OST Docket Filings for February 12, 1998
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OST Docket Filings for February 12, 1998
ANA | Asia Pacific | EAS at Laramie, WY | Nippon Cargo Airlines | Northern Airlines | United and Lufthansa | UPS (2)
Answers and Replies:
American (Policy Statement) | American and Lan Chile | US-Japan Combination Proceeding (3)
US-Japan Interim Frequency Allocation Proceeding
Notices of Action Taken:
None
Notices and Orders:
American and Lan Chile | Tri Star Airlines | Various Foreign Air Carriers
OST-98-3464 | February 12, 1998
Re: Application for Amendment of Its Foreign Air Carrier Permit
On February 10, 1998, All Nippon Airways Co., Ltd. filed an Application for an Amendment of its Foreign Air Carrier Permit in the above-referenced Docket. Enclosed is a copy of page two of that Application, with technical corrections, for inclusion in the Docket.
Counsel: Zuckert Scoutt, James Devall, 202.298.8660
American Airlines, Inc. (Petition for a Policy Statement to Establish Indefinite Duration of Certain Authorities)
OST-98-3375 | February 12, 1998
Response of United Airlines and Motion for
Leave to File
United Air Lines, Inc. supports issuance of a notice of proposed rulemaking to implement the policy statement suggested by American modified to include certain of the provisos recommended by Northwest and endorsed by American.
United and Ginsburg Feldman, Joel Burton, 202-637-9130
Ameircan Airlines, Inc. and Linea Aerea Nacional Chile, S.A. (Antitrust Immunity)
OST-97-3285 | Posted and Served February 12, 1998
Joint Applicants must file certain sections of: AAadvantage Participating Carrier Agreement; LanPass Participating Agreement; Codeshare Agreement dated 9/5/97; and Special Prorate Agreement
By: Charles Hunnicutt
American Airlines, Inc. and Linea Aerea Nacional Chile, S.A., in response to the Department's Notice of February 12, 1998 in the captioned docket, hereby submit three copies of additional confidential materials in sealed envelopes. This submission complies in full with the Department's Notice. American and Lan Chile request that these materials be withheld from public disclosure under 14 CFR 302.39 for the reasons stated in their joint motion of December 23, 1997, which is incorporated herein by reference.
Counsel: American, Carl Nelson, 202-496-5647 / Zuckert Scoutt, Charles Simpson, 202-298-8660 for Lan Chile
Asia Pacific Airlines, Inc. (Certificate of Public Convenience, Foreign Charter Cargo)
OST-98-3479 | February 12, 1998
Application for a Certificate of Public Convenience and
Necessity
Asia Pacific plans to supplement its operations for the Tan companies by providing charter air transportation service to the general public, primarily in the region of Guam, Saipan and the Federal States of Micronesia. The carrier seeks a Part 121 certificate from the Federal Aviation Administration and economic authority from the Department to enable it hold out these services, which would primarily take advantage of surplus capacity on flights conducted for the Tan companies.
Cross-Reference Index to Exhibits from Previous Filing and Certification
Answers are due by March 12, 1998
Counsel: Baker Hostetler, Joanne Young, 202-861-1532
Essential Air Service at Laramie, Wyoming
OST-97-2958 | February 9, 1998
Proposal of Heartland Aviation, Inc. to
Provide Essential Air Service at Laramie, Wyoming
Heartland Aviation. Inc. proposes to provide essential air service to Laramie, Wyoming, and Scottsbluff and North Platte, Nebraska.
By: Douglas Gumula, VP Business Development, 215.643.3095
Nippon Cargo Airlines Co., Ltd.
OST-98-3475 | February 12, 1998
Application for Amendment of Its Foreign Air Carrier Permit
Nippon Cargo Airways Ltd.,("NCA"), hereby applies for an amendment to its foreign air carrier permit to engage in theforeign air transportation described herein. NCA requests that this application be processedunder the simplified nonhearing procedures specified in Subpart Q of Part 302 of theDepartment's Regulations.
Exhibit 1:
Exhibit 2: Corporate Profile
Answers are due by March 12, 1998
Counsel: Zuckert Scoutt, James Devall, 202.298.8660
Northern Airlines Corporation (Certificate of Public Convenience, Interstate Scheduled)
OST-97-3075 | February 12, 1998
Motion for Confidential Treatment
Files this Motion for Confidential Treatment of the commitment letter for the On Bank & Trust Co. $2 million revolving line of credit.
Counsel: Winthrop Stimson, John Gillick, 202-775-9870
Tri Star Airlines, Inc. (Revocation of Interstate Certificate)
Order 98-2-9 | OST-95-293 | Issued February 9, 1998 | Served February 13, 1998
While Tri Star's legal counsel inquired as to what was the last date the carrier could file its notice to resume operations and indicated that it might do so, to date, no such notice has been received, nor has Tri Star requested an exemption from the revocation for dormancy provisions of our rules.
By: John Coleman
United Air Lines, Inc. and Lufthansa German Airlines (Germany-Sarajevo and Zagreb)
OST-98-3476 | February 12, 1998
United is planning to offer code-share service with Lufthansa on the latter's flights between points in Germany and both Sarajevo and Zagreb. Lufthansa presently operates services from both Frankfurt and Munich to Zagreb and will be starting Munich-Sarajevo service on March 29, 1998. These flights will connect with United/Lufthansa flights to Frankfurt and Munich from the U.S. The code share will enable United to hold out services between the U.S. and Sarajevo and Zagreb, the major cities and capitals of Bosnia and Croatia, respectively.
Counsel: Wilmer Cutler, James Campbell, 202-663-6336 for Lufthansa / United and Ginsburg Feldman, Joel Burton, 202-637-9130
United Parcel Service Co. (US-Japan)
OST-98-3477 | February 12, 1998
Application for a Certificate of Public Convenience and
Necessity
UPS currently operates six scheduled all-cargo flights weekly between the United States and Tokyo and six scheduled weekly flights between the United States and Osaka and beyond to Taiwan. These flights are operated with B-747 freighter aircraft. UPS will, as a result of the new 1998 MOU, be making changes to its service pattern and increase its service to and beyond Japan. UPS soon will be requesting the Department to provide the Japanese Government the required 60 days notice of the points selected.
Answers are due by March 12, 1998
OST-98-3477 | February 12, 1998
United Parcel Service Co. ("UPS") hereby applies, pursuant to 49 U.S.C. section 40109 and Part 302.400 of the Department of Transportation's (the "DOT" or "the Department") Procedural Regulations for an exemption from 49 U.S.C. 41102 to authorize UPS to provide scheduled all-cargo (property and mail) air transportation between a point or points in the United States and two points in Japan, and beyond each of those points to two points with full traffic rights between all points on the route.
Answers are due by February 27, 1998
Counsel: UPS and Kelley Drye, David Vaughan
1998 US-Japan Combination Service Proceeding
OST-98-3419 | Feburary 12, 1998
Motion of American Airlines to Strike Amended
Application of Trans World Airlines (Same-Country Codesharing with Delta Air Lines,
Inc.)
American relied on the deadline the Department established (and reiterated in denying Hawaiian's motion), and was under intense pressure to finalize its application and conclude its negotiations with US Airways with respect to the same-country codeshare services American and US Airways have proposed. It would be fundamentally unfair to allow TWA and Delta to flout the established deadline, and to submit a codeshare proposal only after they had an opportunity to review all of the applications that were timely filed. Indeed, on February 10, 1998, at the very moment that Delta was apparently in negotiations with TWA to submit a late application, Delta itself answered in opposition to Hawaiian's petition for reconsideration of the Department's stay denial.
Counsel: Carl Nelson, Jr., 202.496.5647
Motion of Hawaiian Airlines to Strike Amended
Application of Trans World Airlines
The TWA application is in direct contravention of the Assistant Secretary's Order and, subject to a favorable ruling on Hawaiian's Petition for Reconsideration, TWA's amended application must be stricken. The granting of the relief requested by TWA would be manifestly arbitrary and unfair to all other applicants. If TWA is allowed to amend its application in this manner, Hawaiian will continue to negotiate code-share agreements with other potential participants and file its application when those negotiations are completed. At that time Hawaiian would expect its application to be accepted by the Department.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000
Motion of Trans World Airlines, Inc. to
Dismiss Application of US Airways
TWA hereby moves that the Department dismiss the Application, dated February 10, 1998, by US Airways for Philadelphia - Tokyo service and for authority to code share with American and United on Dallas/Ft. Worth - Tokyo, Dallas/Ft. Worth - Osaka, Los Angeles - Tokyo, and San Francisco - Tokyo routes. US Airways has blatantly disregarded the instructions of the Department in its Notice, dated February 3, 1998 with respect to the supporting information that must be included with applications for Japan authority. Since these requirements were not procedural niceties, but important substantive information needed by the Department to assess the merits of each proposal, US Airways' application should be dismissed.
Counsel: Richard Fahy, Jr., 202.457.4764
1998 US-Japan Interim Frequency Allocation Proceeding
OST-98-3418 | February 12, 1998
Consolidated Answer of The City of Chicago in
Support of the Motions of American Airlines
Continental has chosen a strategy of delay and non-compliance, no doubt hoping to throw sand in the gears of others in light of (i) an inability to obtain suitable aircraft, and (ii) its new partnership with Northwest Airlines, Inc. ("Northwest"), which operates 145 weekly flights between the United States and Japan and has 316 slots at Narita. Apparently, Continental will not receive its B-777s until the end of the year. Other MOU carriers' service plans should not be delayed, however, for Continental's lack of planning. Nor should service be delayed to protect Northwest, which will soon be facing formidable competition on its Chicago-Tokyo route, as well as to its Detroit-Tokyo and Minneapolis-Tokyo routes. Continental alone opposed American's efforts to begirt promotion and sales of American's Chicago-Tokyo route, rather than seek the same flexibility that both American and Delta are seeking to launch successfully their new pendente lite service to Tokyo. Instead of complying with the Department's mandate to prioritize routes and identify seven frequencies to Tokyo, Continental told the Department that it "requires" and "must" have "immediate authority" for fourteen frequencies for Newark/HoustonTokyo service that would not even begin until November and December 1998.
Counsel: Chicago and Winthrop Stimson, Kenneth Quinn, 202-775-9898
Order 98-2-10 | Issued February 10, 1998 | Served February 17, 1998
By: Charles Hunnicutt
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