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OST-2019-0066 - Ground Handling Operations of Foreign Carriers of India

 


Air India Limited d/b/a Air India and Jet Airways (India) Ltd.

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 - Ground Handling Operations of Foreign Air Carriers of India - Order Imposing Reporting Requirements and Show Cause

Index





Ground Handling Operations of Foreign Air Carriers of India

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


 

May 9, 2019

Response of Kalitta Air to Order To Show Cause

Kalitta Air operates 10 weekly scheduled all-cargo flights into New Delhi from various points. This service is operated primarily on behalf of DHL, delivering time-sensitive packages. The carrier has not experienced issues regarding ground handling, as it contracts for these services at New Delhi. However, it has experienced great difficulty in bringing in relief flights when it has experienced an "AOG" situation at New Delhi, as it discovered on two occasions in 2017.

On both of these occasions, Kalitta attempted to divert another aircraft to pick up the cargo from the stranded aircraft and continue the flight via the substitute aircraft. The Indian DGAC, however, would not permit the relief flight to operate, stating that it regarded this to be a change in schedule, which requires formal permission with a lead time of three working days. This caused a substantial delay in the movement of Kalitta's freight, and harmed the carrier's customer, who missed promised delivery schedules for thousands of packages.

Counsel: Cozen O'Connor, Mark Atwood


 

July 1, 2019

Reply of Air India

Annexure B - Air India Schedule for Summer 2009 - Excel

The decision pursuant to 49 USC § 41708 (b) requires Air India to report all of its arrangements for ground handling at each US Airport that it serves, including relevant contracts, functions covered and any other similar details. In accordance with the directions as above, the relevant details with regard to Ground Handling services for Air India's operations at US stations are attached herewith:

In US Region, Air India operates to Newark, New York (JFK), Chicago, San Francisco and Washington (IAD). At all these stations the ground handling services encompassing Security Services, Ramp Handling Services, Terminal Handling Services, Deicing, Cabin Cleaning Services and Cargo Warehousing services have been outsourced to local service providers at all these airports. Information is attached herewith as Annexure A.

The decision requires the imposition of the schedule filing requirements of 14 CFR Part 213. Accordingly Air India to file original and three copies of all of its 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. This information is attached herewith as Annexure B.

By: Rohit Dubey


 

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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