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OST Docket Filings for June 18, 1997

 

Pleadings:

AHK Air Hong Kong | Air UK and Leisure Intl | AirTran | Antonov | FedEx, Arrow, FWIA | IATA (3) | Icelandair | Millon |
National Airlines - Chile | Nations Air | Philippine Airlines | Polar | Royal (3) | Sky Freighters | TAM

Notices of Action Taken:

None

Notices and Orders:

None


AHK Air Hong Kong Limited (Renewal of Foreign Air Carrier Permit – Cargo Charter)

OST-97-2468 | June 18, 1997

Supplement to Application for Renewal of Foreign Air Carrier Permit

By Order 92-5-18, May 15, 1992, the Department granted AHK Air Hong Kong Limited ("AHK") a foreign air carrier permit authorizing AHK to engage in charter foreign air transportation of property and mail between a point or points in Hong Kong and a point or points in the United States, and to conduct other cargo charters in compliance with the Department's regulations. The permit became effective on May 8, 1992, for a term of five years. On May 6, 1997, AHK applied for renewal of the permit for an additional five years. In the application, AHK advised the Department that Mr. Kenny Tang had become Chief Operating Officer, having replaced Mr. Stanley H.C. Hui who joined Dragonair as Chairman. In addition. there have been some other changes in the company which are described below

Counsel: Verner Liipfert, William Evans, 202-371-6030

Index


Air UK (Leisure) Limited and Leisure International Airways Limited (Transfer of Foreign Air Carrier Permit)

OST-97-2628 | June 18, 1997

Joint Application for Transfer of Foreign Air Carrier Permit

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New Leisure is a U.K. charter carrier duly authorized by the Civil Aviation Authority to perform charter transportation for the carriage of passengers and cargo between the United Kingdom and the United States. A copy of New Leisure's current operating license, dated May 14, 1997, and a copy of its Route License, dated May 19, 1997, are annexed hereto as Exhibit A. New Leisure holds 100% of the shares of Old Leisure.

Subpart Q, Answers are due by July 16, 1997

Exhibit A – Route and Operating License | Exhibit B & C – Verification | Service List

Counsel: Fulbright Jaworski, Susan Gotbetter, 212-318-3121

Index


AirTran Airways, Inc. (Exemption, LaGuardia Slots)

OST-97-2557 | June 17, 1997

Letters from Various Civic Parties in Support

County of Mahoning and Toldeo Public Schools

Index


Antonov Design Bureau (Emergency Exemption)

OST-97-2618 | June 18, 1997

Application for Amendment of Exemption Authority

The shipper has advised Antonov that, due to unforeseen circumstances, the second engine will not be ready for shipment until June 26, 1997 at the earliest.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8312

Index


Federal Express Corporation and Arrow Air, Inc. and Florida West International Airways, Inc. (Approval of Transfer of Frequency, US-Argentina All-Cargo Frequencies)

OST-97-2548 | June 18, 1997

Answer of Fine Airlines, Motion to Compel and Contingent Motion for Leave to File

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If approved, the transfer of frequencies would result in the effective monopolization of the severely frequency- and capacity-controlled, highly concentrated U.S.-Argentina market. FedEx would control eight of the twelve available U.S. carrier frequencies in the market. The remaining four frequencies would be divided among two smaller carriers; neither would be able effectively to challenge or restrain FedEx's dominance of the market. Contrary to the Joint Applicants' assertion that transfer of the frequencies will have a ''relatively small impact on the degree of concentration in the U.S.-Argentina market."

Simply stated, incumbent FedEx now seeks to utilize its massive wealth to purchase what the incumbents were expressly denied in the 1995 proceeding: additional U.S.-Argentina frequencies. Approving the transaction would establish several precedents unfair to small carriers of relatively modest means, such as Fine Air, and antithetical to the public interest.

Exhibit FN-1 – Pre-Transfer HHI Index for Published Scheduled Freighter Services from the US to Argentina

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

Index


Icelandair – Flugleidir Hf. (Amend Foreign Air Carrier Permit)

OST-97-2634 (36998) | June 18, 1997

Application for Amendment of its Foreign Air Carrier Permit

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Requests the Department amend its Foreign Air Carrier Permit to authorize the carrier to engage in scheduled foreign air transportation of persons, property and mail from points behind Iceland, via Iceland and intermediate points, to a point or points in the United States and beyond; to engage in charter air transportation between any point or points in Iceland and any point or points in the United States; to engage in charter air transportation between any point or points in the United States and any point or points in a third country or countries as part of a continuous operation that includes service to Iceland; and to engage in other charter air transportation in accordance with the Department's regulations.

Icelandair currently holds exemption authority from the Department to serve Boston, Orlando, Ft. Lauderdale, Cleveland and Detroit (A Order 96-3-33, confirming the Notice of Action Taken, November 28, 1995). An application to renew and amend this exemption authority was submitted to the Department on November 26, 1996, and is currently pending.

Verification | Table of Exhibits | FI-1 Air Operators Certificate | FI-2 Key Management and Directors | FI-3 Ownership | FI-4 Financial Statements for 12/96 and 12/95 | Service List by Hand | Service List

Subpart Q, Answers are due by July 16, 1997

Counsel: Baker Hostetler, Joanne Young, 202-861-1532

Index


Millon Air, Inc. (Fitness Review)

OST-96-2012 | June 16, 1997

Re: Fitness Review

The following responds to your request for information concerning the results of an inspection Lion and Naturalization Service conducted at Millon Air's facilities on June 10, 1997.

Attachment – Letter from DOJ Immigration to Juan Millon

Counsel: Suzette Matthews, 540-364-3470

Index


National Airlines – Chile aks National Airlines of Chile, Inc. (Exemption, Foreign Scheduled/Charter, Chile-US)

OST-97-2635 | June 18, 1997

Exemption to Engage in Foreign Charter Air Transportation

Service List | Power of Attorney, Certificate | Schedule | Profile of National | Aviation Interests & Relationship w/ Gov't | Directors and Management | Organizational Chart | Fleet | Flight Crews | Certificates | Passenger Projection | Month to Month Income | Maintenance of Airplanes | Commercial Report Santiago-Miami | Financial Statements 12/95 | Financial Statements 12/96

Counsel: Marcelo Curi, 305-865-5272

Index


Nations Air Express, Inc. (Exemption, Miami-Maracaibo)

OST-97-2551 | June 18, 1997

Motion for Leave to File and Reply of European-American Travel and Student Travel Services

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EURAM/STS would note that on January 24, 1997, a carrier depository agreement entered into between First of American Bank-Michigan, N.A. and Nations Air Express, Inc. d/b/a World Pacific Airways was filed with the Department. This depository agreement is signed on behalf of Nations Air by Mark McDonald, its President, and by Robert A. Young, President of World Pacific Airways, Inc., General Sales Agent for Nations Air Express, Inc. d/b/a World Pacific Airways. The Depository Agreement and the Amendment, which are both signed by Nations Air's President, clearly call into question the statements made by Nations Air in its reply and answer denying responsibility for charter contracts entered into by WPA as Nations Air's general sales agent

Exhibit 1 | Exhibit 2 - Carrier Depository Agreement | Exhibit 3

Counsel: Ginsburg Feldman, Bruce Rabinovitz, 202-637-9036

Index


Philippine Airlines, Inc. (Exemption, Manila-Chicago/Dallas/Miami/Washington, DC)

OST-97-2633 | June 18, 1997

Application

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PAL will commence service to these points under a code-share arrangement with American. Under the code-share agreement, PAL will place its code on American Airlines flights operating between Los Angeles and San Francisco on the one hand,; and some or all of the four named points, on the other hand. PAL's codeshare agreement with American also includes service to Newark/New York (JFK). PAL already holds an exemption to serve Newark, New Jersey, rights which it currently exercises via the intermediate point Vancouver, Canada with local traffic rights between Vancouver and Newark. Notice of Action Taken (August 30, 1996). Under long standing Department policy, the right to serve Newark encompasses the authority to serve New York (JFK) as well. Consequently, it is not necessary for PAL to include New York as one of the named points in this application, although PAL's agreement with American also covers codeshare services to JFK (with Fifth Freedom traffic rights between Vancouver and Newark/New York (JFK)).

Attachment A - Code Share Service with American | Service List

Counsel: Philippine Airlines and Zuckert Scoutt, Raymond Rasenberger, 202-298-8660

Index


Polar Air Cargo, Inc. (All-Cargo Frequency Allocation, US-Argentina)

OST-97-2578 | June 18, 1997

Motion for Leave to File and Reply of Polar Air to Answer of Challenge Air Cargo

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Challenge was awarded two weekly narrow body all-cargo scheduled frequencies; the last over six months ago. Polar Air believes that Challenge's operation of a single, apparently non-scheduled flight in the past 90 days is insufficient to fulfill its obligation to use the scheduled frequencies. Similarly, Polar Air believes that Challenge's proposed schedule of one flight per month will not constitute adequate "scheduled" utilization of the weekly frequencies. As such, these frequencies should be available for re-allocation to a carrier which will properly utilize them. In the alternative, Polar Air requests that the Department investigate Challenge's utilization of the scheduled frequencies and initiate a proceeding to revoke Challenge's allocation.

Counsel: Ginsburg Feldman, Alfred Eichenlaub, 202-637-9034

Index


Royal Aviation Inc. d/b/a Royal or Conifair (Foreign Air Carrier Permit, Canada-US Scheduled)

June 16, 1997

Foreign Air Carrier Permit for Schedule Services and Pertinent Exemption

In view of the imminence of these schedule service operations, Royal Aviation Inc. is also filing a request for exemption from section 402 under section 416tb) of the Act to allow Royal to operate pending final action is issued on the permit application.

By: Priscille Godbout, Manager Regulatory Affairs, 514-828-9000

Index


Royal Aviation Inc. d/b/a Royal or Conifair (Exemption Renewal, Canada-US Charter)

OST-95-392 | June 16, 1997

Renewal of Exemption - Scheduled

By way of this letter Royal Aviation Inc. wishes to renew its exemption for its scheduled service operation of Initial Authority notice action taken July 22, 1996.

Renewal of Exemption - Charter

Applicant is presently flying charter flights to various U.S. destinations, and these arrangements will be continued when Royal Aviation Inc., also doing business as Royal and/or Conifair, receives firm operating authority from the United States Government.

By: Priscille Godbout, Manager Regulatory Affairs, 514-828-9000

Index


Sky Freighters Ltd. (Exemption Renewal)

OST-96-1453 | June 18, 1997

Application for Renewal of an Exemption

Sky Freighters Ltd. proposes to continue to operate an on-demand, Class 9-4 international charter service (freight only) between Canada and the United States on a blanket authority

Attachment – Summary Financial Information for 7/1/96-3/31/97

Answers are due by June 20, 1997

By: John Olmstead, 250-245-3770

Index


TAM – Transportes Aereos Meridionais (Clarification of Permit, Code Share with American Airlines)

OST-97-2420 | OST-97-2421 | June 18, 1997

Re: Application

On April 30, 1997, TAM-Transportes Aereos Meridionais ("TAM") filed an application for a foreign air carrier permit pursuant to 49 U.S.C. § 41302 and an application for an exemption pursuant to 49 U.S.C. § 41301. TAM seeks authority to serve a number of points in the United States utilizing its own aircraft and crews and, as permitted in the U.S.-Brazil Air Transport Agreement, a number of additional U.S. points on a code share basis only. TAM seeks to offer these code share only services in connection with American Airlines, its code share partner. TAM and American contemporaneously filed a joint application for issuance of appropriate statements of authorization necessary to implement the reciprocal code share agreement-. Among the cities listed in the Code Share Agreement to be served on a code share basis only is San Diego. However, San Diego was unintentionally omitted from the list of U.S. cities in the TAM applications. To conform the TAM applications to the underlying Code Share Agreement, TAM hereby clarifies its permit and exemption applications to include San Diego as a U.S. point to be served by TAM on a code share basis only.

Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300

Index


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

June 18, 1997

OST-97-2631 – Application for Approval of Agreements

South Pacific resolutions

OST-97-2108 – Technical Correction

PTC23 AFR-TC3 Fares 005 dated 6/17/97

OST-97-2630 – Application for Approval of Agreements

Middle East PTC2 ME 0010

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

Index


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