary to permit the applicant to perform charters under 14 CFR Part 212 in order to wet lease aircraft to TAP Portugal for use by TAP for flights within Portugal and between Portugal and other European points; and (2) Amendment of existing exemption from 49 USC §41301 and statement of authorization under 14 CFR Part 212 to the extent necessary to permit PGA to also wet lease aircraft to TAP for flights between Europe and Africa and to permit it to also display, in addition to the United and US Airways designator codes, the (CO*) designator code of Continental Airlines, Inc. on its authorized operations.

PGA states that it does not conduct any US operations and that the intra-Portugal and intra-European flights it operates for TAP connect to flights to/from the United States, consistent with TAP’s existing authority from the Department and TAP’s code-share agreements with United Air Lines, Inc. and US Airways, Inc. PGA further states that those flights may display the (UA*) and (US*) designator codes of United and US Airways, respectively, and notes that the Department has granted it a statement of authorization under 14 CFR Part 212 for an indefinite period to permit such operations.

By: Paul Gretch


 

OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

August 1, 2012

Application for Renewal of an Exemption

PGA hereby applies for renewal of its exemption from 49 USC § 41301 to the extent necessary to enable PGA to perform charters under 14 CFR Part 212 in order to wet lease aircraft to its parent company, TAP Portugal, for use by TAP as described herein. The aircraft wet leased from PGA are used by TAP for flights within Portugal, between points within Europe, and between European points and points in Africa, connecting to flights to/from the United States, consistent with TAP's existing authority from the Department and TAP's codeshare agreements with United Air Lines, Inc. and US Airways, Inc.

PGA's current exemption was granted by Notice of Action Taken issued on September 9, 2010. PGA requests renewal of the exemption for a period of at least two years.

The Department granted statements of authorization for blanket codesharing authority to TAP and United by a Notice of Action Taken issued on August 11, 2005 in Docket OST-2005-21686. The Department also granted blanket code sharing authority to TAP and Continental Airlines, Inc. by NOAT issued on September 9, 2010 in Docket OST-2008-0155. In light of the United-Continental merger, there is no longer any need for PGA's exemption authority to reference Continental. The Department approved the TAP-US Airways blanket codeshare arrangement by Department Action on Application issued May 17, 2006 in Docket OST-2006-24670.

Counsel: Steptoe & Johnson, William Karas, 202-429-6223


 

OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

Filed August 1, 2012 | Issued September 27, 2012

Notice of Action Taken

Renew exemption from 49 USC §41301 to the extent necessary to permit the applicant to perform charters under 14 CFR Part 212 in order to wet lease aircraft to TAP Portugal for use by TAP for flights within Portugal, between European points, and between European points and points in Africa. The applicant requests that its exemption authority be granted for a term of at least two years.

PGA states that it does not conduct any US operations and that the flights it will operate for TAP will connect to flights to/from the United States, consistent with TAP’s existing authority from the Department and its code-share agreements with United Air Lines, Inc. and US Airways, Inc. PGA further states that those flights may display the (UA*) and (US*) designator codes of United and US Airways, respectively, and notes that the Department has granted it a statement of authorization for an indefinite period to permit such operations.

By: Paul Gretch


 

OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

June 19, 2013

Merger Clarification

In light of United's merger into Continental and Continental's name change to "United Airlines, Inc." (as well as the corresponding change of its designator code from CO to UA), the references in PGA's statement of authorization to Continental and the CO* code are superfluous. Further, any reference to "United Air Lines, Inc." should instead be to "United Airlines, Inc." See Continental Airlines, Inc., et al., Order Reissuing Authority, Order 2013-3-14, Docket OST-2013-0032 (Mar. 28, 2013) ("[O]n or about March 31, 2013, United plans to merge into Continental Airlines, with Continental Airlines continuing to exist post-merger as the surviving entity. Following the merger Continental Airlines intends to change its corporate name from 'Continental Airlines, Inc.' to 'United Airlines, Inc.,' and thereafter conduct its operations under the 'United' brand name."). For good order's sake, PGA hereby requests that the Department reflect these changes in PGA's statement of authorization or interpret it as if the Department had done so.

PGA notes that when the Department last renewed PGA's exemption authority granted in the above-referenced docket, the Department, at PGA' s request, removed any references to Continental and the CO* designator code. See Notice of Action Taken, Docket OST-2008-0155 (Sept. 27, 2012). PGA therefore believes that its existing exemption authority requires no modification. However, PGA asks that the reference in its exemption authority to "United Air Lines, Inc." be interpreted as (or, to the extent the Department deems it necessary or desirable, that it be changed to) "United Airlines, Inc."

Counsel: Steptoe & Johnson, Carol Gosain, 202-429-3000


 

OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

August 29, 2014

Application for Renewal of an Exemption

PGA hereby applies for renewal of its exemption from 49 USC § 41301 to the extent necessary to enable PGA to perform charters under 14 CFR Part 212 in order to wet lease aircraft to its parent company, TAP Portugal (The aircraft wet leased from PGA are used by TAP for flights within Portugal, between points within Europe, and between European points and points in Africa, connecting to flights to/from the United States, consistent with TAP's existing authority from the Department and TAP's codeshare agreements with United Airlines, Inc. and US Airways, Inc.

The Department granted statements of authorization for blanket codesharing authority to TAP and United by a Notice of Action Taken issued on August 11, 2005 in Docket OST-2005-21686. The Department approved the TAP-US Airways blanket codeshare arrangement by Department Action on Application issued May 17, 2006 in Docket OST-2006-24670.

PGA does not conduct any operations in the United States; rather, as noted at the outset, it seeks only to renew its exemption authority necessary to wet lease aircraft to TAP on a long-term basis for use by TAP for flights within Portugal, within Europe and between Europe and Africa, which may connect with flights to/from the United States and which may display the UA* and US* codes pursuant to TAP's codeshare agreements with United and US Airways, respectively.

Counsel: Steptoe & Johnson, William Karas, 202-429-6223


 

OST-2008-0155 - Exemption and Statement of Authorization - Long-Term Wet-Lease with TAP Portugal

September 15, 2014

Answer of Atlas Air

Atlas Air, Inc. takes no position on the exemption request but wishes to comment on a related issue.

PGA, an EU airline, is seeking exemption renewal in order to continue to wet lease aircraft to another EU airline. The wet lease was authorized for an indefinite period by Notice of Action Taken, September 9, 2010, before the Department began to focus its full attention on the discriminatory impact of the European Union's Regulation No. 1008/2008, which limits the duration of US airline wet leasing to EU airlines to two consecutive periods of seven months.

Although DOT action has not been requested and is not required, the circumstances provide a concrete example of the disparity between the EU's treatment of wet leases between non-EU and EU airlines, on the one hand, and two EU airlines, on the other. Atlas continues to urge prompt remediation by the European Commission, as sought by the US government.

Counsel: Atlas Air, Russell Pommer, 202-822-9121


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