OST Docket Filings for July 3, 1997
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OST Docket Filings for July 3, 1997
American Airlines and British Airways | Arriva | Atlas/US-Brazil Cargo Charter | Global Air Cargo | IATA | KIWI | LACSA |
Philippine Airlines and American Airlines | Sunworld (4) | US-Brazil
Notices of Action Taken:
Notices and Orders:
AccessAir Holdings, Inc. (Certificate of Public Convenience, Interstate Scheduled)
Order 97-7-1 | OST-96-1926 | Issued July 1, 1997 | Served July 8, 1997
By Order 97-6-15 , issued June 11, 1997 , we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated in it and award a certificate of public convenience and necessity to Accessair Holdings, Inc., authorizing it to engage in interstate scheduled air transportation of persons, property, and mail. Interested persons were given 15 days to file objections to the order.
Should Accessair propose to operate more than 6 aircraft, we direct it to notify the Department in writing at least 45 days prior to the proposed operation.
Certificate of Public Convenience
By: Charles Hunnicutt
American Airlines, Inc. and British Airways Plc (Antitrust Immunity)
OST-97-2058 | July 3, 1997
The index is provided in two formats. Format 1 is sorted in Bates range order, and shows for each Bates range the box number, folder number, and RFP (request for production) number in the Department's memorandum of November 26, 1996 (copy attached). Format 2 is sorted in RFP number order, and shows for each RFP number the Bates range, box number, and folder number. The description of each RFP number is provided in the attached memorandum.
Attachment A | Index of Confidential Materials
In response to your letter of June 2, 1997, attached is an index for the documents confidentially filed by British Airways Plc in Docket OST-97-2058. As directed, the index identifies the documents responsive to each of the Department's nine separate evidence requests by Bates range and box number.
Counsel: American, Carl Nelson / British Airways and Sullivan Cromwell
Editor’s Note: Will be available as soon as the Docket Section scans the correspondence
Arriva Air International, Inc.
OST-96-1334 and OST-97-2184 | July 3, 1997
This letter is submitted on behalf of Arriva Air International, Inc. in connection with Supplement No. 7 to the referenced applications, filed on July 1, 1997. The purpose of this letter is to provide the Fitness Division with certain additional information pertaining to one of Arriva Air's new operations managers, Mr. Carl J. Wobser, as set forth in the attached statement by Mr. Wobser.
Counsel: Shaw Pittman, Nathaniel Breed, 202-663-8078
Atlas Air, Inc. / 1997/1998 U.S. Brazil All-Cargo Charters
OST-97-2243 | July 2, 1997
On June 30, 1997, the Department issued Order 97-6-33, finalizing its tentative allocation of Brazil cargo charters for the 1997/1998 charter year. In that order the Department allocated 35 charters to Atlas Air, Inc. ("Atlas"). The Department also resolved Atlas' concern about its ability to supplement service in the event it exhausts its allocation by indicating that Atlas could seek early access to the charter pool through the waiver procedures. Consequently, this is to advise the Department that Atlas accepts the allocation of 35 charters for the 1997/1998 charter year.
Counsel: Verner Liipfert, William Evans
Editor’s Note: Will be available as soon as the Docket Section scans the letter
Global Air Cargo, Inc. (Certificate of Public Convenience, Interstate All-Cargo)
OST-97-2683 | July 3, 1997
Application for a Certificate of Public
Convenience and Necessity
Global intends to commence revenue operations on or about September 1, 1997, operating one leased Boeing 747-100 all cargo aircraft. By January of 1998, Global will be leasing a second aircraft, B-747-200, and operating with these two aircraft for the remainder of its first full year of service. A principal focus of Global's operations will be that of wet leasing its aircraft on an ACMI basis to other carriers, foreign and domestic, and thereby providing a subservice for these carriers on their routes. A secondary focus of Global's operations will be that of developing and working with the growing and potentially significant air cargo market in North Carolina, where applicant has its corporate headquarters and where applicant will maintain its aircraft. Applicant has in fact already explored with certain large local freight forwarders the expanded use of charter air cargo transportation from the Raleigh, Greensboro and Charlotte markets and has reason to believe that these markets, never a principal focus for the major US all cargo carriers, enjoy significant growth potential. That so much of this cargo market is now trucked to airports in New York or Atlanta gives Global reason to believe that its plans to develop this market as a gateway have a more than reasonable chance of succeeding in the long term.
Cross Reference Index | Certification | EX-100 Certificate of Good Standing | EX-101 Certificate of Citizenship | EX-102 Directors, Officers and Key Management Personnel | EX-103 Financial Statements as of May 31, 1997 | EX-104 Forecast Balance Sheet and Related Financial Statements with Attached Notes | EX-105 Supplementary Schedule RE: Three Month Non-Revenue Calculations | EX-106 Supplemental Schedule RE: Pre-Operating Costs | EX-107 Evidence of Insurance Coverage | EX-108 Warsaw Convention Waiver | EX-109 Statement of Underwriters
Answers are due by July 31, 1997 – Subpart Q
Counsel: Allan Mendelsohn, 202-626-6296
HeavyLift Cargo Airlines, Ltd. (Notice of Action Taken)
OST-97-2638 | Posted July 3, 1997
Exemption from 49 U.S.C. 40109(g) to operate one one-way emergency cabotage flight, to transport one outsized spacecraft and related equipment, between Los Angeles, California, and Cape Canaveral, Florida, on or about July 4, 1997, on behalf of Hughes Space and Communications.
By: Charles Hunnicutt / Counsel: Lester Bridgeman, 334-432-1414
Kiwi International Air Lines, Inc. and Kiwi International Holdings, Inc. (Disclaimer of Jurisdiction or in the alternative, Transfer of a Certificate of Public Convenience)
OST-97-2684 | July 3, 1997
On July 10, 1997, the United States Bankruptcy Court for the District of New Jersey will hold a hearing to approve the sale of assets of "Kiwi" to KIH, pursuant to Section 363 of the Bankruptcy Code. Approval by the Bankruptcy Court will transfer virtually all of Kiwi's assets to KIH, including Kiwi's DOT certificate of public convenience and necessity. In order for New Kiwi to continue the operations of Old Kiwi and continue to provide air transportation service to the public without any interruptions, the Joint Applicants require either a disclaimer of jurisdiction or DOT approval of the transfer of Kiwi's certificate to New Kiwi pursuant to 49 U.S.C. §41105, on or before July 10, 1997.
KIH is a new company that has been formed by Dr. Charles Edwards, and incorporated under the laws of the State of Maryland. Approximately 98 % of the equity of KIH is held by Dr. Edwards. Dr. Edwards is a U.S. citizen as that term is defined under 49 U.S.C. §40102(a)(15)(B). Since November 1996, Dr. Edwards, through Edwards-Wasatch Enterprises, LLC, has provided $8.5 million (in cash and letters of credit) of the $10 million in debtor-in-possession (DIP) financing to Old Kiwi.
Exhibit A - Certificate of Public Convenience | Exhibit B - Dr. Edward's Compliance Questionairre | Exhibit C - Dr. Edward's Resume | Exhibit D - Order Issued by the US Bankruptcy Court, District of New Jersey Regarding Asset Sale | Exhibit E - List of Key Personnel for Kiwi | Exhibit F - Compliance Questionairres and Resumes | Exhibit G - Financial Information, July 14, 1997
Answers are due by July 31, 1997 – Counsel Asks that Answers be filed by Noon, July 8, 1997
Counsel: Kiwi and Shaw Pittman, JE Murdock, 202-663-8342 / Pitney Hardin, Peter Forgosh, 201-966-1945
Lineas Aereas Costarricenses, S.A. – LACSA (Exemption, US-Costa Rica)
OST-97-2682 | July 3, 1997
Requests an exemption from 49 U.S.C. 41301 and from any other provisions of Title 49 and the Economic Regulations of the Department as necessary to permit LACSA to engage in (i) the scheduled foreign air transportation of persons, properly and mail; and (ii) charter transportation of persons and cargo to the extent permitted by the Air Transport Agreement between the United States and Costa Rica.
Counsel: Squire Sanders, Robert Papkin, 202-626-6601
Philippine Airlines, Inc. / American Airlines, Inc. (Exemption, Manila-Chicago/Dallas/Miami/Washington, DC / Statement of Authorization, Code Share)
OST-97-2633 | Undocketed | July 3, 1997
Consolidated Answer of United
Air Lines
Although PAL is a designated airline of the Philippines, American is not a designated airline of the United States under the U.S.-Philippine bilateral agreement. Due to bilaterally-agreed limits on designations, American cannot be designated to operate services under the U.S./Philippines air services agreement. Therefore, the statement of authorization and exemption requested by American and PAL, respectively, are extrabilateral in nature.
A code share of the type proposed by American and PAL would produce benefits, particularly for those carriers, but benefits for the public from code sharing are fully realized only when carriers are able to offer code share services that compete with each other. Such competitive services offer the public additional choices that are not available under the sort of codeshare arrangements proposed by PAL and American which, under the present bilateral agreement, would be insulated from competition. In order to compete effectively with PAL, United and other U.S. carriers should be permitted to offer code-share services to points beyond Manila with any Philippine air carrier authorized to serve those points, whether or not that Philippine carrier is designated under the U.S.-Philippine air services agreement.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
Sunworld International Airlines, Inc. (Certificate of Public Convenience, US-Cayman Islands)
OST-96-666 and OST-95-667 | July 2, 1997
For whatever reason Sunworld could not or would not fly that day is a mystery, however, the passengers had the right to know what was going on. These clients paid for their packages and Sunworld had an obligation to the passengers and that was not filled. In my personal opinion, the DOT should not renew Sunworld's application because this airline should not be flying passengers. This airline did not take responsibility for its action, and therefore should not be serving the public. This airline has not reimbursed the clients their money and worse yet, they-did not apoligize to the clients for their actions.
We think what Sunworld did on March 8, 1997, represents the height of total disdain for rights and interest of the traveling public. As a result of this incident, we do not think Sunworld is the type of carrier the Department of Transportation should authorize to continue serving the public.
Answer of Student Adventure
Travel
On three dates in March of 1997, Student Adventure Travel had purchased over eighty seats from Vacation Travel International based out of Denver, Colorado. Vacation Travel International has been our company's main supplier of packages for war clients. Up until this point, we had 100% confidence in them. Sunworld has changed our opinion. Sunworld was providing the aircrew for our passengers from Kansas City to Mazatlan, Mexico. Vacation Travel International's staff serviced the airport and explained that Sunworld's aircraft inexplicably departed frown Kansas City without boarding a single passenger.
Last March we sent several groups of college students from Kansas City to Mazatlan on a springbreak trip booked with Student Express. These clients of ours were a few of the 170 passengers who were stranded in Kansas City for two days while Student Express scrambled to find another flight for these kids.
Editor’s Note: Answers available as soon as the Docket Section scans the documents
1997 Brazil Combination Service / Delta Air Lines, Inc. (Modify, Suspend or Revoke Certificate Authority Authorizing Continental Airlines to Provide Newark-Rio de Janeiro Foreign Air Transportation)
OST-97-2016 | OST-97-2680 | July 3, 1997
Having prevailed in the contested DOT carrier-selection proceeding, Continental now plans to abandon the service that it had promised to New York/Newark-Rio de Janeiro passengers. Continental's actual published schedules for Newark-Rio de Janeiro materially differ from the schedules proposed by Continental in the route case and on which the Department premised its award. Instead of utilizing two aircraft to serve Newark-Rio de Janeiro, with traditional prime-time evening departures in both directions, Continental will use only one airplane. With only one airplane, Continental is incapable of evening departures in both directions, forcing it to operate a southbound departure from Newark in the morning, a departure time which long-haul travelers to South America do not prefer. Thus, Continental's actual schedules provide a Newark southbound departure at 9:45 am instead of 9:55 p.m.
DL-1 | DL-2 | DL-3 | DL-4 | Service List
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Agreements Adopted by the Traffic Conferences of the International Air Transport Association
OST-96-1550 | July 3, 1997
Members are referred to Memorandum TC2 Rates 0359 dated 28 June 1996 which circulated the TC2 Europe-Middle East Specified Rates Tables intended for effect 1 October 1996 and are requested to note the following technical correction.
Counsel: IATA, David O’Connor, 202-624-2977
Notice of Approval of IATA Agreement(s)
OST-97-2655 | Date Filed: 6/26/97 | Date Approved: 7/3/97
OST-97-2670 | Date Filed: 6/30/97 | Date Approved: 7/2/97
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