OST Docket Filings for February 10, 1998
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OST Docket Filings for February 10, 1998
Airline Management | All Nippon Airways | Aviacion Comercial | Continental | Federal Express | HeavyLift
1998 US-Japan Combination (15)
Answers and Replies:
CRS (2) | Soni v. Continental | Northwest/KLM (2) | United | US-Japan Combination Frequencies (2)
Motion for Confidential Treatement Form 41
Notices of Action Taken:
Aero Barloz | Aviones Are | UPS
Notices and Orders:
Suspension of Cargo Operations - Sudan | US-Japan Combination Frequencies | Various Foreign Air Carriers
Aero Barloz, S.A. de C.V. - (Notice of Action Taken)
OST-96-1625 | Filed December 1, 1997 | Action Taken February 10, 1998
Relief requested: Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment, for a period of one year.
Applicant representative(s): Julio Gonzalez Santos, 011.52.8.363.2841
Airline Management Limited - (London-Tampa/San Juan)
OST-97-2143 | February 10, 1998
Application
for Renewal of Exemption
Airline Management Limited respectfully requests that the exemption authority issued to AML in Order 97-3-44, to engage in charter foreign air transportation of persons and property, be renewed for a period of one year. AML also requests that the Department grant such further, different and additional relief as the Department may deem appropriate.
Answers are due by February 25, 1998
Counsel: Zuckert Scoutt, James Devall, 202.298.8660
All Nippon Airways Co., Ltd. (Amend Foreign Air Carrier Permit)
OST-98-3424 | February 10, 1998
Application for an Amendment of its Foreign Air Carrier Permit
Consistent with the 1998 Memorandum of Consultations, ANA requests that the Department issue ANA an amended foreign air carrier permit which would authorize ANA (a) to operate scheduled foreign air transportation of persons, property and mail on the following routing: Between any point or points behind Japan and any point or points in Japan, via any intermediate point or points, and any point or points in the United States, and beyond the United States to any point or points, with full traffic rights; and (b) to exercise all other rights available to ANA pursuant to the 1998 Memorandum of Consultations.
Exhibit 1
Exhibit 2
Answers are due by March 10, 1998
Counsel: Zuckert Scoutt, James Devall, 202-298-8660
Aviacion Comercial de America, S.A. de C.V.
OST-97-2073 | February 10, 1998
Application for Renewal of Exemption
Application of Aviacion Comercial de America, S.A. de C.V. pursuant to 49 USC 40109, applies for renewal of its exemption which authorizes "AVCOM" to engage in charter foreign air transportation of persons and their accompanying baggage with small aircraft between the United States and Mexico, and, subject to prior Department approval, between other countries and the United States.
Applicant Representative: Fulbright Jaworski, Carl Vogt, 202.662.4500
Aviones Are, S.A. de C.V. - (Notice of Action Taken)
OST-96-2038 | Filed January 20, 1998 | Action Taken February 10, 1998
Relief requested: Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment, for a period of one year.
Applicant representative(s): Lee Bauer, 202.962.9440
Computer Reservation System Regulations
OST-97-2881 | February 10, 1998
Motion of the Sabre Group and American Airlines
to Strike of Lyn-Lea Travel
The Department should strike the Comments from this docket because they are simply not relevant to the ongoing rulemaking. The Comments contain no discussion of anything responsive to any one of the 15 interrogatories in the ANPR-M. They are merely a vehicle for placing into this docket confidential documents that FCI obtained, subject to protective orders, from SABRE and American through discovery in a completely unrelated civil litigation. Although these documents are currently under seal with the Department, FCI has expressed its intention (for apparently no other reason than harassment of the parties with which it is in civil litigation) to have the seal lifted so that other parties can see these documents.
Motion of American Airlines and Sabre Group
for Confidential Treatment and Expedited Consideration
The confidential information at issue was submitted to the Department in sealed envelopes by Lyn-Lea Travel Corp. d/b/a First Class International Travel Management ("FCI") as attachments to FCI's Comments to this docket filed on February 3, 1998. The specific information that is the subject of this motion is described on Exhibit "A".
Counsel: SABRE, American, Carl Nelson, 202-496-5647 and Akin Gump, Joseph Esposito, 202-887-4000
Continental Airlines, Inc. - (US-Brazil Frequencies)
OST-98-3466 | February 10, 1998
Application for Renewal of Frequency Allocation
Continental currently operates seven weekly frequencies between Newark and Sao Paulo and seven weekly frequencies between Newark and Rio de Janeiro.
Answers are due by Febraury 25, 1998
Counsel: Crowell Moring, R. Bruce Keiner, Lorraine Halloway, 202.624.2500
Delta Air Lines, Inc. (Form 41, Schedule B-7)
OST-95-561 (48649) | Febraury 10, 1998
Motion for Confidential Treatment
Counsel: Shaw Pittman, Nathaniel Breed, Jr., 202.663.8060
Federal Express Corporation (Renewal, US-Panama All-Cargo)
OST-96-1186 | February 10, 1998
Application for Renewal of an Exemption
All-cargo service between the United States (to be served through Memphis and Miami as gateways) and Panama City, Panama, in conjunction with Federal Express' existing scheduled all-cargo air transportation between points in the United States, on the one hand, and points in Central and South America, on the other hand, as described hereinafter. The exemption authority at issue currently includes authority to serve Bogota, Colombia, in conjunction with service to Panama city. In light of the recent issuance of U.S.-Colombia all-cargo certificate authority to Federal Express by Order 97-10-23, served October 29, 1997, Federal Express does not require or seek renewal of its U.S-Colombia exemption authority.
Federal Express currently operates scheduled all-cargo foreign air transportation between the U.S. and Panama at a frequency of five roundtrips a week operated over a round-robin routing Miami-Valencia-Panama City-Memphis utilizing Boeing B-727-200 freighter aircraft, having an average net payload capacity of 40,000 pounds.
Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078
Federal Express Corporation (Form 41, Schedule B-7)
OST-97-2494 | February 10, 1998
Motion for Confidential Treatment
Counsel: Shaw Pittman, Nathaniel Breed, 202.663.8078
Franz Soni against Continental Airlines, Inc.
OST-97-3287 | February 3, 1998
Continental apologizes for and regrets the delay in responding to this complaint. The delay is due to an administrative oversight and European travel of the attorney primarily involved in the representation of the Company in these matters. Interestingly, the undersigned was traveling to Continental's European stations to discuss training issues for our passengers with disabilities.
Febraury 6, 1998
Mr. Soni, Complainant alleges that it is the practice of Continental to discnminate against people with disabilities by (1) failing to establish an effective system to ensure persons with disabilities can obtain seats with movable armrests in aircraft so equipped, (2) falling to provide boarding wheelchairs in a timely rounder, (3) failing to allow Complainant to stow his wheelchair in the cabin when he takes advantage of the pre-boarding process, {4) failing to adequately train its employees in the proper and safe operation of any and all equipment used to accommodate passengers with disabilities, and (5) failing to ensure that contractors with whom it contracts provide accessible, nondiscriminatory sentences to such passengers. To support these allegations, Mr. Soni appears to rely on four flight experiences which are set forth in the Complaint. He seeks an Order as well as criminal and civil penalties against Continental in connection with his allegations.
Verification | Exhibit I - Agent Coupon | Exhibit II - Letters from Mr. Soni to Alitalia | Service List
Counsel:
HeavyLift-VolgaDnepr Ltd. (Emergency Exemption, Wilmington, Ohio to Seattle, Washington)
OST-98-3455 | February 10, 1998
Application for an Emergency Exemption
Counsel: Miller Hamilton, Lester Bridgeman, 334-432-1414
Northwest/KLM Antitrust Immunity
OST-98-3341 | February 10, 1998
Response of Northwest Airlines
The inarguable fact is that Northwest and American could not be less "similarly situated." The Northwest / KLM alliance and the proposed American British Airways alliance obviously stand before this Department in entirely different procedural postures.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
Response of Wayne County and Detroit Metropolitan Wayne
County Airport
The Wayne County parties strongly urge that American's petition be denied. The course American desires is unwarranted, both procedurally and substantively. In particular, the Northwest/KLM relationship has stimulated substantial growth in travel between Europe and the Detroit Metro area.
Counsel: Kurth, Samuel Keiter, 202-342-1691
Suspension of Cargo Air Operations Between the United States and Sudan
Order 98-2-5 | Issued January 16, 1998 | Served February 12, 198
As described in the show-cause order, this action prohibits any air carrier or foreign air carrier from engaging in air transportation between the United States and Sudan using aircraft of Sudanese registry; prohibits the issuance in the United States of any air waybill that includes a stop in Sudan, regardless of whether the flight in question serves the United States; and forbids U.S. air carriers from selling any transportation of cargo to or from Sudan anywhere in the world.
By: Charles Hunnicutt
United Air Lines, Inc. (Exemption, Chicago-Osaka)
OST-98-3440 | February 10, 1998
Answer of The City of Chicago in Support
Counsel: Chicago and Winthrop Stimson, Kenneth Quinn, 202-833-8491
OST-95-125 | January 12, 1998
Motion for
Confidential Treatment
UPS believes that the information contained in its Schedule B-7 report is confidential and commercially-sensitive data, the premature public disclosure of which would cause substantial injury to UPS. UPS requests that the data at issue be withheld from public disclosure for a period of ten (10) years.
Counsel: James Miller, 502.329.6524
United Parcel Service Co. (New - Notice of Action Taken)
OST-97-2627 | Filed June 25, 1997 | Action Taken February 10, 1998
Scheduled foreign air transportation of property and mail between (1) San Antonio, Texas, and Mexico City, Mexico, and (2) Houston, Texas, and Guadalajara, Mexico. UPS also requested authority to integrate service over these routes with its existing Mexico authority.
On July 30, 1997, we orally granted the San Antonio-Mexico City portion of UPS' application (Order 97-8-17), and deferred action on the Houston-Guadalajara request. At the time UPS filed its application, the Houston-Guadalajara market was a single-designation route under the U.S.-Mexico Air Transport Agreement (DHL Airways, Inc., is currently designated and serves the route). We subsequently obtained approval from the Mexican aviation authorities for double-designation services on the route, making it possible to grant UPS' request for exemption authority to serve the Houston-Guadalajara route. With this action, no issues remain outstanding in Docket OST-97-2627.
Applicant Rep: David Vaughn, 202-955-9864
Order 98-2-7 | Issued February 6, 1998 | Served February 12, 1998
By: Paul Gretch
1998 US-Japan Interim Frequency Allocation Proceeding / 1998 Japan Combination Service Proceeding
American | Continental | Continental Micronesia | Continental/Northwest | Delta | Hawaiian | TWA | US Airways
OST-98-3419 | OST-96-1091 | OST-96-1126 (49527) | February 10, 1998
Application
of American Airlines for Pendente Lite Exemption - Chicago-Tokyo
American proposes to begin Chicago-Tokyo service on May 1, 1998, using 238-seat MD-11 aircraft.
Motion of American
Airlines to Consolidate
American Airlines, Inc., under the Department's Notice of February 3, 1998 setting forth procedures for awarding new rights made available by the agreement of January 30, 1998 between the United States and Japan, hereby moves to consolidate the Chicago-Tokyo and New York-Tokyo portion of its application of February 21, 1996 for certificate authority in OST-96-1091, and the Dallas/Ft. Worth-Osaka portion of its application of April 26, 1994 for certificate authority in Docket 49527 (OST-96-1126), into the .1998 U.S.-Japan Combination Service Proceeding, OST-98-3419.
Counsel: American, Carl Nelson, 202-496-5647
Continental Airlines, Inc. and Northwest Airlines, Inc.
OST-98-3419 | February 10, 1998
Apply for authority necessary for Continental to offer codesharing service, on aircraft operated by Northwest, in the following mainland U.S.-Japan markets -- Detroit-Osaka, San Francisco-Tokyo, Detroit-Tokyo and Los Angeles-Osaka -- and on a blind-sector basis from points in the United States, via Tokyo, to Seoul, Korea, Singapore, and Bangkok, Thailand. Specifically: (1) the Joint Applicants request that the Department allocate them total of 28 weekly frequencies for mainland U.S.-Japan codesharing service and 21 weekly frequencies for beyond Japan codesharing service; and (2) Continental applies for a new or amended certificate of public convenience and necessity, authorizing Continental to provide scheduled foreign air transportation of persons, property and mail in these markets and to consolidate this authority with Continental's other exemption and certificate authority consistent with applicable international agreements. The Joint Applicants respectfully suggest award of the frequency allocation for an initial period of two years.
Counsel: Continental and Crowell Moring, Bruce Keiner and Northwest, Megan Rae Poldy
Continental Airlines, Inc.
OST-96-1213 | February 10, 1998
Continental now plans to institute Newark and Houston-Tokyo service in November and December 1998 with B-777 aircraft configured with 50 BusinessFirst seats and 230 coach seats.
Exhibit 1: Proposed Japan Schedule
Counsel: Continental and Crowell Moring, Bruce Keiner
OST-98-3418 | February 10, 1998
Continental therefore applies for a pendente lite exemption from 49 U.S.C. § 41101 and an allocation of 14 frequencies to operate daily Houston-Tokyo and Newark-Tokyo service pending the Department's decision on Continental's Certificate Applications for such authority. Continental states as follows in support of its application. Continental plans to institute daily B-777 service between Newark and Tokyo and between Houston and Tokyo in November and December 1998.
Counsel: Continental and Crowell Moring, Bruce Keiner
OST-98-3419 | OST-96-1213 | OST-96-1199 | February 10, 1998
Continental and Continental Micronesia Jointly move the Department to consolidate Continental's application for Houston/Newark-Tokyo and Newark-Osaka authority (Docket OST-96-1213) and Continental Micronesia's application for additional Honolulu-Tokyo frequencies (Docket OST-96-1199) into the 1998 U.S.-Japan Combination Service Proceeding (Docket OST-98-3419) so they can be considered along with Continental Micronesia's application for Honolulu-Osaka certificate authority and the Joint Continental/Northwest application for authority to code-share on U.S.-Japan-beyond flights
Counsel: Continental and Crowell Moring, Bruce Keiner and Norhtwest, Megan Rae Poldy
OST-98-3419 | February 10, 1998
Application
of Continental Micronesia for a Certificate of Public Convenience and
Necessty
Proposes to operate daily roundtrip service between Honolulu and Osaka with DC-10-30 aircraft configured with 18 Business First seats and 269 coach seats beginning in February 2000.
Exhibit 1: Proposed Japan Schedule
OST-96-1199 | February 10, 1998
Supplement
Number 1 of Application of Continental Micronesia
Continental Micronesia now plans to institute a second daily Honolulu-Tokyo service in February 2000 with DC-10 aircraft configured with 18 BusinessFirst seats and 269 coach seats.
Exhibit 1: Proposed Japan Schedule
Counsel: Crowell Moring, Bruce Keiner, 202-624-2500
Delta Air Lines, Inc.
OST-98-3418 | February 10, 1998
Delta plans to operate its new Atlanta-Tokyo service using McDonnell Douglas MD-11 aircraft configured with 18 first class, 40 business and 200 coach seats, for a total of 258 seats
Delta has been operating Los Angeles-Tokyo service since 1991, subject to a restriction which limits the number of frequencies Delta can operate between Los Angeles and Tokyo to only six weekly flights. Delta is the only U.S. carrier on that route that has been prevented from operating daily service. Delta's inability to operate daily service in this important city-pair has placed Delta at a significant competitive disadvantage against the entrenched incumbents on that route. This competitive disadvantage will be exacerbated under the new U.S.-Japan Agreement, which eliminates all restrictions on incumbent U.S. and Japan carriers giving them the flexibility to substantially increase service between Los Angeles and Tokyo. Delta needs the ability to operate daily nonstop service on this route to prevent an erosion of its competitive position in the wake of the new agreement.
OST-98-3419 | OST-97-2913 | February 10, 1998
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
OST-98-3419 | February 10, 1998
Application
of Hawaiian Airlines
Hawaiian seeks certificate authority authorizing it to provide nonstop, scheduled foreign air transportation of persons, property and mail between Maui, Hawaii, Kahalui Airport and Tokyo, Japan, Narita Airport. Hawaiian requests seven (7) frequencies per week for each service. Proposes to operate the service with DC-10-30 aircraft configured to seat 304 passengers, 34 first-class and 270 coach seats.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
OST-96-1121 | OST-98-3419
Motion to
Consolidate and Application of Trans World Airlines
TWA requests that it receive the designation that is immediately available under the Memorandum of Consultations and a frequency allocation of seven weekly frequencies. TWA proposes to inaugurate nonstop St Louis-Tokyo service on June 1, 1999 with B-767-200ER aircraft, having a seating configuration of 25 first class and 152 coach seats.
Counsel: TWA and Richard Fahy, 202-457-4764
OST-98-3419 | February 10, 1998
Application
of US Airways for a Certificate of Public Convenience and Necessity
US Airways -- a new entrant in the U.S.-Japan market respectfully applies for a certificate of public convenience and necessity to operate Philadelphia-Tokyo (Narita), Pittsburgh-Tokyo (Narita), Charlotte-Tokyo (Narita) and Philadelphia-Osaka, Japan. The requested authority wilt be used to provide US Airways with the flexibility to code-share with American Airlines on Charlotte-Dallas/Ft. Worth-Tokyo (Narita) and Philadelphia-Dallas/Ft. Worth-Osaka; and with United Airlines on Charlotte-Los Angeles-Tokyo (Narita) and Pittsburgh-San Francisco-Tokyo (Narita). US Airways has reached agreement with American and United to offer code-sharing on these routes. United and American will operate the international segments, respectively. It is also US Airways' planning objective and goal directly to operate daily, year-round, nonstop scheduled Philadelphia-Tokyo (Narita) service commencing on or before January 1, 2000.
Counsel: US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300
OST-98-3418 | OST-98-3419 | Served February 10, 1998
We have decided to deny Hawaiian's motions We fully discussed in our Notice the need for expedition with respect to the newly available U. S. -Japan authorities. Specifically, we noted that given that the new route opportunities became available upon the signing of the MOC, and the fact that "incumbent" U.S. and Japanese carriers could expand their U.S.Japan services immediately, expedited procedures were necessary to award the new rights promptly and to facilitate operations by other U.S. carriers as quickly as possible. Also, information about the potential availability of these new route opportunities was available during the negotiation process to all U. S. carriers and/or their representatives. Hawaiian has presented no arguments that convince us the overall public interest warrants delay in these dates.
By: Charles Hunnicutt
OST-98-3418 | OST-98-3419 | February 10, 1998
Answer of Delta
Air Lines to Petition for Reconsideration
Hawaiian's Petition raises no issues that have not been thoroughly considered by the Department in the Notice denying Hawaiian's Motion. Contrary to Hawaiian's position, national transportation policy compels the expedited consideration of applications by non-incumbent carriers to utilize the new U.S.-Japan bilateral opportunities involving proposals to begin service this calendar year. As the Department correctly observed, the new route opportunities are available immediately and incumbent U.S. and Japanese carriers can expand their U.S.-Japan services without delay.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Hawaiian
Airlines Petition for Reconsideration to the Secretary of Transportation
Hawaiian Airlines, Inc. herewith files this Petition for Reconsideration for the Secretary to review the denial of Hawaiian's request for a 20 day stay of procedural dates in the captioned dockets]/. Hawaiian's original request included alternative relief, that if the whole proceeding were not stayed, the selection of the carrier for the year 2000 be stayed.Hawaiian believes this Petition raises serious issues of national transportation policy indeed basic fairness to all carriers.
The issue presented is whether as a matter of policy smaller carriers are going to be given a reasonable opportunity to apply for and realistically compete with larger carriers when valuable and scarce bilateral rights become available. The problem is particularly acute in the present Japan Combination Service proceeding where many, if not most, of the carrier's seeking authority are already in the Japan market.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
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