OST Docket Filings for January 9, 1998
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OST Docket Filings for January 9, 1998
AirPortland | American Intl Airways | Tradewinds | WINAIR | IATA
Answers and Replies:
Simmons/Trans States/Reno/Atlantic Coast/Great Lakes (2) | TWA and Ukraine
Confidentiality Affidavits:
American and British Airways | American and TACA
Notices of Action Taken:
American | ANA | Antonov | Continental Micronesia (2) | Fine | Japan Air System
Notices and Orders:
AirPortland, Inc. (Certificate of Public Convenience, Interstate and Overseas Scheduled)
OST-97-3049 | January 9, 1998
Supplement No. 2 to the Application
for a Certificate of Public Convenience and Necessity
To date the Applicant has not made a decision on whether the third round of financing will be a private placement or a public offering. The Applicant's financing plans contemplate a minimum offering of 4,000,000 shares and a maximum offering of 5,000,000 at a per share price of $6.00. The Applicant estimates gross proceeds of $26,300,000, with net proceeds of $25,000,000, from the offering. The Applicant has retained Black & Company, a Portland investment bank, to act as its financial adviser, and depending on the fulfillment of certain conditions, to co-lead the third round of financing with a national investment bank selected by the Applicant. The exact terms of the offering may vary, depending on the advice of investment bankers, market conditions and other factors. The third financing is now planned for April or May of 1998, rather than the previously estimated time of March, 1998.
Exhibit
Index - Private Placement Memorandum and Attachments)
Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000 / Ater Wynne Hewitt, Byron Milstead, 503-226-1191
All Nippon Airways Co., Ltd. - (Notice of Action Taken)
OST-95-820 | OST-95-819 | OST-95-818 | Filed December 5, 1997 | Action Taken January 9, 1998
Relief requested: Exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between (1) Tokyo, Japan, and New York, New York; (2) Nagoya, Japan, and Honolulu, Hawaii; and (3) Tokyo, Japan, and Orlando, Florida, via Washington D.C.Responsive Pleadings: The State of Hawaii and the Washington Parties filed answersin support of some or all of ANA's requests. No other pleadings were filed in responseto ANA's requests.
Applicant representative: James L. Devall, 202.298.8660
American Airlines, Inc. - (Renew Notice of Action Taken)
OST-95-849 | Filed November 26, 1997 | Action Taken January 9, 1998
Renew for two years allocation of three weekly U.S.-Brazil frequencies to provide:Scheduled foreign air transportation of persons, property, and mail between Dallas/Ft. Worth, Texas, and Sao Paulo, Brazil.
Applicant rep.: Carl B. Nelson, Jr.. 202.496.5647
American Airlines, Inc. and British Airways Plc
OST-97-2058 | January 9, 1998
Re: Confidentiality Affidavit
for United Air Lines
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9130
American Airlines, Inc. and Linea Aerea Nacional Chile, S.A. (Antitrust Immunity)
OST-97-3285 | Posted and Served January 9, 1998
We will rule on the merits of the Rule 39 Motion by subsequent order. In the meantime, in order to afford interested parties prompt access to the documents under conditions agreed to by American and Lan Chile and imposed by the Department under similar recent circumstances, we will grant immediate interim access to all documents covered by the Rule 39 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance. Moreover, we find it appropriate to grant interim access to any subsequent materials flied in this docket under a Rule 39 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance, unless the party filing the motion objects.
By: Charles Hunnicutt
American Airlines, Inc. et al, and The TACA Group Reciprocal Code-Sharing Services Proceeding
OST-96-1700 | January 9, 1998
Re: Confidentiality Affidavit
for United Air Lines
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9130
American International Airways, Inc. (Exemption, Start-Up Delay)
OST-97-3126 | January 9, 1998
Until the DGAC conducts a public hearing and issues an operating permit, AIA will not be in a position to inaugurate service. It is clear that the DGAC decision will not be issued before January 20th. Therefore, to avoid loss of its route authority, AIA requests a 90-day extension of time to April 20, 1998. AIA intends to begin its scheduled service as soon as possible after receipt of its Ecuadorian authority.
Counsel: Sher Blackwell, Mark Atwood, 202-463-2500
Antonov Design Bureau - (Notice of Action Taken)
OST-98-3318 | Filed January 7, 1998 | Action Taken January 9, 1998
Relief requested: Exemption from 49 U.S.C. 40109(g) to operate four one-way emergency cabotage cargo charter flights between Wilrnungton, OH, and Seattle/Boeing Field, WA, carrying up to four outsized GE90 engines plus ancillary equipment, during the period January 10-February 9, 1998, on behalf of General Electric Aircraft Engines for installation on Boeing's 777 aircraft.
Applicant representative: Sheryl R. Israel 202.663.8312
Continental Micronesia - (Renew Notice of Action Taken)
OST-95-808 | Filed December 12, 1997 | Action Taken January 9, 1998
Integration of its Guam-Indonesia authority and its Guam-Palau authority on Route 171 in order to operate flights on a Guam-Palau-Denpasar, Indonesia routing (without local traffic rights between Palau and Denpasar). Continental seeks this authority in order to carry passengers and cargo in the Guam-Palau market on its Guam-Denpasar flights.
(New Notice of Action Taken)
OST-97-3283 | Filed December 23, 1997 | Action Taken January 9, 1998
Scheduled foreign cur transportation of persons, property, and mail between Guam and Cairns, Australia, and to integrate this authority with its existing exemption and certificate authority.
Applicant rep.: R. Bruce Keiner, 202.624.2615
Fine Airlines, Inc. - (Renew Notice of Action Taken)
OST-95-503 | Filed May 14, 1997 | Action Taken January 9, 1998
Scheduled foreign air transportation of property and mail between Miami, E lorida, and the coterminal points San Pedro Sula, Honduras, and Managua, Nicaragua, and to integrate this authority with its exemption authority to operate between Miami and the coterminal points San Salvador, El Salvador, and Guatemala City, Guatemala.
Applicant rep.: Karan Bhatia. 202.663.6000
Japan Air System Company, Ltd. - (Notice of Action Taken)
OST-95-814 | Filed December 1, 1997 | Action Taken January 9, 1998
Relief requested: Exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Tokyo, Japan, and Honolulu, Hawaii, and charters subject to Part 212 of the Department's rules.
Applicant representative: Anne D. Smith, 202.626.3600
Simmons Airlines, Inc. d/b/a American Eagle / Trans States Airlines, Inc. d/b/a United Express / Reno Air, Inc. / Atlantic Coast Airlines d/b/a United Express / Great Lakes Aviation Ltd. d/b/a United Express (High Density Rule, Chicago O'Hare)
OST-97-2985 | OST-97-2368 | OST-97-2771 | OST-97-3259 | OST-97-3153 | January 9, 1998
Motion for Leave to File and Response
of American Airlines and American Eagle to
Comments of Comair
Comair and Delta, and their hub services at Cincinnati, have no special claim to protection from competition. Indeed, American and American Eagle are at a decided competitive disadvantage at O'Hare in competing with nearby hubs, such as Cincinnati, for national traffic flows because O'Hare is the only slot-controlled hub airport in the United States. The additional slots that the Department has been asked to make available at O'Hare cannot begin to redress the overwhelming advantage enjoyed by Delta and Comair in operating at an unconstrained airport.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Motion for Leave to File and Reply of Atlantic
Coast Airlines to Comments of Comair
Comair's arguments for rejecting the current O'Hare slot exemption applications lack both merit and substance. To credit Comair's position would be tantamount to reverting to the policies embodied in the pre-deregulation Federal Aviation Act. Moreover, Comair is asking the Department to ignore the Congressional directive to expand service opportunities between non-hub cities and O'Hare. Finally, Comair has mischaracterized ACA's motives for seeking O'Hare slots. Accordingly, the DOT must reject the selfserving and protectionist arguments of Comair and promptly proceed to decide the issues raised by the competing slot applications of ACA and Simmons.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300
Tradewinds Airlines, Inc. (Certificate of Public Convenience, Interstate Charter)
OST-97-2794 | OST-97-2795 | January 9, 1998
Motion for Waiver of Condition and
Request for Expedited Treatment
Tradewinds' petition is also limited in scope. Tradewinds is not asking for permission to hold itself out to the traveling public through issuing tickets, or to receive monies, prior to its receipt of effective authority. Tradewinds merely seeks permission to enter into contractual commitments, subject to final government approval, to provide the air service that the Department has already conditionally approved.
Counsel: Wilmer Cutler, Jeffrey Shane
OST-97-2986 | Undocketed | January 9, 1998
Petition for Review of Staff Action
By Order 97-12-33, the Department, by staff action, granted the request of Tower Air to delay its start-up date to serve the New York-Kiev market until April 15, 1998, subject to a condition that requires it to file monthly reports on the status of its plans to inaugurate service. Because there are no additional U.S. designations available under the U.S.-Ukraine bilateral agreement and no currently available authority from France to provide the code share service over the proposed connecting point, Paris, the Department also dismissed the application of TWA for an exemption to serve Ukraine via a code share with Ukraine International and the joint application of the carriers for statements of authorization to provide code share service. The Department did not dismiss the related application of Ukraine International in Docket 97-2987 for an exemption to serve the United States by code share with TWA.
TWA and Ukraine International hereby petition for review of Order 97-12-33 insofar as it dismissed the TWA exemption application and the joint application for code share authority. The applicants do not request review of that portion of the order that relates to Tower Air. The proper course of action would have been to defer, rather than dismiss, the TWA and Ukraine International applications.
Counsel: Richard Fahy, Jr. for TWA and Ukraine International, 703.684.4422
OST-97-2936 | OST-97-2937 | January 9, 1998
Re: Dockets OST-97-2936 &
OST-97-2937
As we discussed, WINAIR expects to complete its FAA proving runs this weekend and anticipates that its FAA Operating Certificate and operations specifications will be issued on Monday, January 12, 1998. As we previously discussed, WINAIR will be requesting a waiver of the Department's six-day review period upon the submission of its 121 certificate and op specs. In an effort to facilitate your review of the remaining documentation, I am attaching hereto a resume for Richard Ence who has replaced Terence Ash as WINAIR's Vice President - CFO, along with the relevant compliance information. There have been no other changes in WINAIR's ownership, key personnel, operating plans, financial posture or compliance history since the date of the Show Cause Order.
Also attached is a revised list of pre-operating expenses already paid and those remaining to be paid. As you can see, WINAIR's estimated pre-operating costs will have exceeded its actual pre-operating costs by approximately $86,000. A portion of the $2,000,000 in equity being provided by Mr. Winwood has been used to cover the pre-operating costs. Evidence that the balance of the equity has been paid to WINAIR will be provided in the very near fixture. In addition, I want to confimn that WINAIR's line of credit from Mr. Winwood in the amount of $5,200,000 remains in place and has not been drawn upon.
Vitae of Richard Ence | Winair Recap of Pre-Certification Costs
Counsel: Boros Garofalo, Eileen Gleimer, 202.822.9070
OST-98-3320 | January 9, 1998
Application for Approval of Agreements
Agreement: PTC12 NMS-ME 0036 dated December 19, 1997 rl-17
PTC12 NMS-ME 0037 dated December 19, 1997 rl8-35
MINUTES - PTC12 NMS-ME 0035 dated December 19, 1997
TABLES - PTC12 NMS-ME Fares 0016 dated January 6, 1998
By: David O'Connor
Order 98-1-8 | OST-97-3117 R-1 through R-3 | Issued January 9, 1998 | Served January 15, 1998
The agreement increases economy class Circle Pacific APEX fares five percent, except three percent from Australia and no change from Japan. First and intermediate class Circle Pacific APEX fares from several points in South East Asia, Australia, and New Zealand are also increased, generally by five percent. Children's fares are increased to 751 of the applicable adult fare, except from Japan and Korea, and stopover and rebooking/rerouting charges are increased 13500-. from Korea, Hong Kong, Malaysia, and French Polynesia.
By: Charles Hunnicutt
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