OST Docket Filings for June 4, 1997
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OST Docket Filings for June 4, 1997
AirTran | American and British Airways | American and TACA | Continental | EL AL | LB Limited | Northwest | Pan Am | SunWorld | TAMPA | US-Russia
Notices of Action Taken
American | Balkan Bulgarian | China Southern | DHL Aero Expreso
Notices and Orders
EL AL | 1997 US-Chile Combination Service Proceeding
AirTran Airways, Inc. (Exemption, Slot Restrictions LaGuardia Airport)
OST-97-2557 | June 4, 1997
Comments of Toledo Area Chamber of Commerce
Editor’s Note: Comments of Toledo available June 5th – Docket Section has yet to scan and make available to the public
American Airlines, Inc. (New - Notice of Action Taken)
OST-97-2527 | Posted June 3, 1997 (from Office of Intl Aviation)
Scheduled foreign air transportation of persons, property, and mail between Dallas/Ft. Worth, Texas, and Caracas, Venezuela. The Dallas/Ft. Worth Parties filed an answer in support of American's application.
By: Paul Gretch / Counsel: Carl Nelson, 202-496-5647
American Airlines, Inc. and British Airways Plc (Antitrust Immunity)
OST-97-2058 | June 4, 1997
Given the manifestly disparate treatment that the Department has accorded to American and British Airways, TWA's demand for still more material, and its request that the Department make an a priori determination that much of this new evidence, including detailed traffic analyses, cannot be accorded confidential treatment, is particularly troubling. The Department should deny TWA's motion. Specifically, the Department should not rule on the confidentiality of additional data in advance of its submission. The Department should not require the distribution of confidential information on floppy disks. And the Department should not add more citypairs to the immensely burdensome item 19 (simulated CRS displays).
Counsel: American, Carl Nelson, 202-496-5647 / British Airways and Sullivan Cromwell, Mark McCall, 202-956-7500
American Airlines, Inc. et al and The TACA Group Reciprocal Code-Share Services Proceeding
OST-96-1700 | June 4, 1997
MIA fully supports cooperative arrangements between carriers that will promote more efficient operations and provide more convenient service to the public. The code-share operations proposed by American and the TACA Group will offer coordinated connections, improved baggage transfers, and related consumer benefits that will substantially enhance the provision of service between cities in the United States (and beyond) and Central America (and beyond) via the Miami gateway. MIA understands that the proposed code-share agreement is intended to result in the progressive integration of the schedules of each of the carriers; cooperation in ground-handling services; consolidation of facilities, and the inauguration of a premium-class product by the TACA Group carriers.
By: Dade County, Peter Reaveley, Manger, Route Development, 305-876-7028
Balkan Bulgarian Airlines (Notice of Action Taken)
OST-95-450 | Posted June 4, 1997 (from Office of Intl Aviation)
RENEW exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Sofia, Bulgaria, via the intermediate points Malta and Bucharest, Romania, and the coterminal points Detroit, MI/New York, NY; and charters pursuant to 14 CFR 212;
AMEND to add Split, Croatia, as an intermediate point on Sofia-New York operations, with local Split-New York traffic rights.
The applicant requested that the authority be effective for a period of two years. We dismissed that portion of the carrier's application to conduct the operations beyond June 4, 1998, without prejudice to refiling at a later date. The duration of this authority is consistent with our usual policy of granting interim exemption authority.
By: Paul Gretch / Counsel: Jeffrey Manley
China Southern Airlines Company Limited (Notice of Action Taken)
OST-96-1680 | Posted June 4, 1997 (from Office of Intl Aviation)
Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Guangzhou and Los Angeles, CA.
By: Paul Gretch / Counsel: Anne Smith, 202-626-3651
Continental Airlines, Inc. (Exemption, Newark-Moscow)
OST-97-2493 | June 4, 1997
If the Department were forced to choose between Continental's nonstop Newark-Moscow services and Delta's proposed code shares with foreign airlines, however, Continental's service clearly should receive first priority. In addition to operating daily nonstop JFK-Moscow service, Delta also proposes to offer 25 weekly code-share flights between the U.S. and Moscow and 8 weekly code-share flights between the U.S. and St. Petersburg, duplicating Moscow service via Brussels, Vienna and Zurich and St. Petersburg service via Vienna and Zurich. Even without the 4.5 additional frequencies Delta has requested, it could offer 21 weekly Moscow flights -- seven nonstop JFK flights and fourteen code-share services -- and 10 weekly St. Petersburg code-share services
Contrary to Delta's allegation, Continental never claimed that Delta had abandoned "its U.S.-Russia service." What Delta has abandoned is its own flights which operated between Frankfurt and both Moscow and St. Petersburg. Delta now seeks to replace that service with multiple duplicative flights by its foreign carrier partners.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2500
DHL Aero Expreso, S.A. (Notice of Action Taken)
OST-96-1035 | Posted June 4, 1997 from Office of Intl Aviation)
Amend exemption from 49 USC section 41301 to permit the applicant to conduct -- in addition to its ongoing scheduled, Panama-Miami, all-cargo service and U.S. charter operations -- scheduled foreign air transportation of property and mail from points behind the Republic of Panama via the Republic of Panama and intermediate points to a point or points in the United States and beyond, for a period of two years.
By: Paul Gretch / Counsel: R. Tenney Johnson, 202-663-9030
EL AL Israel Airlines, Ltd. (Exemption Renewal)
Order 96-6-6 | OST-954-72 (47986) and 97-2547 (48826) | Issued and Served June 4, 1997
We have decided to finalize our tentative findings and conclusions in Order 97-5-18, and to deny the requests of E1 A1 to renew its exemptions to serve Washington/Baltimore, Dallas/Fort Worth, and Orlando, effective seven calendar days from the date of service of this order. We have carefully considered the objections and answers filed in response to Order 97-5-18, and find that finalization of that order is in the public interest.
The objectors have presented no evidence that would cause us to alter our tentative findings and conclusions set forth in Order 97-5-18. In particular, we were cognizant, when we issued that order, of the Government of Israel's decision to grant Tower's request but to withhold the effectiveness of that authority until after this year's important peak summer season is over. Such action is, in our view, clearly inconsistent with Israel's obligations under the U.S.-Israel Agreement to grant designated U.S. carriers authority to which they are entitled. The continued refusal of the Government of Israel to alter its decision, and grant Tower the bilaterally-agreed authority to which it is entitled, warrants the action we proposed in Order 97-5-18, namely, the denial for E1 A1 of the extrabilateral benefits that it has been granted solely at our discretion.
By: Charles Hunnicutt
EL AL Israel Airlines, Ltd. (Exemption Renewal)
OST-954-72 (47986) and 97-2547 (48826) | June 4, 1997
For the purpose of clarification, the start-up of North American was substantially financed by its majority shareholder, Dan McKinnon. The Company has built up a thriving charter business, now operates two B-757s and an MD-83 and has the youngest fleet of any U. S. charter operator. North American operates charters both in the U. S. and internationally for tour operators, private companies, sports teams and the military. The Company has an outstanding reputation with its customers and passengers and has earned a profit every year since it commenced service in 1990. In excess of 70 percent of North American's revenues are derived from customers other than El Al.
Thus, as noted in North American's Objections to Order 97-5-18, the proposal to terminate El Al's exemption to operate to Baltimore, Dallas and Orlando will have a much more significant impact on another U.S. airline and its employees than it will have on El Al or the Government of Israel. North American respectfully suggests the proposed sanction, which in effect sacrifices one U.S. carrier to benefit another, is not the appropriate approach for resolving this issue and obtaining the desired authority for Tower.
Counsel: Baker Hostetler, David Kirstein, 202-861-1500
L.B. Limited (Foreign Air Carrier Permit Amendment, Charter Air Transportation, Bahamas-US)
OST-95-477 | June 4, 1997
Application for Amendment of Foreign Air
Carrier Permit
Amend its Foreign Air Carrier Permit to the extent necessary to permit LB to engage in the scheduled air transportation ol persons, property and mail between Freeport, Bahamas, on the one hand. and the coterrninal points Allentown, PA and Knoxville, TN, on the other hand. LB. Limited further requests that these new U.S. points be coterminalized with LB's existing U.S. coterminal points authorized by LB's Foreign Air Carrier Permit. In the alternative, LB requests such other, different, or further relief as the Department may deem necessary and proper.
Subpart Q, Answers are due by July 1, 1997
Counsel: Pierre Murphy, Elizabeth Collins, 202-872-1679
Northwest Airlines, Inc. (Exemption, Code Share, US-UK)
OST-96-1603 | June 4, 1997
Application for Consolidation and
Renewal of Exemption Authorities
Northwest seeks consolidation and renewal of its existing authority to provide scheduled foreign air transportation of persons, property and mail between the United States and the United Kingdom pursuant to Northwest's codesharing arrangement with Air U.K. Northwest provides these services by displaying its two letter designator code on Air U.K. flights between, on the one hand, Amsterdam and London (Gatwick) and, on the other hand, points in the United Kingdom. Northwest does not hold out service in the local Amsterdam-U.K. or London (Gatwick)-U.K. markets but rather sells transportation between points in the United States and points in the United Kingdom only.
Answers are due by June 19, 1997
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
Pan American World Airways, Inc. (Exemption, US-Bahamas)
OST-97-2588 | June 4, 1997
Pan Am initially proposes to serve the market by placing its code on flights operated by Carnival. The flight would depart Miami at 7:15 pm and arrive in Nassau at 8:25 pm. In the return direction, the flight would depart Nassau at 10:15 am and arrive in Miami at 11:05 am.
Answers are due by June 19, 1997
Counsel: Verner Liipfert, William Evans
SunWorld International Airlines, Inc. (Renewal of Certificate of Public Convenience, Interstate and Foreign Air Transportation, US-Cayman Islands)
OST-95-666 and OST-95-667 | June 4, 1997
Application for Renewal of its
Certificates of Public Convenience and Necessity
Sunworld commenced operations on July 21, 1996, and has provided both charter and scheduled air service between Cincinnati and Grand Cayman, Cayman Islands with its Boeing 727-200 aircraft. Sunworld offers low-fare, high-quality service in this market and has attracted the loyalty of vacation travelers in both the United States and the Cayman Islands.
As a result of its success in the Cincinnati-Grand Cayman market, Sunworld has recently announced plans to expand its scheduled Grand Cayman service to include twice-weekly roundtrip flights between Atlanta and Grand Cayman, and Sunworld anticipates that it may expand this service to include additional U.S. markets in the near future if demand warrants. Sunworld may also add a second aircraft to its fleet as part of its future expansion plans. In addition to its service to the Cayman Islands, Sunworld has also operated a variety of ad-hoc and sub-service charter flights on behalf of tour operators and air carriers. Sunworld has been marketing aggressively its charter service and expects continued growth in this area of its operations.
On May 16, 1997, Sunworld received a Letter of Investigation with respect to an operations specifications issue. Sunworld mhas just responded to this LOI and intends to work closely with the FAA to resolve the matter expeditiously. Sunworld will provide a copy of the FAA letter if so requested by the Department.
Certification | Exhibit A - Officers and Key Personnel | Exhibit B - Resume of Kenneth Green | Exhibit C - Financial Statements for Fiscal Year 12/96 | Exhibit D - Periodic Safety Review | Service List
Answers are due by July 3, 1997
Counsel: Winthrop Stimson, John Gillick, 202-775-9800
Transportes Aereos Mercantiles Panamericanos, S.A. – TAMPA (Interpretation and Petition for Exemption, Colombia-US)
OST-96-2555 | June 4, 1997
Foreign all-cargo air carriers, such as TAMPA, conduct operations with freighter aircraft which are essentially identical or similar to freighter aircraft operated by U.S. carriers, and the passengers at issue are transported on a non-revenue basis. For that reason, there does not appear to be any economic, operational or safety-related regulatory consideration which would warrant preventing foreign cargo carriers from performing the same limited scope of passenger-carrying operations which the FAA has determined to be appropriate in the case of U.S. all-cargo carriers. Moreover, Federal Express understands that the Government of Colombia permits similar limited passenger transportation by both Colombian and U.S. all-cargo air carriers. Federal Express urges the Department to grant TAMPA's application for grant of an interpretation or an exemption so as to authorize TAMPA to transport specified categories of passengers on its all-cargo operations serving the United States.
Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078
1997 U.S. – Chile Combination Service Proceeding / Continental Airlines, Inc. and United Air Lines, Inc. / Delta Air Lines, Inc.
Order 97-6-4 | OST-97-2586 | OST-97-2373 and 97-2371 | OST-97-2372 | Issued and Served June 4, 1997
HTML - with Appendix A & B
By this order we institute the 1997 U.S.-Chile Combination Service Proceeding, Docket OST-97-2586, to select a carrier(s) to operate the seven frequencies available for additional U.S.Chile services effective December 15, 1997. We consolidate the frequency applications of Continental Airlines, Inc., and United Air Lines, Inc., and the certificate/frequency application of Delta Air Lines, Inc. into this proceeding.
Appendix A - Summary of Applications | Appendix B - Evidence Request
By: Charles Hunnicutt
U.S. – Russia Combination Service Frequency Allocation
OST-96-1672 | June 4, 1997
Continental Air Lines, Inc. (Continental) does not object to the award of 4.5 Russia frequencies to Delta for code-sharing purposes so long as Continental's request for seven frequencies to operate its own daily Newark-Moscow service is also granted. For the reasons explained in Continental's reply in Docket OST-972493 (copy attached), if the Department must choose between Continental's request and Delta's, Continental's request should be granted and Delta's should be denied.
Counsel: Crowell Moring, Bruce Keiner, 202-628-2500
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