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Folder Title: JGR/Civil Aviation Board Decisions
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WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
RBW 8/30/2005
File Folder
JGR/CIVIL AVIATION BOARD DECISIONS (6 OF 16)
FOIA
F05-139/01
Box Number
COOK
15RW
DOC Doc Type
Document Description
No of Doc Date Restrictions
CUPT T Reagan Presidential Record
NO
Pages
1
SUMMARY SUMMARY OF APPLICATION FOR
1
ND
B4
490
CANADA AIRCRAFT (OPEN IN WHOLE)
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
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B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
fate:
**
CAB DECISIONS
sh
16/6/
DOT , DOJ
num to provings to Day Act, care came up.
the could not review sentences + eyes order
1978 Denog Act.
801 (a)
Elliot Salon Seden 724-6349
- use not and x fact
- don't how 801(a)
all U.S. or none
left share 426-2972
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234,093 093
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866,059 66,
05.9
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
July 11, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DroR
SUBJECT:
Civil Aeronautics Board Decisions in
Action Air Cargo Corporation, The Flying
Tiger Line, Inc., Northwest Airlines,
Inc., and Capitol Air, Inc.
Richard Darman's office has asked for comments by close of
business Wednesday, July 13, 1983 on the above-referenced
CAB decisions, which were submitted for Presidential review
as required by § 801 (a) of the Federal Aviation Act of 1958,
as amended, 49 U.S.C. § 1461 (a). Under this section, the
President may disapprove, solely on the basis of foreign
relations or national defense considerations, CAB actions
involving either foreign air carriers or domestic carriers
involved in foreign air transportation. If the President
wishes to disapprove such CAB actions, he must do so within
sixty days of submission (in these cases, by July 23).
The orders here have been reviewed by the appropriate
departments and agencies, following the procedures estab-
lished by Executive Order No. 11920 (1976). OMB recommends
that the President not disapprove, and reports that the NSC
and the Departments of State, Defense, Justice and Transporta-
tion have not identified any foreign relations or national
defense reasons for disapproval. Since these orders involve
domestic carriers, judicial review is theoretically avail-
able. Hence, the proposed letter from the President to the
CAB Chairman prepared by OMB includes the standard sentence
designed to preserve availability of judicial review, as
contemplated by the Executive Order for cases involving
domestic airlines.
The Action Air Cargo order authorizes service by that
carrier between Jamaica and the U.S. The remaining orders
authorize service by Flying Tiger between the U.S. on the
one hand and Australia and Lebanon on the other, and by
Northwest and Capitol between the U.S. and Lebanon. My
review of the orders confirms OMB's description of them as
"routine, noncontroversial matters."
A memorandum for Darman is attached for your review and
signature.
Attachment
THE WHITE HOUSE
WASHINGTON
July 11, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING 0-16. signed by FFF.
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions in
Action Air Cargo Corporation, The Flying
Tiger Line, Inc., Northwest Airlines,
Inc., and Capitol Air, Inc.
Our office has reviewed the above-referenced CAB decisions
and related materials and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. $ 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the substance
of the letter from the President to the CAB Chairman prepared
by OMB.
FFF:JGR:aw 7/11/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
July 11, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions in
Action Air Cargo Corporation, The Flying
Tiger Line, Inc., Northwest Airlines,
Inc., and Capitol Air, Inc.
Our office has reviewed the above-referenced CAB decisions
and related materials and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. $ 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the substance
of the letter from the President to the CAB Chairman prepared
by OMB.
FFF:JGR:aw 7/11/83
CC: FFFielding
JGRoberts
Subj.
Chron
ID # 146564
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Richard G. Darman
Name of Correspondent:
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: CAB Decisions: action air Cargo
Corporation, The Hying Higer Line, Inc.,
Northwest avlines and Capital
air Inc.
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Co Holland
ORIGINATOR 83,07,07
/
/
Referral Note:
CUAT 18
D. 83,07,07
583,07,13
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
In Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
146564SS
Document No.
WHITE HOUSE STAFFING MEMORANDUM
DATE:
July 7, 1983
ACTION/CONCURRENCE/COMMENT DUE BY:
c.o.b. WEDNESDAY, July 13
CAB Decisions: Action Air Cargo Corporation, The Flying Tiger Line, Inc.,
SUBJECT:
Northwest Airlines, Inc. and Capital Air, Inc.
ACTION FYI
ACTION FYI
VICE PRESIDENT
HARPER
MEESE
HERRINGTON
BAKER
JENKINS
DEAVER
McMANUS
STOCKMAN
MURPHY
CLARK
ROGERS
DARMAN
P
SS
ROLLINS
DUBERSTEIN
VERSTANDIG
FELDSTEIN
WHITTLESEY
FIELDING
BRADY/SPEAKES
FULLER
GERGEN
REMARKS:
Please provide any comments/edits by c.o.b. Wednesday, July 13.
Thank you.
RESPONSE:
Richard G. Darman
Assistant to the President
Received S S
AND OFFICE &
EXECUTIVE OFFICE OF THE PRESIDENT
1983 JUL -7 PH 2: 03
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
July 6, 1983
ACTION
MEMORANDUM FOR:
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
SUBJECT:
Civil Aeronautics Board Decisions:
Action Air Cargo Corporation
The Flying Tiger Line, Inc.
Docket 41125
Northwest Airlines, Inc.
Date due: July 22, 1983
Capital Air, Inc.
Dockets 41332, 41394, 41418
Date due: July 22, 1983
You will find attached a memorandum for the President about the
above international aviation cases. The interested executive
agencies have reviewed the Board's decisions and have no
objection to the proposed orders.
These are routine, noncontroversial matters. No foreign policy
or national defense reasons for disapproving the Board's orders
have been identified. I recommend that the President sign the
attached letter to the Chairman which indicates that he does not
intend to disapprove the Board's orders within the 60 days
allowed by statute. Otherwise, the Board's orders become final
on the 61st day.
Constance Home
Constance Horner
Associate Director
Economics and Government
Attachments:
Memorandum to the President
CAB letters of transmittal
CAB orders
Letter to the Chairman
Received 55
THE
OFFICE
and
EXECUTIVE OFFICE OF THE PRESIDENT
1983 JUL -7 PH 2: 04
CUIHO
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
July 6, 1983
ACTION
MEMORANDUM FOR THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions:
Action Air Cargo Corporation
The Flying Tiger Line, Inc.
Docket 41125
Northwest Airlines, Inc.
Date due: July 22, 1983
Capitol Air, Inc.
Dockets 41332, 41394, 41418
Date due: July 22, 1983
The Civil Aeronautics Board proposes to take the following
actions with regard to the above international aviation cases:
- Amend the certificate of Action Air Cargo Corporation,
authorizing the airline to transport property and mail
between Jamaica and the United States.
-- Amend the certificate of The Flying Tiger Line, Inc.,
authorizing the airline to transport property and mail
between the United States, on the one hand, and Austria
and Lebanon, on the other. Amend the certificates of
Northwest Airlines, Inc., and Capitol Air, Inc.,
authorizing the airlines to transport persons, property
and mail between the United States and Lebanon.
The Departments of State, Defense, Justice, and Transportation
and the National Security Council have not identified any foreign
policy or national defense reasons for disapproving the orders in
whole or in part.
The Office of Management and Budget recommends that you approve
the Board's decisions by signing the attached letter to the
Chairman which indicates that you do not intend to disapprove the
Board's orders within the 60 days allowed by statute for your
review. Also, OMB recommends that you state in your letter that
no national defense or foreign policy reason underlies your
action. This will preserve whatever opportunity is available
under the statute for judicial review.
Constance Home
Constance Horner
Associate Director
Economics and Government
2
Attachments:
CAB letters of transmittal
CAB orders
Letter to the Chairman
Options and Implementation Actions:
( ) 1) Approve the Board's orders and preserve whatever
opportunity is available for judicial review (DOS, DOD,
DOJ, DOT, NSC, OMB)
- Sign the attached letter to the Chairman.
( ) 2) Approve the Board's orders and do nothing to preserve
whatever opportunity is available for judicial review.
-- Implementation materials to be prepared.
( ) 3) Disapprove the Board's orders.
- Implementation materials to be prepared.
( ) 4) See me.
THE WHITE HOUSE
WASHINGTON
Dear Chairman McKinnon:
I have reviewed the orders proposed by the Civil Aeronautics
Board in the following cases:
Action Air Cargo Corporation
The Flying Tiger Line, Inc.
Docket 41125
Northwest Airlines, Inc.
Capitol Air, Inc.
Dockets 41332, 41394, 41418
I have decided not to disapprove the Board's orders. No foreign
relations or national defense reason underlies my actions.
Sincerely,
The Honorable Dan McKinnon
Chairman
Civil Aeronautics Board
Washington, D.C. 20428
FOR OFFICIAL USE ONLY
THE CHAIRMAN
OF THE
CIVIL AERONAUTICS BOARD
THE
WASHINGTON, D.C. 20428
B-11
MAY 23 1983
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
I transmit the Board's proposed order on the application of Action Air
Cargo Corporation, Docket 41125, for your consideration under section 80l(a) of
the Federal Aviation Act of 1958, as amended by the Airline Deregulation Act of
1978. The order will issue an amended certificate to the applicant and adopt
the Board's tentative decision in its Order to Show Cause 83-3-122 (enclosed)
unless you disapprove it within 60 days of this transmittal.
If you should decide earlier that you will not disapprove, please advise
me to that effect; this will allow the earlier issuance of the authority.
We are submitting the proposed decision to you before publication under
the provisions of section 801(a) of the Federal Aviation Act of 1958. In
accordance with Executive Order 11920, however, we plan to release all unclass-
ified portions of the decision on or after the sixth day following this
transmittal unless notified by your Assistant for National Security Affairs.
Respectfully yours,
Dan McKennon
Dan McKinnon
Enclosures
FOR OFFICIAL USE ONLY
FOR OFFICIAL USE ONLY
THE CHAIRMAN
OF THE
CIVIL AERONAUTICS BOARD
THE
WASHINGTON, D. C. 20428
B-11
MAY 23 1983
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
I transmit the Board's proposed order on the applications of The Flying
Tiger Line Inc., Docket 41332, Northwest Airlines, Inc., Docket 41394, and
Capitol Air, Inc., Docket 41418, for your consideration under section 801 (a) of
the Federal Aviation Act of 1958 as amended by the Airline Deregulation Act of
1978. The order will adopt the Board's decision establishing simplified
procedures and issue certificate amendments to the applicants unless you
disapprove it within 60 days of this transmittal.
If you should decide earlier that you will not disapprove, please advise
me to that effect; this will allow the earlier issuance of the authority.
We are submitting the proposed decision to you before publication under
the provisions of section 801(a) of the Federal Aviation Act of 1958. In
accordance with Executive Order 11920, however, we plan to release all unclass-
ified portions of the decision on or after the sixth day following this
transmittal unless notified by your Assistant for National Security Affairs.
Respectfully yours,
Dan Mckinnon
Dan McKinnon
Enclosures
FOR OFFICIAL USE ONLY
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 15, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
822
SUBJECT:
Civil Aeronautics Board Decisions in
Societe Antillaise de Transports, et al
Certain Indirect Foreign Air Carriers;
Certain Foreign Air Carriers;
Trans North Turbo Air Limited
Richard Darman's office has asked for comments by close of
business Wednesday, August 17, 1983 on the above-referenced
CAB decisions, which were submitted for Presidential review
as required by $ 801 (a) of the Federal Aviation Act of 1958,
as amended, 49 U.S.C. § 1461 (a). Under this section, the
President may disapprove, solely on the basis of foreign
relations or national defense considerations, CAB actions
involving either foreign air carriers or domestic carriers
involved in foreign air transportation. If the President
wishes to disapprove such CAB actions, he must do so within
sixty days of submission (in these cases, by September 13,
August 29, September 18, and September 13, respectively).
The orders here have been reviewed by the appropriate
departments and agencies, following the procedures estab-
lished by Executive Order No. 11920 (1976). OMB recommends
that the President not disapprove, and reports that the NSC
and the Departments of State, Defense, Justice and Transporta-
tion have not identified any foreign relations or national
defense reasons for disapproval. Since these orders involve
foreign carriers, the proposed letter from the President to
the CAB Chairman prepared by OMB does not include the
standard sentence designed to preserve availability of
judicial review.
The Air Guadeloupe order authorizes specified service by
that carrier. The indirect foreign air order cancels
certain existing permits to compel the carriers to comply
with new registration procedures. (The carriers have had
ample time to do so voluntarily.) The foreign air order
revokes certain permits for failure to maintain adequate
insurance, and the Trans North order authorizes specified
service by that carrier.
A memorandum for Darman is attached for your review and
signature.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 15, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions in
Societe Antillaise de Transports, et al
Certain Indirect Foreign Air Carriers;
Certain Foreign Air Carriers;
Trans North Turbo Air Limited
Our office has reviewed the above-referenced CAB decisions
and related materials and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. § 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the substance
of the letter from the President to the CAB Chairman prepared
by OMB.
FFF: JGR:ph 8/16/83
CC: FFFielding
JGRoberts
Subject
Chron.
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 15, 1983
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions in
Societe Antillaise de Transports, et al
Certain Indirect Foreign Air Carriers;
Certain Foreign Air Carriers;
Trans North Turbo Air Limited
Our office has reviewed the above-referenced CAB decisions
and related materials and has no legal objection to the
procedure that was followed with respect to Presidential
review of such decisions under 49 U.S.C. $ 1461 (a).
We also have no legal objection to OMB's recommendation that
the President not disapprove these orders or to the substance
of the letter from the President to the CAB Chairman prepared
by OMB.
Document No.
146907SS
WHITE HOUSE STAFFING MEMORANDUM
DATE:
8/12/83
ACTION/CONCURRENCE/COMMENT DUE BY: 8/17/83
Societe Antillaise de Transports, et al
CAB DECISIONS RE:
SUBJECT:
Certain Indirect Foreign Air Carriers;
Certain Foreign Air Carriers;
Trans North Turbo Air Limited
ACTION FYI
ACTION FYI
VICE PRESIDENT
HARPER
MEESE
HERRINGTON
BAKER
JENKINS
DEAVER
McMANUS
STOCKMAN
MURPHY
CLARK
ROGERS
DARMAN
P
SS
ROLLINS
DUBERSTEIN
VERSTANDIG
FELDSTEIN
WHITTLESEY
FIELDING
BRADY/SPEAKES
FULLER
GERGEN
REMARKS:
May we have your comments on the attached by close of business
August 17. Thank you.
RESPONSE:
Richard G. Darman
Ascistant to the Procident
THE
OFFICE
EXECUTIVE OFFICE OF THE PRESIDENT
THE
OFFICE
BUDGET
СБЩИП
OFFICE OF management AND BUDGET
ONE
STATE
WASHINGTON, D.C. 20503
AUG 11 1983
ACTION
MEMORANDUM FOR:
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
SUBJECT:
Civil Aeronautics Board Decisions
Certain Indirect Foreign Air
Certain Foreign Air Carriers
Carriers
Docket 41538
Docket 41455
Date due: September 18, 1983
Date due: August 29, 1983
Trans North Turbo Air Limited
Societe Antillaise De
Docket 41344
Transports Aeriens d/b/a
Date due: September 13, 1983
Air Guadeloupe
Docket 38858
Date due: September 13, 1983
You will find attached a memorandum for the President about the
above international aviation cases. The interested executive
agencies have reviewed the Board's decisions and have no
objection to the proposed orders.
These are routine, noncontroversial matters. No foreign policy
or national defense reasons for disapproving the Board's orders
have been identified. I recommend that the President sign the
attached letter to the Chairman which indicates that he does not
intend to disapprove the Board's orders within the 60 days
allowed by statute. Otherwise, the Board's orders become final
on the 61st day.
Original signed by
Constance Horner
Constance Horner
Associate Director
Economics and Government
Attachments:
Memorandum to the President
CAB letters of transmittal
CAB orders
Letter to the Chairman
SECTIVE CHING THE OFFICE 1
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 11 1983
ACTION
MEMORANDUM FOR THE PRESIDENT
SUBJECT:
Civil Aeronautics Board Decisions:
Certain Indirect Foreign Air
Certain Foreign Air Carriers
Carriers
Docket 41538
Docket 41455
Date due: September 18, 1983
Date due: August 29, 1983
Trans North Turbo Air Limited
Societe Antillaise De
Docket 41344
Transports Aeriens d/b/a
Date due: September 13, 1983
Air Guadeloupe
Docket 38858
Date due: September 13, 1983
The Civil Aeronautics Board proposes to take the following
actions with regard to the above international air cases:
-- Cancel the foreign air carrier permits issued to certain
foreign charter tour operators and foreign air freight
forwarders. The Board proposes this action in order to
compel these foreign charter tour operators and foreign
air freight forwarders to abide by its new registration
procedures. The Board's action would cancel all permits
remaining under the old procedures.
-- Revoke the foreign air carrier permits issued to certain
foreign air carriers. The Board proposes this action
because these carriers failed to maintain insurance for
aircraft accident liability, as required by CAB
regulations and by a condition in their permits.
Amend the foreign air carrier permit of Trans North Turbo
Air Limited authorizing the airline to transport persons,
property and mail between Whitehorse, Yukon Territory,
Canada and Fairbanks, Alaska.
Issue a foreign air carrier permit to Air Guadeloupe
authorizing the airline to transport persons, property and
mail between Guadeloupe, French West Indies; the
intermediate point of St. Maarten, Netherlands Antilles;
and San Juan, Puerto Rico.
2
The Departments of State, Defense, Justice, and Transportation
and the National Security Council have not identified any foreign
policy or national defense reasons for disapproving the orders in
whole or in part.
The Office of Management and Budget recommends that you approve
the Board's decisions by signing the attached letter to the
Chairman which indicates that you do not intend to disapprove the
Board's orders within the 60 days allowed by statute for your
review.
Original signed by
Constance Horner
Constance Horner
Associate Director
Economics and Government
Attachments:
CAB letters of transmittal
CAB orders
Letter to the Chairman
Options and Implementation Actions:
( ) 1) Approve the Board's orders. (DOS, DOD,
DOJ, DOT, NSC, OMB).
-- Sign the attached letter to the Chairman.
( ) 3) Disapprove the Board's orders.
- Implementation materials to be prepared.
( ) 4) See me.
THE WHITE HOUSE
WASHINGTON
Dear Chairman McKinnon:
I have reviewed the orders proposed by the Civil Aeronautics
Board in the following cases:
Certain Indirect Foreign Air
Certain Foreign Air Carriers
Carriers
Docket 41538
Docket 41455
Trans North Turbo Air Limited
Societe Antillaise De
Docket 41344
Transports Aeriens d/b/a
Air Guadeloupe
Docket 38858
I have decided not to disapprove the Board's orders.
Sincerely,
The Honorable Dan McKinnon
Chairman
Civil Aeronautics Board
Washington, D.C. 20428
-
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D. C.
on the 14th day of July, 1983
Application of
:
:
SOCIETE ANTILLAISE DE TRANSPORTS AERIENS
:
Docket 38858
d/b/a AIR GUADELOUPE
:
:
for a foreign air carrier permit pursuant
:
to section 402 of the Federal Aviation
:
Act of 1958, as amended
:
ORDER ISSUING FOREIGN AIR CARRIER PERMIT
By application filed October 17, 1980, and noticed in the Federal
Register, 1/ Societe Antillaise de Transports Aeriens d/b/a Air Guadeloupe
requests a foreign air carrier carrier permit to provide foreign air
transportation of persons, property and mail between a point or points in
Guadeloupe, French West Indies, the intermediate point St. Maarten,
Netherlands Antilles, and San Juan, Puerto Rico. 2/ Air Guadeloupe also
requests permission, under Part 215 of our Regulations, to do business
under the trade name Air Guadeloupe, as well as its full corporate name
Societe Antillaise de Transports Aeriens. 3/
No answers to the application have been filed.
We have thoroughly reviewed the record including the application,
which is summarized in Appendix A, and have decided to grant the
application using the simplified Subpart Q procedures. 4/ The public was
1/ 47 FR 70954, October 27, 1980.
2/ We delayed processing the application to permit Air Guadeloupe to
submit additional evidentiary material as required by Part 211. The
application is now complete and ready for decision.
3/ Since there has been no objection to the proposed trade name "Air
Guadeloupe" and since there is no apparent risk of public confusion by use
of that name, we are issuing the attached permit showing the applicant's
full corporate name and its trade name.
4/ 14 CFR 302.1701 et seq. Under Rule 29(b), the Board may, in its own
discretion, omit a tentative decision in proceedings under Subpart Q and
proceed directly to a final decision, after provision of an opportunity for
interested parties to submit evidence and to object to grant of authority
under section 402 of the Act.
- 2 -
informed of the carrier's application by notices in the Federal Register
and the Board's weekly list of applications filed, describing the authority
sought and giving interested persons an opportunity to submit evidence and
objections to the award of the authority. These notices provided the
required notice and filing opportunities. Simplified procedures are
appropriate in this case because the authority conferred is not of a
controversial nature. The applicant's fitness is unchallenged and no
answers have been filed to the application or to the Federal Register
notice.
Ownership and Control
The Government of France and the French Department of Guadeloupe own
51 percent of the applicant's stock. Air France owns 45 percent of the
stock and the Chamber of Commerce and Townships own the remaining 4
percent. All of the directors and managers of Air Guadeloupe are French
citizens.
Financial and Operational Fitness
The evidence submitted by the applicant indicates that it has the
managerial skills, the financial qualifications, operating and maintenance
capability, and compliance disposition necessary for a finding of fitness.
The financial records of Air Guadeloupe show total assets of $5.3
million, total liabilities of $4.6 million and a net worth of $643 thousand
as of December 31, 1980. It had a net loss of $440 thousand for the 12
months ended December 31, 1980. After the French Government authorized Air
Guadeloupe to increase its capital, the existing stockholders contributed
$525 thousand in new capital to the company in 1981.
Air Guadeloupe was incorporated under French law on March 23, 1970.
It is based at Raizet Airport, Guadeloupe. Air Guadeloupe began operations
with Twin Otter aircraft in 1970 between Pointe-a-Pitre, Guadeloupe and
three nearby islands. It currently operates over 130 weekly flights
between Pointe-a-Pitre and Maria Galante, St. Maarten, St. Barthelemy,
Dominica, and Antigua. It carried 259,000 passengers in 1980. Air
Guadeloupe owns two F-27's and four Twin Otter aircraft. These aircraft
are maintained by Air Guadeloupe's personnel in Guadeloupe.
Air Guadeloupe provided service in 1980 between Guadeloupe and San
Juan via St. Maarten under exemption authority. 5/ However, this service
was discontinued after eight months because of insufficient traffic. Air
Guadeloupe states that it plans to resume San Juan service in the near
future.
Air Guadeloupe has not been involved in any safety or tariff
violations during the past five years, 6/ and it has never been refused
insurance. No operating authority held by Air Guadeloupe has ever been
5/ See Order 80-11-126, November 24, 1980. This exemption authority will
remain in effect until final disposition of the present permit application.
6/ By letter dated June 1, 1983, the Federal Aviation Administration
advised us that it knew of no reason why the Board should act unfavorably
Air Cundeloupe's application
- 3 -
suspended, revoked or cancelled. Air Guadeloupe has sufficient insurance
coverage to meet the requirements contained in Part 205 of our Regulations.
Designation and Public Interest
The Air Services Agreement of March 27, 1946, as amended, between the
United States and France provides, among other things, route rights for
French and U.S. carriers to operate between Guadeloupe and the United
States. The authority sought is consistent with Route 6 of this
Agreement. 7/ The Government of France has designated Air Guadeloupe to
provide this service.
Under section 402 of the Act, we are empowered to issue a foreign air
carrier permit if we find the applicant is qualified and designated by its
government to perform services pursuant to an agreement. We find that Air
Guadeloupe meets these requirements and should be issued a permit.
In view of the foregoing and all the facts of record, the Board finds
and concludes that:
1. The applicant is qualified and has been designated by France to
perform the air services described in the attached foreign air carrier
permit, under the terms of an Agreement with the United States, and such
transportation will be in the public interest;
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 the Act, and rules, regulations and requirements of
the Board;
3. The public interest requires that the exercise of the privileges
granted by the permit shall be subject to the terms, conditions, and
limitations required by the public interest as may be prescribed by the
Board;
4. The applicant is substantially owned by the Government of France
and the French Department of Guadeloupe and effectively controlled by
nationals of its homeland;
5. 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 section 313.4(a) (1) of the Board's Regulations; 8/ and
6. The public interest does not require an oral evidentiary hearing
on the application.
7/ As of June 1983, two U.S. carriers provided service between the United
States and Guadeloupe: American Airlines provided service between New York
and Guadeloupe; Eastern Air Lines provided service between Miami and St.
Croix and Guadeloupe.
8/ Our finding is based upon the fact that issuance of the applicant's
permit will not result in a near-term annual increase in fuel consumption
in excess of 10 million gallons.
- 4 -
ACCORDINGLY,
1. We are issuing a foreign air carrier permit, in the form attached,
to Societe Antillaise de Transports Aeriens d/b/a Air Guadeloupe
authorizing foreign air transportation of persons, property and mail
between a point or points in Guadelope, French West Indies, the intermediate
point of St. Maarten, Netherlands Antilles, and San Juan, Puerto Rico;
2. Except to the extent granted, the application in Docket 38858 is
denied;
3. The Secretary of the Board shall sign the permit on our behalf and
shall affix the seal of the Board;
4. We shall serve this order on the applicant, the Ambassador of the
applicant's home country in Washington, D.C., and the Departments of State
and Transportation; and
5. Unless disapproved by the President of the United States under
section 801(a) of the Act, this order and the attached permit shall become
effective on the 61st day after its submission to the President, 9/ or upon
the date of receipt of advice from the President that he does not intend to
disapprove the Board's order under that section, whichever is earlier.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
9/ This order was submitted to the President on JUL 15 1983
The 61st day is SEP 14 1983
APPENDIX A
SUMMARY OF APPLICATION
Homeland Country: Department of Guadeloupe, France
Authority Covered by Bilateral Agreement: U.S.-France Air Services
Agreement of March 27, 1947, as amended
Designated By Its Government: Appendix B, AGL-3, Docket 38858
Holds Government License for Authority Sought: Exhibit AGL-2, Docket 38858
Operating History: Began regional Caribbean operations in 1970
Aircraft Owned (0) and Leased (L): 2 F-27(0) 4-Twin Otter (0)
Aircraft Maintenance Performed By: Air Guadeloupe in Guadeloupe
Financial Indicators--as of:
Dec. 31, 1979 Dec. 31, 1980
(000)
(000)
Total Assets
$ 4,503
$ 5,269
Total Liabilities
3,488
4,626
Owners' Equity /
1,015
643
Operating Profit (Loss) 12 mos. ending
(304)
(440)
/ Note: In 1981, there was an infusion of $525,000 in new
capital by the existing stockholders.
Majority Ownership by Nationals Of: France, government owned.
Effective Control by Nationals Of: France, government controlled.
Insurance Coverage: Meets requirements, AGL-9, Docket 38858
Insurance Refused or Involuntarily Canceled During Last 3 Years: No
Refused Debt Financing Last 3 Years : No
Defaulted On Transportation Commitments Last 3 Years: No
Failed To Meet Current Financial Obligations Last 3 Years: No
Safety Violations During Last 5 Years: No
Tariffs Violations During Last 5 Years: No
Subscribes To Standard Permit Conditions Regarding Insurance And Annex 6 Of
Chicago Convention And C.A.B. Agreement 18900: Yes
Near-term Annual Fuel Consumption Exceeds 10 Million Gallons: No
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
PERMIT TO FOREIGN AIR CARRIER
SOCIETE ANTILLAISE DE TRANSPORTS AERIENS
d/b/a AIR GUADELOUPE
is authorized, subject to the provisions set forth, the provisions of the
Federal Aviation Act of 1958, as amended and the orders, rules and regula-
tions of the Board, to engage in the foreign air transportation of persons,
property, and mail, as follows:
Between a point or points in Guadeloupe, French West Indies; the
intermediate point St. Maarten, Netherlands Antilles; and the
terminal point San Juan, Puerto Rico.
The holder shall be authorized to engage in charter trips in foreign
air transportation, subject to the terms, conditions, and limitations pre-
scribed by the Board's Regulations governing charters.
This permit and the exercise of the privileges granted in it shall be
subject to the terms, conditions and limitations attached, and to the
following:
This permit shall be subject 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 France shall be 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
effective date of any treaty, convention or agreement or amendment, which
shall have the effect of eliminating the route or routes authorized by this
permit from the routes which may be operated by airlines designated by the
Government of France (or in the event of the elimination of any part of the
authorized route or routes, the authority granted shall terminate to the
extent of such elimination), or (2) upon the effective date of any permit
granted by the Board to any other carrier designated by the Government of
France in lieu of the holder, or (3) upon the termination or expiration of
the Air Services Agreement between the Government of the United States of
America and the Government of France, effective March 27, 1946, as
DRAFT
- 2 -
amended (or in the event of the termination or expiration of any part of
the Air Services Agreement, the authority granted by this permit shall
cease to the extent of such termination or expiration). However, clause
(3) of this paragraph shall not apply if, prior to occurrence of the event
specified in clause (3), the operation of the foreign air transportation
authorized becomes the subject of any treaty, convention, or agreement to
which the United States of America and the Government of France are or
shall become parties.
The Civil Aeronautics Board, through its Secretary, has executed this
permit and affixed its seal on July 14 1983.
PHYLLIS T. KAYLOR
Secretary
(SEAL)
DRAFT
Attachment
PERMIT TO FOREIGN AIR CARRIER
The holder's authority to conduct operations under the permit attached
shall also be subject to the following terms, conditions, and limitations:
(1) The holder shall keep on deposit with the Board a signed counterpart
of CAB Agreement 18900, an agreement relating to liability limitations of the
Warsaw Convention and the Hague Protocol approved by Board Order E-23680,
May 13, 1966, and a signed counterpart of any amendment or amendments to such
agreement which may be approved by the Board and to which the holder becomes
a party.
(2) The privileges granted by this permit are subject to the condition
that the holder comply with the requirements for minimum insurance coverage
contained in 14 CFR 205.
(3) By accepting this permit, the holder waives any right it may possess
to assert any defense of sovereign immunity from suit in any action or proceed-
ing instituted against the holder in any court or other tribunal in the United
States (or its territories or possessions) based upon any claim arising out
of operations by the holder under this permit.
(4) The holder shall not operate any aircraft under the authority granted
by this permit, unless the holder complies with operational safety requirements
at least equivalent to Annex 6 of the Chicago Convention.
(5) The holder shall conform to the airworthiness and airman competency
requirements prescribed by its home Government for international air service.
(6) Except as specifically authorized by the Board, all flights to/from
the United States or its territories or possessions must originate or terminate
in the holder's homeland.
(7) The holder shall not provide the foreign air transportation
authorized by this permit unless it holds a currently effective authorization
from its Government for such operations and such document is on file with the
Board.
(8) The exercise of the privileges granted by this permit shall be
subject to such other reasonable terms, conditions, and limitations required
by the public interest as may be prescribed by the Board.
*
FOR OFFICIAL USE ONLY
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 14th day of July, 1983
Application of
:
:
TRANS NORTH TURBO AIR LIMITED
:
Docket 41344
:
for amendment of its foreign air carrier
:
permit issued under section 402 of the
:
Federal Aviation Act of 1958, as amended
:
ORDER ISSUING FOREIGN AIR CARRIER PERMIT
By application filed March 8, 1983, and noticed in the Federal
Register, 1/ Trans North Turbo Air Limited d/b/a Trans North Air requests
amendment of its foreign air carrier permit which currently authorizes
scheduled foreign air transportation of persons and property between
Whitehorse, Yukon Territory, Canada and Juneau, Alaska. In its
application, Trans North seeks new route authority to engage in scheduled
foreign air transportation of persons, property, and mail between
Whitehorse, Yukon Territory, Canada and Fairbanks, Alaska, 2/ and authority
to carry mail on its existing route between Whitehorse and Juneau. The
authority sought is consistent with the U.S.-Canada Air Transport Services
Agreement governing scheduled services.
Over the Whitehorse-Fairbanks route, Trans North proposes to provide
daily round-trip services during the summer season (June 15-September 15),
using F-27 aircraft, and reduce the number of frequencies to two round-trip
flights each week during the winter season (September 16-June 14) using
smaller aircraft, namely DC-3, Cessna 404, or Titan aircraft.
No answers to Trans North's application or to the Federal Register
notice have been filed.
1/ 48 FR 11729, March 21, 1983.
2/ Trans North was designated for operations over this route (Canadian
Route F.4) by Diplomatic Note No. 241, dated May 14, 1982.
- 2 -
We have reviewed the record including the application, which is
summarized in Appendix A, and have decided to grant the application using
the simplified Subpart Q procedures. 3/ The public was informed of the
carrier's application by notices in the Federal Register and the Board's
weekly list of applications filed, describing the authority sought and
giving interested persons an opportunity to submit evidence and objections
to the award of the authority. The notices provided the required notice
and filing opportunities. Simplified procedures are appropriate in this
case because the authority sought is consistent with rights contained in
the U.S.-Canada Air Transport Services Agreement.
The applicant's fitness can be determined based on the submission of
evidence in this docket and the evidence submitted in Docket 40590, which
the applicant has incorporated by reference. Trans North is a Canadian
local service airline, which provides scheduled and charter air services
with small aircraft between points mainly in the Yukon and Northwest
Territories of Canada. Since 1975, Trans North has held authority from us
to conduct charter passenger services into the United States using small
aircraft. We recently found the applicant fit and awarded it a foreign air
carrier permit to engage in scheduled foreign air transportation (see Order
82-9-63). We have no information before us that would suggest our recent
fitness finding was in error or that it should be amended, conditioned, or
reversed. Trans North is owned and controlled by Canadian citizens. Its
financial statements for calendar year 1982 show total assets of $10
million, total liabilities of $9.3 million, and shareholders' equity of
$800,000. Trans North states that it will accept all of the terms,
conditions and limitations normally attached to foreign air carrier
permits.
In view of the foregoing and all the facts of record, we find and
conclude that:
1. The applicant is qualified and has been designated by its
government to perform the air services described in the attached foreign
air carrier permit;
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 the Act, and our rules, regulations and requirements;
3/ 14 CFR 302.1701 et seq. Under Rule 29(b), the Board may in its
discretion, omit a tentative decision in proceedings under Subpart Q and
proceed directly to a final decision, after provision of an opportunity for
interested parties to submit evidence and to object to grant of authority
under section 402 of the Act.
- 3 -
3. The public interest requires that the exercise of the privileges
granted by the permit shall 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;
4. The applicant is substantially owned and effectively controlled
by nationals of its homeland country;
5. Issuance of this amended foreign air carrier permit will not
constitute a "major regulatory action" under the Energy Policy and
Conservation Act of 1975, as defined in subsection 313.4(a) (1) of our
Regulations; 4/ and
6. The public interest does not require an oral evidentiary hearing
on the application.
ACCORDINGLY,
1. We are issuing, in the form attached, an amended foreign air
carrier permit to the applicant authorizing scheduled foreign air
transportation of persons, property, and mail between Whitehorse, Yukon
Territory, Canada and Fairbanks, Alaska; and adding authority to carry
mail over its current route between Whitehorse, Yukon Territory, Canada
and Juneau, Alaska;
2. We deny, except to the extent granted, the application and other
requests for relief in this Docket;
3. The Secretary of the Board shall sign the permit on our behalf
and shall affix the seal of the Board;
4. Unless disapproved by the President of the United States under
section 801(a) of the Act, this order with the attached permit shall be-
come effective on the 61st day after its submission to the President, 5/
or upon the date of receipt of advice from the President that he does not
intend to disapprove the Board's order under that section whichever is
earlier; and
4/ Our finding is based upon the fact that the applicant's permit will
not result in a near-term annual increase in fuel consumption in excess of
10 million gallons.
5/ This order was submitted to the President on JUL 15 1983
The 61st day is SEP 14 1983
- 4 -
5. We shall serve this order on the applicant, the Ambassador of
Canada in Washington, D.C., and the Departments of State and
Transportation.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
Appendix A
SUMMARY OF APPLICATION
Homeland Country: Canada
Authority Covered By Bilateral Agreement: Yes
Designated By Its Government: By Diplomatic Note 241, dated May 14, 1982
COPY Reagan Presidential Record
Holds Government License For Authority Sought: Yes. Document attached
to application in Docket 41344.
Operating History: Trans North has been conducting scheduled passenger
service within Canada since 1973, and recently began scheduled passenger
service between the United States and Canada. Also, Trans North has
been conducting charter services to the United States since 1975, with
small aircraft.
Aircraft Owned: 2 DC-3; 2 deHavilland Twin Otter; 2 Cessna 404 Titans;
1 Cessna 402. Trans North plans to acquire an F-27 aircraft.
Aircraft Maintenance Performed By: Trans North at its base of operations
in Whitehorse, Yukon, Canada.
Financial Indicators (as of):
Dec. 31, 1982
(000)
Total Assets
$10,000
Total Liabilities
9,300
Owners' Equity
800
Operating Profit (Loss) 12 mos. ended
(117)
Majority Ownership By Nationals Of: Canada
Effective Control By Nationals Of: Canada
Insurance Coverage: Yes
Insurance Refused Or Involuntarily Canceled During Last 3 Years: No
Refused Debt Financing Last 3 Years: No
Defaulted On Transportation Commitments Last 3 Years: No
Failed To Meet Current Financial Obligations Last 3 Years: No
Safety Violations During Last 5 Years: No
Tariff Violations During Last 5 Years: No
Subscribes To Standard Permit Conditions Regarding Insurance And Annex 6
Of Chicago Convention and C.A.B. Agreement 18900: Yes
Near-Term Annual Fuel Consumption Exceeds 10 Million Gallons: No
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
PERMIT TO FOREIGN AIR CARRIER
(as amended)
TRANS NORTH TURBO AIR LIMITED
d/b/a TRANS NORTH AIR
is authorized, subject to the provisions set forth, the provisions of the
Federal Aviation Act of 1958, as amended, and the orders, rules and
regulations of the Board to engage in foreign air transportation of
persons, property, and mail, as follows:
1. Between the terminal point Whitehorse, Yukon Territory, Canada
and the terminal point Juneau, Alaska.
2. Between the terminal point Whitehorse, Yukon Territory, Canada
and the terminal point Fairbanks, Alaska.
This permit and the exercise of the privileges granted in it shall be
subject to the terms, conditions and limitations attached, and to the
following:
1. This permit shall be subject 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 the permit remains in effect, to which the United States and
Canada shall be parties.
2. Except as otherwise provided in the U.S.-Canada Nonscheduled Air
Services Agreement, the holder may not operate charters over these routes.
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 effective date any treaty, convention or agreement or
amendment, which shall have the effect of eliminating the route or routes
authorized by this permit from the routes which may be operated by
airlines designated by the Government of Canada, or in the event of one
elimination of any part of the authorized service the authority granted
shall terminate to the extent of such elimination), or (2) upon the
effective date of any permit granted by the Board to any other carrier
designated by the Government of Canada in lieu of the holder hereof, or
(3) upon the termination or expiration of the Air Transport Agreement,
- 2 -
between the Government of the United States and the Government of Canada
as amended by the exchange of notes signed May 8, 1974 (or in the event of
the termination or expiration of any part of the Air Transport Agreement
the authority granted by this permit shall cease to the extent of such
termination or expiration). However, clause (3) of this paragraph shall
not apply if, prior to the occurrence of the event specified in clause
(3), the operation of the foreign air transportation here authorized
becomes the subject of any treaty, convention, or agreement to which the
United States and Canada are or shall become parties.
The Civil Aeronautics Board, through its Secretary, has executed this
permit and affixed its seal on July 14, 1983.
PHYLLIS T. KAYLOR
Secretary
(SEAL)
ATTACHMENT
PERMIT TO FOREIGN AIR CARRIER
The holder's authority to conduct operations under the permit to which
this is attached shall also be subject to the following terms, conditions, and
limitations:
(1) The holder shall keep on deposit with the Board a signed counterpart
of CAB Agreement 18900, an agreement relating to liability limitations of the
Warsaw Convention and the Hague Protocol approved by Board Order E-23680,
May 13, 1966, and a signed counterpart of any amendment or amendments to such
agreement which may be approved by the Board and to which the holder becomes a
party.
(2) The privileges granted by this permit are subject to the condition
that the foreign air carrier complies with the requirements for minimum
insurance coverage contained in 14 CFR 205.
(3) By accepting this permit, the holder waives any right it may possess
to assert any defense of sovereign immunity from suit in any action or pro-
ceeding instituted against the holder in any court or other tribunal in the
United States (or its territories or possessions) based upon any claim arising
out of operations by the holder under this permit.
(4) The holder shall not operate any aircraft under the authority granted
by this permit, unless the holder complies with operational safety requirements
at least equivalent to Annex 6 of the Chicago Convention.
(5) The holder shall conform to the airworthiness and airman competency
requirements prescribed by its home Government for international air service.
(6) Except as specifically authorized by the Board, all flights to/from
the United States must originate or terminate in the holder's homeland.
(7) The holder shall not provide the foreign air transportation authorized
by this permit unless it holds a currently effective authorization from its
Government for such operations and such document is on file with the Board.
(8) The exercise of the privileges granted by this permit shall be subject
to such other reasonable terms, conditions, and limitations required by the
public interest as may be prescribed by the Board.
*
*
*
*
FOR OFFICIAL USE ONLY
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D.C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 19th day of July, 1983
In the matter of the revocation of the :
foreign air carrier permits issued to :
:
CERTAIN FOREIGN AIR CARRIERS
:
Docket 41538
:
under section 402 of the Federal
:
Aviation Act of 1958, as amended
:
ORDER
By Order 83-6-49 , adopted June 16, 1983, we directed all
interested persons to show cause why we should not, subject to the
disapproval of the President, revoke the foreign air carrier permits
issued to the foreign air carriers listed on the Appendix to that
order. 1/ We tentatively concluded that these permits should be revoked
because the carriers listed failed to maintain a certificate of
insurance, which is required under Part 205 of our regulations and by a
condition in the permits of all foreign air carriers. 2/
The order directed persons objecting to our tentative findings and
conclusions set forth in that order, or to the issuance of the proposed
foreign air carrier permit, to file their objections within 28 days. In
addition, the order provided that in the event no objections were filed,
all further procedural steps would be deemed waived, and the Secretary
1/ We also stated that we would separately dismiss as moot the pending
renewal/amendment applications of certain of these carriers after final
action has been taken in this proceeding on the revocation of the
underlying permit authority of these carriers.
2/ The Government of Colombia has withdrawn the designations of
Aerocosta, S.A. and Aerovias Condor de Colombia, S.A. Therefore, in the
case of these two Colombian carriers, our revocation action is merely an
administrative tool to cancel their permits since they are no longer
designated by their government. Some of the other carriers cited may
also have had their designations and/or operating licenses revoked by
their governments.
- 2 -
would enter an order which (1) would make final our tentative findings
and conclusions, 3/ and (2) subject to the disapproval of the President
pursuant to section 801(a) of the Act, would revoke the foreign air
carrier permits issued to the carriers listed on the Appendix to that
order.
No objections to Order 83-6-49 have been filed with regard to the
carriers listed on the Appendix to this order.
ACCORDINGLY,
1. We make final our tentative findings and conclusions set forth
in Order 83-6-49 ;
2. We are revoking the foreign air carrier permits issued to the
carriers listed on the Appendix to this order; and
3. Unless disapproved by the President of the United States under
section 801 (a) of the Act, this order and the permit attached shall
become effective on the 61st day after its submission to the President 4/
or upon the date of receipt of advice from the President that he does not
intend to disapprove our order under that section, whichever is earlier.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
3/ We indicated that any objections concerning the carriers listed in
the Appendix to Order 83-6-49 would be dealt with individually by
separate order, and that we would make final our decision on the
remaining carriers together.
4/ This order was submitted to the President on JUL 2 0 1933
The 61st day is SEP 19 1983
Appendix
Page 1 of 1
Order Issuing
Foreign Air
Name of Carrier
Carrier Permit
Homeland
Aero B Venezuela, C.A.
82-10-67
Venezuela
Aerocosta, S.A.
71-6-1
Colombia
Aerotour Dominicano, C. por A.
80-5-186
Dominican Republic
Aerovias Condor de Colombia, S.A.
77-3-24
Colombia
Aerovias "Q" S.A.
E-13551
Cuba
Aerovias Quisqueyana, C. por A.
81-9-104
Dominican Republic
Air Manila, Inc
73-3-23
Philippines
AirWest Airlines Ltd.
80-4-11
Canada
Air Zaire
73-6-54
Zaire
Belize Airways Limited
78-11-40
Belize
Caribbean International Airways Limited
d/b/a Caribbean Airways
80-12-30
Barbados
Caribwest Airways Limited
80-3-135
Barbados
Cuba Aeropostal, S.A.
E-7847, E-12945
Cuba
Expreso Aereo Inter-Americano, S.A.
E-5129, E-12945
Cuba
Iscargo, H.F.
77-3-45
Iceland
Laker Airways Limited
80-5-96, 80-12-30, 81-6-13
United Kingdom
Montana Austria Flugbetrieb Gesellshaft
m.b.H. d/b/a Montana Austria Airlines
78-5-10
Austria
Ontario Worldair Limited (Canada)
79-5-110
Canada
Redcoat Air Cargo Limited
80-12-84
United Kingdom
Societa' Aerea Mediterranea (SAM) S.p.A. 77-1-66
Italy
Societe Anonyme De Transport
Aerien (SATA)
77-12-56
Switzerland
Transmeridan Air Cargo Limited
80-4-119
United Kingdom
Turks Air Limited
80-4-24
United Kingdom
Order 83-6-49
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D. C.
on the 16th day of June, 1983
In the matter of the revocation of the :
foreign air carrier permits issued to :
:
CERTAIN FOREIGN AIR CARRIERS
:
Docket 41538
:
under section 402 of the Federal
:
Aviation Act of 1958, as amended
:
Applications of
:
:
AIR MANILA, INC.
:
Dockets 37815
BELIZE AIRWAYS LIMITED
:
36280
ISCARGO, H.F.
:
37745
MONTANA AUSTRIA FLUGBETRIEB
:
37834
GESELLSHAFT, m.b.H.
:
d/b/a MONTANA AUSTRIA AIRLINES
:
:
for renewal and amendment of their
:
foreign air carrier permits pursuant
:
to section 402 of the Federal Aviation
:
Act of 1958, as amended
:
STATEMENT OF TENTATIVE FINDINGS AND CONCLUSIONS
AND ORDER TO SHOW CAUSE
Background
On October 13, 1981, we adopted aircraft accident liability
insurance rules (Part 205 of our Economic Regulations) which became
effective February 23, 1982. 1/ These rules require that, among other
things, foreign air carriers holding United States authority file with
the Board certificates of insurance (CAB Form 205-A), satisfying the
requirements of Part 205, prior to engaging in foreign air
transportation. Since our previous insurance requirements for foreign
air carriers were imposed in the form of a condition in their section 402
permits, we simultaneously amended all foreign air carrier permits to
include the explicit condition that foreign air carriers must comply with
the requirements for minimum insurance coverage specified in Part 205. 2/
Thus, any foreign air carrier operations conducted without proper
insurance coverage would be in violation of our rules and that carrier's
permit.
1/
46 FR 52572, October 27, 1981 (ER-1253).
2/
See Order 81-12-82, effective February 23, 1982.
- 3 -
public interest to allow these carriers' operating authority to remain
extant when they have neither complied with the insurance rule nor
acknowledged such a critical obligation to the public. 5/ Furthermore,
it now is evident that most of these airlines are no longer operating at
all and that none of them are operating to the U.S., and there would be
no countervailing public interest in maintaining their permits in effect.
We recognize that some of these carriers are or were principal flag
airlines of their homelands, and we emphasize that our action here is
entirely without prejudice to any future applications by carriers of the
respective homeland countries.
Our insurance rule is, as we explained at length in ER-1253, a pro-
per exercise of our regulatory powers, and none of the subject carriers,
nor any of their homeland governments now challenges our imposition of
the insurance requirement. The Board has included an insurance condition
in foreign air carrier permits for many years. The insurance rule
codifies the insurance condition and requires foreign air carriers to
show evidence of ability to meet insurance levels.
Applications of Air Manila, Belize Airways, Iscargo and Montana Austria
Air Manila, Inc. (a Philippine charter carrier), Belize Airways
Limited (a Belize scheduled carrier), and Iscargo, H.F. (an all-cargo
carrier from Iceland) filed applications in 1979 and early 1980 in
Dockets 37815, 36280 and 37745, respectively, for renewal and amendment
of their foreign air carrier permits. Since the carriers invoked the
provisions of the Administrative Procedure Act (5 U.S.C. 558(c)) when
they filed their renewal applications, their permits remain effective
until final Board action on those applications. Our staff has not pro-
cessed these applications because the carriers failed to supply all
required evidentiary information. These carriers also do not have
certificates of insurance on file with the Board.
Montana Austria Flugbetrieb Gesellshaft, m.b.H. d/b/a Montana
Austria Airlines (an Austrian charter carrier) applied in March 1980 in
Docket 37834 for an amended permit for Vienna-New York scheduled
authority. 6/ Montana also has no insurance certificate on file. 7/
5/ The Government of Colombia has withdrawn the designations of
Aerocosta, S.A. and Aerovias Condor de Colombia, S.A. Therefore, in the
case of these two Colombian carriers, our proposed revocation action is
merely an administrative tool to cancel their permits since they are no
longer designated by their government. Some of the other carriers cited
may also have had their designations and/or operating licenses revoked by
their governments.
6/ By Order 81-2-91 we tentatively decided to grant Montana an amended
permit for this authority. We, however, have not issued a final order in
Docket 37834. This order reverses our tentative decision in Order
81-2-91.
7/ We understand Montana's operating license from its government has
been cancelled.
- 5 -
determine that there are no factual issues presented that warrant the
holding of an oral evidentiary hearing or further nonoral hearing
procedures; 7/
4. In the event no objections are filed, all further procedural
steps will be deemed to have been waived with respect to the unopposed
permit revocations and application dismissals, and the Secretary shall
enter orders which (1) shall make final our tentative findings and
conclusions set forth in this order, and subject to the disapproval of
the President pursuant to section 801 (a) of the Act, shall revoke the
foreign air carrier permits held by the carriers listed on the Appendix
to this order, and (2) following the President's decision on the
revocation order, shall dismiss the applications in Dockets 36280, 37745,
37815 and 37834; and
5. We are serving this order upon each carrier listed on the
Appendix to this order, the Ambassador of each carrier's homeland in
Washington, D.C., and the Departments of State and Transportation.
We shall publish this order in the Federal Register.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
7/
Since provision is made for the filing of objections to this order,
petitions for reconsideration will not be entertained.
Appendix
Page 1 of 1
Order Issuing
Foreign Air
Name of Carrier
Carrier Permit
Homeland
Aero B Venezuela, C.A.
82-10-67
Venezuela
Aerocosta, S.A.
71-6-1
Colombia
Aerotour Dominicano, C. por A.
80-5-186
Dominican Republic
Aerovias Condor de Colombia, S.A.
77-3-24
Colombia
Aerovias "Q" S.A.
E-13551
Cuba
Aerovias Quisqueyana, C. por A.
81-9-104
Dominican Republic
Air Manila, Inc
73-3-23
Philippines
AirWest Airlines Ltd.
80-4-11
Canada
Air Zaire
73-6-54
Zaire
Belize Airways Limited
78-11-40
Belize
Caribbean International Airways Limited
d/b/a Caribbean Airways
80-12-30
Barbados
Caribwest Airways Limited
80-3-135
Barbados
Cuba Aeropostal, S.A.
E-7847, E-12945
Cuba
Expreso Aereo Inter-Americano, S.A.
E-5129, E-12945
Cuba
Iscargo, H.F.
77-3-45
Iceland
Laker Airways Limited
80-5-96, 80-12-30, 81-6-13
United Kingdom
Montana Austria Flugbetrieb Gesellshaft
m.b.H. d/b/a Montana Austria Airlines
78-5-10
Austria
Ontario Worldair Limited (Canada)
79-5-110
Canada
Redcoat Air Cargo Limited
80-12-84
United Kingdom
Societa' Aerea Mediterranea (SAM) S.p.A. 77-1-66
Italy
Societe Anonyme De Transport
Aerien (SATA)
77-12-56
Switzerland
Transmeridan Air Cargo Limited
80-4-119
United Kingdom
Turks Air Limited
80-4-24
United Kingdom
FOR OFFICIAL USE ONLY
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D.C.
Adopted by the Civil Aeronautics Board
at its offices in Washington, D.C.
on the 27th day of June, 1983
In the matter of
:
:
CERTAIN INDIRECT FOREIGN AIR CARRIERS
:
Docket 41455
:
cancellation of foreign air carrier permits
:
issued under section 402 of the Federal
:
Aviation Act of 1958, as amended
:
ORDER CANCELLING FOREIGN AIR CARRIER PERMITS
By Order 83-5-21, adopted May 3, 1983, we directed all interested
persons to show cause why we should not, subject to the disapproval of the
President, cancel the foreign air carrier permits issued to certain
indirect foreign air carriers of passengers (see attached list). We
replaced the section 402 permit procedures with a simple registration
procedure under new Subpart F of Part 380 of our Special Regulations.
Thus, foreign air carrier permit authority is no longer necessary since
foreign charter operators need only apply under our registration procedure.
Our order directed persons objecting to our tentative findings and
conclusions set forth in that order, to file their objections within 45
days. In addition, the order provided that in the event no objections were
filed, all further procedural steps would be considered waived, and the
Secretary would enter an order which (1) would make final our tentative
findings and conclusions, and (2) subject to the disapproval of the
President pursuant to section 801(a) of the Act, would cancel the foreign
air carrier permits effective 45 days after the effective date of that
order.
-2-
No objections to Order 83-5-21 have been filed by the indirect
foreign air carriers indicated on the attached list, or by any other
person.
ACCORDINGLY,
1. We make final our tentative finding and conclusion set forth in
Order 83-5-21 ;
2. We are canceling the foreign air carrier permits issued to the
indirect foreign air carriers on the attached list effective 45 days after
the effective date of this order; and
3. Unless disapproved by the President of the United States under
section 801(a) of the Act, this order shall become effective on the 61st
day after its submission to the President 1/, or upon the date of receipt
of advice from the President that he does not intend to disapprove the
Board's order under that section, whichever is earlier.
By the Civil Aeronautics Board:
PHYLLIS T. KAYLOR
Secretary
(SEAL)
All Members concurred.
1/ This order was submitted to the President on JUN 30 1993
The 61st day is AUG 30
7083
Name and Address of Indirect Air Carrier
Order No. and
(or its Designated Agent) Holding
Holder's Homeland
Effective Date of
Section 402 Permit
Permit
Allair Vacations Canada Limited
Canada
76-1-64
Anderson & Pendleton
January 15, 1976
1000 Connecticut Ave., N.W., Suite 707
Washington, DC 20006
* Club Mediterranee S.A. (France) d/b/a
France
78-8-69
Club Med. Inc., (U.S.A.)
August 14, 1978
United States Corporation Company
306 South State Street
Dover, Delaware
Deutsches Reiseburo GmbH (Germany) d/b/a
Federal Republic of Germany
78-8-61
Der Travel Service
August 11, 1978
Paul Reiber
6714 Whittier Avenue
McLean, VA 22101
* Globus-Gateway Tours, Ltd. (Switzerland)
Switzerland
78-5-9
John A. Martinen
May 2, 1978
69-15 Austin Street
Forest Hills, NY 11375
Holland Amerika Lijn, N.V.
Netherlands
80-5-30
Boros & Garofalo, P.C.
May 5, 1980
1120 Connecticut Ave., N.W., Suite 460
Washington, DC 20036
International Developers, Inc. (JAPAN) d/b/a
Japan
79-1-123
Toyo World Enterprises of California, Inc.
January 19,1979
Harry A. Bowen
Bowen and Atkin
2020 K Street, N.W., Suite 350
Washington, DC 20006
Page 1 of 4
Attachment
Name and Address of Indirect Air Carrier
Order No. and
(or its Designated Agent) Holding
Holder's Homeland
Effective Date of
Section 402 Permit
Permit
* Japan Travel Bureau, Inc. d/b/a Japan
Japan
80-6-174
Travel Bureau International Inc.
June 27, 1980
Mr. Carol Lyttle, Jr.
Whitman & Ransom
522 Fifth Avenue
New York, NY 10036
* Jetsave Ltd. (United Kingdom)
United Kingdom
77-3-44
Paul Mowforth
March 5, 1977
17044 Collins Avenue
Miami Beach, FL 33160
Kinki Nippon Tourist Co. (Japan) d/b/a
Japan
79-8-149
Kintetsu World Express, Inc. (U.S.A.)
August 27, 1979
Mr. Robert N. Meiser
910 17th Street, N.W., Suite 828
Washington, DC 20006
Kuoni Travel Limited (Switzerland) d/b/a
Switzerland
76-6-135
Kuoni Travel, Inc.
June 17, 1976
Mr. Richard J. Kendall
Shaw, Pittman, Potts & Trowbridge
910 17th Street, N.W.
Washington, DC 20006
Laker Air Travel Limited 1/
United Kingdom
80-5-96
Mr. Robert M. Beckman
May 14, 1980
1001 Connecticut Ave., N.W., Suite 235
Washington, DC 20036
Page 2 of 4
Attachment
Name and Address of Indirect Air Carrier
Order No. and
(or its Designated Agent) Holding
Holder's Homeland
Effective Date of
Section 402 Permit
Permit
* Reiseburo Schwaben International GmbH
Federal Republic of Germany
78-5-7
(Germany) d/b/a Schwaben
May 2, 1978
Morris R. Garfinkle
Galland, Kharasch, Calkins & Short, P.C.
1054 31st Street, N.W.
Washington, DC 20007
Sun Tours Limited (Canada)
Canada
77-5-55
Mr. Paul M. Ruden
May 11, 1977
Wilner & Scheiner
1200 New Hampshire Ave., N.W.
Washington, DC 20036
Sytour SC
Belgium
78-1-93
Robert M. Hausman
January 19, 1978
Hausman and Rosenthal
2020 K Street, N.W.
Washington, DC 20006
Thomas Cook Overseas, Ltd. (Great Britain),
United Kingdom
77-3-90
d/b/a Thomas Cook, Inc. (U.S.A)
March 14, 1977
Mr. Charles A. Hobbs
Wilkinson, Cragun & Barker
1735 New York Ave., N.W.
Washington, DC 20006
Top Tours, S.A. (Spain) d/b/a TTI
Spain
80-5-184
Travel, Inc. (U.S.A.)
May 28, 1980
Howard S. Boros
Boros & Garofalo, P.C.
1120 Connecticut Ave., N.W.
Suite 460, Bender Building
Page 3 of 4
Attachment
Washington, DC 20036
Name and Address of Indirect Air Carrier
Order No. and
(or its Designated Agent) Holding
Holder's Homeland
Effective Date of
Section 402 Permit
Permit
Travac, A.G. (Switzerland) 2/
Switzerland
79-8-145
W. J. Deacon
August 27, 1979
1270 Broadway
New York, NY 10001
* Travelair AG (Switzerland)
Switzerland
79-8-146
530 Fifth Avenue
August 27, 1979
New York, NY 10036
*/ Registered under new Subpart F "Registration of Foreign Charter Operators", to Part 380.
1/ Laker Air Travel Limited (LATL) has not registered under Part 380. However, LATL's former owners have
registered under the name Freddie Laker's Skytrain Limited d/b/a Laker Travel d/b/a Laker.
2/ Travac, A.G. (Switzerland) has not registered under Part 380. The sole owner of this entity also is a
part owner (45%) of Travac Tours and Charter, Inc. (another Swiss charter operator) which has registered under
Part 380.
Page 4 of 4
Attachment
Order 83-5-21
UNITED STATES OF AMERICA
CIVIL AERONAUTICS BOARD
WASHINGTON, D. C.
Adopted by the Civil Aeronautics Board
at its office in Washington, D.C.
on the 3rd day of May, 1983
In the matter of
:
:
CERTAIN INDIRECT FOREIGN AIR CARRIERS
:
Docket 41455
:
cancellation of foreign air carrier
:
permits issued under section 402 of the
:
Federal Aviation Act of 1958, as amended
:
Application of
:
:
DEUTSCHES REISEBURO GMBH (GERMANY)
:
Docket 38487
d/b/a DER TRAVEL SERVICE
:
:
for renewal of its indirect foreign air
:
carrier permit pursuant to section 402 of
:
the Federal Aviation Act of 1958,
:
as amended
:
STATEMENT OF TENTATIVE FINDINGS AND CONCLUSIONS
AND ORDER TO SHOW CAUSE
Background
In November 1981 we adopted a new Subpart F, "Registration of Foreign
Charter Operators," to Part 380 of our Special Regulations, which governs
Public Charter programs. This amended regulation exempted indirect foreign
air carriers of passengers from the formal licensing procedures under
section 402 of the Federal Aviation Act that direct foreign air carriers
must follow to obtain operating authority, and established a simple
registration procedure in its place. The rule became effective on January
1982 for new foreign charter operators. and on March 18. 1982 for
existing foreign charter operators holding either indirect foreign air
carrier permits or an exemption under section 416(b) from the permit
requirements of section 402. 1/
1/ See SPR-179, 46 FR 56605, November 18, 1981 and SPR-183, 47 FR 5204,
February 4, 1982.
-3-
In view of the foregoing and pursuant to section 402(f)(1) of the Act,
we tentatively find and conclude that cancellation of the foreign air
carrier permits held by the indirect air carriers on the attached list
would be in the public interest. 5/
ACCORDINGLY,
1. We direct all interested persons to show cause why we should not
(1) make final our tentative findings and conclusions; and (2) subject to
the disapproval of the President pursuant to section 801 (a) of the Act,
cancel the foreign air carrier permit issued to each of the indirect
foreign air carriers on the attached list;
2. Any interested persons objecting to the issuance of an order
making final the Board's tentative findings an conclusions shall, no later than
June 24, 1983, file with the Board in Docket 41455 and serve on the persons named in
paragraph 6, 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 expected to be relied
upon in support of the objections. If an oral evidentiary hearing is
requested, the objector should state in detail why such a hearing is
considered necessary and what relevant and material facts he or she would
expect to establish through such hearing which cannot be established in
written pleadings. If objections are filed, answers may be filed, but no
later than July 5, 1983. The filing of objections with respect to one
carrier shall affect this order and our tentative findings and conclusions
only as it concerns that carrier;
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: Provided, that we may proceed
to enter an order in accordance with our tentative findings and conclusions
set forth in this order if we determine that there are no factual issues
presented that warrant the holding of an oral evidentiary hearing; 6/
4. In the event no objections are filed, all further procedural steps
will be deemed to have been waived, and the Secretary shall enter an order
which (1) shall make final our tentative findings and conclusions set forth
in this order, and (2) subject to the disapproval of the President pursuant
to section 801 (a) of the Act, shall cancel the foreign air carrier permits
held by the indirect air carriers listed on the attachment to this order
ffective 45 days after the effective date of that order;
Our action revoking the permits is without prejudice to the holders
regaining their authority under the simplified registration procedures.
Indeed, we encourage those who have not yet done SO to register promptly.
Since provision is made for the filing of objections to this order,
octitions for reconsideration will not be entertained.
Name and Address of Indirect Air Carrier
Order No. and
(or its Designated Agent) Holding
Holder's Homeland
Effective Date of
Section 402 Permit
Permit
Allair Vacations Canada Limited
Canada
76-1-64
Anderson & Pendleton
January 15, 1976
1000 Connecticut Ave., N.W., Suite 707
Washington, DC 20006
* Club Mediterranee S.A. (France) d/b/a
France
78-8-69
Club Med. Inc., (U.S.A.)
August 14, 1978
United States Corporation Company
306 South State Street
Dover, Delaware
* Deutsches Reiseburo GmbH (Germany) d/b/a
Federal Republic of Germany
78-8-61
Der Travel Service
August 11, 1978
Paul Reiber
6714 Whittier Avenue
McLean, VA 22101
*
Globus-Gateway Tours, Ltd. (Switzerland)
Switzerland
78-5-9
John A. Martinen
May 2, 1978
69-15 Austin Street
Forest Hills, NY 11375
Holland Amerika Lijn, N.V.
Netherlands
80-5-30
Boros & Garofalo, P.C.
May 5, 1980
1120 Connecticut Ave., N.W., Suite 460
Washington, DC 20036
International Developers, Inc. (JAPAN) d/b/a
Japan
79-1-123
Toyo World Enterprises of California, Inc.
January 19, 1979
Harry A. Bowen
Bowen and Atkin
2020 K Street, N.W., Suite 350
Washington, DC 20006
Page 1 of 4
Attachment
Name and Address of Indirect Air Carrier
Order No. and
(or its Designated Agent) Holding
Holder's Homeland
Effective Date of
Section 402 Permit
Permit
* Reiseburo Schwaben International GmbH
Federal Republic of Germany
78-5-7
(Germany) d/b/a Schwaben
May 2, 1978
Morris R. Garfinkle
Galland, Kharasch, Calkins & Short, P.C.
1054 31st Street, N.W.
Washington, DC 20007
Sun Tours Limited (Canada)
Canada
77-5-55
Mr. Paul M. Ruden
May 11, 1977
Wilner & Scheiner
1200 New Hampshire Ave., N.W.
Washington, DC 20036
Sytour SC
Belgium
78-1-93
Robert M. Hausman
January 19, 1978
Hausman and Rosenthal
2020 K Street, N.W.
Washington, DC 20006
Thomas Cook Overseas, Ltd. (Great Britain),
United Kingdom
77-3-90
d/b/a Thomas Cook, Inc. (U.S.A)
March 14, 1977
Mr. Charles A. Hobbs
Wilkinson, Cragun & Barker
1735 New York Ave., N.W.
Washington, DC 20006
Top Tours, S.A. (Spain) d/b/a TTI
Spain
80-5-184
Travel, Inc. (U.S.A.)
May 28, 1980
Howard S. Boros
Boros & Garofalo, P.C.
1120 Connecticut Ave., N.W.
Suite 460, Bender Building
Page 3 of 4
Attachment
Washington, DC 20036
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"ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: JGR/Civil Aviation Board Decisions\n(6 of 16)\nBox: 10\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nRBW 8/30/2005\nFile Folder\nJGR/CIVIL AVIATION BOARD DECISIONS (6 OF 16)\nFOIA\nF05-139/01\nBox Number\nCOOK\n15RW\nDOC Doc Type\nDocument Description\nNo of Doc Date Restrictions\nCUPT T Reagan Presidential Record\nNO\nPages\n1\nSUMMARY SUMMARY OF APPLICATION FOR\n1\nND\nB4\n490\nCANADA AIRCRAFT (OPEN IN WHOLE)\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified information [(b)(1) of the FOIA]\nB-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]\nE.O. 13233\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nfate:\n**\nCAB DECISIONS\nsh\n16/6/\nDOT , DOJ\nnum to provings to Day Act, care came up.\nthe could not review sentences + eyes order\n1978 Denog Act.\n801 (a)\nElliot Salon Seden 724-6349\n- use not and x fact\n- don't how 801(a)\nall U.S. or none\nleft share 426-2972\non\n234,093 093\n168,\n866,059 66,\n05.9\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nJuly 11, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nDroR\nSUBJECT:\nCivil Aeronautics Board Decisions in\nAction Air Cargo Corporation, The Flying\nTiger Line, Inc., Northwest Airlines,\nInc., and Capitol Air, Inc.\nRichard Darman's office has asked for comments by close of\nbusiness Wednesday, July 13, 1983 on the above-referenced\nCAB decisions, which were submitted for Presidential review\nas required by § 801 (a) of the Federal Aviation Act of 1958,\nas amended, 49 U.S.C. § 1461 (a). Under this section, the\nPresident may disapprove, solely on the basis of foreign\nrelations or national defense considerations, CAB actions\ninvolving either foreign air carriers or domestic carriers\ninvolved in foreign air transportation. If the President\nwishes to disapprove such CAB actions, he must do so within\nsixty days of submission (in these cases, by July 23).\nThe orders here have been reviewed by the appropriate\ndepartments and agencies, following the procedures estab-\nlished by Executive Order No. 11920 (1976). OMB recommends\nthat the President not disapprove, and reports that the NSC\nand the Departments of State, Defense, Justice and Transporta-\ntion have not identified any foreign relations or national\ndefense reasons for disapproval. Since these orders involve\ndomestic carriers, judicial review is theoretically avail-\nable. Hence, the proposed letter from the President to the\nCAB Chairman prepared by OMB includes the standard sentence\ndesigned to preserve availability of judicial review, as\ncontemplated by the Executive Order for cases involving\ndomestic airlines.\nThe Action Air Cargo order authorizes service by that\ncarrier between Jamaica and the U.S. The remaining orders\nauthorize service by Flying Tiger between the U.S. on the\none hand and Australia and Lebanon on the other, and by\nNorthwest and Capitol between the U.S. and Lebanon. My\nreview of the orders confirms OMB's description of them as\n\"routine, noncontroversial matters.\"\nA memorandum for Darman is attached for your review and\nsignature.\nAttachment\nTHE WHITE HOUSE\nWASHINGTON\nJuly 11, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING 0-16. signed by FFF.\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nCivil Aeronautics Board Decisions in\nAction Air Cargo Corporation, The Flying\nTiger Line, Inc., Northwest Airlines,\nInc., and Capitol Air, Inc.\nOur office has reviewed the above-referenced CAB decisions\nand related materials and has no legal objection to the\nprocedure that was followed with respect to Presidential\nreview of such decisions under 49 U.S.C. $ 1461 (a).\nWe also have no legal objection to OMB's recommendation that\nthe President not disapprove these orders or to the substance\nof the letter from the President to the CAB Chairman prepared\nby OMB.\nFFF:JGR:aw 7/11/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nJuly 11, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nCivil Aeronautics Board Decisions in\nAction Air Cargo Corporation, The Flying\nTiger Line, Inc., Northwest Airlines,\nInc., and Capitol Air, Inc.\nOur office has reviewed the above-referenced CAB decisions\nand related materials and has no legal objection to the\nprocedure that was followed with respect to Presidential\nreview of such decisions under 49 U.S.C. $ 1461 (a).\nWe also have no legal objection to OMB's recommendation that\nthe President not disapprove these orders or to the substance\nof the letter from the President to the CAB Chairman prepared\nby OMB.\nFFF:JGR:aw 7/11/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nID # 146564\nCU\nWHITE HOUSE\nCORRESPONDENCE TRACKING WORKSHEET\n0 OUTGOING\nH INTERNAL\nI INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nRichard G. Darman\nName of Correspondent:\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: CAB Decisions: action air Cargo\nCorporation, The Hying Higer Line, Inc.,\nNorthwest avlines and Capital\nair Inc.\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCo Holland\nORIGINATOR 83,07,07\n/\n/\nReferral Note:\nCUAT 18\nD. 83,07,07\n583,07,13\nReferral Note:\n/\n/\n/\n/\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nIn Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC Comment/Recommendation\nR Direct Reply w/Copy\nB . Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\n146564SS\nDocument No.\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\nJuly 7, 1983\nACTION/CONCURRENCE/COMMENT DUE BY:\nc.o.b. WEDNESDAY, July 13\nCAB Decisions: Action Air Cargo Corporation, The Flying Tiger Line, Inc.,\nSUBJECT:\nNorthwest Airlines, Inc. and Capital Air, Inc.\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nHARPER\nMEESE\nHERRINGTON\nBAKER\nJENKINS\nDEAVER\nMcMANUS\nSTOCKMAN\nMURPHY\nCLARK\nROGERS\nDARMAN\nP\nSS\nROLLINS\nDUBERSTEIN\nVERSTANDIG\nFELDSTEIN\nWHITTLESEY\nFIELDING\nBRADY/SPEAKES\nFULLER\nGERGEN\nREMARKS:\nPlease provide any comments/edits by c.o.b. Wednesday, July 13.\nThank you.\nRESPONSE:\nRichard G. Darman\nAssistant to the President\nReceived S S\nAND OFFICE &\nEXECUTIVE OFFICE OF THE PRESIDENT\n1983 JUL -7 PH 2: 03\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nJuly 6, 1983\nACTION\nMEMORANDUM FOR:\nASSISTANT TO THE PRESIDENT\nAND DEPUTY TO THE CHIEF OF STAFF\nSUBJECT:\nCivil Aeronautics Board Decisions:\nAction Air Cargo Corporation\nThe Flying Tiger Line, Inc.\nDocket 41125\nNorthwest Airlines, Inc.\nDate due: July 22, 1983\nCapital Air, Inc.\nDockets 41332, 41394, 41418\nDate due: July 22, 1983\nYou will find attached a memorandum for the President about the\nabove international aviation cases. The interested executive\nagencies have reviewed the Board's decisions and have no\nobjection to the proposed orders.\nThese are routine, noncontroversial matters. No foreign policy\nor national defense reasons for disapproving the Board's orders\nhave been identified. I recommend that the President sign the\nattached letter to the Chairman which indicates that he does not\nintend to disapprove the Board's orders within the 60 days\nallowed by statute. Otherwise, the Board's orders become final\non the 61st day.\nConstance Home\nConstance Horner\nAssociate Director\nEconomics and Government\nAttachments:\nMemorandum to the President\nCAB letters of transmittal\nCAB orders\nLetter to the Chairman\nReceived 55\nTHE\nOFFICE\nand\nEXECUTIVE OFFICE OF THE PRESIDENT\n1983 JUL -7 PH 2: 04\nCUIHO\nOFFICE OF MANAGEMENT AND BUDGET\nSTATE\nWASHINGTON, D.C. 20503\nJuly 6, 1983\nACTION\nMEMORANDUM FOR THE PRESIDENT\nSUBJECT:\nCivil Aeronautics Board Decisions:\nAction Air Cargo Corporation\nThe Flying Tiger Line, Inc.\nDocket 41125\nNorthwest Airlines, Inc.\nDate due: July 22, 1983\nCapitol Air, Inc.\nDockets 41332, 41394, 41418\nDate due: July 22, 1983\nThe Civil Aeronautics Board proposes to take the following\nactions with regard to the above international aviation cases:\n- Amend the certificate of Action Air Cargo Corporation,\nauthorizing the airline to transport property and mail\nbetween Jamaica and the United States.\n-- Amend the certificate of The Flying Tiger Line, Inc.,\nauthorizing the airline to transport property and mail\nbetween the United States, on the one hand, and Austria\nand Lebanon, on the other. Amend the certificates of\nNorthwest Airlines, Inc., and Capitol Air, Inc.,\nauthorizing the airlines to transport persons, property\nand mail between the United States and Lebanon.\nThe Departments of State, Defense, Justice, and Transportation\nand the National Security Council have not identified any foreign\npolicy or national defense reasons for disapproving the orders in\nwhole or in part.\nThe Office of Management and Budget recommends that you approve\nthe Board's decisions by signing the attached letter to the\nChairman which indicates that you do not intend to disapprove the\nBoard's orders within the 60 days allowed by statute for your\nreview. Also, OMB recommends that you state in your letter that\nno national defense or foreign policy reason underlies your\naction. This will preserve whatever opportunity is available\nunder the statute for judicial review.\nConstance Home\nConstance Horner\nAssociate Director\nEconomics and Government\n2\nAttachments:\nCAB letters of transmittal\nCAB orders\nLetter to the Chairman\nOptions and Implementation Actions:\n( ) 1) Approve the Board's orders and preserve whatever\nopportunity is available for judicial review (DOS, DOD,\nDOJ, DOT, NSC, OMB)\n- Sign the attached letter to the Chairman.\n( ) 2) Approve the Board's orders and do nothing to preserve\nwhatever opportunity is available for judicial review.\n-- Implementation materials to be prepared.\n( ) 3) Disapprove the Board's orders.\n- Implementation materials to be prepared.\n( ) 4) See me.\nTHE WHITE HOUSE\nWASHINGTON\nDear Chairman McKinnon:\nI have reviewed the orders proposed by the Civil Aeronautics\nBoard in the following cases:\nAction Air Cargo Corporation\nThe Flying Tiger Line, Inc.\nDocket 41125\nNorthwest Airlines, Inc.\nCapitol Air, Inc.\nDockets 41332, 41394, 41418\nI have decided not to disapprove the Board's orders. No foreign\nrelations or national defense reason underlies my actions.\nSincerely,\nThe Honorable Dan McKinnon\nChairman\nCivil Aeronautics Board\nWashington, D.C. 20428\nFOR OFFICIAL USE ONLY\nTHE CHAIRMAN\nOF THE\nCIVIL AERONAUTICS BOARD\nTHE\nWASHINGTON, D.C. 20428\nB-11\nMAY 23 1983\nThe President\nThe White House\nWashington, D.C. 20500\nDear Mr. President:\nI transmit the Board's proposed order on the application of Action Air\nCargo Corporation, Docket 41125, for your consideration under section 80l(a) of\nthe Federal Aviation Act of 1958, as amended by the Airline Deregulation Act of\n1978. The order will issue an amended certificate to the applicant and adopt\nthe Board's tentative decision in its Order to Show Cause 83-3-122 (enclosed)\nunless you disapprove it within 60 days of this transmittal.\nIf you should decide earlier that you will not disapprove, please advise\nme to that effect; this will allow the earlier issuance of the authority.\nWe are submitting the proposed decision to you before publication under\nthe provisions of section 801(a) of the Federal Aviation Act of 1958. In\naccordance with Executive Order 11920, however, we plan to release all unclass-\nified portions of the decision on or after the sixth day following this\ntransmittal unless notified by your Assistant for National Security Affairs.\nRespectfully yours,\nDan McKennon\nDan McKinnon\nEnclosures\nFOR OFFICIAL USE ONLY\nFOR OFFICIAL USE ONLY\nTHE CHAIRMAN\nOF THE\nCIVIL AERONAUTICS BOARD\nTHE\nWASHINGTON, D. C. 20428\nB-11\nMAY 23 1983\nThe President\nThe White House\nWashington, D.C. 20500\nDear Mr. President:\nI transmit the Board's proposed order on the applications of The Flying\nTiger Line Inc., Docket 41332, Northwest Airlines, Inc., Docket 41394, and\nCapitol Air, Inc., Docket 41418, for your consideration under section 801 (a) of\nthe Federal Aviation Act of 1958 as amended by the Airline Deregulation Act of\n1978. The order will adopt the Board's decision establishing simplified\nprocedures and issue certificate amendments to the applicants unless you\ndisapprove it within 60 days of this transmittal.\nIf you should decide earlier that you will not disapprove, please advise\nme to that effect; this will allow the earlier issuance of the authority.\nWe are submitting the proposed decision to you before publication under\nthe provisions of section 801(a) of the Federal Aviation Act of 1958. In\naccordance with Executive Order 11920, however, we plan to release all unclass-\nified portions of the decision on or after the sixth day following this\ntransmittal unless notified by your Assistant for National Security Affairs.\nRespectfully yours,\nDan Mckinnon\nDan McKinnon\nEnclosures\nFOR OFFICIAL USE ONLY\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nAugust 15, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\n822\nSUBJECT:\nCivil Aeronautics Board Decisions in\nSociete Antillaise de Transports, et al\nCertain Indirect Foreign Air Carriers;\nCertain Foreign Air Carriers;\nTrans North Turbo Air Limited\nRichard Darman's office has asked for comments by close of\nbusiness Wednesday, August 17, 1983 on the above-referenced\nCAB decisions, which were submitted for Presidential review\nas required by $ 801 (a) of the Federal Aviation Act of 1958,\nas amended, 49 U.S.C. § 1461 (a). Under this section, the\nPresident may disapprove, solely on the basis of foreign\nrelations or national defense considerations, CAB actions\ninvolving either foreign air carriers or domestic carriers\ninvolved in foreign air transportation. If the President\nwishes to disapprove such CAB actions, he must do so within\nsixty days of submission (in these cases, by September 13,\nAugust 29, September 18, and September 13, respectively).\nThe orders here have been reviewed by the appropriate\ndepartments and agencies, following the procedures estab-\nlished by Executive Order No. 11920 (1976). OMB recommends\nthat the President not disapprove, and reports that the NSC\nand the Departments of State, Defense, Justice and Transporta-\ntion have not identified any foreign relations or national\ndefense reasons for disapproval. Since these orders involve\nforeign carriers, the proposed letter from the President to\nthe CAB Chairman prepared by OMB does not include the\nstandard sentence designed to preserve availability of\njudicial review.\nThe Air Guadeloupe order authorizes specified service by\nthat carrier. The indirect foreign air order cancels\ncertain existing permits to compel the carriers to comply\nwith new registration procedures. (The carriers have had\nample time to do so voluntarily.) The foreign air order\nrevokes certain permits for failure to maintain adequate\ninsurance, and the Trans North order authorizes specified\nservice by that carrier.\nA memorandum for Darman is attached for your review and\nsignature.\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nAugust 15, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING Orig. signed by FFF\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nCivil Aeronautics Board Decisions in\nSociete Antillaise de Transports, et al\nCertain Indirect Foreign Air Carriers;\nCertain Foreign Air Carriers;\nTrans North Turbo Air Limited\nOur office has reviewed the above-referenced CAB decisions\nand related materials and has no legal objection to the\nprocedure that was followed with respect to Presidential\nreview of such decisions under 49 U.S.C. § 1461 (a).\nWe also have no legal objection to OMB's recommendation that\nthe President not disapprove these orders or to the substance\nof the letter from the President to the CAB Chairman prepared\nby OMB.\nFFF: JGR:ph 8/16/83\nCC: FFFielding\nJGRoberts\nSubject\nChron.\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nAugust 15, 1983\nMEMORANDUM FOR RICHARD G. DARMAN\nASSISTANT TO THE PRESIDENT\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nCivil Aeronautics Board Decisions in\nSociete Antillaise de Transports, et al\nCertain Indirect Foreign Air Carriers;\nCertain Foreign Air Carriers;\nTrans North Turbo Air Limited\nOur office has reviewed the above-referenced CAB decisions\nand related materials and has no legal objection to the\nprocedure that was followed with respect to Presidential\nreview of such decisions under 49 U.S.C. $ 1461 (a).\nWe also have no legal objection to OMB's recommendation that\nthe President not disapprove these orders or to the substance\nof the letter from the President to the CAB Chairman prepared\nby OMB.\nDocument No.\n146907SS\nWHITE HOUSE STAFFING MEMORANDUM\nDATE:\n8/12/83\nACTION/CONCURRENCE/COMMENT DUE BY: 8/17/83\nSociete Antillaise de Transports, et al\nCAB DECISIONS RE:\nSUBJECT:\nCertain Indirect Foreign Air Carriers;\nCertain Foreign Air Carriers;\nTrans North Turbo Air Limited\nACTION FYI\nACTION FYI\nVICE PRESIDENT\nHARPER\nMEESE\nHERRINGTON\nBAKER\nJENKINS\nDEAVER\nMcMANUS\nSTOCKMAN\nMURPHY\nCLARK\nROGERS\nDARMAN\nP\nSS\nROLLINS\nDUBERSTEIN\nVERSTANDIG\nFELDSTEIN\nWHITTLESEY\nFIELDING\nBRADY/SPEAKES\nFULLER\nGERGEN\nREMARKS:\nMay we have your comments on the attached by close of business\nAugust 17. Thank you.\nRESPONSE:\nRichard G. Darman\nAscistant to the Procident\nTHE\nOFFICE\nEXECUTIVE OFFICE OF THE PRESIDENT\nTHE\nOFFICE\nBUDGET\nСБЩИП\nOFFICE OF management AND BUDGET\nONE\nSTATE\nWASHINGTON, D.C. 20503\nAUG 11 1983\nACTION\nMEMORANDUM FOR:\nASSISTANT TO THE PRESIDENT\nAND DEPUTY TO THE CHIEF OF STAFF\nSUBJECT:\nCivil Aeronautics Board Decisions\nCertain Indirect Foreign Air\nCertain Foreign Air Carriers\nCarriers\nDocket 41538\nDocket 41455\nDate due: September 18, 1983\nDate due: August 29, 1983\nTrans North Turbo Air Limited\nSociete Antillaise De\nDocket 41344\nTransports Aeriens d/b/a\nDate due: September 13, 1983\nAir Guadeloupe\nDocket 38858\nDate due: September 13, 1983\nYou will find attached a memorandum for the President about the\nabove international aviation cases. The interested executive\nagencies have reviewed the Board's decisions and have no\nobjection to the proposed orders.\nThese are routine, noncontroversial matters. No foreign policy\nor national defense reasons for disapproving the Board's orders\nhave been identified. I recommend that the President sign the\nattached letter to the Chairman which indicates that he does not\nintend to disapprove the Board's orders within the 60 days\nallowed by statute. Otherwise, the Board's orders become final\non the 61st day.\nOriginal signed by\nConstance Horner\nConstance Horner\nAssociate Director\nEconomics and Government\nAttachments:\nMemorandum to the President\nCAB letters of transmittal\nCAB orders\nLetter to the Chairman\nSECTIVE CHING THE OFFICE 1\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAUG 11 1983\nACTION\nMEMORANDUM FOR THE PRESIDENT\nSUBJECT:\nCivil Aeronautics Board Decisions:\nCertain Indirect Foreign Air\nCertain Foreign Air Carriers\nCarriers\nDocket 41538\nDocket 41455\nDate due: September 18, 1983\nDate due: August 29, 1983\nTrans North Turbo Air Limited\nSociete Antillaise De\nDocket 41344\nTransports Aeriens d/b/a\nDate due: September 13, 1983\nAir Guadeloupe\nDocket 38858\nDate due: September 13, 1983\nThe Civil Aeronautics Board proposes to take the following\nactions with regard to the above international air cases:\n-- Cancel the foreign air carrier permits issued to certain\nforeign charter tour operators and foreign air freight\nforwarders. The Board proposes this action in order to\ncompel these foreign charter tour operators and foreign\nair freight forwarders to abide by its new registration\nprocedures. The Board's action would cancel all permits\nremaining under the old procedures.\n-- Revoke the foreign air carrier permits issued to certain\nforeign air carriers. The Board proposes this action\nbecause these carriers failed to maintain insurance for\naircraft accident liability, as required by CAB\nregulations and by a condition in their permits.\nAmend the foreign air carrier permit of Trans North Turbo\nAir Limited authorizing the airline to transport persons,\nproperty and mail between Whitehorse, Yukon Territory,\nCanada and Fairbanks, Alaska.\nIssue a foreign air carrier permit to Air Guadeloupe\nauthorizing the airline to transport persons, property and\nmail between Guadeloupe, French West Indies; the\nintermediate point of St. Maarten, Netherlands Antilles;\nand San Juan, Puerto Rico.\n2\nThe Departments of State, Defense, Justice, and Transportation\nand the National Security Council have not identified any foreign\npolicy or national defense reasons for disapproving the orders in\nwhole or in part.\nThe Office of Management and Budget recommends that you approve\nthe Board's decisions by signing the attached letter to the\nChairman which indicates that you do not intend to disapprove the\nBoard's orders within the 60 days allowed by statute for your\nreview.\nOriginal signed by\nConstance Horner\nConstance Horner\nAssociate Director\nEconomics and Government\nAttachments:\nCAB letters of transmittal\nCAB orders\nLetter to the Chairman\nOptions and Implementation Actions:\n( ) 1) Approve the Board's orders. (DOS, DOD,\nDOJ, DOT, NSC, OMB).\n-- Sign the attached letter to the Chairman.\n( ) 3) Disapprove the Board's orders.\n- Implementation materials to be prepared.\n( ) 4) See me.\nTHE WHITE HOUSE\nWASHINGTON\nDear Chairman McKinnon:\nI have reviewed the orders proposed by the Civil Aeronautics\nBoard in the following cases:\nCertain Indirect Foreign Air\nCertain Foreign Air Carriers\nCarriers\nDocket 41538\nDocket 41455\nTrans North Turbo Air Limited\nSociete Antillaise De\nDocket 41344\nTransports Aeriens d/b/a\nAir Guadeloupe\nDocket 38858\nI have decided not to disapprove the Board's orders.\nSincerely,\nThe Honorable Dan McKinnon\nChairman\nCivil Aeronautics Board\nWashington, D.C. 20428\n-\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D. C.\nAdopted by the Civil Aeronautics Board\nat its office in Washington, D. C.\non the 14th day of July, 1983\nApplication of\n:\n:\nSOCIETE ANTILLAISE DE TRANSPORTS AERIENS\n:\nDocket 38858\nd/b/a AIR GUADELOUPE\n:\n:\nfor a foreign air carrier permit pursuant\n:\nto section 402 of the Federal Aviation\n:\nAct of 1958, as amended\n:\nORDER ISSUING FOREIGN AIR CARRIER PERMIT\nBy application filed October 17, 1980, and noticed in the Federal\nRegister, 1/ Societe Antillaise de Transports Aeriens d/b/a Air Guadeloupe\nrequests a foreign air carrier carrier permit to provide foreign air\ntransportation of persons, property and mail between a point or points in\nGuadeloupe, French West Indies, the intermediate point St. Maarten,\nNetherlands Antilles, and San Juan, Puerto Rico. 2/ Air Guadeloupe also\nrequests permission, under Part 215 of our Regulations, to do business\nunder the trade name Air Guadeloupe, as well as its full corporate name\nSociete Antillaise de Transports Aeriens. 3/\nNo answers to the application have been filed.\nWe have thoroughly reviewed the record including the application,\nwhich is summarized in Appendix A, and have decided to grant the\napplication using the simplified Subpart Q procedures. 4/ The public was\n1/ 47 FR 70954, October 27, 1980.\n2/ We delayed processing the application to permit Air Guadeloupe to\nsubmit additional evidentiary material as required by Part 211. The\napplication is now complete and ready for decision.\n3/ Since there has been no objection to the proposed trade name \"Air\nGuadeloupe\" and since there is no apparent risk of public confusion by use\nof that name, we are issuing the attached permit showing the applicant's\nfull corporate name and its trade name.\n4/ 14 CFR 302.1701 et seq. Under Rule 29(b), the Board may, in its own\ndiscretion, omit a tentative decision in proceedings under Subpart Q and\nproceed directly to a final decision, after provision of an opportunity for\ninterested parties to submit evidence and to object to grant of authority\nunder section 402 of the Act.\n- 2 -\ninformed of the carrier's application by notices in the Federal Register\nand the Board's weekly list of applications filed, describing the authority\nsought and giving interested persons an opportunity to submit evidence and\nobjections to the award of the authority. These notices provided the\nrequired notice and filing opportunities. Simplified procedures are\nappropriate in this case because the authority conferred is not of a\ncontroversial nature. The applicant's fitness is unchallenged and no\nanswers have been filed to the application or to the Federal Register\nnotice.\nOwnership and Control\nThe Government of France and the French Department of Guadeloupe own\n51 percent of the applicant's stock. Air France owns 45 percent of the\nstock and the Chamber of Commerce and Townships own the remaining 4\npercent. All of the directors and managers of Air Guadeloupe are French\ncitizens.\nFinancial and Operational Fitness\nThe evidence submitted by the applicant indicates that it has the\nmanagerial skills, the financial qualifications, operating and maintenance\ncapability, and compliance disposition necessary for a finding of fitness.\nThe financial records of Air Guadeloupe show total assets of $5.3\nmillion, total liabilities of $4.6 million and a net worth of $643 thousand\nas of December 31, 1980. It had a net loss of $440 thousand for the 12\nmonths ended December 31, 1980. After the French Government authorized Air\nGuadeloupe to increase its capital, the existing stockholders contributed\n$525 thousand in new capital to the company in 1981.\nAir Guadeloupe was incorporated under French law on March 23, 1970.\nIt is based at Raizet Airport, Guadeloupe. Air Guadeloupe began operations\nwith Twin Otter aircraft in 1970 between Pointe-a-Pitre, Guadeloupe and\nthree nearby islands. It currently operates over 130 weekly flights\nbetween Pointe-a-Pitre and Maria Galante, St. Maarten, St. Barthelemy,\nDominica, and Antigua. It carried 259,000 passengers in 1980. Air\nGuadeloupe owns two F-27's and four Twin Otter aircraft. These aircraft\nare maintained by Air Guadeloupe's personnel in Guadeloupe.\nAir Guadeloupe provided service in 1980 between Guadeloupe and San\nJuan via St. Maarten under exemption authority. 5/ However, this service\nwas discontinued after eight months because of insufficient traffic. Air\nGuadeloupe states that it plans to resume San Juan service in the near\nfuture.\nAir Guadeloupe has not been involved in any safety or tariff\nviolations during the past five years, 6/ and it has never been refused\ninsurance. No operating authority held by Air Guadeloupe has ever been\n5/ See Order 80-11-126, November 24, 1980. This exemption authority will\nremain in effect until final disposition of the present permit application.\n6/ By letter dated June 1, 1983, the Federal Aviation Administration\nadvised us that it knew of no reason why the Board should act unfavorably\nAir Cundeloupe's application\n- 3 -\nsuspended, revoked or cancelled. Air Guadeloupe has sufficient insurance\ncoverage to meet the requirements contained in Part 205 of our Regulations.\nDesignation and Public Interest\nThe Air Services Agreement of March 27, 1946, as amended, between the\nUnited States and France provides, among other things, route rights for\nFrench and U.S. carriers to operate between Guadeloupe and the United\nStates. The authority sought is consistent with Route 6 of this\nAgreement. 7/ The Government of France has designated Air Guadeloupe to\nprovide this service.\nUnder section 402 of the Act, we are empowered to issue a foreign air\ncarrier permit if we find the applicant is qualified and designated by its\ngovernment to perform services pursuant to an agreement. We find that Air\nGuadeloupe meets these requirements and should be issued a permit.\nIn view of the foregoing and all the facts of record, the Board finds\nand concludes that:\n1. The applicant is qualified and has been designated by France to\nperform the air services described in the attached foreign air carrier\npermit, under the terms of an Agreement with the United States, and such\ntransportation will be in the public interest;\n2. The applicant is fit, willing, and able properly to perform the\nforeign air transportation described in the attached permit and to conform\nto the provisions of the Act, and rules, regulations and requirements of\nthe Board;\n3. The public interest requires that the exercise of the privileges\ngranted by the permit shall be subject to the terms, conditions, and\nlimitations required by the public interest as may be prescribed by the\nBoard;\n4. The applicant is substantially owned by the Government of France\nand the French Department of Guadeloupe and effectively controlled by\nnationals of its homeland;\n5. Issuance of this foreign air carrier permit will not constitute a\n\"major regulatory action\" under the Energy Policy and Conservation Act of\n1975, as defined in section 313.4(a) (1) of the Board's Regulations; 8/ and\n6. The public interest does not require an oral evidentiary hearing\non the application.\n7/ As of June 1983, two U.S. carriers provided service between the United\nStates and Guadeloupe: American Airlines provided service between New York\nand Guadeloupe; Eastern Air Lines provided service between Miami and St.\nCroix and Guadeloupe.\n8/ Our finding is based upon the fact that issuance of the applicant's\npermit will not result in a near-term annual increase in fuel consumption\nin excess of 10 million gallons.\n- 4 -\nACCORDINGLY,\n1. We are issuing a foreign air carrier permit, in the form attached,\nto Societe Antillaise de Transports Aeriens d/b/a Air Guadeloupe\nauthorizing foreign air transportation of persons, property and mail\nbetween a point or points in Guadelope, French West Indies, the intermediate\npoint of St. Maarten, Netherlands Antilles, and San Juan, Puerto Rico;\n2. Except to the extent granted, the application in Docket 38858 is\ndenied;\n3. The Secretary of the Board shall sign the permit on our behalf and\nshall affix the seal of the Board;\n4. We shall serve this order on the applicant, the Ambassador of the\napplicant's home country in Washington, D.C., and the Departments of State\nand Transportation; and\n5. Unless disapproved by the President of the United States under\nsection 801(a) of the Act, this order and the attached permit shall become\neffective on the 61st day after its submission to the President, 9/ or upon\nthe date of receipt of advice from the President that he does not intend to\ndisapprove the Board's order under that section, whichever is earlier.\nBy the Civil Aeronautics Board:\nPHYLLIS T. KAYLOR\nSecretary\n(SEAL)\nAll Members concurred.\n9/ This order was submitted to the President on JUL 15 1983\nThe 61st day is SEP 14 1983\nAPPENDIX A\nSUMMARY OF APPLICATION\nHomeland Country: Department of Guadeloupe, France\nAuthority Covered by Bilateral Agreement: U.S.-France Air Services\nAgreement of March 27, 1947, as amended\nDesignated By Its Government: Appendix B, AGL-3, Docket 38858\nHolds Government License for Authority Sought: Exhibit AGL-2, Docket 38858\nOperating History: Began regional Caribbean operations in 1970\nAircraft Owned (0) and Leased (L): 2 F-27(0) 4-Twin Otter (0)\nAircraft Maintenance Performed By: Air Guadeloupe in Guadeloupe\nFinancial Indicators--as of:\nDec. 31, 1979 Dec. 31, 1980\n(000)\n(000)\nTotal Assets\n$ 4,503\n$ 5,269\nTotal Liabilities\n3,488\n4,626\nOwners' Equity /\n1,015\n643\nOperating Profit (Loss) 12 mos. ending\n(304)\n(440)\n/ Note: In 1981, there was an infusion of $525,000 in new\ncapital by the existing stockholders.\nMajority Ownership by Nationals Of: France, government owned.\nEffective Control by Nationals Of: France, government controlled.\nInsurance Coverage: Meets requirements, AGL-9, Docket 38858\nInsurance Refused or Involuntarily Canceled During Last 3 Years: No\nRefused Debt Financing Last 3 Years : No\nDefaulted On Transportation Commitments Last 3 Years: No\nFailed To Meet Current Financial Obligations Last 3 Years: No\nSafety Violations During Last 5 Years: No\nTariffs Violations During Last 5 Years: No\nSubscribes To Standard Permit Conditions Regarding Insurance And Annex 6 Of\nChicago Convention And C.A.B. Agreement 18900: Yes\nNear-term Annual Fuel Consumption Exceeds 10 Million Gallons: No\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D. C.\nPERMIT TO FOREIGN AIR CARRIER\nSOCIETE ANTILLAISE DE TRANSPORTS AERIENS\nd/b/a AIR GUADELOUPE\nis authorized, subject to the provisions set forth, the provisions of the\nFederal Aviation Act of 1958, as amended and the orders, rules and regula-\ntions of the Board, to engage in the foreign air transportation of persons,\nproperty, and mail, as follows:\nBetween a point or points in Guadeloupe, French West Indies; the\nintermediate point St. Maarten, Netherlands Antilles; and the\nterminal point San Juan, Puerto Rico.\nThe holder shall be authorized to engage in charter trips in foreign\nair transportation, subject to the terms, conditions, and limitations pre-\nscribed by the Board's Regulations governing charters.\nThis permit and the exercise of the privileges granted in it shall be\nsubject to the terms, conditions and limitations attached, and to the\nfollowing:\nThis permit shall be subject to all applicable provisions of any\ntreaty, convention, or agreement affecting international air\ntransportation now in effect, or that may become effective during\nthe period this permit remains in effect, to which the United\nStates and France shall be parties.\nThis permit shall be effective on\nUnless otherwise\nterminated at an earlier date pursuant to the terms of any applicable\ntreaty, convention, or agreement, this permit shall terminate (1) upon the\neffective date of any treaty, convention or agreement or amendment, which\nshall have the effect of eliminating the route or routes authorized by this\npermit from the routes which may be operated by airlines designated by the\nGovernment of France (or in the event of the elimination of any part of the\nauthorized route or routes, the authority granted shall terminate to the\nextent of such elimination), or (2) upon the effective date of any permit\ngranted by the Board to any other carrier designated by the Government of\nFrance in lieu of the holder, or (3) upon the termination or expiration of\nthe Air Services Agreement between the Government of the United States of\nAmerica and the Government of France, effective March 27, 1946, as\nDRAFT\n- 2 -\namended (or in the event of the termination or expiration of any part of\nthe Air Services Agreement, the authority granted by this permit shall\ncease to the extent of such termination or expiration). However, clause\n(3) of this paragraph shall not apply if, prior to occurrence of the event\nspecified in clause (3), the operation of the foreign air transportation\nauthorized becomes the subject of any treaty, convention, or agreement to\nwhich the United States of America and the Government of France are or\nshall become parties.\nThe Civil Aeronautics Board, through its Secretary, has executed this\npermit and affixed its seal on July 14 1983.\nPHYLLIS T. KAYLOR\nSecretary\n(SEAL)\nDRAFT\nAttachment\nPERMIT TO FOREIGN AIR CARRIER\nThe holder's authority to conduct operations under the permit attached\nshall also be subject to the following terms, conditions, and limitations:\n(1) The holder shall keep on deposit with the Board a signed counterpart\nof CAB Agreement 18900, an agreement relating to liability limitations of the\nWarsaw Convention and the Hague Protocol approved by Board Order E-23680,\nMay 13, 1966, and a signed counterpart of any amendment or amendments to such\nagreement which may be approved by the Board and to which the holder becomes\na party.\n(2) The privileges granted by this permit are subject to the condition\nthat the holder comply with the requirements for minimum insurance coverage\ncontained in 14 CFR 205.\n(3) By accepting this permit, the holder waives any right it may possess\nto assert any defense of sovereign immunity from suit in any action or proceed-\ning instituted against the holder in any court or other tribunal in the United\nStates (or its territories or possessions) based upon any claim arising out\nof operations by the holder under this permit.\n(4) The holder shall not operate any aircraft under the authority granted\nby this permit, unless the holder complies with operational safety requirements\nat least equivalent to Annex 6 of the Chicago Convention.\n(5) The holder shall conform to the airworthiness and airman competency\nrequirements prescribed by its home Government for international air service.\n(6) Except as specifically authorized by the Board, all flights to/from\nthe United States or its territories or possessions must originate or terminate\nin the holder's homeland.\n(7) The holder shall not provide the foreign air transportation\nauthorized by this permit unless it holds a currently effective authorization\nfrom its Government for such operations and such document is on file with the\nBoard.\n(8) The exercise of the privileges granted by this permit shall be\nsubject to such other reasonable terms, conditions, and limitations required\nby the public interest as may be prescribed by the Board.\n*\nFOR OFFICIAL USE ONLY\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D. C.\nAdopted by the Civil Aeronautics Board\nat its office in Washington, D.C.\non the 14th day of July, 1983\nApplication of\n:\n:\nTRANS NORTH TURBO AIR LIMITED\n:\nDocket 41344\n:\nfor amendment of its foreign air carrier\n:\npermit issued under section 402 of the\n:\nFederal Aviation Act of 1958, as amended\n:\nORDER ISSUING FOREIGN AIR CARRIER PERMIT\nBy application filed March 8, 1983, and noticed in the Federal\nRegister, 1/ Trans North Turbo Air Limited d/b/a Trans North Air requests\namendment of its foreign air carrier permit which currently authorizes\nscheduled foreign air transportation of persons and property between\nWhitehorse, Yukon Territory, Canada and Juneau, Alaska. In its\napplication, Trans North seeks new route authority to engage in scheduled\nforeign air transportation of persons, property, and mail between\nWhitehorse, Yukon Territory, Canada and Fairbanks, Alaska, 2/ and authority\nto carry mail on its existing route between Whitehorse and Juneau. The\nauthority sought is consistent with the U.S.-Canada Air Transport Services\nAgreement governing scheduled services.\nOver the Whitehorse-Fairbanks route, Trans North proposes to provide\ndaily round-trip services during the summer season (June 15-September 15),\nusing F-27 aircraft, and reduce the number of frequencies to two round-trip\nflights each week during the winter season (September 16-June 14) using\nsmaller aircraft, namely DC-3, Cessna 404, or Titan aircraft.\nNo answers to Trans North's application or to the Federal Register\nnotice have been filed.\n1/ 48 FR 11729, March 21, 1983.\n2/ Trans North was designated for operations over this route (Canadian\nRoute F.4) by Diplomatic Note No. 241, dated May 14, 1982.\n- 2 -\nWe have reviewed the record including the application, which is\nsummarized in Appendix A, and have decided to grant the application using\nthe simplified Subpart Q procedures. 3/ The public was informed of the\ncarrier's application by notices in the Federal Register and the Board's\nweekly list of applications filed, describing the authority sought and\ngiving interested persons an opportunity to submit evidence and objections\nto the award of the authority. The notices provided the required notice\nand filing opportunities. Simplified procedures are appropriate in this\ncase because the authority sought is consistent with rights contained in\nthe U.S.-Canada Air Transport Services Agreement.\nThe applicant's fitness can be determined based on the submission of\nevidence in this docket and the evidence submitted in Docket 40590, which\nthe applicant has incorporated by reference. Trans North is a Canadian\nlocal service airline, which provides scheduled and charter air services\nwith small aircraft between points mainly in the Yukon and Northwest\nTerritories of Canada. Since 1975, Trans North has held authority from us\nto conduct charter passenger services into the United States using small\naircraft. We recently found the applicant fit and awarded it a foreign air\ncarrier permit to engage in scheduled foreign air transportation (see Order\n82-9-63). We have no information before us that would suggest our recent\nfitness finding was in error or that it should be amended, conditioned, or\nreversed. Trans North is owned and controlled by Canadian citizens. Its\nfinancial statements for calendar year 1982 show total assets of $10\nmillion, total liabilities of $9.3 million, and shareholders' equity of\n$800,000. Trans North states that it will accept all of the terms,\nconditions and limitations normally attached to foreign air carrier\npermits.\nIn view of the foregoing and all the facts of record, we find and\nconclude that:\n1. The applicant is qualified and has been designated by its\ngovernment to perform the air services described in the attached foreign\nair carrier permit;\n2. The applicant is fit, willing and able properly to perform the\nforeign air transportation described in the attached permit and to conform\nto the provisions of the Act, and our rules, regulations and requirements;\n3/ 14 CFR 302.1701 et seq. Under Rule 29(b), the Board may in its\ndiscretion, omit a tentative decision in proceedings under Subpart Q and\nproceed directly to a final decision, after provision of an opportunity for\ninterested parties to submit evidence and to object to grant of authority\nunder section 402 of the Act.\n- 3 -\n3. The public interest requires that the exercise of the privileges\ngranted by the permit shall be subject to the terms, conditions, and\nlimitations contained in the attached permit, and to such other reasonable\nterms, conditions, and limitations required by the public interest as we\nmay prescribe;\n4. The applicant is substantially owned and effectively controlled\nby nationals of its homeland country;\n5. Issuance of this amended foreign air carrier permit will not\nconstitute a \"major regulatory action\" under the Energy Policy and\nConservation Act of 1975, as defined in subsection 313.4(a) (1) of our\nRegulations; 4/ and\n6. The public interest does not require an oral evidentiary hearing\non the application.\nACCORDINGLY,\n1. We are issuing, in the form attached, an amended foreign air\ncarrier permit to the applicant authorizing scheduled foreign air\ntransportation of persons, property, and mail between Whitehorse, Yukon\nTerritory, Canada and Fairbanks, Alaska; and adding authority to carry\nmail over its current route between Whitehorse, Yukon Territory, Canada\nand Juneau, Alaska;\n2. We deny, except to the extent granted, the application and other\nrequests for relief in this Docket;\n3. The Secretary of the Board shall sign the permit on our behalf\nand shall affix the seal of the Board;\n4. Unless disapproved by the President of the United States under\nsection 801(a) of the Act, this order with the attached permit shall be-\ncome effective on the 61st day after its submission to the President, 5/\nor upon the date of receipt of advice from the President that he does not\nintend to disapprove the Board's order under that section whichever is\nearlier; and\n4/ Our finding is based upon the fact that the applicant's permit will\nnot result in a near-term annual increase in fuel consumption in excess of\n10 million gallons.\n5/ This order was submitted to the President on JUL 15 1983\nThe 61st day is SEP 14 1983\n- 4 -\n5. We shall serve this order on the applicant, the Ambassador of\nCanada in Washington, D.C., and the Departments of State and\nTransportation.\nBy the Civil Aeronautics Board:\nPHYLLIS T. KAYLOR\nSecretary\n(SEAL)\nAll Members concurred.\nAppendix A\nSUMMARY OF APPLICATION\nHomeland Country: Canada\nAuthority Covered By Bilateral Agreement: Yes\nDesignated By Its Government: By Diplomatic Note 241, dated May 14, 1982\nCOPY Reagan Presidential Record\nHolds Government License For Authority Sought: Yes. Document attached\nto application in Docket 41344.\nOperating History: Trans North has been conducting scheduled passenger\nservice within Canada since 1973, and recently began scheduled passenger\nservice between the United States and Canada. Also, Trans North has\nbeen conducting charter services to the United States since 1975, with\nsmall aircraft.\nAircraft Owned: 2 DC-3; 2 deHavilland Twin Otter; 2 Cessna 404 Titans;\n1 Cessna 402. Trans North plans to acquire an F-27 aircraft.\nAircraft Maintenance Performed By: Trans North at its base of operations\nin Whitehorse, Yukon, Canada.\nFinancial Indicators (as of):\nDec. 31, 1982\n(000)\nTotal Assets\n$10,000\nTotal Liabilities\n9,300\nOwners' Equity\n800\nOperating Profit (Loss) 12 mos. ended\n(117)\nMajority Ownership By Nationals Of: Canada\nEffective Control By Nationals Of: Canada\nInsurance Coverage: Yes\nInsurance Refused Or Involuntarily Canceled During Last 3 Years: No\nRefused Debt Financing Last 3 Years: No\nDefaulted On Transportation Commitments Last 3 Years: No\nFailed To Meet Current Financial Obligations Last 3 Years: No\nSafety Violations During Last 5 Years: No\nTariff Violations During Last 5 Years: No\nSubscribes To Standard Permit Conditions Regarding Insurance And Annex 6\nOf Chicago Convention and C.A.B. Agreement 18900: Yes\nNear-Term Annual Fuel Consumption Exceeds 10 Million Gallons: No\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D. C.\nPERMIT TO FOREIGN AIR CARRIER\n(as amended)\nTRANS NORTH TURBO AIR LIMITED\nd/b/a TRANS NORTH AIR\nis authorized, subject to the provisions set forth, the provisions of the\nFederal Aviation Act of 1958, as amended, and the orders, rules and\nregulations of the Board to engage in foreign air transportation of\npersons, property, and mail, as follows:\n1. Between the terminal point Whitehorse, Yukon Territory, Canada\nand the terminal point Juneau, Alaska.\n2. Between the terminal point Whitehorse, Yukon Territory, Canada\nand the terminal point Fairbanks, Alaska.\nThis permit and the exercise of the privileges granted in it shall be\nsubject to the terms, conditions and limitations attached, and to the\nfollowing:\n1. This permit shall be subject to all applicable provisions of any\ntreaty, convention, or agreement affecting international air\ntransportation now in effect, or that may become effective during the\nperiod the permit remains in effect, to which the United States and\nCanada shall be parties.\n2. Except as otherwise provided in the U.S.-Canada Nonscheduled Air\nServices Agreement, the holder may not operate charters over these routes.\nThis permit shall be effective on\nUnless\notherwise terminated at an earlier date pursuant to the terms of any\napplicable treaty, convention, or agreement, this permit shall terminate\n(1) upon the effective date any treaty, convention or agreement or\namendment, which shall have the effect of eliminating the route or routes\nauthorized by this permit from the routes which may be operated by\nairlines designated by the Government of Canada, or in the event of one\nelimination of any part of the authorized service the authority granted\nshall terminate to the extent of such elimination), or (2) upon the\neffective date of any permit granted by the Board to any other carrier\ndesignated by the Government of Canada in lieu of the holder hereof, or\n(3) upon the termination or expiration of the Air Transport Agreement,\n- 2 -\nbetween the Government of the United States and the Government of Canada\nas amended by the exchange of notes signed May 8, 1974 (or in the event of\nthe termination or expiration of any part of the Air Transport Agreement\nthe authority granted by this permit shall cease to the extent of such\ntermination or expiration). However, clause (3) of this paragraph shall\nnot apply if, prior to the occurrence of the event specified in clause\n(3), the operation of the foreign air transportation here authorized\nbecomes the subject of any treaty, convention, or agreement to which the\nUnited States and Canada are or shall become parties.\nThe Civil Aeronautics Board, through its Secretary, has executed this\npermit and affixed its seal on July 14, 1983.\nPHYLLIS T. KAYLOR\nSecretary\n(SEAL)\nATTACHMENT\nPERMIT TO FOREIGN AIR CARRIER\nThe holder's authority to conduct operations under the permit to which\nthis is attached shall also be subject to the following terms, conditions, and\nlimitations:\n(1) The holder shall keep on deposit with the Board a signed counterpart\nof CAB Agreement 18900, an agreement relating to liability limitations of the\nWarsaw Convention and the Hague Protocol approved by Board Order E-23680,\nMay 13, 1966, and a signed counterpart of any amendment or amendments to such\nagreement which may be approved by the Board and to which the holder becomes a\nparty.\n(2) The privileges granted by this permit are subject to the condition\nthat the foreign air carrier complies with the requirements for minimum\ninsurance coverage contained in 14 CFR 205.\n(3) By accepting this permit, the holder waives any right it may possess\nto assert any defense of sovereign immunity from suit in any action or pro-\nceeding instituted against the holder in any court or other tribunal in the\nUnited States (or its territories or possessions) based upon any claim arising\nout of operations by the holder under this permit.\n(4) The holder shall not operate any aircraft under the authority granted\nby this permit, unless the holder complies with operational safety requirements\nat least equivalent to Annex 6 of the Chicago Convention.\n(5) The holder shall conform to the airworthiness and airman competency\nrequirements prescribed by its home Government for international air service.\n(6) Except as specifically authorized by the Board, all flights to/from\nthe United States must originate or terminate in the holder's homeland.\n(7) The holder shall not provide the foreign air transportation authorized\nby this permit unless it holds a currently effective authorization from its\nGovernment for such operations and such document is on file with the Board.\n(8) The exercise of the privileges granted by this permit shall be subject\nto such other reasonable terms, conditions, and limitations required by the\npublic interest as may be prescribed by the Board.\n*\n*\n*\n*\nFOR OFFICIAL USE ONLY\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D.C.\nAdopted by the Civil Aeronautics Board\nat its office in Washington, D.C.\non the 19th day of July, 1983\nIn the matter of the revocation of the :\nforeign air carrier permits issued to :\n:\nCERTAIN FOREIGN AIR CARRIERS\n:\nDocket 41538\n:\nunder section 402 of the Federal\n:\nAviation Act of 1958, as amended\n:\nORDER\nBy Order 83-6-49 , adopted June 16, 1983, we directed all\ninterested persons to show cause why we should not, subject to the\ndisapproval of the President, revoke the foreign air carrier permits\nissued to the foreign air carriers listed on the Appendix to that\norder. 1/ We tentatively concluded that these permits should be revoked\nbecause the carriers listed failed to maintain a certificate of\ninsurance, which is required under Part 205 of our regulations and by a\ncondition in the permits of all foreign air carriers. 2/\nThe order directed persons objecting to our tentative findings and\nconclusions set forth in that order, or to the issuance of the proposed\nforeign air carrier permit, to file their objections within 28 days. In\naddition, the order provided that in the event no objections were filed,\nall further procedural steps would be deemed waived, and the Secretary\n1/ We also stated that we would separately dismiss as moot the pending\nrenewal/amendment applications of certain of these carriers after final\naction has been taken in this proceeding on the revocation of the\nunderlying permit authority of these carriers.\n2/ The Government of Colombia has withdrawn the designations of\nAerocosta, S.A. and Aerovias Condor de Colombia, S.A. Therefore, in the\ncase of these two Colombian carriers, our revocation action is merely an\nadministrative tool to cancel their permits since they are no longer\ndesignated by their government. Some of the other carriers cited may\nalso have had their designations and/or operating licenses revoked by\ntheir governments.\n- 2 -\nwould enter an order which (1) would make final our tentative findings\nand conclusions, 3/ and (2) subject to the disapproval of the President\npursuant to section 801(a) of the Act, would revoke the foreign air\ncarrier permits issued to the carriers listed on the Appendix to that\norder.\nNo objections to Order 83-6-49 have been filed with regard to the\ncarriers listed on the Appendix to this order.\nACCORDINGLY,\n1. We make final our tentative findings and conclusions set forth\nin Order 83-6-49 ;\n2. We are revoking the foreign air carrier permits issued to the\ncarriers listed on the Appendix to this order; and\n3. Unless disapproved by the President of the United States under\nsection 801 (a) of the Act, this order and the permit attached shall\nbecome effective on the 61st day after its submission to the President 4/\nor upon the date of receipt of advice from the President that he does not\nintend to disapprove our order under that section, whichever is earlier.\nBy the Civil Aeronautics Board:\nPHYLLIS T. KAYLOR\nSecretary\n(SEAL)\nAll Members concurred.\n3/ We indicated that any objections concerning the carriers listed in\nthe Appendix to Order 83-6-49 would be dealt with individually by\nseparate order, and that we would make final our decision on the\nremaining carriers together.\n4/ This order was submitted to the President on JUL 2 0 1933\nThe 61st day is SEP 19 1983\nAppendix\nPage 1 of 1\nOrder Issuing\nForeign Air\nName of Carrier\nCarrier Permit\nHomeland\nAero B Venezuela, C.A.\n82-10-67\nVenezuela\nAerocosta, S.A.\n71-6-1\nColombia\nAerotour Dominicano, C. por A.\n80-5-186\nDominican Republic\nAerovias Condor de Colombia, S.A.\n77-3-24\nColombia\nAerovias \"Q\" S.A.\nE-13551\nCuba\nAerovias Quisqueyana, C. por A.\n81-9-104\nDominican Republic\nAir Manila, Inc\n73-3-23\nPhilippines\nAirWest Airlines Ltd.\n80-4-11\nCanada\nAir Zaire\n73-6-54\nZaire\nBelize Airways Limited\n78-11-40\nBelize\nCaribbean International Airways Limited\nd/b/a Caribbean Airways\n80-12-30\nBarbados\nCaribwest Airways Limited\n80-3-135\nBarbados\nCuba Aeropostal, S.A.\nE-7847, E-12945\nCuba\nExpreso Aereo Inter-Americano, S.A.\nE-5129, E-12945\nCuba\nIscargo, H.F.\n77-3-45\nIceland\nLaker Airways Limited\n80-5-96, 80-12-30, 81-6-13\nUnited Kingdom\nMontana Austria Flugbetrieb Gesellshaft\nm.b.H. d/b/a Montana Austria Airlines\n78-5-10\nAustria\nOntario Worldair Limited (Canada)\n79-5-110\nCanada\nRedcoat Air Cargo Limited\n80-12-84\nUnited Kingdom\nSocieta' Aerea Mediterranea (SAM) S.p.A. 77-1-66\nItaly\nSociete Anonyme De Transport\nAerien (SATA)\n77-12-56\nSwitzerland\nTransmeridan Air Cargo Limited\n80-4-119\nUnited Kingdom\nTurks Air Limited\n80-4-24\nUnited Kingdom\nOrder 83-6-49\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D. C.\nAdopted by the Civil Aeronautics Board\nat its office in Washington, D. C.\non the 16th day of June, 1983\nIn the matter of the revocation of the :\nforeign air carrier permits issued to :\n:\nCERTAIN FOREIGN AIR CARRIERS\n:\nDocket 41538\n:\nunder section 402 of the Federal\n:\nAviation Act of 1958, as amended\n:\nApplications of\n:\n:\nAIR MANILA, INC.\n:\nDockets 37815\nBELIZE AIRWAYS LIMITED\n:\n36280\nISCARGO, H.F.\n:\n37745\nMONTANA AUSTRIA FLUGBETRIEB\n:\n37834\nGESELLSHAFT, m.b.H.\n:\nd/b/a MONTANA AUSTRIA AIRLINES\n:\n:\nfor renewal and amendment of their\n:\nforeign air carrier permits pursuant\n:\nto section 402 of the Federal Aviation\n:\nAct of 1958, as amended\n:\nSTATEMENT OF TENTATIVE FINDINGS AND CONCLUSIONS\nAND ORDER TO SHOW CAUSE\nBackground\nOn October 13, 1981, we adopted aircraft accident liability\ninsurance rules (Part 205 of our Economic Regulations) which became\neffective February 23, 1982. 1/ These rules require that, among other\nthings, foreign air carriers holding United States authority file with\nthe Board certificates of insurance (CAB Form 205-A), satisfying the\nrequirements of Part 205, prior to engaging in foreign air\ntransportation. Since our previous insurance requirements for foreign\nair carriers were imposed in the form of a condition in their section 402\npermits, we simultaneously amended all foreign air carrier permits to\ninclude the explicit condition that foreign air carriers must comply with\nthe requirements for minimum insurance coverage specified in Part 205. 2/\nThus, any foreign air carrier operations conducted without proper\ninsurance coverage would be in violation of our rules and that carrier's\npermit.\n1/\n46 FR 52572, October 27, 1981 (ER-1253).\n2/\nSee Order 81-12-82, effective February 23, 1982.\n- 3 -\npublic interest to allow these carriers' operating authority to remain\nextant when they have neither complied with the insurance rule nor\nacknowledged such a critical obligation to the public. 5/ Furthermore,\nit now is evident that most of these airlines are no longer operating at\nall and that none of them are operating to the U.S., and there would be\nno countervailing public interest in maintaining their permits in effect.\nWe recognize that some of these carriers are or were principal flag\nairlines of their homelands, and we emphasize that our action here is\nentirely without prejudice to any future applications by carriers of the\nrespective homeland countries.\nOur insurance rule is, as we explained at length in ER-1253, a pro-\nper exercise of our regulatory powers, and none of the subject carriers,\nnor any of their homeland governments now challenges our imposition of\nthe insurance requirement. The Board has included an insurance condition\nin foreign air carrier permits for many years. The insurance rule\ncodifies the insurance condition and requires foreign air carriers to\nshow evidence of ability to meet insurance levels.\nApplications of Air Manila, Belize Airways, Iscargo and Montana Austria\nAir Manila, Inc. (a Philippine charter carrier), Belize Airways\nLimited (a Belize scheduled carrier), and Iscargo, H.F. (an all-cargo\ncarrier from Iceland) filed applications in 1979 and early 1980 in\nDockets 37815, 36280 and 37745, respectively, for renewal and amendment\nof their foreign air carrier permits. Since the carriers invoked the\nprovisions of the Administrative Procedure Act (5 U.S.C. 558(c)) when\nthey filed their renewal applications, their permits remain effective\nuntil final Board action on those applications. Our staff has not pro-\ncessed these applications because the carriers failed to supply all\nrequired evidentiary information. These carriers also do not have\ncertificates of insurance on file with the Board.\nMontana Austria Flugbetrieb Gesellshaft, m.b.H. d/b/a Montana\nAustria Airlines (an Austrian charter carrier) applied in March 1980 in\nDocket 37834 for an amended permit for Vienna-New York scheduled\nauthority. 6/ Montana also has no insurance certificate on file. 7/\n5/ The Government of Colombia has withdrawn the designations of\nAerocosta, S.A. and Aerovias Condor de Colombia, S.A. Therefore, in the\ncase of these two Colombian carriers, our proposed revocation action is\nmerely an administrative tool to cancel their permits since they are no\nlonger designated by their government. Some of the other carriers cited\nmay also have had their designations and/or operating licenses revoked by\ntheir governments.\n6/ By Order 81-2-91 we tentatively decided to grant Montana an amended\npermit for this authority. We, however, have not issued a final order in\nDocket 37834. This order reverses our tentative decision in Order\n81-2-91.\n7/ We understand Montana's operating license from its government has\nbeen cancelled.\n- 5 -\ndetermine that there are no factual issues presented that warrant the\nholding of an oral evidentiary hearing or further nonoral hearing\nprocedures; 7/\n4. In the event no objections are filed, all further procedural\nsteps will be deemed to have been waived with respect to the unopposed\npermit revocations and application dismissals, and the Secretary shall\nenter orders which (1) shall make final our tentative findings and\nconclusions set forth in this order, and subject to the disapproval of\nthe President pursuant to section 801 (a) of the Act, shall revoke the\nforeign air carrier permits held by the carriers listed on the Appendix\nto this order, and (2) following the President's decision on the\nrevocation order, shall dismiss the applications in Dockets 36280, 37745,\n37815 and 37834; and\n5. We are serving this order upon each carrier listed on the\nAppendix to this order, the Ambassador of each carrier's homeland in\nWashington, D.C., and the Departments of State and Transportation.\nWe shall publish this order in the Federal Register.\nBy the Civil Aeronautics Board:\nPHYLLIS T. KAYLOR\nSecretary\n(SEAL)\nAll Members concurred.\n7/\nSince provision is made for the filing of objections to this order,\npetitions for reconsideration will not be entertained.\nAppendix\nPage 1 of 1\nOrder Issuing\nForeign Air\nName of Carrier\nCarrier Permit\nHomeland\nAero B Venezuela, C.A.\n82-10-67\nVenezuela\nAerocosta, S.A.\n71-6-1\nColombia\nAerotour Dominicano, C. por A.\n80-5-186\nDominican Republic\nAerovias Condor de Colombia, S.A.\n77-3-24\nColombia\nAerovias \"Q\" S.A.\nE-13551\nCuba\nAerovias Quisqueyana, C. por A.\n81-9-104\nDominican Republic\nAir Manila, Inc\n73-3-23\nPhilippines\nAirWest Airlines Ltd.\n80-4-11\nCanada\nAir Zaire\n73-6-54\nZaire\nBelize Airways Limited\n78-11-40\nBelize\nCaribbean International Airways Limited\nd/b/a Caribbean Airways\n80-12-30\nBarbados\nCaribwest Airways Limited\n80-3-135\nBarbados\nCuba Aeropostal, S.A.\nE-7847, E-12945\nCuba\nExpreso Aereo Inter-Americano, S.A.\nE-5129, E-12945\nCuba\nIscargo, H.F.\n77-3-45\nIceland\nLaker Airways Limited\n80-5-96, 80-12-30, 81-6-13\nUnited Kingdom\nMontana Austria Flugbetrieb Gesellshaft\nm.b.H. d/b/a Montana Austria Airlines\n78-5-10\nAustria\nOntario Worldair Limited (Canada)\n79-5-110\nCanada\nRedcoat Air Cargo Limited\n80-12-84\nUnited Kingdom\nSocieta' Aerea Mediterranea (SAM) S.p.A. 77-1-66\nItaly\nSociete Anonyme De Transport\nAerien (SATA)\n77-12-56\nSwitzerland\nTransmeridan Air Cargo Limited\n80-4-119\nUnited Kingdom\nTurks Air Limited\n80-4-24\nUnited Kingdom\nFOR OFFICIAL USE ONLY\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D.C.\nAdopted by the Civil Aeronautics Board\nat its offices in Washington, D.C.\non the 27th day of June, 1983\nIn the matter of\n:\n:\nCERTAIN INDIRECT FOREIGN AIR CARRIERS\n:\nDocket 41455\n:\ncancellation of foreign air carrier permits\n:\nissued under section 402 of the Federal\n:\nAviation Act of 1958, as amended\n:\nORDER CANCELLING FOREIGN AIR CARRIER PERMITS\nBy Order 83-5-21, adopted May 3, 1983, we directed all interested\npersons to show cause why we should not, subject to the disapproval of the\nPresident, cancel the foreign air carrier permits issued to certain\nindirect foreign air carriers of passengers (see attached list). We\nreplaced the section 402 permit procedures with a simple registration\nprocedure under new Subpart F of Part 380 of our Special Regulations.\nThus, foreign air carrier permit authority is no longer necessary since\nforeign charter operators need only apply under our registration procedure.\nOur order directed persons objecting to our tentative findings and\nconclusions set forth in that order, to file their objections within 45\ndays. In addition, the order provided that in the event no objections were\nfiled, all further procedural steps would be considered waived, and the\nSecretary would enter an order which (1) would make final our tentative\nfindings and conclusions, and (2) subject to the disapproval of the\nPresident pursuant to section 801(a) of the Act, would cancel the foreign\nair carrier permits effective 45 days after the effective date of that\norder.\n-2-\nNo objections to Order 83-5-21 have been filed by the indirect\nforeign air carriers indicated on the attached list, or by any other\nperson.\nACCORDINGLY,\n1. We make final our tentative finding and conclusion set forth in\nOrder 83-5-21 ;\n2. We are canceling the foreign air carrier permits issued to the\nindirect foreign air carriers on the attached list effective 45 days after\nthe effective date of this order; and\n3. Unless disapproved by the President of the United States under\nsection 801(a) of the Act, this order shall become effective on the 61st\nday after its submission to the President 1/, or upon the date of receipt\nof advice from the President that he does not intend to disapprove the\nBoard's order under that section, whichever is earlier.\nBy the Civil Aeronautics Board:\nPHYLLIS T. KAYLOR\nSecretary\n(SEAL)\nAll Members concurred.\n1/ This order was submitted to the President on JUN 30 1993\nThe 61st day is AUG 30\n7083\nName and Address of Indirect Air Carrier\nOrder No. and\n(or its Designated Agent) Holding\nHolder's Homeland\nEffective Date of\nSection 402 Permit\nPermit\nAllair Vacations Canada Limited\nCanada\n76-1-64\nAnderson & Pendleton\nJanuary 15, 1976\n1000 Connecticut Ave., N.W., Suite 707\nWashington, DC 20006\n* Club Mediterranee S.A. (France) d/b/a\nFrance\n78-8-69\nClub Med. Inc., (U.S.A.)\nAugust 14, 1978\nUnited States Corporation Company\n306 South State Street\nDover, Delaware\nDeutsches Reiseburo GmbH (Germany) d/b/a\nFederal Republic of Germany\n78-8-61\nDer Travel Service\nAugust 11, 1978\nPaul Reiber\n6714 Whittier Avenue\nMcLean, VA 22101\n* Globus-Gateway Tours, Ltd. (Switzerland)\nSwitzerland\n78-5-9\nJohn A. Martinen\nMay 2, 1978\n69-15 Austin Street\nForest Hills, NY 11375\nHolland Amerika Lijn, N.V.\nNetherlands\n80-5-30\nBoros & Garofalo, P.C.\nMay 5, 1980\n1120 Connecticut Ave., N.W., Suite 460\nWashington, DC 20036\nInternational Developers, Inc. (JAPAN) d/b/a\nJapan\n79-1-123\nToyo World Enterprises of California, Inc.\nJanuary 19,1979\nHarry A. Bowen\nBowen and Atkin\n2020 K Street, N.W., Suite 350\nWashington, DC 20006\nPage 1 of 4\nAttachment\nName and Address of Indirect Air Carrier\nOrder No. and\n(or its Designated Agent) Holding\nHolder's Homeland\nEffective Date of\nSection 402 Permit\nPermit\n* Japan Travel Bureau, Inc. d/b/a Japan\nJapan\n80-6-174\nTravel Bureau International Inc.\nJune 27, 1980\nMr. Carol Lyttle, Jr.\nWhitman & Ransom\n522 Fifth Avenue\nNew York, NY 10036\n* Jetsave Ltd. (United Kingdom)\nUnited Kingdom\n77-3-44\nPaul Mowforth\nMarch 5, 1977\n17044 Collins Avenue\nMiami Beach, FL 33160\nKinki Nippon Tourist Co. (Japan) d/b/a\nJapan\n79-8-149\nKintetsu World Express, Inc. (U.S.A.)\nAugust 27, 1979\nMr. Robert N. Meiser\n910 17th Street, N.W., Suite 828\nWashington, DC 20006\nKuoni Travel Limited (Switzerland) d/b/a\nSwitzerland\n76-6-135\nKuoni Travel, Inc.\nJune 17, 1976\nMr. Richard J. Kendall\nShaw, Pittman, Potts & Trowbridge\n910 17th Street, N.W.\nWashington, DC 20006\nLaker Air Travel Limited 1/\nUnited Kingdom\n80-5-96\nMr. Robert M. Beckman\nMay 14, 1980\n1001 Connecticut Ave., N.W., Suite 235\nWashington, DC 20036\nPage 2 of 4\nAttachment\nName and Address of Indirect Air Carrier\nOrder No. and\n(or its Designated Agent) Holding\nHolder's Homeland\nEffective Date of\nSection 402 Permit\nPermit\n* Reiseburo Schwaben International GmbH\nFederal Republic of Germany\n78-5-7\n(Germany) d/b/a Schwaben\nMay 2, 1978\nMorris R. Garfinkle\nGalland, Kharasch, Calkins & Short, P.C.\n1054 31st Street, N.W.\nWashington, DC 20007\nSun Tours Limited (Canada)\nCanada\n77-5-55\nMr. Paul M. Ruden\nMay 11, 1977\nWilner & Scheiner\n1200 New Hampshire Ave., N.W.\nWashington, DC 20036\nSytour SC\nBelgium\n78-1-93\nRobert M. Hausman\nJanuary 19, 1978\nHausman and Rosenthal\n2020 K Street, N.W.\nWashington, DC 20006\nThomas Cook Overseas, Ltd. (Great Britain),\nUnited Kingdom\n77-3-90\nd/b/a Thomas Cook, Inc. (U.S.A)\nMarch 14, 1977\nMr. Charles A. Hobbs\nWilkinson, Cragun & Barker\n1735 New York Ave., N.W.\nWashington, DC 20006\nTop Tours, S.A. (Spain) d/b/a TTI\nSpain\n80-5-184\nTravel, Inc. (U.S.A.)\nMay 28, 1980\nHoward S. Boros\nBoros & Garofalo, P.C.\n1120 Connecticut Ave., N.W.\nSuite 460, Bender Building\nPage 3 of 4\nAttachment\nWashington, DC 20036\nName and Address of Indirect Air Carrier\nOrder No. and\n(or its Designated Agent) Holding\nHolder's Homeland\nEffective Date of\nSection 402 Permit\nPermit\nTravac, A.G. (Switzerland) 2/\nSwitzerland\n79-8-145\nW. J. Deacon\nAugust 27, 1979\n1270 Broadway\nNew York, NY 10001\n* Travelair AG (Switzerland)\nSwitzerland\n79-8-146\n530 Fifth Avenue\nAugust 27, 1979\nNew York, NY 10036\n*/ Registered under new Subpart F \"Registration of Foreign Charter Operators\", to Part 380.\n1/ Laker Air Travel Limited (LATL) has not registered under Part 380. However, LATL's former owners have\nregistered under the name Freddie Laker's Skytrain Limited d/b/a Laker Travel d/b/a Laker.\n2/ Travac, A.G. (Switzerland) has not registered under Part 380. The sole owner of this entity also is a\npart owner (45%) of Travac Tours and Charter, Inc. (another Swiss charter operator) which has registered under\nPart 380.\nPage 4 of 4\nAttachment\nOrder 83-5-21\nUNITED STATES OF AMERICA\nCIVIL AERONAUTICS BOARD\nWASHINGTON, D. C.\nAdopted by the Civil Aeronautics Board\nat its office in Washington, D.C.\non the 3rd day of May, 1983\nIn the matter of\n:\n:\nCERTAIN INDIRECT FOREIGN AIR CARRIERS\n:\nDocket 41455\n:\ncancellation of foreign air carrier\n:\npermits issued under section 402 of the\n:\nFederal Aviation Act of 1958, as amended\n:\nApplication of\n:\n:\nDEUTSCHES REISEBURO GMBH (GERMANY)\n:\nDocket 38487\nd/b/a DER TRAVEL SERVICE\n:\n:\nfor renewal of its indirect foreign air\n:\ncarrier permit pursuant to section 402 of\n:\nthe Federal Aviation Act of 1958,\n:\nas amended\n:\nSTATEMENT OF TENTATIVE FINDINGS AND CONCLUSIONS\nAND ORDER TO SHOW CAUSE\nBackground\nIn November 1981 we adopted a new Subpart F, \"Registration of Foreign\nCharter Operators,\" to Part 380 of our Special Regulations, which governs\nPublic Charter programs. This amended regulation exempted indirect foreign\nair carriers of passengers from the formal licensing procedures under\nsection 402 of the Federal Aviation Act that direct foreign air carriers\nmust follow to obtain operating authority, and established a simple\nregistration procedure in its place. The rule became effective on January\n1982 for new foreign charter operators. and on March 18. 1982 for\nexisting foreign charter operators holding either indirect foreign air\ncarrier permits or an exemption under section 416(b) from the permit\nrequirements of section 402. 1/\n1/ See SPR-179, 46 FR 56605, November 18, 1981 and SPR-183, 47 FR 5204,\nFebruary 4, 1982.\n-3-\nIn view of the foregoing and pursuant to section 402(f)(1) of the Act,\nwe tentatively find and conclude that cancellation of the foreign air\ncarrier permits held by the indirect air carriers on the attached list\nwould be in the public interest. 5/\nACCORDINGLY,\n1. We direct all interested persons to show cause why we should not\n(1) make final our tentative findings and conclusions; and (2) subject to\nthe disapproval of the President pursuant to section 801 (a) of the Act,\ncancel the foreign air carrier permit issued to each of the indirect\nforeign air carriers on the attached list;\n2. Any interested persons objecting to the issuance of an order\nmaking final the Board's tentative findings an conclusions shall, no later than\nJune 24, 1983, file with the Board in Docket 41455 and serve on the persons named in\nparagraph 6, a statement of objections specifying the part or parts of the\ntentative findings and conclusions objected to, together with a summary of\ntestimony, statistical data, and concrete evidence expected to be relied\nupon in support of the objections. If an oral evidentiary hearing is\nrequested, the objector should state in detail why such a hearing is\nconsidered necessary and what relevant and material facts he or she would\nexpect to establish through such hearing which cannot be established in\nwritten pleadings. If objections are filed, answers may be filed, but no\nlater than July 5, 1983. The filing of objections with respect to one\ncarrier shall affect this order and our tentative findings and conclusions\nonly as it concerns that carrier;\n3. If timely and properly supported objections are filed, we will\ngive further consideration to the matters and issues raised by the\nobjections before we take further action: Provided, that we may proceed\nto enter an order in accordance with our tentative findings and conclusions\nset forth in this order if we determine that there are no factual issues\npresented that warrant the holding of an oral evidentiary hearing; 6/\n4. In the event no objections are filed, all further procedural steps\nwill be deemed to have been waived, and the Secretary shall enter an order\nwhich (1) shall make final our tentative findings and conclusions set forth\nin this order, and (2) subject to the disapproval of the President pursuant\nto section 801 (a) of the Act, shall cancel the foreign air carrier permits\nheld by the indirect air carriers listed on the attachment to this order\nffective 45 days after the effective date of that order;\nOur action revoking the permits is without prejudice to the holders\nregaining their authority under the simplified registration procedures.\nIndeed, we encourage those who have not yet done SO to register promptly.\nSince provision is made for the filing of objections to this order,\noctitions for reconsideration will not be entertained.\nName and Address of Indirect Air Carrier\nOrder No. and\n(or its Designated Agent) Holding\nHolder's Homeland\nEffective Date of\nSection 402 Permit\nPermit\nAllair Vacations Canada Limited\nCanada\n76-1-64\nAnderson & Pendleton\nJanuary 15, 1976\n1000 Connecticut Ave., N.W., Suite 707\nWashington, DC 20006\n* Club Mediterranee S.A. (France) d/b/a\nFrance\n78-8-69\nClub Med. Inc., (U.S.A.)\nAugust 14, 1978\nUnited States Corporation Company\n306 South State Street\nDover, Delaware\n* Deutsches Reiseburo GmbH (Germany) d/b/a\nFederal Republic of Germany\n78-8-61\nDer Travel Service\nAugust 11, 1978\nPaul Reiber\n6714 Whittier Avenue\nMcLean, VA 22101\n*\nGlobus-Gateway Tours, Ltd. (Switzerland)\nSwitzerland\n78-5-9\nJohn A. Martinen\nMay 2, 1978\n69-15 Austin Street\nForest Hills, NY 11375\nHolland Amerika Lijn, N.V.\nNetherlands\n80-5-30\nBoros & Garofalo, P.C.\nMay 5, 1980\n1120 Connecticut Ave., N.W., Suite 460\nWashington, DC 20036\nInternational Developers, Inc. (JAPAN) d/b/a\nJapan\n79-1-123\nToyo World Enterprises of California, Inc.\nJanuary 19, 1979\nHarry A. Bowen\nBowen and Atkin\n2020 K Street, N.W., Suite 350\nWashington, DC 20006\nPage 1 of 4\nAttachment\nName and Address of Indirect Air Carrier\nOrder No. and\n(or its Designated Agent) Holding\nHolder's Homeland\nEffective Date of\nSection 402 Permit\nPermit\n* Reiseburo Schwaben International GmbH\nFederal Republic of Germany\n78-5-7\n(Germany) d/b/a Schwaben\nMay 2, 1978\nMorris R. Garfinkle\nGalland, Kharasch, Calkins & Short, P.C.\n1054 31st Street, N.W.\nWashington, DC 20007\nSun Tours Limited (Canada)\nCanada\n77-5-55\nMr. Paul M. Ruden\nMay 11, 1977\nWilner & Scheiner\n1200 New Hampshire Ave., N.W.\nWashington, DC 20036\nSytour SC\nBelgium\n78-1-93\nRobert M. Hausman\nJanuary 19, 1978\nHausman and Rosenthal\n2020 K Street, N.W.\nWashington, DC 20006\nThomas Cook Overseas, Ltd. (Great Britain),\nUnited Kingdom\n77-3-90\nd/b/a Thomas Cook, Inc. (U.S.A)\nMarch 14, 1977\nMr. Charles A. Hobbs\nWilkinson, Cragun & Barker\n1735 New York Ave., N.W.\nWashington, DC 20006\nTop Tours, S.A. (Spain) d/b/a TTI\nSpain\n80-5-184\nTravel, Inc. (U.S.A.)\nMay 28, 1980\nHoward S. Boros\nBoros & Garofalo, P.C.\n1120 Connecticut Ave., N.W.\nSuite 460, Bender Building\nPage 3 of 4\nAttachment\nWashington, DC 20036"
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