OST Docket Filings for February 5, 1998
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OST Docket Filings for February 5, 1998
Baltia | Federal Express (2)
Answers and Replies:
Airbus | American | United and Mexicana
Confidentiality Affidavits:
American and TACA/American and Lan Chile
Notices of Action Taken:
None
Notices and Orders:
Fergus Falls | United v. Russia
Airbus Transport International S.N.C.
OST-98-3363 | OST-98-3361 | February 5, 1998
Consolidated
Reply of Air Transport
CMI's and Northwest's arguments do not demonstrate that comity and reciprocity between the U.S. and France is insufficient to award the requested permit and exemption authorities to ATI. Such comity and reciprocity was recognized by the Department in March, June, September and October of 1997, and still exists. In addition, grant of the requested authority will increase the benefits available to consumers, while denial will force a delay in NASA's VentureStar space shuttle production schedule and will leave consumers with no access to the unique capabilities of the A300-600ST aircraft, and with a severely limited choice for transportation of outsized cargo.
Counsel: Hogan Hartson, E. Tazewell Ellet, 202.637.6945
American Airlines, Inc. (Chicago-Tokyo, Advance Advertising and Sales)
OST-98-3431 | February 5, 1998
Answer of Continental
Airlines
American has asked the Department to prejudge American's application and answers to it by granting American authority to start selling Chicago-Tokyo service before its own exemption application has even been filed, much less considered and granted. If the Department were to permit American to begin advertising and selling its services now, the Department would be depriving other interested parties of an effective opportunity to answer American's forthcoming Chicago-Tokyo applications.2 If the potential applicants for Japan authority seek only routes requiring new service which they actually plan to operate, the Department may well find that no further route case is required. In that event, the Department could award authority to all applicants immediately, and all of the applicants could commence sales activities immediately at the same time without jeopardizing the due process rights of other parties, as American would do.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615
OST-96-1700 | OST-97-3285 | February 5, 1998
Affidavits
for Counsel of Continental Airlines (Paul Denis, Lorraine Halloway,
Bruce Keiner)
Counsel: Crowell Moring, Bruce Keiner
Baltia Air Lines, Inc. - (Delay Start-up New York/St. Petersburg)
OST-98-3432 | February 5, 1998
Baltia requests an exemption to delay inauguration of Baltia's service in the New York-St. Petersburg market. . As described above, Baltia is fit, willing, and financially able to commence service in mid May. To deny the exemption is to affirmatively stop an effort that has taken Baltia's management years to perfect, an effort that, but for an exemption, would provide service across the North Atlantic this summer season. Baltia requests an exemption in order to complete FAA certification, a period extending 120 days beyond the day the exemption is granted .
Counsel: The International Business Law Firm, Steffanie Lewis, 703.522.1198
Federal Express Corporation (US-Japan All-Cargo Service)
OST-98-3435 | February 5, 1998
Application
for Amendment of Certificate Authority
Federal Express anticipates that it will make immediate changes in its existing U.S.-Japan flight schedules to operate new services beyond Japan to points in Indonesia and Macau, and will begin carrying local 5th freedom traffic on its existing "blind-sector" operations between Tokyo and points in China.
FX-100: Certificate of Public Convenience for Route 205-F and Amendment
OST-98-3436 | February 5, 1998
Application
for Grant of an Exemption
Federal Express submits that grant of the foregoing exemption authority, as requested in this application, is wholly consistent with the terms of the 1952 U.S.-Japan Bilateral Agreement, as amended and/or confirmed by the 1998 MOC between the U.S. and Japan. Grant of the requested exemption is also consistent with the public convenience and necessity, in that it will afford immediate increased operating flexibility to enable Federal Express to adjust the routing and frequency of its U.S.-Japan services more quickly in response to shifting operational or traffic-demand considerations. That increased operating flexibility will enhance the ability of Federal Express to provide efficient, reliable and high-quality all-cargo service between the U.S. and Japan, on which thousands of its customers rely to meet their U.S.-Japan expedited air express and time-definite air freight transportation requirements.
Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078
Fergus Falls, Minnesota (Small Community Air Service)
Order 98-2-4 | OST-97-3018 | Issued February 5, 1998 | Served February 11, 1998
Order
Selecting Carrier and Setting Final Rate
By this order, the Department is selecting Great Lakes Aviation d/b/a United Express, to provide subsidized essential air service at Fergus Falls, for a two-year period, at an annual subsidy rate of $996,666.
By: Charles Hunnicutt
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. (US-Mexico-Central/South America Codesharing)
OST-98-3322 | February 5, 1998
There is, in fact, no mutual exclusivity so far as the United/Mexicana application is concerned. United is already designated on U.S. carrier Route l.c of the U.S./Mexico agreement which allows services beyond Mexico City to all points in Central America. The Department has previously concluded that the U.S./Mexico "agreement does not limit the number of carriers that can be designated for beyond service over Route l.c. provided that no more than one airline is designated for each city-pair segment." Order 92-5-16 at 4. United is already authorized and designated on that route for services beyond Mexico City in conjunction with the Los Angeles-Mexico City and Washington-Mexico City city pairs. The other U.S. gateways cited by Continental (Chicago, Miami and San Francisco) are not named points on Route 1.c that are eligible for service beyond Mexico City. Nor, to the extent it may be relevant, are they named points on Route l.b which contains more limited beyond rights.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
United Air Lines, Inc. against the Government of the Russian Federation
Order 98-2-3 | OST-97-2888 | Issued February 4, 1998 | Served February 10, 1998
By this order we approve the complaint of United Air Lines, Inc. (United), against the Government of the Russian Federation (Russia). We have decided to defer a decision on the issue of appropriate sanctions. We find that the complaint filed by United Air Lines, Inc., against the Government of the Russian Federation, in Docket OST-97-2888, establishes an unjustifiable and unreasonable discriminatory practice against an air carrier and imposes an unjustifiable and unreasonable restriction on the market access of United Air Lines, Inc., with respect to its U.S.-Frankfurt-Moscow services pursuant to a code-share arrangement with Lufthansa German Airlines.
By: Charles Hunnicutt
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