Annex A
REQUEST OF AIR 2000 LIMITED FOR A STATEMENT
OF AUTHORISATION (LONG-TERM
WET-LEASE
OPERATIONS FOR
AERO CONTINENTE,
SA)
Air 2000 Limited ("Air 2000") applies for
a Statement of Authorisation pursuant to Part 212 of the Department's
regulations permitting Air 2000 to operate up to two daily roundtrip
scheduled combination flights between the Miami (Florida) and
Lima (Peru) for an indefinite period, under a wet-lease arrangement
with Aero Continente, SA ("Aero Continente") a Peruvian
carrier.[24]
Since the proposed wet-:lease operation is scheduled to begin
on 1 November 1999, Air 2000 asks the Department to expedite action
on this application. Air 2000 will poll the carriers served and
advise the Department of their views.
In support of this application, Air 2000 states
as follows:
1. Air 2000 and Aero Continente are negotiating
a wet-lease arrangement under which Air 2000 will operate up to
two daily scheduled flights for Aero Continente between Miami
and Lima using Boeing 757-200 aircraft. The exemption authority
granted to Aero Continente permits the Peruvian carrier to conduct
scheduled foreign air transportation of persons, property and
mail between Lima and Miami using wet-leased aircraft only. (See
Notice of Action, 6 October 1999, Docket OST-98-4292, at 1) Grant
of the authority requested here will permit Aero Continente to
comply with that condition, benefit travellers and shippers in
the US-Peru market and provide services contemplated under the
US-Peru "open-skies" agreement. Thus, approval is consistent
with the public interest. (See Statement of Authorisation No 99-464,
approving a Lan Chile application to operate 370 roundtrip Lima-Miami
flights for Lan Peru).
2. Air 2000's foreign air carrier permit
to serve the United States was granted by Order 89-11-30, and
requires Air 2000 to obtain prior approval for the fifth-freedom
service proposed here. Additionally, because the proposed service
involves a long-term wet lease, Air 2000 also requires approval
pursuant to 14 CFR § 212.9(b)(2) of the Department's regulations.
3. Sufficient coraity and reciprocity exist
on the part of the government of the United Kingdom to support
approval of the proposed wet lease operation. The UK routinely
grants fifth freedom authority and allows wet-lease operations
by US carriers. The Department has previously granted authority
to British carriers to conduct operations for third-country carriers
similar to the one proposed by Air 2000. (eg, Statement of Authorisation
No 98-764, approving an Air 2000 wet-lease to Royal Aviation for
US-Canada service; Statement of Authorisation No 96-276, approving
a Caledonian wet-lease to Aer Lingus for US-Ireland service).
4. Air 2000 requests a waiver of the 45-day
advance filing requirement in 14 CFR § 212.10(d)(2).
For the foregoing reasons, Air 2000 asks the
Department to waive the 45-day advance filing requirement and
grant its request for a Statement of Authorisation, effective
1 November 1999, for an indefinite period of time.
24 Air 2000 also asks for flexibility to operate flights
for Aero Continente on an emergency basis over additional routes
or intermediate points which Aero Continente may be authorised
to serve during the effective period of the requested Statement
of Authorisation. Back
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