OST Docket Filings for May 30, 1997

Delta Air Lines, Inc. (Renewal of Certificate of Certificate of Public Convenience, Los Angeles-Mazatlan; Los Angeles-Purto Vallarta; Orlando-Mexico City)

OST-97-2569 | May 30, 1997

Application for Renewal of a Certificate of Public Convenience and Necessity for Route 562, Segments 3, 4 and 6

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Delta has been providing service in the Orlando-Mexico City market since 1991. Effective April 6, 1997, Delta briefly discontinued its nonstop service for a two month period, as it implemented a code-share/blocked-space agreement with Aeromexico, whereby Delta will offer Orlando-Mexico City nonstop service operated by Aeromexico on a twice weekly (Saturday/Sunday) basis, utilizing MD-87 aircraft. Delta intends to resume service in this market under the code-share/blocked space agreement with Aeromexico on or about June 10, 1997.

Delta currently provides daily roundtrip service between Los Angeles, on the one hand, and Mazatlan and Puerto Vallarta, on the other hand, in a roundrobin pattern, utilizing Boeing 727-200 aircraft. Delta intends to discontinue its Los Angeles-Mazatlan/Puerto Vallarta service on or about May 31, 1997, and immediately implement a code-share/blocked-space arrangement with Aeromexico between Los Angeles and Puerto Vallarta on or about June 10, 1997. Although Delta does not have immediate plans to operate service between Los Angeles and Mazatlan, Delta seeks renewal of its certificate authority for this route in order to retain the operational flexibility to resume service quickly as market conditions warrant.

Service List

Subpart Q, Answers are due by June 26, 1997

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060

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Delta Air Lines, Inc. (Renewal of Certificate of Public Convenience, Atlanta-London)

OST-97-2568 | May 30, 1997

Application for Renewal of a Certificate of Public Convenience and Necessity

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Delta has provided continuous Atlanta-London service since it commenced service on this route almost 20 years ago. Delta provides year round, twice-daily service between Atlanta and London (Gatwick) using McDonnell Douglas MD-11 aircraft.

Segment 4 of Route 178 authorizes Delta to engage in foreign air transportation of persons, property and mail between the terminal point Atlanta, Georgia, the intermediate point London, England, and the terminal point Copenhagen, Denmark. While Delta's authority to serve Copenhagen under segment 4 is for an indefinite duration, its authority to serve London as an intermediate point is coextensive with its segment 1 authority, which expires on November 29, 1997. (See conditions 7 and 8). Therefore, to the extent necessary, Delta seeks renewal of its Atlanta-London authority under segments 1 and 4. Delta further requests, to the extent necessary, continued route integration authority consistent with Order 96-7-42 (served August 5, 1996), in order to permit Delta to integrate its Atlanta-London route authority with all of Delta's existing certificate and exemption authority to the extent permitted by applicable international agreements.

Service List

Subpart Q, Answers are due by June 26, 1997

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060

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Haiti Air Freight Internaitonal, S.A. (Notice of Action Taken)

OST-96-1386 | Posted May 30, 1997 (From Office of Intl Aviaiton)

Notice of Action

Scheduled all-cargo between the terminal point Port-au-Prince and the coterminal points Miami, New York and San Juan; and to perform all-cargo charters with wet leased aircraft. Haiti Air Freight may not conduct U. S. operations with its own aircraft and crews without further order of the Department.

By: Paul Gretch

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Lineas Aereas Paraguayas, S.A. (Exemption) / American Airlines, Inc. and LAPSA – renamed TAM-Mercosur (Statement of Authorizations)

Docket 31855 and OST-97-2422 | Undocketed | May 30, 1997

Motion for Leave to File Reply of LAPSA

Reply of LAPSA to United Air Lines

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Despite the fact that United's pleading lacks weight, TAM-Mercosur states for the record that it would not oppose the grant of authority to United to serve Paraguay in conjunction with VARIG under their code share arrangement. Accordingly, TAM-Mercosur would have no reason to advocate to its government that United should not be permitted to serve Asuncion under a code share arrangement. The U.S.-Paraguay Air Transport Agreement permits multiple carrier designations and United's code share service would not be inconsistent with this provision of the bilateral agreement. While United's answer has not suggested any substantive reason not to unconditionally approve the TAM-Mercosur application or its joint request for code share approval, nonetheless, TAM-Mercosur does not oppose United's objective to exercise its rights to serve Paraguay in conjunction with its code share partner, VARIG.

Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3304

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Millon Air, Inc. (Fitness Review)

OST-96-2012 | May 30, 1997

Re: Fitness Review of Millon

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None of the receivables noted on Millon Air Cargo's financial statement are due from Millon Air, Inc. Of Millon Air, Inc.'s total receivables, $273,475.44 is owed by Millon Air Cargo, Inc. The obligation to pay for fuel in Ecuador was the sole responsibility of Millon Air Cargo, Inc. by virtue of the terms of the ACMI contract between Millon Air Cargo, Inc. and Millon Air, Inc., and by virtue of the agreement between Millon Air Cargo, Inc. and Petrosur-WFI under which it was clearly understood by both parties (Millon Air Cargo and Petrosur-WFI) that Millon Air Cargo and not Millon Air, Inc. was financially responsible for payment of the fuel charges. In order to avoid misundertandings of this sort in the future, Millon Air, Inc. has decided to adopt a policy of requiring charterers under ACMI leases to prepay Millon Air, Inc. for fuel, and have Millon Air, Inc. be directly responsible for all fuel purchases.

Attachment A hereto is a copy of the registration certificate of B707 aircraft Serial No. 20084, listing Juan B. Millon as owner. Attachment A also includes a copy of a letter of intent from Aircraft Inventory Corporation to purchase the aircraft for $1.75 millon, evidence of the aircraft's market value.

Attachment A – Airworthiness Certificate | Letter of Intent from Aircraft Inventory Corporation | Articles of Amendment 12/29/89

Counsel: Suzette Matthews, 540-364-3470

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Notice of Proposed Rulemaking: Domestic Passenger Manifest

OST-97-2198

Comments of the American Society of Travel Agents – May 22, 1997

Last November, ASTA submitted a proposal to DOT that we believed would provide the sought after international passenger manifest at a reasonable cost and with minimum public confusion. A copy of those comments is attached for consideration in this proceeding. We believe there are no meaningful differences between the international and domestic situations (other than sheer volume) that would warrant a different approach. This may well be one of those cases where reliance on computers will only make the situation worse, and an old-fashioned, and rather simple, paper form can fully accomodate the true needs of the situation.

By: ASTA, Paul Ruden

Comments of Eagle Aviation

By: Thomas Anzalone, President

Comments of the Social Security Administration

The Office of Programs Benefits Policy has already commented on the proposal (see attached) - and we concur entirely. From a privacy perspective, we in the Office of Disclosure also feel that requiring collection of social security numbers (SSN) as part of passenger manifest lists for domestic flights is unwise.

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Transatlantic, Transpacific and Latin American Service Mail Rates Investigation

Order 97-5-23 | OST-96-1629 | Issued May 28, 1997 | Served June 3, 1997

Order Establishing Final Service Mail Rates

By this order the Department is setting final international service mail rates for the period January 1 through June 30, 1997. The final rates shall also apply as temporary rates beginning July 1, 1997, until further order of the Department.

By: Charles Hunnicutt

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U.S. – Russia Overflight Rules

Docket 50326 | May 30, 1997

Objection of Northwest Airlines to Motion of United Air Lines for Immediate Action

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The Department should not act upon United's Motion for Immediate Action until a determination is made as to whether the 28 available Europe-Indian subcontinent Russia overflight frequencies are oversubscribed. To the extent such frequencies are not oversubscribed, the Department promptly should allocate the 28 available frequencies to Northwest and United (14 weekly frequencies each). If the frequencies prove to be oversubscribed, however, the Department should deny United's Motion for Immediate Action and promptly institute an expedited comparative proceeding to determine the best allocation of these limited U.S. aviation rights.

Counsel: Northwest, Megan Rae Poldy, 202-842-3193

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

OST-97-2573 | May 30, 1997

Application for Approval of Agreements

Five of the amended Resolutions change how frequently individuals are elected to technical boards/panels by requiring that half of the membership be elected at each annual meeting in order to maintain continuity of expertise. Previously, all of the membership was up for reselection every other annual meeting.

OST-97-2574 | May 30, 1997

Application for Approval of Agreements

When Montreal Protocol No. 4 comes into effect, there will then be three Warsaw regimes under which the airlines will be providing service:

1. The unamended 1929 Warsaw Convention, which has very detailed provisions for the airwaybill and penalties for not adhering to these provisions. A few countries still adhere to this regime.

2. The Warsaw Convention as amended by the Hague Protocol of 1955. This 1955 Protocol greatly shortens the Warsaw requirements for the air waybill but still retains penalties for not adhering to these provisions. Mast of the world adheres to this regime.

3. The third regime will be that of Montreal Protocol No. 4. This requires that: 3.1 The air waybill indicate the places of departure and of destination and, if these are within the same country, an agreed stopping place outside that country. It also requires an indication of the weight of the shipment. There is no requirement for a notice that the shipment is subject to the Warsaw Convention. Further, there are no penalties, not even the loss of the limit of liability, if even these requirements are not adhered to. (It should be remembered that the Protocol prescribes only the minimal requirements and there is no prohibition on the air waybill containing more information);

Counsel: IATA, David O’Connor, 202-624-2977

Editor's Note: Full copy IATA applications not included in PDF file - only summary portions.

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