OST Docket Filings

OST Docket Filings for May 8, 1997 - Evening Edition

Applications, Comments, and Responses

Notices of Action Taken

Mexicana and Aeroperu | Polar

Notices and Orders

Air-India | American and The TACA Group

Air-India Limited

Order 97-5-2 | OST-97-2296 | Issued May 5, 1997 | Served May 9, 1997

Order Removing Requirement to File Schedules

On April 30, 1997, we received official notification from the Embassy of India in Washington, D.C. that the Government of India had agreed to give United and Northwest the necessary operating authorizations to operate their respective code share services to India with Lufthansa and ELM. United and Northwest have confimned to us that they have received the desired authorizations.

We have decided to vacate Order 97-4-3 and thereby to remove the Phase 1 schedule-filing requirement we imposed on Air-India. In view of the Government of India's approval of the aforementioned third-country code-share services of United and Northwest, we conclude that the schedule-filing requirement is no longer needed.

By: Charles Hunnicutt

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American Airlines, Inc., et al, and The TACA Group Reciprocal Code-Share Services Proceeding

Order 97-5-4 | OST-96-1700 | Issued May 7, 1997 | Served May 8, 1997

Scheduling Notice and Determination on Motion for Confidential Treatment under 14 CFR 302.39

We grant the Joint Applicants' request for confidential treatment for certain documents and information, limiting access to these data in certain respects. We will require that the Joint Applicants file specific data in the docket, as more fully described below. Finally, we will establish a procedural schedule for the submission of answers and replies.

By: Charles Hunnicutt

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Arrow Air, Inc. (Allocation of US-Ecuador Scheduled All-Cargo Frequency)

OST-97-2492 | May 8, 1997

Application for Additional Frequency and Motion to Consolidate

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As clearly is demonstrated by the number of applications seeking Millon's frequency allocation, the demand for all-cargo lift in the U.S.-Ecuador market has increased considerably in recent months. Unlike Challenge who, in addition to holding seven frequencies, is able to operate extra sections, Arrow is not allowed by Ecuador to operate extra sections. This causes serious problems for Arrow and its shippers because demand considerably exceeds the capacity of three weekly frequencies.

Arrow could easily use all three of Millon's frequencies if the Department decides to reallocate them on a temporary or permanent basis. It believes, however, that a more equitable decision would be to allocate one frequency to each of the current incumbent carriers, Arrow and Fine, and one to the former incumbent, FWIA, which together currently hold fewer frequencies (5) that Challenge (7). Arrow believes that because of this disparity each of the other incumbents should receive additional frequencies before either Challenge or new entrants. Arrow also urges the Department to make these reallocations permanent if Millon does not recommence operations July 1, 1997.

Service List

Counsel: Allan Markham, 202-337-2149

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Compania Mexicana de Aviacion, S.A. de C.V. and Empresa de Transporte Aero del Peru (Notice of Action Taken)

Undocketed | Posted May 8, 1997 from Office of Intl Aviation

Notice of Action

Statement of Authorization under 14 CFR Part 212 to permit Mexicana to continue to engage in a code-share/blocked-space arrangement with Aeroperu for once-daily scheduled service over the routing Newark, New Jersey - Cancun, Mexico - Lima, Peru - Buenos Aires, Argentina, through March 10, 1998. Under the arrangement, Mexicana: 1) operates the aircraft on all segments of the route; 2) carries its own traffic between Newark and Cancun under one flight number, and operates beyond Cancun under different flight numbers; and 3) carries Aeroperu's code for traffic between Newark and Lima, and for traffic between Newark and Buenos Aires. These Aeroperu services are held out under one flight number between Newark and Lima, and a different flight number between Lima and Buenos Aires.

Aeroperu services shall be held out under one flight number between Newark and Lima, and a different one between Lima and Buenos Aires; Mexicana shall carry its own traffic between Newark and Cancun under one flight number, and operate beyond Cancun under different flight numbers. Under this authority, Aeroperu is only authorized to conduct operations in the Newark-Lima and in the Newark-Buenos Aires markets.

By: Paul Gretch

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Continental Airlines, Inc. (Exemption, Newark-Moscow, and Allocation of Frequencies)

OST-97-2493 | May 8, 1997

Application for an Exemption and Allocation of U.S.-Russia Frequencies

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Authorizing Continental to provide daily Newark-Moscow service will permit Continental to introduce the first Newark-Moscow service ever, promote competition and provide additional transportation options in the U.S.-Russia market. Continental would provide the only U.S.-flag alternative to Delta's JFK Moscow service, which now constitutes the only U.S.-flag service in the Newark/New York-Moscow market. Only Continental's Newark-Moscow service can provide on-line connecting service at Newark between Moscow and the 88 points Continental and Continental Express will be serving nonstop at Newark this summer (excluding European service). Adding Newark-Moscow service is of great significance to U.S.-Moscow passengers since Continental's service will provide competition with New York (JFK) for traffic moving through Continental's Newark hubs. Continental may, in the future, seek authority to code-share with Aeroflot on these and other services, but Continental plans to institute its own NewarkMoscow service on April 30, 1998 independently and requires its own authority to begin marketing its Newark-Moscow service shortly.

Service Proposal | Service List

Answers are due by May 23, 1997

Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2500

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Federal Express Corporation (Confidential Treatment, Form 41 Schedule B-7)

OST-97-2494 | May 8, 1997

Motion for Confidential Treatment Pursuant to Rule 39

Federal Express respectfully moves the Department to withhold the financial information contained in its Schedule B-7 Report for the quarter ended March 31, 1997, filed concurrently herewith under seal, from public disclosure for a period of ten (10) years, through March 31, 2007, pursuant to Rule 39 of the Rules of Practice.

Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078

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Frontier Airlines, Inc. (Exemption, LaGuardia Slots)

OST-97-2230 | May 8, 1997

Motion for Leave to File and Surreply of United Air Lines

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Just as the U.S. is signing an unprecedented number of "open skies" agreements with its trading partners around the world, new entrants in the domestic market are pushing relentlessly for a return to price and service regulation. These are the same protectionistic practices the U.S. is trying to dissolve through its negotiations for "open skies" agreements; they should not be re-established at home.

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

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Japan Airlines Company, Ltd. (Exemptions, Implementation of 1996 MOU)

OST-96-1307 | May 8, 1997

Reply of Japan Airlines

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FedEx's position should be seen, therefore, for what it is: a proposal that the Department unilaterally rescind the 1996 MOU as it applies to the instant application. The Department's acceptance of that recommendation would constitute both the imposition of a sanction on JAL and a clear, unequivocal violation of the express terms of the 1996 MOU.

As JAL has repeatedly stressed, a satisfactory solution to the disagreement over the 1952 Agreement can be reached only through bilateral consultations. Denying JAL the opportunity to exercise a right to which it is clearly entitled under the 1996 MOU will not lead to a resolution of the disagreement between the two parties; rather, such an action will only create new tension in the U.S.-Japan aviation relationship and magnify the negative consequences for shippers and passengers.

Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000

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Millon Air, Inc. (Fitness Review)

OST-96-2012 | May 8, 1997

Re: Fitness Review

The enclosed Affidavits of Phillip Bradley and Cristoforo Roditti, V supplement PWFI's Motion to File an Otherwise Unauthorized Document and letter attached thereto previously filed with the Department of Transportation on May 2, 1997. PWFI's letter of May 2, 1997 refers to the attached affidavits and, therefore, the affidavits should be considered in connection therewith. Twelve copies of this letter and the Affidavits are enclosed.

Editor's Note: Exhibits available at cost of shipping.

Counsel: Haber Lewis, David Haber, 305-379-2400

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Polar Air Cargo, Inc. (New - Notice of Action Taken)

OST-97-2352 | Posted May 8, 1997

Notice of Action

Scheduled foreign air transportation of property and mail between Miami, Florida, on the one hand, and Caracas, Venezuela, on the other, and beyond Caracas to Rio de Janeiro and Sao Paulo, Brazil, and to integrate this authority with its existing certificate and exemption authority.

By: Paul Gretch

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Trans States Airlines, Inc. (Exemption from High Density Rule, Chicago O'Hare)

OST-97-2368 | May 8, 1997

Re: Answer of the Tri-Cities, TN/VA Parties in Support of Application

The Cities of Johnson City, Kingsport, Bristol, Tennessee and Bristol, Virginia, the Counties of Sullivan and Washington and the Tri-Cities Airport Commission (Tri-Cities, TN/VA Parties) urge the Department to grant the application of Trans States Airlines, Inc. (Trans States) in Docket OST-97-2388. Trans States seeks exemption authority to operate inter Blip four roundtrips in the Tri-Cities-Chicago O'Hare market. The proposed service would provide substantial benefits to the traveling public while addressing the desire of Congress that the Secretary "make the fullest possible use of existing exemption powers" to increase access to O'Hare for small and medium sized communities.

By: John Hanlin, Tri-Cities Airport Commission

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