Motion of Delta Air Lines
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OST Docket Filings for January 8, 1999 |
Last Updated 01/10/99 04:47 PM
Applications and Renewals:
Bahamasair | Continental Micronesia - Japan Dormancy | Eastwind | HeavyLift | IATA | Iberia - O'Hare Slots | JTA
Answers and Replies:
American and Aeropostal | 1998 US-Brazil Combination Service Proceeding - Objections of Delta, UAL
Notices of Action Taken:
None
Notices and Orders:
None
1998 U.S.-Brazil Combination Service Proceeding
| OST-98-3863 | January 8, 1999 | Motion of Delta Air Lines |
1998 US-Brazil Combination | HTML |
| OST-98-3863 | January 8, 1999 | Objections of Delta Air Lines |
1998 US-Brazil Combination | HTML |
| Exhibits: Continental's Load Factors Schedule |
The economically rational solution would be for Continental to use 7 of its current 14 weekly frequencies to establish nonstop service at Houston and to combine its two money-losing Newark flights into a single healthy operation by serving Sao Paulo and Rio de Janeiro as coterminal points (as Delta currently does on its profitable Atlanta-Brazil service). Delta's attached exhibits indicate that by combining the two economically weak Newark nonstops into a single flight serving both Brazil cities, Continental would be able to operate Newark-Brazil service at viable load factors. This would strengthen and enhance Continental's Brazil position by allowing it to stem the flow of substantial losses at Newark and initiate service at Houston.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060
| OST-98-3863 | January 8, 1999 | Objections of United Air Lines |
1998 US-Brazil Combination | HTML |
Although the Department has proposed to allow United to use the seven available frequencies for Los Angeles-Sao Paulo service on an interim basis, the temporary allocation as proposed would effectively limit United to only about 6 months of service. Such a short term for interim services is wholly inadequate. In order to justify the substantial investment of resources to develop this route in competition against the foreign carriers at Los Angeles, United would need an interim allocation of two years. That is, of course, only a few months more than the 18 month delay Continental originally said it needed before it would be ready to start service at Houston. In these circumstances, United is not prepared to start Los Angeles-Sao Paulo services as the interim allocation now stands. United urges the Department in its final order to select United as the primary carrier and allocate to it the seven weekly U.S.-Brazil frequencies to operate Los Angeles-Sao Paulo services. In the alternative, United urges that, if Continental's tentative selection is allowed to stand, United be allocated the frequencies for a two-year interim period to extend from the date of the final order. That interim allocation should be made immediately on a pendente lite basis to avoid the delay entailed by a review of the final order issuing certificates of public convenience and necessity under 49 U.S.C. §41307. Finally, United urges that as part of its alternative relief; the Department name United as backup carrier in place of Delta.
Counsel: Kirkland & Ellis, Jeffrey Manley, 202.879.5161
American Airlines, Inc. and Aeropostal Alas de Venezuela, C.A.
| OST-98-4917 OST-98-4911 Undocketed |
January 8, 1999 | Motion for Additional Time to Reply to Answers of Alas
Intl Ltd and Aerovias Venezolana |
Requests Extention until January 20, 1999 to Respond |
Since the issues raised by Alas in its Answer require a detailed response involving a complete summary of the status of the Venezuelan, Dominican and New York legal proceedings referred to by Alas and since the seven (7) day answer period ran over the seasonal holiday period, a response by January 8 will not be possible. To enable a complete response to be filed, an extension until January 20, 1999 is therefore requested. This extension will enable complete and detailed affirmations to be prepared by the appropriate litigation counsel summarizing the Venezuelan, Dominican and New York legal proceedings to enable Aeropostal to respond to the charges of Alas and Avensa.
Counsel: Pierre Murphy for Aeropostal, 202.872.1679
| OST-98-4714 | January 8, 1999 | Application for Amendment of Exemption Authority |
To Serve Providenciales, Turks & Caicos Island as Coterminal Point w/Grand Turk |
| Service List | |||
| Exhibit 1: Letter in Support from Government Tourist Bd. |
In addition to this new Miami-Grand Turk service, Bahamasair has been asked by the Government of the Turks & Caicos Islands to provide service between Miami and Providenciales. At present, only American Airlines provides scheduled service between Miami and Providenciales, operating two daily round-trip flights. The Government of the Turks & Caicos Islands has asked Bahamasair to supplement American's existing service so that the demand for air transportation between Miami and Providenciales, particularly during peak travel periods, may be fully accommodated. Bahamasair proposes to serve Providenciales as a coterminal point on its Miami-Grand Turk service. Accordingly, Bahamasair plans initially to operate two round-trips per week over the following route: Miami-Grand Turk-Providenciales-Miami. As indicated in Bahamasair's exemption application filed in this docket on November 4, 1998, Bahamasair will use Boeing 737 aircraft.
Counsel: Hogan & Hartson L.L.P., George U. Carneal for Bahamasair, 202.637.6546
| OST-98-3419 | January 8, 1999 | Application for a Waiver |
90-Day Dormancy Condition Service between Honolulu and Tokyo |
| Service List |
Continental Micronesia applies for a waiver of the 90-day dormancy condition applicable to its allocation of five weekly frequencies for service between Honolulu, Hawaii, and Tokyo, Japan, awarded in the 1998 U.S.-Japan Combination Service Proceeding. Continental Micronesia asks that the dormancy condition for its Honolulu-Tokyo frequencies be waived until such time as Continental
Counsel: Crowell & Moring LLP, R. Bruce Keiner, Jr., 202.624.2615, rbkeiner@cromor.com
| OST-99-4979 | January 8, 1999 | Application for an Exemption |
LGA - DCA & LGA - BOS | HTML |
| Exhibit 1: Proposed Eastwind Service Schedules | ||||
| Exhibit 2: Existing Service Schedules (Delta/US Airways) | ||||
| Exhibit 3: Comparative Fare Information | ||||
| Exhibit 4: Market Share Information | ||||
| Service List |
Eastwind's application meets every requirement established by law and every criterion established by the Department for the grant of an exemption from the High Density Rules. Accordingly. Eastwind respectfully requests slots to permit five round trip operations at LaGuardia. less than one percent of the take-off and landing slots available at that airport. If granted, the Department's provision of these rights would greatly enhance competition in one of the highest volume, highest fare markets in the U.S where no price competition currently exists. Granting the exemption would have no adverse effect on LaGuardia -- the award would largely result in the substitution of Eastwind's operations for the already authorized backup operations of the existing shuttles - and no new environmental impact statement would be required. For thesereasons, Eastwind respectfully requests that its exemption application be granted.
Counsel: Salisbury & Ryan LLP, Patrick Salisbury, 212.977.4660
| OST-99-4978 | January 7, 1999 | Application for Exemption |
Seattle, Washington - Mojave, California |
| Boeing's Letter in Support |
A grant of this application would be consistent with the public interest, particularly in light of the fact that the delivery of the Joint Strike Fighter wing is essential to the timely completion of an important National Defense project. The application otherwise meets all relevant criteria under 49U.S.C. 40109(9) in that the use of HeavyLift's AN124-100 aircraft is the only option that would avoid undue hardship to the shipper and its customer that would result from delay. Surface transportation is not feasible. Airtransportation by U.S. certificated carrier is not possible, and the facts above stated demonstrate an emergency not occurring in the ordinary course of business.
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
Iberia Lineas Aereas de Espana, S.A.
| OST-99-4981 | January 8, 1999 | Application for Exemption |
Exemption High Density Rule O'Hare Slots |
| Service List | |||
| Exhibit: Iberia's JFK and ORD Slots |
On September 1, 1998, Iberia inaugurated a daily nonstop roundtrip service between Chicago and Madrid using Stage 3 Airbus A-340-300 aircraft. Until then, there had been no nonstop or through-plane service between Chicago and Madrid. With a daily arrival at 1405 and eastbound departure at 1655, Iberia's flights are conveniently timed to meet connecting flights in both directions. Iberia obtained the slots it is using at O'Hare for the current: winter season by exemption pursuant to 49 U.S.C. 41714 (b)(1). See Order 98-10-12. By this application, Iberia requests a like exemption for the 1999 summer season to enable it to continue providing its valuable nonstop through-plane service between Chicago and Madrid. Arrivals and departures for the 1999 summer season will be at the same times as the present ones, i.e., 1405 and 1655, respectively. Iberia thus will need one arrival and one departure slot at the times indicated.
Counsel: Steptoe & Johnson LLP, William Karas, 202.429.6223
Japan TransOcean Air Co., Ltd.
| OST-99-1982 | January 8, 1999 | Application for Exemption |
Codeshare Services w/JAL |
| Service List | |||
| Attachment: Income Statement |
On January 7, 1998, JTA and JAL submitted a joint request: for a statement of authorization to codeshare on a daily roundtriip service operated by JAL between Tokyo and Guam commencing February 1, 1999 for a minimum duration of one year. The instant application is submitted to establish JTA's fitness to provide codeshare-only service under section IV.D, and to secure underlying operating authority to the extent such authority may be necessary. Neither a family assistance plan nor submission of passenger manifest information is required here because JTA will be providing codeshare service as a marketing carrier only and will not otherwise be operating a "covered flight segment,' within the meaning of 14 C.F.R. Part 243.
Counsel: Steptoe & Johnson LLP, William Karas, 202.429.6223
International Air Transport Association
| OST-99-4983 | January 8, 1999 | Application for Approval of Agreements | PTC/123 Telex Mail Vote 982 |
By: David O'Connor, 202.624.2977
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