OST Docket Filings for June 27, 1997
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OST Docket Filings for June 27, 1997
Air Micronesia | Air South | American and TACA | Continental | FedEx, Arrow, FWIA | Millon | Polar | Tower
US-South Africa Third Country Codeshare
Notices of Action Taken
Notices and Orders
Order Confirming Notices of Action Taken
Aero California, S.A. de C.V. (Notice of Action Taken)
OST-97-2481 | Posted June 27, 1997
Exemption from 49 USC section 41301 to permit Aero California to conduct scheduled, combination services in certain U.S.-Mexico markets (see Attachment 1 of the application), including the following five markets: 1) Loreto-Albuquerque; 2) Mazatlan-Phoenix; 3) Puerto Vallarta-Dallas/Fort Worth; 4) Puerto Vallarta-Phoenix; and 5) San Jose del Cabo-San Francisco. (On May 7, 1997, Aero California and American Airlines filed an undocketed, joint application for approval of their code-sharing arrangement in certain U.S./Mexican markets, including the above five, and American filed in Docket OST-97-2477 an application for underlying exemption authority to implement the arrangement. These requests are pending.)
By: Paul Gretch / Counsel: David Coburn, 202-249-8063
Air Micronesia, Inc. (Exemption Renewal and Fifth Freedom Frequencies, Hong Kong-Manila)
OST-97-2658 | June 27, 1997
Application for Renewal of Exemption
and Frequency Allocation
Applies for renewal of its current allocation of three weekly fifth-freedom frequencies (with one frequency converted into two for a total of four frequencies) to carry fifth-freedom cargo traffic between Hong Kong and Manila and the Hong Kong exemption authority awarded by Order 96-8-35. Air Micronesia requests renewal of these authorities for a period of two years from the date of the Department's Order on this application.
Answers are due by July 14, 1997
Counsel: Crowell Moring, Bruce Keiner, 202-624-2500
Air South Airlines, Inc. (Transfer of Certificate of Public Convenience and Necessity)
OST-97-2659 | June 27, 1997
Application for Transfer of a
Certificate of Public Convenience and Necessity
On December 29, 1995, ASA and Air South, Inc. merged and ASA was the surviving entity. The statutory merger was the result of a decision by Air South, Inc. to incorporate and conduct its business under the laws of the State of Delaware. ASA acquired all of the assets and assumed all of the liabilities of Air South, Inc. At the time of the merger, all officers and directors of Air South, Inc. assumed corresponding positions and duties at ASA. Immediately following the merger, ASA requested and was granted transfer of Air South, Inc.'s Air Carrier Certificate by the Federal Aviation Administration.
Attachment 1 – Air Carrier Certificate | Attachment 2 – Good Standing Certificate from Delaware
Counsel: Air South and Ginsburg Feldman, David Armstrong, 202-637-9038
American Airlines, Inc. et al. And the TACA Group Reciprocal Code-Sharing Services Proceeding
OST-96-1700 | June 27, 1997
American and the TACA Group dispute each and every allegation made in the surreplies tendered by Continental and United, and we urge the Department to deny the carriers' motions for leave to file such unauthorized documents. This matter has been pending before the Department for nearly one year, and has been the subject of exhaustive evidentiary submissions and pleadings. The Department should promptly conclude this proceeding by granting the American/TACA Group applications, so that the public may begin enjoying all of the competitive benefits that the proposed code-sharing services will provide.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com / Mullenholz Brimsek, John Brimsek, 202-296-8000 for Aviateca, COPA, NICA, TACA and TACA Honduras / Squire Sanders, Robert Papkin, 202-626-6601 for LACSA
Continental Airlines, Inc. (Exemption Renewal, Houston-Ixtapa/Zihuatanejo)
OST-97-2657 | June 27, 1997
Application for Renewal of Exemption
Continental currently serves the Houston-Ixtapa/Zihuatanejo market by operating three weekly non-stop round-trip flights with B-737 aircraft. The Department awarded Continental a two-year exemption to conduct Houston Ixtapa/Zihuatanejo services by Notice of Action Taken dated September 13, 1995.
Answers are due by July 14, 1997
Counsel: Continental and Crowell Moring, 202-624-2500
Federal Express Corporation and Arrow Air, Inc. and Florida West International Airways, Inc. (Transfer of Frequency Allocations, US-Argentina All-Cargo)
OST-97-2548 | June 27, 1997
Consolidated Joint Further Reply of
Joint Applicants and Motion for Leave to File
In subsequent discussions between Federal Express and Argentina civil aviation officials, it became evident that the statement in Order 95-3-30 reflected an apparent misunderstanding which arose in the course of certain communications between officials of the U.S. and Argentina governments on the subject of the A-310 issue. It was made clear to Federal Express by the Argentina officials that it would be futile and possibly counterproductive for Federal Express to attempt to force the issue by filing a formal application for grant of a special authorization to operate the A-310 on the basis of one narrow-body frequency per flight, in defiance of the clearly expressed unwillingness of the Argentina Government to grant such authority.
Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078
Millon Air, Inc. (Fitness Review)
OST-96-2012 | June 25, 1997
Re: Security Regulations at Miami Intl
Airport
You raised an additional issue to Millon for further response. Late last week the Miami Airport and the FAA conducted a review of all carriers at the airport to review compliance with security regulations, most specifically procedures for issuance of badges for access to the airport. Millon Air, we are told, and several other carriers at airport, had a number of badges lifted because the record keeping requirements were not properly followed. Because Millon had laid off most of its employees during the grounding, the decision to call back employees to complete a C check on one of its aircraft resulted in those employees being returned the airport without an update to their security files after an interruption of employment. While Millon considered these people to continue to be employees, Millon recognizes its mistake. The failure to follow the requirements was occasioned by the assumption that once cleared employees remained approved for access to the airport. Millon has since that inspection reviewed the files of the employees and corrected their files. It is Millon's expectation that this was a one time occurrence occasioned by the unique circumstance of the carrier's grounding. In conversation with the Dade County Airport Authority ( Monica Beltran), I was told that Millon is rectifying the situation and conducting the necessary check including the recording of the proper paper work which was not done in the past.
Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com
Polar Air Cargo, Inc. (All-Cargo Frequency Allocation, US-Argentina)
OST-97-2578 | June 27, 1997
Motion for Leave to File and Opposition
of Challenge Air Cargo
Polar's Reply inaccurately attempts to characterize Challenge's May 17-19, 1997 Miami-Bogota-Sao Paulo-Buenos AiresSao Paulo-Bogota-Miami wide-body flight as an isolated charter flight and asserts that Challenge therefore failed to exercise its scheduled all-cargo frequencies (i.e., two narrow-body frequencies or one wide-body frequency) in the U.S.-Argentina market during the 90-day period specified in the Department Is February 25, 1997 Notice of Action Taken. That simply is not correct. Contrary to what Polar would have the Department believe, Challenge's May 17-19 wide-body flight was not a random, nonscheduled charter flight. It was operated as part of a pattern of regularly scheduled service, pursuant to scheduled authority granted by the Argentine government and in accordance with a schedule filed with the Argentine authorities. Under that schedule, Challenge is operating one wide-body flight (i.e., two narrow-body equivalents) every fourth week (i.e., on the third Sunday of every month)!/, a level of operations that is fully consistent with the requirements of the Department's February 25, 1997 Notice. Pursuant to that schedule, Challenge operated another scheduled Miami -Bogota-Sao Paulo-Buenos Aires -Sao PauloBogota-Miami wide-body flight last weekend, and the next scheduled Miami-Bogota-Sao Paulo-Buenos Aires-Sao Paulo-Bogota-Miami wide-body flight will operate on July 20 - 21. There can be little question, then, that Challenge has satisfied - and is continuing to satisfy - the requirements of the Department's Notice of Action Taken, Docket OST-96-1042 (Feb. 25, 1997)
Counsel: Zuckert Scoutt, William Callaway, 202-298-8660
Tower Air, Inc. (Exemption, Scheduled Combination Service, New York – Kiev)
OST-97-2656 | June 27, 1997
Tower Air plans to commence scheduled service to Kiev October 1, 1997. Expedited action on this Application is requested so that the company will be able to begin marketing service as soon as possible.
Proposed Initial Schedule | Service List
Answers are due by July 12, 1997
Counsel: Hewes Gelband, Stephen Gelband, 202-337-6200
OST-97-2553; OST-97-2552; OST-95-498; OST-97-2554 | June 27, 1997
Motion for Leave to File and Rejoinder
of Delta Air Lines
The selection of United and Northwest would result in duplicative service coverage of the midwestern region. Only a combination of awards that includes Delta would extend new online service benefits to many southeast cities. With respect to Miami, Northwest again misses the point, claiming that its elapsed travel time from Miami is marginally shorter than Delta's. As noted by Delta in its Answer and Reply, Miami is the only hub gateway served by SAA and American. In order to maximize competition against the incumbents, it is important that the Department install a network competitor that can effectively challenge American and SAA at points behind Miami.
Attachment – Delta Would Serve More Southeastern Cities from its Transatlantic Gateways
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Order Confirming Notices of Action Taken
Order 97-6-26 | Issued June 25, 1997 | Served June 30, 1997
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