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Transcarga International Airways, C.A.

http://www.transcarga.net/

 

OST-2019-0072 - Suspension of Air Service to and from Venezuela


OST-01-11230 December 21, 2001 Application for Foreign Air Carrier Permit Foreign Air Carrier Permit; U.S.- Venezuela
     Exhibit 1:  Directors, Management  
        Exhibit 2:  Certificate of Insurance     
     Exhibit 3:  Certificates     
     Exhibit 4:  Resumes    
     Exhibit 5:  Aircraft  
     Exhibit 6:  Balance Sheet   
       Exhibit 7:  First Year Projections   
OST-95-236 December 21, 2001 Exhibit 8:  Agreement Warsaw Agreement
OST-98-3304 December 21, 2001 Exhibit 9:  Family Assistance Plan Family Assistance Plan
      Exhibit 10:    Verification   
     Service List    
OST-01-11231 December 21, 2001 Application for Exemption U.S.- Venezuela
    Service List  

OST-01-11230
OST-01-11231
 

January 7, 2002 Answer of the City of Houston and the Greater Houston Partnership U.S.- Venezuela
    Service List  

OST-01-11231 

January 9, 2002 Motion to File an Otherwise Unauthorized Document U.S.- Venezuela
    Service List  
    Answer of Arrow Air  
    Service List  

OST-01-11231 

January 16, 2002 Reply of Transcarga Airways,  to Answer of Arrow Air U.S.- Venezuela
    Service List  
OST-01-11231 Filed December 21, 2001
Issued February 22, 2002
Notice of Action Taken Venezuela- U.S. Charter Cargo
OST-01-11230 February 19, 2003 Application for Renewal of Exemption from 49 USC Section 41301 Venezuela-US All-Cargo Charters
    NOAT from Feb 2002  
    Officers and Directors  
    Venezuela License  
    Resume for John Spittler  
    Financials for 2002  
    Verification  
OST-01-11231 February 27, 2003 Application for Renewal of Exemption US-Venezuela Charter
       

Filed February 21, 2003 | Issued July 14, 2003

OST-01-11231 - US-Venezuela Charter

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of property and mail between Venezuela and the United States; and other all-cargo charters in accordance with 14 CFR Part 212 of the Department's rules. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.

By: Paul Gretch


OST-01-11231 - Venezuela-US All-Cargo

July 14, 2004

Application for Renewal of Exemption

Engage in charter (non-scheduled) foreign air transportation of property and mail between a point or points in Venezuela, on the one hand, and a point or points in the United States of America, to include Miami, Florida; New York, New York; Houston, Texas; Aguadilla, Puerto Rico; and San Juan, Puerto Rico, subject to the Department's regulations, pending action on its application for a foreign air carrier permit filed December 21, 2001, and including authority limited to wet lease operations with a duly authorized and properly qualified U.S. or Category I foreign air carrier, pending grant of the fijI I relief requested in that permit application.

By: Luis Felipe Ayala Villanueva, 786-265-0007

OST-01-11230 - Foreign Air Carrier Permit


OST-98-3304 - Family Assistance Plans

August 24, 2004

Re: Amended Family Assistance Plan

Counsel: Roller Bauer, Moffett Roller, 202-331-3300, mroller@rollerbauer.com


OST-01-11231 - Exemption - Venezuela-US Cargo Charters

Filed July 14, 2004 | Issued September 24, 2004

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of property and mail between Venezuela and the United States; and other all-cargo charters in accordance with 14 CFR Part 212 of the Department’s rules.  The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.

The authority granted above is subject to the wet lease condition. Venezuela is a Category 2 country under the FAA’s IASA program

By: Paul Gretch


OST-2001-11231 - Exemption - Venezuela-US Cargo Charters

Filed September 22, 2005 | Issued April 17, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to engage in charter foreign air transportation of property and mail between Venezuela and the United States; and other all-cargo charters in accordance with 14 CFR Part 212. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.

By: Paul Gretch



OST-2001-11231 - Exemption - Venezuela-US Cargo Charters

April 14, 2008

Application for Renewal of Exemption - Bookmarked

TRANSCARGA respectfully requests that the Department grant Transcarga International Airways, C.A. a fourth renewal of its exemption from the provisions of 49 U.S.C. 41301, pursuant to 49 U.S.C. 40109 and 14 C.F.R. Part 302, authorizing it to engage in charter (non-scheduled) foreign air transportation of property and mail between a point or points in Venezuela, on the one hand, and a point or points in the United States of America, to include Miami, Florida; New York, New York; Houston, Texas; Aguadilla, Puerto Rico; and San Juan, Puerto Rico, subject to the Department's regulations, pending action on its application for a foreign air carrier permit filed December 21, 2001, and including authority limited to wet lease operations with a duly authorized and properly qualified U.S. or Category 1 foreign air carrier, pending grant of the full relief requested in that permit application.

TRANSCARGA'S original Venezuelan operating authority certificate has been renewed temporarily and is valid through May 12, 2008. All airlines in Venezuela, including TRANSCARGA, are in the process of being re-certified, TRANSCARGA anticipates receiving its renewed operating authority certificate shortly.

Counsel: Michael Ortiz, 305-476-5270


 

OST-2001-11231 - Exemption - Venezuela-US Cargo Charters

April 27, 2012

Application for Amendment and Renewal of an Exemption

Motion for Confidential Treatment

Transcarga respectfully requests that the Department: (1) amend the above-captioned exemption, granted by Notice of Action Taken dated April 17, 2007, to remove the condition requiring that Transcarga use wet-leased aircraft; (2) renew and extend for an additional, one-year period the exemption as so amended; and (3) grant such additional or other relief as the Department may deem necessary or appropriate.

Transcarga has held Department authority since 2002 to engage in charter foreign air transportation of property and mail between Venezuela and the United States and other all-cargo charters in accordance with 14 CFR Part 212.

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


 

OST-2001-11231 - Exemption - Venezuela-US Cargo Charters

Filed April 27, 2012 | Issued June 1, 2012

Notice of Action Taken

Renewal of exemption from 49 USC § 41301 to permit the applicant to engage in charter foreign air transportation of property and mail between Venezuela and the United States; and other all-cargo charter operations in accordance with 14 CFR Part 212.

By: Paul Gretch


 

OST-2001-11231 - Exemption - Venezuela-US All-Cargo Charters

May 24, 2013

Application for Renewal of an Exemption

Transcarga respectfully requests renewal of the above·captioned exemption, granted by Notice of Action Taken dated June 1, 2012 for an additional, one-year period. The Notice permits Transcarga to engage in charter foreign air transportation of property and mail between Venezuela and the United States and in other all-cargo charter operations in accordance with 14 CFR Part 212.

Transcarga is a flag carrier of Venezuela that has operated safely in Venezuela for many years. It has held exemption authority from the Department since 2002, and that authority currently is set to expire on June 1, 2013. Transcarga intends to operate Venezuela-US cargo charter service under the above-captioned authority.

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


 

Order 2017-1-7
Undocketed

Issued and Served January 6, 2017

Order on Reconsideration

By applications dated June 28, 2016, Transcarga requested statements of authorization under 14 CFR Part 212 to conduct the following services during the period August 1, 2016, through January 31, 2017: 1) 16 monthly round-trip all-cargo charters in the Venezuela-Aguadilla/San Juan market; 2) 76 monthly round-trip all-cargo charters in the Venezuela-Houston/Miami market; and 3) eight monthly round-trip all-cargo charters in the Venezuela-New York (JFK, EWR and SWF) market. Centurion Air Cargo, Inc. and Sky Lease I, Inc. filed a joint objection to Transcarga’s requests. Amerijet International Airlines, Inc. filed in support of the joint objection of Centurion and Sky Lease. The objecting carriers made a number of allegations regarding various policies that they claim the Government of Venezuela has imposed on them and other similarly-situated US all-cargo carriers that are discriminatory in nature and strongly favor Venezuelan carriers. Transcarga filed a consolidated reply to the objections of Centurion, Sky Lease and Amerijet, stating among other things that the complaints made by the objectors are misleading, frivolous, and should be disregarded by the Department.

By this order we grant the October 31, 2016 request of Transcarga International Airways, C.A. seeking reconsideration of our October 31, 2016 action that denied Transcarga’s requests for authority to conduct certain extra-bilateral all-cargo charter operations from November 15, 2016 through January 31, 2017. On reconsideration, we affirm that October 31 action. In the face of US carrier objections over discriminatory treatment in Venezuela, such as with regard to unfair charges, amounting to an absence of adequate reciprocity, Transcarga has presented statistics as to the number of US carrier flights authorized by the Government of Venezuela but has not persuasively addressed the essence of the objecting US carrier concerns. Communications we have received from the Government of Venezuela have likewise not resolved those concerns. Against this background, we see no convincing reason to change our earlier result.

By: Jenny Rosenberg


 

OST-2002-12556 - Designation of Agent

April 20, 2017

Designation of Agent

By: Leire McGarra


 

OST-2001-11231 - Exemption - Venezuela-US Cargo Charters

July 17, 2018

Application to Amend Foreign Air Carrier Permit and Exemption Authority

Motion for Confidential Treatment

Transcarga is amend ing its application for a Foreign Air Carrier Perrnit to authorize it to engage in non-stop charter air transportation of passengers, property, and mail between a point or points in Venezuela, initially including Caracas and a point or points in the United States of America, initially includ ing Miami, Florida, pursuant to Part 212 of the Department's Regulations. Transcarga will provide full business passenger charters using the trade name Sky Atlantic and will initially operate seven flights per week. The service will be operated via a wet lease of Boeing 737-Series, or similar aircraft with an estimated capacity of sixty seats. After a year, Transcarga intends to provide this described service with owned aircraft of the same type and capacity. Transcarga is also respectfully requesting an amendment to its exemption authority allowing it to begin the above-described services prior to the issuance of the permit.

Counsel: Transcarga, Leire Mugarra


 

OST-2019-0072 - Suspension of Air Service to and from Venezuela

June 5, 2019

Application for an Exemption

Transcarga hereby requests an exemption from Department of Transportation Order 2019-5-5 dated May 14, 2019 to the extent necessary to enable it to engage in charter (non-scheduled) foreign air transportation of cargo and mail between a point or points in Venezuela, on the one hand, and a point or points in the United States of America, via intermediate points, initially including Caracas, and a point or points in the United States of America, initially including Miami, Florida, via the intermediate points of Panama City, Republic of Panama or Santo Domingo, Dominican Republic or Bogota, Republic of Colombia, in a total frequency of three initial flights per week; with no traffic rights between the intermediate points of PTY, SDQ or BOG and MIA, and vice versa.

This exemption authority would be for the public interest since the entirety of Transcarga’s cargo transported between Venezuela and the US consists on privately-originating and privately-destined cargo with main purposes of assisting the private sectors in Venezuela. Therefore, the denial of granting this relief would not only put in risk Transcarga’s US workforce and existence being the only 100% privately-owned Venezuelan air carrier whose main operation has been the US-Venezuelan market but, more importantly, would broadly affect the Venezuelan population and private sector, which, given the reduced options of air cargo carriers covering the route, were counting on Transcarga’s operations to deliver and receive cargo in Venezuela.

Counsel: Leire Mugarra, 305-526-0610


 

Order 2019-8-1
OST-2019-0072
- Suspension of Air Service to and from Venezuela

Issued and Served August 1, 2019

Order Denying Exemption

On June 5, 2019, Transcarga Intl. Airways, C.A., a foreign air carrier of Venezuela, filed an application requesting an exemption under 49 USC § 40109 to the extent necessary to enable it to engage in charter (non-scheduled) foreign air transportation of cargo and mail between a point or points in Venezuela, on the one hand, and a point or points in the United States of America, via intermediate points. TIACA requests that this exemption be granted during the validity of Order 2019-5-5, and requests prompt approval so that cargo operations could be resumed without delay for the public interest.

We have decided to deny TIACA’s application. As we stated in Order 2019-5-5 and reiterated in the background section of this Order, our action to suspend foreign air transportation to/from Venezuela was prompted by a letter from DHS to the Department in which DHS stated its determination that “conditions in Venezuela threaten the safety and security of passengers, aircraft, and crew traveling to or from that country, and that the public interest requires an immediate suspension of all commercial passenger and cargo flights between the United States and Venezuela." (We note that, in its letter to the Department, DHS specifically identified TIACA as one of the carriers with service to Venezuela that would be affected by the service suspension)

While we have taken note of the cargo screening mitigation efforts proposed by TIACA, the DHS letter and Order 2019-5-5 make clear that the conditions in Venezuela that led to the service suspension go well beyond that sole issue. Indeed, as is evident from the discussion above, the letter and order identify numerous other factors that prompted the DHS position and the Department’s action.

We are not aware of any changes in the conditions in Venezuela since the issuance of Order 2019-5-5 that would support a decision to deviate from the terms of that order. Nor have we been so advised by DHS or the Department of State. Against this background, and taking into account all the circumstances presented, we find that TIACA has not provided a persuasive basis for us to deviate from the service suspension put in place by Order 2019-5-5, and we are therefore denying its request for an exemption from that order.

By: Joel Szabat

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