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OST Docket Filings for January 29, 1999 |
Last Updated 02/01/99 11:38 AM
Applications and Renewals:
None
Answers and Replies:
Notices of Action Taken:
Aeromar | Aeronem | Cargolux | Delta and Aeromexico - Corrected Copy | United and Mexicana
Notices and Orders:
Sobelair - Consent Order
| OST-96-1926 | January 29, 1999 | Motion of Accessair for Waiver of Stay of Effective Authority |
Certificate of Public Convenience and Necessity |
AccessAir Holdings, Inc., respectfully moves the Department to waive the six-day stay of effectiveness following the Department's review and approval of the remaining materials submitted in connection with the Certificate of Public Convenience and Necessity for Interstate Air Transportation issued in the instant docket on July 1, 1997.
Counsel: Wilmer Cutler, Jeffrey Shane, 202.663.6000
Aerovias Nacionales Ecuatorianas Manabitas, S.A. (ARONEM)
| OST-95-713 | Filed October 6, 1995 as amended December 23, 1998 Issued January 29, 1999 |
Notice of Action Taken |
Ecuador-U.S. All-Cargo |
Exemption from 49 U.S.C. 41301 to conduct charter foreign air transportation of property and mail between Ecuador and the United States, and other al1-cargo charters pursuant to 14 CFR 212 of the Department's regulations. In keeping with our policy in granting carriers of Ecuador charter authority, ARONEM shall not perform any Third or Fourth Freedom charters unless specific authority in the form of a statement of authorization for such charter(s) has been granted by the Department. ARONEM shall file applications for such statements of authorization at least 30 days before the charters involved.
By: Paul Gretch
American Airlines, Inc. and Japan Airlines Co., Ltd.
| OST-99-4994 Undocketed |
January 29, 1999 | Joint Reply of American and Japan Airlines |
US-Japan Reciprocal Codesharing |  HTML |
United does not object to the proposed American/JAL arrangement, nor does United raise any issues of substance. Instead, United has merely offered a gratuitous and totally unnecessary commentary on several procedural matters that the Department, in the course of granting the American/JAL applications, is surely capable of handling without United's intrusion. Indeed, United itself enjoys an approved codesharing relationship with All Nippon Airways, which the Department approved on August 7, 1998 under the same bilateral provisions applicable to the American/JAL arrangement, and which no one saw any need to answer.
Counsels: Steptoe & Johnson, William Karas for JAL, 202.429.6223 and Carl Nelson, Jr. for American Airlines, 202.496.5647
Cargolux Airlines International, S.A.
| OST-98-4944 | Filed December 22, 1998 Issued January 28, 1999 |
Notice of Action Taken |
U.S. and any Point(s) All-Cargo |
Exemption from 49 USC section 41301 to permit the applicant to conduct all-cargo charter operations between the United States and any point or points, for a period of one year; and waiver under 14 CFR 212.12 from the requirement of 14 CFR 212.9(b)(1) that the carrier obtain prior Depardnent approval before operating Fifth-Freedom cargo charters that are encompassed under the United States-Luxembourg Air Transport Agreement, as amended, for the duration of the exemption authority.
By: Paul Gretch
| OST-97-3289 Undocketed |
Issued January 27, 1999 | Corrected Notice of Action Taken |
US-Mexico Codesharing |
Corrected to reflect the proper date of the agreement as January 26, 1999, rather than 1998.
By: Paul Gretch
| Order 99-1-14 | Issued and Served January 28, 1999 | Consent Order |
Violations of 49 U.S.C. 41708 | Cease and Desist from Future Violations |
| Attachment |
The Department uses carriers' reports to monitor carrier fitness and ownership, to analyze the effects of air transportation industry policy initiatives, to allocate airport development funds, to forecast traffic, and to develop airport and airway traffic policy. In mitigation, Sobelair acknowledges that it did not file the required reports. It attributes its failing to do so to a misunderstanding between itself and its corporate parent as to which entity would file the reports. As a result of this incident, it has clearly assigned the reporting responsibility to a specific department within its own organization. It has not conducted any operation to or from the United States since October 17, 1997, but it states that it will comply with all reporting requirements and with the Department's request that the Office of Airline Information be informed in advance of the resumption of charter operations to and from the United States. In addition, Sobelair points out that when the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings (Enforcement Office) brought Sobelair's delinquencies to the attention of the carrier's counsel, Sobelair took immediate action toward bringing the carrier's reporting into compliance. Sobelair consents to the issuance of an order to cease and desist from future violations of 49 U.S.C. 41708 and Parts 217 and 250 of the Department's regulations and to the assessment of $15,000 in compromise of potential civil penalties. Of this total penalty amount, $7,500 shall be due and payable within 15 days of the issuance of this order. The remaining $7,500 shall be suspended for one year following the issuance of this order, and then forgiven, unless Sobelair violates this order's cease and desist provision within that one-year period, or fails to comply with the order's payment provisions, in which case the entire unpaid portion of the $15,000 penalty shall become due and payable immediately, and the carrier may be subject to further enforcement action.
By: Rosalind Knapp, Deputy General Counsel
Transportes Aeromar, S.A. de C.V.
| OST-95-379 | Filed October 29, 1997 Issued January 29, 1999 |
Notice of Action Taken |
Chihuahua, Monterrey, San Luis Potosi, Guadalajara, Puerto Vallarta and Manzanillo, Mexico and Houston, Texas |
Exemption from 49 USC section 41301 to permit the applicant to conduct, using small equipment, the following operations -- A) scheduled, combination services between: 1) the coterrninal points Chihuahua, Monterrey, San Luis Potosi, Guadalajara, Puerto Valiarta and Manzanillo, Mexico, and the terminal point San Antonio, Texas; and 2) the coterminal points Monterrey, Puebla, and Queretaro, Mexico, and the terminal point Houston, Texas; and B) charter operations between Mexico and the United States.
By: Paul Gretch
United Air Lines and Compania Mexican De Aviacion
| OST-97-3237 | Issued January 29, 1999 | Notice of Action Taken |
Los Angeles and Chicago; Huatalco, Mexoco via Mexico City (Codeshare with Mexicana) |
Exemption for United under 49 U S. C §40109 to provide the following service: Scheduled foreign air transportation of persons, property and mail between Los Angeles and Chicago, on the one hand, and Huatulco, Mexico, on the other hand, via Mexico City under a code-share arrangement with Mexicana.
Statement of Authorization for Mexicana under Part 212 to: Permit Mexicana to display United's airline code on flights operated by Mexicana between Mexico City and Huatulco, for the carriage of United's traffic moving between Los Angeles and Chicago, on the one hand, and Huatulco, Mexico, on the other hand beyond via Mexico City.
In regard to American's answer, we noted that on January 26, 1999, the United States and Mexico signed an ad referendum agreement on bilateral code-share services that significantly expands the operations that can be conducted, including the beyond-gateway code-sharing services at issue here. In these circumstances, we determined that the grant of the requested authority for the beyond-Mexico City code-share services was in the public interest.
By: Paul Gretch
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