Decision No. 300-A-2008

May 30, 2008

File Nos. M4212/C180-2
M5000/C180

Cargolux Airlines International, S.A. (Cargolux) has applied to the Canadian Transportation Agency (the Agency) for the program permit and the approval set out in the title. The application was complete on May 28, 2008.

Under Licence No. 977270, Cargolux is authorized to operate a non-scheduled international service on a charter basis between points in the Grand Duchy of Luxembourg and points in Canada.

Under Licence No. 961011, Flugfelagid Atlanta H/F carrying on business as Air Atlanta Icelandic (Air Atlanta Icelandic) is authorized to operate a non-scheduled international service on a charter basis between points in Iceland and points in Canada.

Canadian air carriers were given until May 26, 2008 to provide their comments on the charter flight and no interventions were received.

The Agency has considered the application for a program permit and has determined that Cargolux requires a variance of its licence to operate the proposed flight.

Therefore, the Agency, pursuant to subsection 74(1) of the Canada Transportation Act (the CTA), deems it appropriate to add the following condition to Cargolux's non-scheduled international Licence No. 977270:

The Licensee is authorized to operate one foreign originating entity cargo charter flight from London, Stansted, United Kingdom to Mirabel, Quebec, Canada, on May 31, 2008, using a B747-200F aircraft and flight crew provided by Air Atlanta Icelandic, carrying Formula One race cars, spare parts and television equipment on behalf of Formula One Management Ltd.

The Agency notes that the application for the program permit was filed less than 15 days before the planned flight as required by subparagraph 73(2)(c)(ii) of the Air Transportation Regulations (the ATR), and, therefore, an exemption from the application of this provision is necessary. The Agency is of the opinion that compliance by Cargolux with subparagraph 73(2)(c)(ii) is impractical in this case. Accordingly, pursuant to paragraph 80(l)(c) of the CTA, the Agency orders that Cargolux be exempt from the application of subparagraph 73(2)(c)(ii) of the ATR.

In addition, the Agency grants program permit number FECF-11/08 for the above referenced flight.

With respect to the request for an approval pursuant to section 60 of the CTA, the Agency notes that the application was filed less than 45 days before the planned flight, as required by subsection 8.2(2) of the ATR, and therefore an exemption from the application of this provision is necessary. The Agency finds that compliance with subsection 8.2(2) of the ATR is impractical in this case. Accordingly, pursuant to paragraph 80(l)(c) of the CTA, the Agency orders that Cargolux be exempt from the application of subsection 8.2(2) of the ATR.

The Agency has reviewed and considered the application for an approval pursuant to section 60 of the CTA and the material filed in support thereof and is satisfied that it meets the remaining requirements of section 8.2 of the ATR.

Accordingly, the Agency, pursuant to paragraph 60(1)(b) of the CTA and section 8.2 of the ATR, approves the use by Cargolux of aircraft and flight crew provided by Air Atlanta Icelandic, and the provision by Air Atlanta Icelandic of such aircraft and flight crew to Cargolux, to permit Cargolux, while providing its non-scheduled international service between London and Mirabel, to operate one flight on May 31, 2008 using a B747-200F aircraft, subject to the following conditions:

1. The air service shall be operated under Cargolux's non-scheduled international licence (Licence No. 977270).
2. Commercial control of the flight shall be maintained by Cargolux.
3. Operational control of the flight shall be maintained by Air Atlanta Icelandic which shall receive payment based on the rental of aircraft and crew and not on the basis of the volume of traffic carried or other revenue-sharing formula.

Cargolux and Air Atlanta Icelandic are reminded of the continuing requirement to comply with sections 8.2 and 8.5 of the ATR.

Cargolux and Air Atlanta Icelandic are not exempted from the requirements of other legislative acts or regulations, including those of Transport Canada.

Cargolux is reminded to contact Transport Canada for compliance with security and dangerous goods requirements and the local airport authority for permission to operate at specific times or for the use of any airport facility. Regarding the availability of clearance services, Cargolux is reminded to contact the Canada Border Services Agency.

Members

• Raymon J. Kaduck
• John Scott