OST Docket Filings for March 27, 1998
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OST Docket Filings for March 27, 1998
African Intl | Air Europa | Biman Bangladesh | Continental, Continental Express and VASP
Answers and Replies:
Air St. Martin | American and LAN Chile | British Airways | Pro Air | United | United and Northwest | US-Japan
Notices of Action Tak en:
Aeromexico | Atlant-Soyuz | Gulf Air (2)
Form 41 Confidentiality:
Delta | Federal Express | United
Notices and Orders:
Aerovias de Mexico, S.A. de C.V. (Notice of Action Taken)
Undocketed | Filed February 10, 1998 | Action Taken March 27, 1998
We determined that in light of our open-skies relationship with Austria and our overall positive aviation relationship with Mexico, it would be consistent with the public interest to grant the Aeromexico-Austrian request. We also note that on February 25, 1998, we granted an analogous, albeit unopposed, request by Aeromexico to carry Swissair's code in the Cancun-Atlanta market, for Swissair's scheduled services to and from Switzerland, for a period of 179 days, which is through August 23, 1998. We note, however, that while we are actively pursuing a liberal code-sharing arrangement with Mexico that would include code-share opportunities for carriers of both countries with third-country airlines, to date we have not reached a satisfactory accord with Mexico on this issue. Against this background, we have decided to limit the duration of our award here to August 23. 1998.
Furthermore, we put Aeromexico and its code-share partners on notice that, should we not be able to reach an acceptable code-share arrangement with Mexican authorities by the expiration date of these authorities, they should not anticipate extension of their extant code-share authorizations for U.S. operations with thirdcountry carriers.
Applicant Rep: William Evans
African International Airways (Proprietary) Limited (Exemption Renewal, Swaziland-US)
OST-96-1072 | March 27, 1998
Application for Renewal of Exemption
AIA anticipates that it will have opportunities for cargo service to the United States necessitating renewal of its exemption. To the extent necessary to obtain FAA concurrence in the renewal of its exemption, AIA will accept continuation of the restriction on its exemption authority that its U.S. Operations be conducted via wet lease from a U.S. carrier or foreign carrier acceptable to the United States.
Counsel: Roller & Bauer, Moffett Roller, 202-962-9440
Air Espana, S.A. trading as Air Europa, now Air Europa Lineas Aereas, S.A. (Emergency Exemption, Madrid-New York; Tenerife-Boston/New York)
OST-95-794 | March 27, 1998
Application for Renewal and Amendment of Exemption
Air Europa will continue operating at least three round trips per week between Madrid and New York, hence this application. Air Europa will use widebody B-767-200ER equipment to provide this service, as is presently the case. Air Europa requests continued inclusion of Santiago de Compostela in its exemption authority, since the carrier may elect to resume the service pattern it operated two summers ago. Additionally, during the Winter 1997-98 season, Air Europa has operated a weekly Boston/New York-Tenerife charter program which it plans to operate on a scheduled basis, with possible inclusion of Las Palmas service, during Winter 1998-99. Air Europa therefore requests amendment of its authority to include Boston, Tenerife, and Las Palmas. Air Europa also plans tentatively to introduce New York-Málaga scheduled service next winter, and therefore requests inclusion of Málaga authority as well.
Answers are due by April 13, 1998
Counsel: Boros Garofalo, Aaron Goerlich, 202-822-9070
American Airlines, Inc. and LAN Chile - (for approval of and antitrust immunity for alliance agreement )
OST-97-3285 | March 27, 1998
Motion of American Airlines to Strike Reply of
Aerovias de Mexico
Aeromexico's document is not a legitimate reply at all, but is instead a late-filed objection to the American/Lan Chile application, and displays an extraordinary contempt for the orderly conduct of proceedings before the Department, and for the Department's procedural orders. Aeromexico did not have the courtesy to serve American by hand. Its pleading arrived by mail on the afternoon of March 26, 1998.
Counsel: Carl Nelson, Jr., 202.496.5647
Atlant-Soyuz Airlines - (Notice of Action Taken)
OST-98-3582 | Filed March 4, 1998 | Action Taken March 25, 1998
Exemption from 49 U.S.C. § 41301 to conduct charter foreign air transportation of persons, property and mail between the Russian Federation and the United States; and other charters subject to Part 212 of the Department's rules.
Applicant representative: Glenn P. Wicks, 202.637.5683
Biman Bangaldesh Airlines (Foreign Air Carrier Permit)
OST-95-518 | March 27, 1998
Supplement to Application for Foreign Air Carrier Permit and
Request for Use of Expedited Procedures
Biman herewith submits certain new financial information to update the information contained in its December 23, 1992 Application for an Exemption and Application for a Foreign Air Carrier Permit and accompanying exhibits; in its May 20, 1994 Application for an Extension of Its Existing Exemption Authority and accompanying exhibits; in its August 28, 1995 Application for an Extension of Its Existing Exemption Authority and accompanying exhibits; and in its October 16, 1997 Application for an Extension of Its Existing Exemption Authority, and accompanying exhibits.
Counsel: Johnson Rogers, Robert Johnson, 202-337-6817
British Airways Plc (London-Denver)
OST-98-3595 | March 27, 1998
Motion of The City and County of Denver for
Leave to File an Otherwise Unauthorized Document
The attached letters from Members of the Colorado Congressional delegation and from the Colorado business community provide important information concerning the strong public interest in Denver/London service and will enable the Department to make a more informed decision without prejudicing any of the parties to this proceeding.
Letters in Support from Colorado Congressional Delgation and Denver Civic Parties
Counsel: Denver and Reid Priest, Stephan Minikes, 202-508-4000
Continental Airlines, Inc. - (US-Brazil Codesharing) / Viacao Aerea Sao Paolo, S.A. / Continental Airlines, Inc., Continental Express, Inc., and Viacao Aerea Sao Paolo, S.A. - (Exemptions for Codesharing)
OST-98-3675 | Undocketed | March 27, 1998
Joint Application for Exemptions and Statements of
Authorization
(1) Continental and Continental Express seek to display the VASP designator code on Continental flights between Newark and Sao Paulo and Rio de Janeiro and on Continental and Continental Express flights: (a) between Newark and Baltimore, Boston. Chicago, Cincinnati, Cleveland, Columbus (OH), Denver. Detroit, Indianapolis. Los Angeles, Philadelphia, Pittsburgh, Portland, (OR), Seattle, Washington (DCA) and Toronto, Canada; (b) between Miami and Cleveland, Houston and Newark; and (c) between Los Angeles and Honolulu and San Francisco;
(2) a statement of authorization permitting VASP to display the Continental designator code on VASP flights: (a) between Sao Paulo and Belo Horizonte, Brasilia, Campo Grande, Curitiba, Florianapolis, Goiania, Iguassu Falls, Porto Alegre and Rio de Janeiro; (b) between Rio de Janeiro and Belo Horizonte, Brasilia, Campinas, Curitiba, Recife, Salvador and Vitoria; (c) between Miami and Fortaleza, Recife, Salvador and Sao Paulo; and (d) between Los Angeles and Sao Paulo;
(3) an exemption permitting Continental to engage in scheduled foreign air transportation on a codeshare basis with VASP: (a) between Newark and Belo Horizonte, Brasilia, Campo Grande, Curitiba, Florianapolis, Goiania, Iguassu Falls and Porto Alegre, via Sao Paulo; (b) between Newark and Belo Horizonte, Brasilia, Campinas, Curitiba, Recife, Salvador and Vitoria via Rio de Janeiro; (c) between Miami and Fortaleza, Recife, Salvador and Sao Paulo; and (d) between Los Angeles and Sao Paulo; and (4) an exemption from 49 U.S.C. § 41301 permitting VASP to engage in scheduled foreign air transportation: (a) between Brazil and Baltimore, Boston, Chicago, Cincinnati, Cleveland. Columbus (OH), Denver, Detroit, Indianapolis, Los Angeles, Philadelphia, Pittsburgh, Portland (OR), Seattle and Washington (DCA) via Newark; (b) between Brazil and Cleveland, Houston and Newark via Miami; and (c) between Brazil and Honolulu and San Francisco via Los Angeles under a codesharing agreement with Continental. The Joint Applicants propose to implement their code-sharing arrangement June 1, 1998 and ask the Department to grant the requested authority for a two-year period.
Alliance Agreement (Redacted Version)
Answers are due by April 13, 1998.
Counsel: Squire Sanders, Robert Papkin for VASP, 202.626.6600 ; Crowell Moring, R. Keiner, Jr. for Continental and ConEx, 202.624.2500
Delta Air Lines, Inc. (Form 41, Schedule B-7)
OST-95-651 | March 27, 1998
Motion for Confidential Treatment
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Federal Express Corporation (Form 41, Schedule B-7)
OST-97-2494 | March 27, 1998
Motion for Confidential Treatment
Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078
Gulf Air Company, G.S.C. (Notices of Action Taken)
OST-95-309 | Filed March 4, 1998 | Action Taken March 27, 1998
Scheduled foreign air transportation of persons, property and mail between New York/Houston and Abu Dhabi/ Bahrain/Oman/Qatar, via the intermediate points Cyprus and Geneva; and charters.
OST-96-1055 | Filed March 4, 1998 | Action Taken March 27, 1998
display the airline designator code of American Airlines, Inc., on flights operated by Gulf Air between London and Abu Dhabi /Bahrain/Oman/Qatar, pursuant to a code-share arrangement between the two carriers.
Applicant Rep: Moffett Roller, 202-962-9429
Pro Air, Inc. (High Density Rule, New York LaGuardia)
OST-98-3583 | March 18, 1998
Answer of Macomb County Board of Commission in
Opposition
Official Resolution of the Board of Commisioners, February 1991
By: Macomb County
Societe Caribeenne de Transport Aerien d/b/a Air St. Martin (French West Indies-US Charters)
OST-96-2014 | March 27, 1998
Answer of Continental Micronesia
France's refusal to consider Continental Micronesia's application until there is a new bilateral is tantamount to denying it. Although Air St. Martin alleges that its application would "promote the flow of business into and through Puerto Rico" and expand tourism in French territories, Continental Micronesia's Guam-Noumea services would "promote the flow of business into and through Guam" and expand tourism in French territories. In light of France's refusal even to consider Continental Micronesia's Guam-Noumea application, Continental Micronesia urges the Department to deny Air St. Martin's application, or, at the very most, to renew Air St. Martin's authority for only 30 days or until France grants Continental Micronesia's application for Guam-Noumea authority, whichever is earlier.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2500
Posted and Served March 27, 1998
Notice of Registration of Trade Name
Part 215 of the Department's regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register a trade name after the carrier gives notification to similarly named carriers of the proposed use of the trade name. In this case, however, all of the similarly named carriers conduct business pursuant to operating code share agreements with Delta and United and, hence, no notification was required.
By: John Coleman
United Air Lines, Inc. - (US-Japan)
OST-98-3624 | March 27, 1998
Delta has offered no basis for limiting United's U.S.-Japan exemption authority except by reference to a policy that has already been abandoned. In these circumstances, the Department should immediately grant United the full exemption authority it has requested. The concerns of Delta with respect to the scope of exemption authority have already been fully addressed in the FedEx notice.
Counsel: Ginsburg Feldman, Joel Burton, 202.637.9130
United Air Lines, Inc. (Form 41, Schedule B-7)
OST-95-675 | March 27, 1998
Motion to Withhold Information from Public Disclosure
Counsel: United and and Ginsburg Feldman, Joel Burton, 202-637-9130
United Air Lines, Inc. - (US-Japan) / Northwest Airlines, Inc. - (US-Japan)
OST-98-3624 | OST-98-3653 | March 27, 1998
Awarding blanket exemption authority to Northwest and United is fully consistent with the Department's policy with respect to the new U.S.-Japan MOU, and will serve the public interest by facilitating earlier start-up of these valuable new services and reducing the Department's (and the carriers') administrative burden while the carriers' certificate applications are being processed. The Department should not permit Delta's unfounded objection to hinder the ability of Northwest and United to promptly begin advertising and selling new U.S.-Japan services. Northwest urges the Department to orally grant blanket U.S.-Japan exemptions to both Northwest and United today, and confirm that action with a written Notice of Action Taken as soon as practicable.
Counsel: Megan Poldy, 202.842.3193
1998 US-Japan Combination Service Proceeding
OST-98-3419 | March 20, 1998
Re: Order 98-3-15 - Reply of the Sierra Club, Mary
Evanson, Maui Air Traffic Association, Steven Pitt, James Bendon, the National Audubon
Society, Hut Alanui o Makena, Dana Naone Hall and Maui Malama Pono, Inc.
You may be familiar with the impacts of the brown tree snake on Guam. This problem could easily be transported to Maui through international flights. No adequate mitigation measures have been funded or included within the Kahului Airport Improvement Project which could diminish to acceptable levels the resulting adverse impacts.
Counsel: Isaac Hall, 808.244.6775
Order 98-3-30 | OST-97-3326 R1-R55 | Issued March 27, 1998 | Served April 2, 1998
The agreement is comprised of resolutions for travel within Area 3 to and from U.S. points, grouped into seven categories--Areawide, within South East Asia, within South West Pacific, between South East Asia and South Asian Subcontinent, Between South East Asia and South Seas, Pacific, Japan/Korea and South East Asia, and Japan/ Korea and South West Pacific.
Attachent - Resos with Direct Application in Foreign Air Transportation
By: Charles Hunnicutt
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