OST Docket Filings for January 29, 1998

OST Docket Filings for January 29, 1998

Applications and Renewals:

Answers and Replies:

American and TACA | Transaero

Notices of Action Taken:

None

Notices and Orders:

Foreign Air Carrier Family Support Act | IATA | Mt. Vernon | Standard Foreign Fare Level

Aeroejecutivo, S.A. de C.V d/b/a Aeroexo

OST-95-356 | January 29, 1998

Application for Renewal of Exemption

Aeroexo hereby applies forrenewal of its exemption pursuant to the provisions of 49 USC Section 40109, so that it may continue to engage in scheduled foreign air transportation of persons, property and mail between points in Mexico and points in the United States pending issuance of an amended foreign air carrier permit.

Answers are due by February 16, 1998

Counsel: The Marquez Goup, Jim Marquez, 703.734.4382

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American Airlines, Inc. (Exemption Renewal, Codeshare with South African Airways)

OST-98-3401 | January 29, 1998

Application for Renewal of Exemption to Serve South Africa

Under this arrangement, the "AA" designator code is displayed on SAA's flights between the United States and South Africa, and the "SA" designator code is displayed on American's certain domestic fights operated by American beyond SAA's U.S. gateways.

Answers are due by February 13, 1998

Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com

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American Airlines, Inc. and The TACA Group Reciprocal Codeshare Services Proceeding

OST-96-1700 | January 28, 1998 | Editor's Note: Docket Room Received the comments at 5:06 pm

Comments of The United States Department of Justice

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The DOJ takes no position on the weight that the Department should give to open skies achieved as a precondition to its consideration of the current code-share application (or on whether open skies could be achieved without approval of this specific agreement). For the reasons noted below, however, the DOJ urges the Department to give little weight to the parties, proffered efficiencies and resulting claims of expanded networks and seamless service in the U.S. - Central American market. The claimed efficiency benefits that are unique to this transaction are very slight, yet the agreement presents some potential risks to competition that should be carefully weighed in the public interest analysis.

Counsel: DOJ, Roger Fones

Editor's Note: Docket Room Received the comments at 5:06 pm Jan 28th

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Asia Pacific Airlines, Inc. (Certificate of Public Convenience, Cargo Interstate/Foreign Charter)

OST-98-3404 | January 29, 1998

Application for Certificates of Public Convenience

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Asia Pacific plans to start operations on April 15, 1998 with a leased B-727-200F aircraft which will be based in Guam. The carrier will primarily serve the transportation needs of various Tan companies. The volume of these cargo operations will cover the airline's operating costs so it will be self sufficient from the time it commences service. Asia Pacific further believes there is a lack of adequate cargo capacity for inter-island cargo service among Guam, Saipan and the Federal States of Micronesia.

Exhibit Index

Motion to Withhold Information from Public Disclosure

Answers are due by February 26, 1998, Subpart Q

Counsel: Baker Hostetler, Joanne Young, 202-861-1532

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Falcon Air Express, Inc.

OST-95-676 | OST-95-677 | OST-97-2592 | January 29, 1998

Re: Falcon Air Express

Pursuant to the Terms, Conditions and Limitations of Falcon Air Express, Inc.'s ( 'Falcon") Certificate of Public Convenience and Necessity enclosed in Order 96-2-34, Falcon hereby notifies the Department that Mr. John F. Rupert has been appointed Director of Operations. In accordance with 14 C.F.R. §204.5 of the Department's Regulations, attached please find the following documents for filing:

1. Affidavit of Citizenship;
2. Resume;
3. §204.3(1) Statement of Outstanding Judgments in Excess of $5,000 (none);
4. §204.3(m) Statement of Actions and Outstanding Judgments of Less than 55,000 (none);
5. §204.3(o) Statement of Pending Investigations, Enforcement Actions and Formal Complaints (none);
6. 5204.3(p) Statement of Unfair, Deceptive or Anti-Competitive Business Practices (none);
7. §204.3(q) Statement of any Aircraft Accidents or Incidents (none).

Counsel: Pierre Muprhy, Elizabeth Collins, 202-872-1679

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The Foreign Air Carrier Family Support Act of 1997

Order 98-1-31 | OST-98-3304 | Issued January 29, 1998 | Served February 3, 1998

Order Granting Exemption

In this order we exempt foreign air carriers which currently hold, or may subsequently receive, Department authority to conduct operations in foreign air transportation using only small aircraft, from the provisions of 49 U.S.C. section 41313.

By: Patrick Murphy

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Mt. Vernon, Illinois (EAS)

Order 98-1-26 | OST-96-1265 | Issued January 26, 1998 | Served January 30, 1998

Order

By this order, the Department is prohibiting Great Lakes Aviation from suspending its essential air service at Mt. Vernon, Illinois, and requiring the carrier to continue providing essential air service at the community until a replacement carrier can be found. We are also requesting proposals from carriers interested in providing replacement service at Mt. Vernon, with or without subsidy.

Appendix A: Map
Appendix B: Historical Traffic
Appendix C: Service List

By: Charles Hunnicutt

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Spirit Airlines, Inc. (Exemption, US-Canada)

OST-98-3403 | January 29, 1998

Application for an Exemption

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Although Spirit has not finalized its planned service pattern, Spirit will use DC-9 aircraft to provide low-cost service to U.S. communities that either have no nonstop U.S.-Canada service, or to communities that do not enjoy low-cost travel options between the U.S. and Canada. The eventual service operated by Spirit will not be markedly different in terms of aircraft size or stage length from the interstate services Spirit currently operates. DOT should similarly find Spirit fit to provide scheduled foreign air transportation in the U.S.-Canada market.

Answers are due by February 13, 1998

Service List

Counsel: Spirit and Galland Kharasch, Anita Mosner, 202-342-5200

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Transaero Airlines (Exemption, New York-Russia)

OST-98-3329 | January 29, 1998

Answer of United Air Lines to Application for an Exemption

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Even if the authority requested by Transaero is encompassed by the bilateral between the United States and Russian Federation, the Department should deny Transaero's request or defer action until the U.S. and Russia have concluded negotiations on pending bilateral issues. The Russian government, since at least March of 1995, has refused to renew United's bilateral right to offer code-share services between the U.S. and Moscow via Frankfurt in conjunction with Lufthansa. These code-share services are expressly permitted under the terms of the U.S.-Russia bilateral air services agreement and in fact had been approved by the Russian Government on two previous occasions.

Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130

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Turkish Airlines - Turk Hava Yollari A.O. (Foreign Air Carrier Permit)

OST-97-2407 | January 29, 1998

Supplement No. 1 to Application for Foreign Air Carrier Permit

At the request of the Department Staff, Turkish Airlines submits this Supplement No. 1 to the Application for Foreign Air Carrier Permit, which Turkish Airlines filed on April 29, 1997. The Staff requested that Turkish Airlines provide more recent financial information than that contained in the Application, if such was available. The Staff also requested additional information concerning an accident on a domestic Turkish Airlines flight on December 29, 1994, which is referred to in Exhibit THY303 of the Application. With regard to the latter, the Staff inquired, in particular, whether a Turkish Government investigation of that accident had been conducted and, if so, whether any violations of Turkish aviation regulations had been found

Attachment 1: Verification
Exhibit THY-303: Accident Investigation Board Report
Exhibit THY-400: Profit & Loss Statement for 1996 / Balance Sheet for 1996

Counsel: Zuckert Scoutt, Charles Simpson, 202-298-8660

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Establishment of the Standard Foreign Fare Level

Order 98-1-32 | Docket 37554 | Issued January 29, 1998

Order

Appendix A: Intl Normal Fare Adjustment Factor by Entity

By: Charles Hunnicutt

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Agreement Adopted by the Tariff Co-ordinating Conferences of the International Air Transport Assocation relating to passenger fares

Order 98-1-30 | OST-97-3262 | Issued January 28, 1998 | Served February 4, 1998

Order

The agreement adopts a new enabling resolution regarding revisions to the annual Hajj and Umrah pilgrimage periods set forth in special fare resolutions relating to travel to/from Saudi Arabia. At present the pilgrimage period in each special fare resolution must be amended each year either by mail vote or conference action. Under the enabling resolution, the national carrier of Saudi Arabia may amend these periods by means of a notice to the IATA Secretariat for circulation to all members. Finally, the agreement adjusts previously agreed fares from Kuwait to the United States to reflect levels now on file and approved by governments.

By: Paul Gretch

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