BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Transcription

1 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) EUROATLANTIC AIRWAYS- ) TRANSPORTES AEREOS, S.A. ) ) Docket No. OST For an exemption pursuant to 49 U.S.C ) and an amended foreign air carrier permit ) pursuant to 49 U.S.C ) ) (EU-U.S. Scheduled) ) ) APPLICATION OF EUROATLANTIC AIRWAYS-TRANSPORTES AEREOS, S.A. FOR AN EXEMPTION AND AMENDED FOREIGN AIR CARRIER PERMIT Communications with respect to this document should be addressed to: Josh Romanow Peter Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, D.C Tel: (202) Fax: (202) romanow@pillsburylaw.com peter.nelson@pillsburylaw.com December 11, 2014 Counsel for euroatlantic Airways- Transportes Aeros, S.A. NOTE: Any person who wishes to support or oppose this Application must: (1) file an Answer; and (2) serve that Answer on counsel identified above and all persons served with a copy of this Application. Answers to the exemption application are due on December 26, 2014; answers to the permit application are due on January 1, euroatlantic Airways intends to poll parties on the service list and will advise the Department of the results.

2 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) EUROATLANTIC AIRWAYS- ) TRANSPORTES AEREOS, S.A ) Docket No. OST ) For an exemption pursuant to 49 U.S.C ) and an amended foreign air carrier permit ) pursuant to 49 U.S.C ) ) (EU-U.S. Scheduled) ) ) APPLICATION OF EUROATLANTIC AIRWAYS-TRANSPORTES AEREOS, S.A. FOR AN EXEMPTION AND AMENDED FOREIGN AIR CARRIER PERMIT Pursuant to 49 U.S.C , Part 211 of the Department s economic regulations, and the Department s rules of practice, euroatlantic Airways-Transportes Aereos, S.A. ( euroatlantic ), a foreign air carrier of Portugal, hereby applies for an exemption and amended foreign air carrier permit to provide scheduled foreign air transportation of persons, property, and mail to the full extent permitted under the open skies U.S. EU Air Transport Agreement of June 21, 2011, as amended, (the U.S.-EU Open Skies Agreement ), as more fully described herein. 1 This application is filed in abbreviated form pursuant to the Department s notice of February 19, 2009 relating to Application Procedures for Foreign Air Carriers of the European Union. Consistent with the Department s notices of May 3, 2007 and August 23, 2005 (Docket No. OST ), euroatlantic requests expedited processing of this application. 1 By Notice dated May 3, 2007, the Department invited foreign air carriers of the Member States of the European Community to apply for authority to operate to and from the United States under the US/EC Air Transport Agreement. See Docket OST

3 The amended foreign air carrier permit sought herein will result in increased travel choices, greater service options, and enhanced competition, thereby benefiting consumers in both the United States and the Member States of the European Union. euroatlantic currently holds an EU-U.S. open skies foreign air carrier permit authorizing the following charter operations: (a) foreign charter air transportation of persons, property and mail from any point or points behind any Member State of the European Community via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; (b) foreign charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area; (c) foreign charter cargo air transportation between any point or points in the United States and any other point or points; (d) other charters pursuant to the prior approval requirements set forth in part 212 of the Department's economic regulations; and (e) charter transportation consistent with any future, additional rights that may be granted to foreign air carriers of the Member States of the European Union. (See Order ) In support of its application, euroatlantic states as follows: 1. The applicant s full name is euroatlantic Airways - Transportes Aereos, S.A. Its principal place of business is Rua das Sesmarias 3, Quinta da Beloura, Estrada de Albarraque, Sintra, Portugal (a) 2. The government authority having jurisdiction over euroatlantic is the Instituto Nacional de Aviaçao Civil (INAC), Rua B, Edificios 4, 5 and 6, Aeroporto da Portela, Lisbon, Portugal (b). 3. Authority Requested: euroatlantic seeks authority to conduct scheduled foreign air transportation as set forth below: (a) foreign scheduled air transportation of persons, property and mail from any point or points behind any Member State of the European Union via any point or points in any 2

4 Member State and via intermediate points to any point or points in the United States and beyond; (b) foreign scheduled air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area; (c) foreign scheduled cargo air transportation between any point or points in the United States and any other point or points; (d) scheduled transportation consistent with any future, additional rights that may be granted to foreign air carriers of the Member States of the European Community (c) 4. euroatlantic s insurance meets the minimum requirements specified in 14 CFR Part 205. A copy of OST Form 6411, Foreign Carriers Certificate(s) of Insurance is attached as Exhibit A. The name of euroatlantic s insurance carrier is set forth on the Certificate (h) 5. Operating Authority: euroatlantic s current Air Operator Certificate ( AOC ) is attached as Exhibit B (i) 6. Waiver of Warsaw Convention Liability Limits: An executed OST Form 4523 is already on file with the Department in Docket OST (t) 7. Foreign Air Carrier Family Support Act Plan: euroatlantic s plan has already been submitted to the National Transportation Safety Board, with a copy provided to the Department in Docket OST Summary of Passenger Manifest Information Collection Procedures: A summary of euroatlantic s procedures was filed previously with the Department in Docket OST Fuel Consumption: The operation proposed by euroatlantic will not result in a near term increase in fuel consumption of ten million gallons or more. Consequently, grant of the authority requested herein will not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975, as defined in 14 C.F.R (a)(1). 3

5 10. Verification: The verification required by 14 C.F.R (b) is attached hereto as Exhibit C. 11. As demonstrated by the information provided herein, euroatlantic is fully qualified to operate the services for which authority is herein requested, and grant of the requested authority will therefore serve the public interest. 2 WHEREFORE, for the foregoing reasons, euroatlantic respectfully requests that the Department issue an exemption and amended foreign air carrier permit, under the expedited process and streamlined procedures set forth in the Department s notices of, April 23, 2005, May 3, 2007, and February 19, 2009 authorizing euroatlantic to engage in foreign scheduled air transportation of persons, property, and mail to the full extent allowed under the U.S.-EU Open Skies Agreement. Respectfully submitted, Josh Romanow Peter Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC Phone: (202) Fax: (202) romanow@pillsburylaw.com peter.nelson@pillsburylaw.com December 11, 2014 Counsel for euroatlantic Airways-Transportes Aeros, S.A. 2 That the authority sought by euroatlantic in this application is authorized under a bilateral agreement is indicative that approval of this application is in the public interest. See S. REP. NO , at 4 (1979), reprinted in 1980 U.S.C.C.A.N. 54, 57 ( [T]he negotiation of a bilateral agreement itself represents a determination by the Government of the United States that the grant of route authority provided for under the bilateral is in the public interest. ). 4

6 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing supplement to the Application of euroatlantic Airways for a Foreign Air Carrier Permit has been served this, the 11 th day of December, 2014, upon each of the parties below by electronic mail: John Chen Bill Pothier FAA New York International Field Unit John.Y.Chen@faa.gov William.Pothier@faa.gov Sascha Vanderbellen Chris Walker Delta Air Lines, Inc. sascha.vanderbellen@delta.com chris.walker@delta.com Robert Wirick Howard Kass American Airlines, Inc. robert.wirick@aa.com howard.kass@aa.com Russell E. Pommer Atlas Air Inc. rpommer@atlasair.com Paul Doell National Air Carrier Association pdoell@naca.cc Dan Weiss Steve Morrissey Continental Airlines dan.weiss@united.com steve.morrissey@united.com Nancy S. Sparks Bailey Leopard Federal Express Corporation nssparks@fedex.com gbleopard@fedex.com Anita Mosner Jennifer Nowak Counsel for UPS Holland & Knight anita.mosner@hklaw.com jennifer.nowak@hklaw.com /s/peter Nelson Peter Nelson 5

7 EUROATLANTIC AIRWAYS TRANSPORTES AEREOS, S.A. Index of Exhibits Exhibit A B C Description Certificate of Insurance Air Operator Certificate Verification Statement

8 EXHIBIT A OST FORM 6411 FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE (Attached.) Exhibit A-1

9 Exhibit A-2

10 Exhibit A-3

11 EXHIBIT B AIR OPERATOR S CERTIFICATE (Attached.) Exhibit B-1

12 Exhibit B-2

13 Exhibit B-3

14 Exhibit B-4

15 Exhibit B-5

16 Exhibit C-1