BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D. C. Application of ) ) DOT-OST-2013-0035 INSELAIR ARUBA N.V. ) ) For an amended Statement of ) Authorization under Part 212 ) (Aruba San Juan codesharing) ) July 17, 2015 APPLICATION OF INSELAIR ARUBA N.V. FOR AMENDED STATEMENT OF AUTHORIZATION Communications with respect to this document should be addressed to: Josh Romanow Peter Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 20036 Phone: +1-202-663-8000 Fax: +1-202-663-8007 Email: romanow@pillsburylaw.com peter.nelson@pillsburylaw.com Counsel for InselAir Aruba N.V. NOTE: Any person may support or oppose this Application by filing an answer and serving a copy of the answer on counsel for InselAir Aruba N.V. and upon each person served with this application. Answers are due by July 28, 2015. The applicant intends to poll parties on the service list and will advise the Department of the results.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D. C. Application of ) ) DOT-OST-2013-0035 INSELAIR ARUBA N.V. ) ) For an amended Statement of ) Authorization under Part 212 ) (Aruba San Juan codesharing) ) APPLICATION OF INSELAIR ARUBA N.V. FOR AMENDED STATEMENT OF AUTHORIZATION InselAir Aruba N.V. ( Insel Aruba ) hereby applies, pursuant to 14 C.F.R. Part 212, for an amended Statement of Authorization to enable Insel Aruba to place the Insel Air International B.V. ( Insel Air ) code 7I on scheduled flights operated by Insel Aruba between Aruba and San Juan, Puerto Rico. Insel Aruba respectfully seeks expedited treatment of this application and a waiver of the advance filing requirement of 14 C.F.R. 212.10(d)(2), and requests that the amended Statement of Authorization be effective for an indefinite period, consistent with its existing Statement of Authorization and Department of Transportation ( Department ) precedent. Insel Aruba is a foreign carrier of Aruba that holds an open skies foreign air carrier permit to conduct scheduled and charter foreign air transportation between Aruba and the United States, via behind, intermediate, and beyond points (See Order 2013-8-10). Insel Air is a foreign air carrier of Curacao that holds a foreign air carrier permit and exemption authority to conduct scheduled and charter foreign air transportation between the U.S. and the (former) Netherlands Antilles, via intermediate points, as provided by the Air Transport 1
Agreement between the United States and the Kingdom of the Netherlands in Respect of the Netherlands Antilles (See Order 2007-12-1 and Notice of Action Taken dated December 2, 2009, timely renewal pending). Insel Air has been operating scheduled service between the United States and Curacao for several years. On April 20, 2015, the Department granted Insel Aruba a Statement of Authorization for an indefinite duration to display the (7I*) designator code of Insel Air on flights operated by Insel Aruba between Aruba and Miami, Florida. The two carriers now intend to expand this codeshare arrangement to include Aruba San Juan, Puerto Rico. The proposed codeshare service is consistent with all bilateral requirements. Article 8, Section 7(b) of the Air Transport Agreement between the United States and the Kingdom of the Netherlands in Respect of Aruba provides: a. In operating the authorized services on the agreed routes, any designated airline of one Party may enter into cooperative marketing arrangements such as blockedspace, code-sharing or leasing arrangements, with: b. an airline or airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such third country; Similarly, for Curacao, Article 8, Section 7(b) of the (former) Netherlands Antilles Air Transport Agreement also authorizes third-country code-sharing: a. In operating or holding out the authorized services on the agreed routes, any designated airline of one Party may enter into cooperative marketing arrangements such as blocked-space, code-sharing or leasing arrangements, with: b. an airline or airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such third country; Both carriers are fully qualified to operate the services for which authority is herein requested. Grant of this authority will provide additional air service opportunities to travelers in
Curacao, Aruba and the United States and is consistent with the rights granted in the relevant air transport agreements, and will, therefore, serve the public interest. The U.S. Government has long recognized that the inclusion of a particular service in a bilateral aviation agreement to which the United States is a party is, by itself, a prima facie indication of the public interest in operations on that route. 1 Insel Air will comply with the requirements of Part 257 of the Department s regulations with respect to the disclosure of codeshare relationships. WHEREFORE, based upon the foregoing information, Insel Aruba respectfully requests that the Department grant its request for an amended Statement of Authorization as more fully described above. Respectfully submitted, July 17, 2015 Josh Romanow Peter Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 2036 Phone: (202) 663-8000 Fax: (202) 663-8007 Email: romanow@pillsburylaw.com peter.nelson@pillsburylaw.com Counsel for InselAir Aruba N.V. 1 See, S.REP. No. 96-329, at 4 (1979), reprinted in 1980 U.S.C.C.A.N. 54, 57 ( The negotiation of a bilateral agreement itself represents a determination by the Government of the United States that the grant of route authority provided for under the bilateral is in the public interest. ).
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing application has been served this the 17 th day of July, 2015, upon each of the parties below by electronic mail. Sascha Vanderbellen Chris Walker Delta Airlines sascha.vanderbellen@delta.com chris.walker@delta.com Robert Wirick Howard Kass American Airlines robert.wirick@aa.com howard.kass@aa.com Steve Morrissey Dan Weiss United Airlines steve.morrissey@united.com dan.weiss@united.com Anita Mosner Jennifer Nowak Counsel for United Parcel Service Co Holland & Knight anita.mosner@hklaw.com jennifer.nowak@hklaw.com Russell Pommer Atlas Air rpommer@atlasair.com Bailey Leopard Nancy Sparks Federal Express Corporation gbleopard@fedex.com nssparks@fedex.com David Kirstein Counsel for Spirit Airlines dkirstein@yklaw.com Robert Kneisley Leslie Abbott Southwest Airlines bob.kneisley@wnco.com leslie.abbott@wnco.com Paul Gretch Brian Hedberg Department of Transportation paul.gretch@dot.gov brian.hedberg@dot.gov /s/ Melinda A. Hernandez Melinda A. Hernandez James R. Jelenski Federal Aviation Administration jamesr.jelenski@faa.com Evelyn D. Sahr Robert Land Drew Derco JetBlue Airways Corporation esahr@eckertseamans.com robert.land@jetblue.com dderco@eckertseamans.com