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OST-2007-0125 - Air India - India-US Open-Skies

http://airindia.com/


National Aviation Company of India Limited d/b/a Air India

OST-2007-0125 - Foreign Air Carrier Permit and Exemption - India-US Open Skies

December 21, 2007

Application for an Amended Foreign Air Carrier Permit and For Exemption Authority

Air India requests that the Department issue a new or amended Foreign Air Carrier Permit, incorporating all of the new rights made available to Indian carriers pursuant to the 2005 Air Transport Agreement between the United States and India. Air India also requests exemption authority pursuant to 49 U.S.C. § 40109 to the extent necessary to enable it to provide the services covered by this Application while the Department evaluates Air India's Application to amend its Foreign Air Carrier Permit. Air India requests that the Department process this Application.

Air India recently merged with Indian Airlines. It has main bases at Chhatrapati Shivaji International Airport in Mumbai and India Gandhi International Airport in Delhi. It also has a hub at Chennai International Airport. Air India connects 146 international and domestic destinations around the world, including 12 gateways in India with Air India Express, which is a fully-owned subsidiary of Air India.

Air India currently holds a Foreign Air Carrier permit authorizing it to provide scheduled service between India and New York, New York, via intermediate cities. Air India also holds numerous exemption authorities, including the authority to provide scheduled service from India and Chicago via the intermediate points of Toronto, London, Paris, and Frankfurt; to provide scheduled service between India and Detroit, Denver, and Washington, D.C. via Frankfurt pursuant to a codeshare with Lufthansa;  to provide transpacific scheduled service between India and Los Angeles via Malaysia pursuant to a codeshare with Malaysia Airlines;  to provide scheduled service between India and San Francisco via Singapore pursuant to a codeshare with Singapore Airlines;  to provide scheduled service between India and San Francisco/Los Angeles/Seattle via Seoul, Korea under a codeshare arrangement with Asiana Airlines;  and to provide scheduled service between India and Los Angeles via points in Asia, the Philippines, Japan, Africa, Europe, the United Kingdom, Ireland, and Canada.

Counsel: Kirstein & Young, David Kirstein, 202-331-3348



December 28, 2007

Re: Polling Results

This is to advise that we have completed our polling of the carriers on Air India’s service
list in connection with the exemption portion of its application for a new or amended Foreign Air
Carrier Permit and for corresponding Exemption authority to provide air transportation service
between the United States and India. There are no objections.

Counsel: Kirstein & Young, David Kirstein



May 19, 2008

Re: Confirmation of Request for Scheduled and Charter Authority (US-India Open Skies)

This is to confirm that in connection with Air India's application for an open skies permit under the U.S.-India Air Transport Agreement in Docket OST-2007-0125, the carrier is requesting the following scheduled and charter authority: 

(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.

Counsel: Kirstein & Young, David Kirstein, 202-331-3348



May 19, 2008

Re: Confirmation of Request for Scheduled and Charter Authority (US-India Open Skies)

This is to confirm that in connection with Air India's application for an open skies permit under the U.S.-India Air Transport Agreement in Docket OST-2007-0125, the carrier is requesting the following scheduled and charter authority: 

(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.

Counsel: Kirstein & Young, David Kirstein, 202-331-3348



Order 2008-6-31
OST-2007-0125 - Foreign Air Carrier Permit and Exemption - India-US Open Skies

Issued and Served June 23, 2008

Order Granting Exemption and to Show Cause | Word

We grant the request of National Aviation Company of India Limited, d/b/a Air India for an exemption under 49 U.S.C. § 40109 to permit it 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 points in the United States and beyond; (2) charter foreign air transportation of persons, property and mail between any point or points in India and any point or points in the United States, and between any point or points in the United States and any point or points in a third country or 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 (3) other charter trips in foreign air transportation subject to the terms, conditions, and limitations of the Department’s regulations governing charters.

To the extent not acted upon above, we dismiss all requests for exemption authority in Docket OST-2007-0125.

With respect to the applicant’s request for an amended foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, 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 an amended 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 2008-9-19
OST-2007-0125 - Foreign Air Carrier Permit and Exemption - India-US Open Skies

Issued July 15, 2008 | Served September 16, 2008

Final Order

By Order 2008-6-31, issued June 23, 2008, 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 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: Paul Gretch



Order 2008-9-19
OST-2007-0125 - Foreign Air Carrier Permit and Exemption - India-US Open Skies

Issued July 15, 2008 | Served September 16, 2008

Final Order - Corrected

By: Paul Gretch


 

Order 2019-7-9
OST-2019-0066
OST-2007-0125 - Air India - India-US Open Skies
OST-2005-21135 - Jet Airways (India) - India-US Scheduled Passenger

Issued May 28, 2019 | Served July 30, 2019

Final Order

In light of the fact that no party filed an objection to the Department’s tentative decision (Order 2019-4-16), and of the continuing failure of the Government of India to allow US carriers to exercise their bilateral right to self-handle at airports in India, we have decided to finalize our tentative decision to amend the Air India and Jet Airways’ foreign air carrier permits to suspend the rights of those carriers to self-handle at US airports. We find that this action is required by the public interest.

With respect to the response of Kalitta, while the carrier itself acknowledges that its concern goes to a matter other than ground handling, we recognize the importance of all US carriers having the ability to exercise their bilateral rights, and all the more so in emergency circumstances. As we have advised the Government of India in the course of addressing the self-handling issue, we expect it to fully honor all of the bilateral rights provided for in the US-India Air Transport Agreement, including issues raised by US carriers unrelated to self-handling.

By: Joel Szabat


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