Order 2011

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C

.
Issued by the Department of Transportation

on the 22 nd day of July , 2011

Served: July 22, 2011

Application of

CORSAIR S.A. D/B/A CORSAIRFLY Docket DOT

- OST

- 20 11

- 0118

for a n amended foreign air carrier permit under 49 U.S.C. §41301

ORDER TO SHOW CAUSE

Summary

By this order we tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit attached as the Appendix to this order.

Background

By Notice dated May 3, 2007, we invited foreign air carriers of the European Union (EU) to apply for Department economic authority to conduct operations to and from the United States

under the U.S.

- EU Air Transport Agreement. In that Notice, we stated our intent to process requests for this authority under the “streamlining” procedures set out in our August 23, 2005

Notice in Docket OST

- 2005

- 22228, in which we announced several steps designed to simplify our regulatory procedures for licensing foreign (and U.S.) air carriers. Our action in this Order serves to implement those streamlined regulatory procedures for the applic ation involved in this proceeding.

Application

By application filed Ju ne 22, 2011

, Corsair S.A. d/b/a Corsairfly (Corsairfly) , a foreign air

carrier of France

, requests a n amended foreign air carrier permit under 49 U.S.C. §41301, to engage in: 1

1 Corsairfly’s current foreign air carrier permit was issued on April 4, 1989 , by Order 89

- 4

- 24, and authorizes the carrier to engage in charter foreign air transportation of persons, property, and mail between a point or points in

Fra nce (including the French possessions) and any point or points in the United States. We note that Corsairfly also holds exemption authority from the Department that permits it to engage in: 1) scheduled and charter foreign air transportation of persons, p roperty, and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; 2) scheduled and charter foreign air t ransportation 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;2

a. scheduled and charter foreign air transportation of persons, property, and mail from any point ( s ) behind any Member State (s) of the European Union , via any point ( s ) in any

Member State (s) and via intermediate points, to any point or points in the United S tates and beyond;

b. scheduled and charter foreign air transportation of persons, property, and mail between any point (s) i n the United States and any point ( s ) in any member of the European Common Aviation Area;

c. o ther charters pursuant to the prior approval requirements set forth in Part 212 of the Department’s e conomic r egulations ; and

d. transportation authorized by any additional route rights made available to European

Union carriers in the future.

The applicant provided evidentiary materials required by 14 CFR Part 211 of our regulations to support its request for authority.

No answers were filed to the application.

Tentative Findings and Conclusions

We tentatively find and conclude that the public interest warrants granting the applicant an amended foreign air carrier permit, in the form attached as the Appendix to this order, and subject to the conditions attached. 2

In particular, we tentatively find that grant of this authority is in the public interest ; that the applicant has demonstrated, based on the record, that it is financially and operationally fit to perform the services authorized; and that it is substantially owned and effectively controlled by

citizens of Member States of the European Union, c onsistent with the provisions of the U.S.

- EU Agreement

. 3 We also find that the authority sought by the applicant is encompassed by the

U.S.

- EU Agreement.

Further, we note that the applicant is properly licensed by its homeland to perform the proposed services. In addition, on July 14, 2011 , the Federal Aviation Administration advised us that it knew of no reason why we should act unfavorably on the applica nt’s request. We have verified the applicant’s compliance with 14 CFR Parts 203 (Warsaw liability waiver), and 205 (insurance requirements).

3) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s economic regulations; and 4) transportation authorized by any additional route rights made available to European Community carriers in the future. See Notice of Action Taken dated December 8, 2009, in Docket DOT

- OST

- 2009

- 0320.

2 The applicant’s request for an amended foreign air carrier permit was summarized in the Department’s published weekly list of applications filed. This notice described the authority sought and gave interested persons an opportunity to submit evidence and objections to the award of this foreign air carrier permit authority. As noted above, no answers were filed to the application.

3 We make this finding based on Article 2 (Reciprocal Recognition of Regulatory Determinations with Regard to

Airline Fitness and Citizenship) of the Protocol to amend the U.S.

- EU Air Transport Agreement, signed June 24,

2010.3

In view of the foregoing and all facts of record, we tentatively find and conclude that:

1. It is in the public in terest to issue the applicant a foreign air carrier permit in the form attached;

2. The applicant is fit, willing and able properly to perform the foreign air transportation described in the attached permit and to conform to the provisions of Title 49 of the U.S. Code, and to our rules, regulations, and requirements;

3. The applicant is substantially owned and effectively controlled in a manner consistent with the provisions of the U.S.

- EU Agreement ;

4. The public interest requires that the exercis e o f the privileges granted by the permit should be subject to the terms, conditions, and limitations contained in the attached permit, and to such other reasonable terms, conditions, and limitations required by the public interest as we may prescribe;

5. The issuance of this foreign air carrier permit will not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975, as defined in 14 CFR §313.4(a)(1) of our regulations; 4

6. The public interest does not require an oral e videntiary hearing on the application; and

7. Our action with respect to this foreign air carrier permit should, unless disapproved by the President of the United States under §41307 of Title 49 of the U.S. Code, become effective on the 61st day after it s submission for §41307 review, or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove this portion of the Department’s decision under t hat section,

whichever occurs earlier.

In view of the above, and acting under authority assigned by the Department in its regulations, 14 CFR Part 385, we tentatively find that our actions are consistent with Department policy.

ACCORDINGLY,

1. We direct all interested persons to show cause why our tentative decision on the application

of Corsair S.A. d/b/a Corsairfly for a n amended foreign air carrier permit , set forth above, should not be made final;

2. 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 a foreign air carrier permit shall, no later than twenty

- one (21) calendar days after the date of service of this order, file with the Department and serve on the parties to this proceeding, a statement of objections specifying the part or parts of the tentative findings and conclusions objected to, together with a summary of testimony, statistical data, and concrete evidence to be relied upon in support of the objections; if

4 This finding is based on the fact that the grant of this permit will not result in a near

- term net annual change in aircraft fuel consumption of 10 million gallons or more.4

objections are filed, answers to objections are due no later than seven (7) calendar days thereafter; 5

3. If timely and properly supported objections are filed, we will give further consideration to the

matters and issues raised by the objections before we take further action;

4. In the event no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order which will (subject to Presidential review under §41307 of Title 49 of the U.S. Code) make final our tentative findings and conclusions set forth in this order; and

5. We will serve a copy of this order on Corsairfly S.A. d/b/a Corsairfly, the Embassy of France in Washington, D.C., the Department of State, and th e Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

5 Because we are providing for the filing of objections to our tentative decision in this order, we will not entertain petitions for review of this order.Appendix

Issued by

Order 20 11

-

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------------------------- PERMIT TO FOREIGN AIR CARRIER (as amended)



### -------------------------------------------------------- 

### Corsair S.A. d/b/a Corsairfly

A Foreign Air Carrier of France

is authorized, subject to the follo wing provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and regulations of the Department of Transportation, to engage in:

Foreign s cheduled and charter air transportation of persons, property, and mail from any point or point s behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond;

Foreign s cheduled and charter air transportation of persons, property, and mai l between any point or points in the United States and any point or points in any member of the European Common Aviation Area;

O ther charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and

T ransportation authorized by any additional route rights made available to European Union carriers in the future; provided , that the holder shall, before it commences any new service under such additional route rights, provide the Department with evidence t hat it holds a homeland license for that new service (unless it has already provided such evidence to the Department). Such evidence

shall be filed in Docket DOT

- OST

- 20 11

- 0118

.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and limitations in both the order issuing this permit and the attachment to this order, and to all applicable provisions of any treaty, convention or agreement affecting international air transportation now in effect, or that may become effective during the period this permit remains in effect, to which the United States and the holder’s homeland are or shall become parties.

This permit shall be effective on __________. Unless otherwise terminated at an earlier date pursuant to the terms of any applicable treaty, convention or agreement, this permit shall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon2 the effective date of any treaty, convention, or agreement or amendment, which shall have the effect of eliminating the right for the service authorized by this permit from the service which may be operated by airlines of the Europ ean Union and its Member States (or, if the right is partially eliminated, then the authority of this permit shall terminate in like part); or (3) upon the termination or expiration of the applicable air services agreement between the United States and

the European Union and its Member States. However, clause (3) of this paragraph shall not apply if prior to such termination or expiration, the foreign air transportation authorized herein becomes the subject of another treaty, convention or agreement to whi ch the United States and the European Union and its Member States become parties.

The Department of Transportation has executed this permit and affixed its seal on

_________.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Attachment

Foreign Air Carrier Permit Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Gover nment requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, b efore commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insura nce coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of t he Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements

of 14 C FR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proce edings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of orig in, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States . In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Excep t as specifically authorized by the Department, originate or terminate all flights to/from the United States in a Member State of the European Union;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reaso nable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code.

EU carrier 01/2008