OST Docket Filings for August 5, 1997
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OST Docket Filings for August 5, 1997
American and British Airways (4) | Fast Air | Omni Air Express | Sunworld | US Airways
Notices of Action Taken:
Notices and Orders:
Air Nevada | Augusta/Bar Harbor/Rockland, ME / Keene, NH / Rutland, VT | Carnival
Served August 5, 1997
Notice of Trade Name
Registration
On July 15, 1997, Air Nevada Airlines, Inc., a certificated air carrier, filed, pursuant to 14 CFR Part 215, a notice of its intent to register the trade name "Pacific Wings" for use in certain of its operations. At the same time, the carrier stated that it desired to relinquish use of the trade name "Alit Air," which it had registered on January 22, 1996.
By: John Coleman
American Airlines, Inc. and British Airways Plc (Antitrust Immunity)
OST-97-2058 | August 5, 1997
Motion for Leave to
File and Consolidated Reply of British Airways
to Answers of TWA, United, City of Houston and Delta (OST-97-2058 and OST-96-1700, American and TACA)
As for the requested evidentiary hearing, British Airways suggests that the only purpose of such a hearing can be to delay this proceeding unnecessarily. Certainly there is no additional relevant information that would be produced by such a hearing. The extensive evidence requested and produced already provides a more than adequate record for the Department's consideration of this matter.
Counsel: British Airways and Sullivan Cromwell, Mark McCall, 202-956-7500
Consolidated Answer of Continental
Airlines
The Joint Applicants' brazen attempt to deny interested parties access to clearly relevant material shows precisely why the Department must set this case for a full, oral evidentiary hearing. Simply ordering the Joint Applicants to comply with the Department's previous orders for production of all relevant documents for review by interested parties will not guarantee a full and fair airing of all public interest and competition issues in this unprecedented case. As TWA has recently explained, the documentary record can be manipulated by the Joint Applicants, and only oral testimony, subject to cross examination, can fully answer the key issues raised by the Joint Applications. These issues include the motive for and strategic goals of the Joint Applicants in this and related alliances and investments, additional alliances and investments contemplated by the Joint Applicants and the availability of less anticompetitive alternatives.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2500
Consolidated Answer of United
Air Lines
The documents containing relevant information which American and BA seek to exclude fall into four broad categories: other potential alliance partners, impact of slot divestiture, impact on competition and materials prepared for U.K. regulators. In addition, American and BA now attempt to exclude recent versions of documents they have previously filed under Rule 39. Each of these categories of excluded documents and data is considered separately below.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
Consolidated Answer of US
Airways, Inc.
As demonstrated above, the overwhelming majority of the documents that American and British Airways seek to obscure from necessary scrutiny in this proceeding are unquestionably relevant. The Joint Applicants have demonstrated no reason why the Department should exempt clearly relevant documents from review, subject to the protections of Rule 39. These procedures have repeatedly proved effective in maintaining the strictures of confidentiality while at the same time affording interested parties the opportunity to participate meaningfully in a proceeding of immense importance to them.
Counsel: US Airways and Zuckert Scoutt, Richard Mathias, 202-298-8660
Augusta/Waterville, Bar Harbor, Rockland, Maine / Keene, New Hampshire / Rutland, Vermont (EAS)
Order 97-8-5 | OST-97-2784 | Issued August 5, 1997 | Served August 11, 1997
By this order, the Department of Transportation is setting final annual subsidy rates for Colgan Air, Inc., d/b/a Continental Connection, for its provision of essential air service at Keene, New Hampshire, Rutland, Vermont, and Augusta/Waterville, Bar Harbor and Rockland, Maine, for the period from October 1, 1997, or when the new service pattern is implemented, whichever is later, through December 31, 1998, at the Maine communities and through June 30, 1998, at Keene and Rutland.
Appendix A | Appendix B | Appendix C
By: Charles Hunnicutt
Carnival Air Lines, Inc. (Violations of 49 USC 41712, 14 CFR Part 399, and Order 96-8-11
Order 97-8-4 | Issued and Served August 5, 1997
This is not the first time that Carnival has violated section 399.84. We resolved a previous violation by means of a Consent Order—Order 96-8-11— issued on August 8, 1996. 2 Under the consent order, Carnival agreed to an assessed civil penalty of $10,000. Of that penalty amount, Carnival paid $5,000 in August 1996. The remaining $5,000 was suspended for one year from the date of the order's issuance and was to be forgiven under the order's terms if Carnival did not violate the order's cease and desist provisions during that year. Thereafter, on February 11, 1997, the Enforcement Office wrote to Carnival stating that the carrier violated the cease and desist provisions of Order 96-8-11 and 14 CFR 399.84 when it published advertisements on the Internet that failed to list applicable passenger facility charges (PFC's). Carnival paid the remaining $5,000 civil penalty on February 20, 1997. At the time, the Enforcement Office deferred action with that payment and a warning that enforcement action would be undertaken should another violation take place.
By: Rosalind Knapp
Fast Air Carrier, S.A. (Exemption Renewal to Served Buenos Aires as an Additional Intermediate Point)
OST-96-1667 | August 5, 1997
Application for Renewal
of Exemption
The air transportation services contemplated by this renewal application are covered by the Air Transport Agreement Between the Government bathe United States of America and the Government of the Republic of Chile dated May 10, 1947 and which entered into force on December 30, 1948. The Agreement provides that designated Chilean carriers may operate from "Chile via intermediate points to Miami, Houston, New York and Los Angeles and beyond the United States of America from Miami and/or New York. The Approved Route is clearly within the scope of the Agreement. Fast Air's existing permit for the Approved Route is evidence that Fast Air is a designated Chilean Carrier. Moreover, the Aviation Authorities of Chile and Argentina entered into an Agreement dated August 13, 1996 providing for unlimited cargo service between both counties and between other territories in the American Continent.
Answers are due by August 19, 1997
Counsel: Aballi Milne, Ana Maria Escagedo, 305-373-6600
Omni Air Express, Inc. (Fitness)
OST-97-2750 | August 5, 1997
Re: Supplement No. 2 to
Updated Fitness Information
Further to our telephone conversation of today, we are correcting errors in the first and second quarters of OAX's net income for 1997 contained in Supplement No. 1 filed on August 1, 1997. As shown therein, those amounts were based upon actual quarterly results and provided a partial foundation for OAX's forecast of 1997 net income from 727 cargo operations. The corrected quarterly net profit amounts in this Supplement No. 2 coincide with OAX's Form 41 reports for the six months ended June 30, 1997. The effect of the change upon the above forecast is to reduce it from $2.2 million to $2.0 million.' The corrected amounts are shown in attached Exhibit G (1st Revised).
Exhibit G 1st Revised – Income from Cargo Operations
Counsel: Boros Garofalo, Gary Garofalo, 202-822-9070
Pacific International Airlines, S.A. (Notice of Action Taken)
OST-96-1864 | Posted August 5, 1997
Exemption and Statement of Authorization to permit Pacific International to wet lease B-727-100 freighter equipment to Cayman Airways for all-cargo operations between the Cayman Islands and Miami through October 11, 1997
Counsel: Robert Papkin and Charles Donley, 202-626-6601
Sunworld International Airlines, Inc. (Certificate of Public Convenience Renewal, US-Cayman Islands)
OST-95-666 | OST-95-667 | August 5, 1997
Reply of Sunworld
International to the Surreply of Sun Pacific
International
On July 25, 1997, Sun Pacific International, Inc. ("Sun Pacific") filed a surreply and an accompanying motion to file an unauthorized document in this proceeding. While Sun Pacific did not object to Sunworld's pending application for renewal of its Certificates of Public Convenience and Necessity, it did make certain assertions that Sunworld takes issue with as a factual matter, and that should be brought to the Department's attention for the purposes of further clarifying the record in this proceeding.
Counsel: Winthrop Stimson, John Gillick, 202-775-9800
US Airways, Inc. (Exemption, Baltimore/Washington; Charlotte; Philadelphia-St. Maarten)
OST-95-554 | August 5, 1997
Answer of The City
of Philadelphia
Philadelphia fully supports US Airways' exemption renewal application to operate nonstop scheduled foreign air transportation between, inter aiia, Philadelphia and St. Maarten. Nonstop service from Philadelphia to St. Maarten -- and other Caribbean points -- is important to the Philadelphia region. Currently US Airways is the only carrier offering nonstop service in the Philadelphia-St. Maarten market.
Counsel: Galland Kharasch, Morris Garfinkle
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