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OST Docket Filings for January 12, 1999 |
Last Updated 01/13/99 11:01 AM
Letters in Support of Delta's Service Proposal Added 1/13
Applications and Renewals:
Aeromexico - Renewals | American - Correction to JAL Codeshare | Czech - O'Hare Slots | Delta - Atlanta-Istanbul
Answers and Replies:
Love Field - Petition of City of Fort Worth & DFW | US-Italy - Delta Letters in Support
Notices of Action Taken:
Continental | Delta | JAS | TACA
Notices and Orders:
EAS at Augusta/Waterville, Bar Harbor & Rockland, ME, & Rutland, VT | EAS at May Creek, McCarthy & Gulkana, AK
Aerovias de Mexico, S.A. de C.V.
| OST-97-2062 | January 12, 1999 | Cozumel-Miami | |
| Service List |
Aeromexico is currently providing service in the market via Cancun, but is interested in retaining the authority, so it may initiate non-stop service when economic conditions warrant.
| OST-97-2082 | January 12, 1999 | Cancun-Dallas | |
| Service List |
Aeromexico currently is offering roundtrip nonstop service in the market on Tuesdays and Fridays, with DC-9 aircraft
Counsel: Verner Liipfert, William Evans, 202-371-6030
| OST-99-4994 | January 12, 1999 | US-Japan-Beyond; Codesharing with JAL |
In the captioned application submitted on January 11, 1999, footnote 1 on page 1 should be changed to read as follows:
"American presently holds certificate authority to operate between Dallas/Ft. Worth and Tokyo (Route 517), between Seattle and Tokyo (Route 550), between San Jose and Tokyo (Route 5633), and between New York,/Chicago/Boston and Tokyo and Dallas/Ft:. Worth and Osaka (Route 752)."
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
| OST-98-4929 | Filed December 16, 1998 Issued January 12, 1999 |
US-Budapest |
Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and Budapest, Hungary. Continental requires this authority in order to obtain commercial rights under the U.S.-Hungary Air Transport Agreement to sell airline tickets in Hungary and to convert and remit revenues there. Continental does not plan to begin any U.S.Hungary services at this ffme. Continental requested that the authority be granted for an indefinite period.
By: Paul Gretch
| OST-99-4998 | January 12, 1999 | Prague-Chicago O'Hare | |
| Service List |
On January 5, 1999, CSA filed with the Federal Aviation Administration (FAA) a request for the twice weekly slots at O'Hare. From its previous operations to O'Hare, CSA was and remains aware that it should have requested slots for the 1999 summer season no later than October 15, 1998. However, it was not until this month that CSA was able to finalize plans for obtaining one additional Airbus A310-300 and, as a consequence, CSA was unable to make its request in a more timely manner. Nevertheless, and following its request of January 5, 1999, CSA was advised by the FAA on January 6, 1999 that its request was not timely, that in any event the FAA had no slots to allocate, and that, to obtain its requested slots, CSA was required to file this Application with the Department of Transportation (DOT) seeking those slots. CSA has thus exhausted all available procedures for slot acquisition. CSA is not proposing to introduce a new service but merely to resume a service that it operated for four years but was forced to curtail in 1996 because of equipment problems. In addition, CS'A holds a foreign air carrier permit, issued pursuant to Order 96-10-46, specifically authorizing CSA to operate air services between Prague and Chicago.
Counsel: Allan Mendelsohn, 202-778-1233
| OST-97-3124 | Filed December 21, 1998 Issued January 12, 1999 |
Atlanta-Lima |
Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Lima, Peru, and to combine this authority with its existing certificate and exemption authority. Delta has requested the authority for an indefinite duration. Renew allocation of seven weekly U.S.-Peru combination frequencies to operate the above service.
By: Paul Gretch
Delta Air Lines, Inc.
| OST-99-4997 | January 12, 1999 | Atlanta-Istanbul | |
| Exhibit DL-1: Map of Service Proposal | |||
| Exhibit DL-2: Schedule | |||
| Exhibit DL-3: Operating Statistics | |||
| Service List |
Beginning on or about June l, 1999, Delta plans to operate scheduled nonstop roundtrip service between Atlanta and Istanbul. Delta will operate this service three times per week on a seasonal basis using McDonnell Douglas MD-l1 aircraft or other suitable aircraft from Delta's fleet as market circumstances warrant. Pursuant to its existing certificate authority, Delta currently offers nonstop service between New York (JFK) and Istanbul. Delta will shortly file an application requesting that its certificate authority conform to the liberal rights available to U.S. carriers under the U.S.-Turkey bilateral agreement.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060, robert_cohn@shawpittman.com
Essential Air Service at Augusta/Waterville, Bar Harbor, and Rockland, Maine, and Rutland, Vermont
| Order 99-1-2 OST-97-2784 |
Issued January 7, 1999 Served January 11, 1999 |
EAS - Colgan Air |
By: Charles Hunnicutt
Essential Air Service at May Creek, McCarthy and Gulkana, Alaska
| Order 99-1-3 OST-96-2009 OST-95-492 |
Issued January 8, 1999 Served January 12, 1999 |
EAS - Ellis Air Taxi |
By: Charles Hunnicutt
Japan Air System Company, Ltd.
| OST-95-814 | Filed December 15, 1998 Approved January 12, 1999 |
Tokyo-Hawaii |
JAS applied and received exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Tokyo, Japan, and Honolulu, Hawaii, and charters subject to Part 212 of the Department's rules.
By: Paul Gretch
Love Field Service Interpretation Proceeding
| OST-98-4363 | January 12, 1999 | Love Field | ||
| Exhibit A: Final Judgement |
DFW Airport specifically requests that the Department reconsider the validity of its rulings on three federal law issues as set forth in sub-rulings (i), (ii), and (iii) of the Concluding Paragraph 1 at pages 61-62 of that Order. These issues were previously decided by District Judge Bob McCoy in City of Fort Worth. Texas v. City of Dallas. et al., Tarrant County District Court No. 48-171109-97 ("Fort Worth case"). The Department's rulings are directly contrary to the validly issued rulings in that state court case, which rulings, consistent with 28 U.S.C. § 1738, must be given full faith and credit by a federal administrative agency such as the DOT. Town of Deerfield N.Y. v. FCC, 992 F.2d 420 (Fd Cir. 1993). Accordingly, DFW Airport requests that DOT, in light of the state court decision, vacate sub-rulings (i), (ii), and (iii) because those rulings are inconsistent with Judge McCoy's December 16, 1998 Final Judgment in the Fort Worth case.
Counsel: Bagileo Silverberg, Michael Goldman, 202-944-3305 & Shannon Gracey, RH Wallace, 817-336-9333
| OST-98-4363 | January 12, 1999 | Love Field | ||
| OST-98-4363 | Love Field |
It is also no excuse that Fort Worth has obtained limited discovery from Legend and Continental. Several critical ex parte communications between the Department and those parties have "disappeared". Among the missing items is a June 28th draft of the Department's response to oral questions posed to it by Continental Express', which was sent by Tom Ray to Rebecca Cox, lobbyist for Continental. Although Rebecca Cox testified she received the letter from Tom Ray on June 28, 1998, Continental claims the document has been lost. As a result, if Fort Worth is to obtain this key evidence, it must be from the Department.
Because the Department intimated that its decision might be different if evidence was presented on certain issues, the City of Fort Worth joins with the DEW Airport Board in petitioning the Department for a reconsideration of this matter in light of the evidence referenced in the DEW Airport Board's Petition for Reconsideration. Alternatively, Fort Worth petitions the Department for a hearing. With a full understanding of the parameters of this proceeding, Fort Worth will present evidence supporting its position that the longstanding limitations on Love Field are necessary for the public convenience and safety of the Dallas-Fort Worth area.
Counsel: City of Fort Worth and Kelly Hart, Dee Kelly, 817-332-2500
TACA International Airlines, S.A.
| OST-98-4340 | Filed December 11, 1998 Issued January 12, 1999 |
Belize City-Miami |
Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination services between Belize City, Belize, and Miami, Florida.
By: Paul Gretch
1999 U.S.-Italy Combination Service Case
| OST-98-4854 | January 12, 1999 | 1999 US-Italy Service Case | |
Letters in Support Added 1/13 |
Letters in Support |
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060, robert_cohn@shawpittman.com
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