OST Docket Filings for March 5, 1998

OST Docket Filings for March 5, 1998

Applications and Renewals:

JHM Cargo Expresso (2) | Nova | Sky King (2) | WestJet | IATA

Answers and Replies:

Kenya Airways and Northwest (2) | Korean | Mesa | Northwest / Federal Express | 1998 US-Japan Combination (2)

Notices of Action Taken:

None

Notices and Orders:

None

JHM Cargo Expresso, S.A. - (Costa Rica-Miami/LA)

OST-97-3216 | March 5, 1998

Supplement to Application for Temporary Exemption

OST-97-3217 | March 5, 1998

Supplement to Application for Foreign Air Carrier Permit

Certificates | Authorization

Counsel: Fort Schlefer, William Buckhold, 202.467.5900

Index

Korean Air Lines Co., Ltd. (Korea-Saipan)

OST-95-911 | March 5, 1998

Answer of World Airways

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As the Department well knows, the Government of Korea is not and, for almost two years, has not been in compliance with its procedural and substantive obligations under the U.S.-Korea Air Transport Agreement. For that extended period, the Government of Korea has barred World from exercising its indisputable right to provide service in the Korean markets it is designated and licensed to serve. Despite the efforts of the U.S. Government and World, the Government of Korea continues to ignore its bilateral obligations to the U.S. Government and World and, to World's knowledge, has even refused to engage in any discussions which could help resolve this controversy in a fair and equitable manner. In these circumstances, KAL cannot hope to satisfy the relevant "public interest" statutory standard. Accordingly, there can be no basis for continuing approval of KAL's operations in this important and valuable U.S. market.

Counsel: World and Seeger Potter, John Richardson, 202-496-1234

Index

Mesa Air Group, Inc. d/b/a United Express - (Suspend Service Hayden-Steamboat Springs, CO)

OST-98-3501 | March 4, 1998

Objection and Comment of Routt County, CO to 90-day Notice for Suspension of Air Service

Service List

Counsel: John Merrill, 970.870.5317

Index

Kenya Airways Limited and Northwest Airlines, Inc. (US-Amsterdam-Nairobi-Beyond)

OST-98-3515 | Undocketed | March 5, 1998

Answer of Delta Air Lines

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By letter dated September 22, 1997, Delta requested permission from the Kenya civil aviation authorities to implement third-county code-share service to Nairobi, in conjunction with Delta's alliance partner, Sabena. When authorization was not forthcoming, Delta's representatives met in person with the Kenyan authorities in October, 1997, and on several occasions thereafter. While Delta has been told that Kenya was considering the request, nearly six months later Delta still does not have permission to operate to Kenya. Accordingly, in light of this clear failure of reciprocity, the Department should refrain from granting the Joint Application until Delta's request to serve Kenya is honored.

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-63-8060

Answer of United Air Lines

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United urges the Department to grant Kenya Airways and Northwest the authority they seek with respect to the specific services on which they propose to code share immediately. The government of Kenya has approved code sharing by United and Lufthansa German Airlines ("Lufthansa") on services operated by Lufthansa between Germany and Kenya. In these circumstances, approval of the Kenya Airways/Northwest services in markets where immediate implementation is proposed (Amsterdam-U.S. and Amsterdam-Nairobi-Lilongwe) are supported under principles of comity and reciprocity. To the extent that these carriers seek blanket authority at this time to support future expansion into other markets, approval would be inconsistent with Department policy, and those portions of their joint application should be deferred or dismissed without prejudice.

The precise scope of the code-share services that are proposed to be implemented immediately by Kenya Airways and Northwest is not entirely clear from the text of their application. While this might be clarified by a review of their cooperation agreement, that document has not, so far as United is aware, been filed with the Department.

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

Index

Northwest Airlines, Inc. / Federal Express Corporation (US-Japan)

OST-98-3441 | OST-98-3435 | March 5, 1998

Consolidated Answer of United Air Lines

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If the Department is prepared to grant specific new route authority involving services to unnamed points in all third countries in conjunction with service to Japan, as implicitly requested by both Fed Ex and Northwest for all-cargo services, then United seeks the same flexibility. If, on the other hand, the Department will only authorize services to named intermediate, beyond and behind points to be served in conjunction with U.S.-Japan service, then the applications of Fed Ex and Northwest for all-cargo authority may be deemed overly broad. In that case, United urges that the broad-based right to serve Japan in conjunction with third countries intermediate to or beyond Japan or behind the U.S. be accomplished through route integration such as United has requested.

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

Index

Nova Airlines AB

OST-98-3509 | March 5, 1998

Supplement No. 2 to Application for Exemption

Exhibit - OST Form 4523 (Agreement)

Counsel: Zuckert Scoutt, Malcolm Benge, 202.298.8660

Index

Sky King, Inc.

OST-97-3113 | March 4, 1998

Re: Second Amendment

OST-97-3017 | March 4, 1998

Second Amendment | Resume of John Canavan

By: Gregg Lukenbill, Pres.

Index

1998 U.S.-Japan Combination Service Proceeding

OST-98-3419 | March 5, 1998

Answer of The St. Louis Parties to Motion of Northwest Airlines

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The Northwest-Continental code sharing proposal raises issues relating to the overall partnership proposal of these carriers which should not be resolved arbitrarily by granting the instant motion.

Counsel: St. Louis and Steptoe Johnson, Richard Taylor, 202-429-6459

Answer of Trans World Airlines to Motions for Immediate Action

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In contrast, an award to TWA/Delta will enhance competition. It will strengthen the operation of a MOU carrier by supporting its new service to secondary Japanese points, and will allow TWA, a new entrant, to provide a comprehensive service pattern to Japan. There can be no doubt that the TWA/Delta proposal is superior to Continental/Northwest, and that TWA should be awarded the available U.S.-Japan same-country code share frequencies.

Attachment: "Northwest, Continental Sign 'Pre-Nuptial' Agreement", Knight-Ridder Tribune, 2/15/98

Counsel: TWA and Richard Fahy, 202-457-4764, rfahy@ibm.net

Index

WestJet Express Airlines, Inc.

OST-97-3270 | March 5, 1989

Additional Information "Bylaws" as Requested by the Administrator | Bylaws of WestJet Airlines, Inc.

By: Mitchell Allee, 209.455.5715

Index

Agreements Adopted by the Traffic Conferences of the International Air Transport Association

OST-98-3587 | March 5, 1998

Application for Approval of Agreement

PTC3 Telex Mail Vote 914 TC3 Special Passenger Ameding Reso