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OST Docket Filings for February 9, 1999 |
Last Updated 02/10/99 12:33 PM
Applications and Renewals:
American and Qantas | Federal Express - Form 41 | United - US-Germany/Namibia Codeshare
Answers and Replies:
Expanded Air Services at Alaska Intl Airports
Notices of Action Taken:
Aero Taxi del Centro | America West | Spirit | Taxi Aereo
Notices and Orders:
US-Romania Third Country Codeshare
Aero Taxi del Centro de Mexico, S.A. de C.V.
| OST-96-1866 | Filed December 29, 1998 Issued February 9, 1999 |
Mexico-US Charters |
Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment.
By: Paul Gretch
| OST-95-736 | Filed January 19, 1999 Issued February 9, 1999 |
Phoenix-San Jose del Cabo/Mazatlan/Mexico City/Puerto Vallarta/Manzanillo/Acapulco; Las Vegas-Mexico City |
By: Paul Gretch
American Airlines, Inc. and Qantas Airways Limited
| OST-99-5007 Undocketed |
February 9, 1999 | Non-Exclusive Codesharing | |
| Service List |
In response to an inquiry from the Department's staff, American Airlines, Inc. and Qantas Airways Limited hereby state that their codesharing arrangement is non-exclusive. Section 9.1 of their Code Share Agreement of September 15, 1995 provides that "[t]his Agreement is non-exclusive and does not preclude either party from entering into and maintaining marketing relationships, including code-sharing, with other airlines." American and Qantas request immediate and favorable action on their unopposed applications, submitted on January 14, 1999, for authority to expand their codesharing arrangement (OST-99-5007 and undocketed).
Counsels: Roller & Bauer, PLLC, Moffett Roller for Qantas, 202.331.3300 and Carl Nelson, Jr. for American, 202.496.5647
Expanded Air Services at Alaska International Airports
| OST-99-5035 | February 9, 1999 | Expanded Air Services at Alaska International Airports |
In conclusion, the State of Alaska believes the regulatory actions proposed in the Order to Show Cause are fully consistent with past actions of the Department and with the trade and transportation liberalization policies of the United States. The State of Alaska agrees that these two regulatory actions should help address the special needs of Alaska tor expanded air service opportunities and looks forward to continued discussions with the Department to address remaining additional concerns. In furtherance of the goals set out in Docket OST-96-1600, the proposed actions make for good public policy that is beneficial to Alaska's airport system and the Alaska economy. Alaska believes that a proactive approach to encourage and stimulate international flights to Alaska airports advances the Department's policy to eliminate restrictions and promote competition in international air transportation. The State of Alaska strongly encourages the Department to adopt the regulatory actions proposed in the Order to Show Cause dated January 22, 1999, Docket OST-99-5035 according to the above recommendations.
Counsel: Alaska, John Steiner, 907-269-5100
| OST-99-5035 | February 9, 1999 | Expanded Air Services at Alaska International Airports |
Hawaii applauds the Department's proactive initiative in moving, sue sponte, to propose the actions described in Order 99-1-11. Hawaii notes that, like the State of Alaska, Hawaii also is geographically isolated and its economy is heavily dependent on air transportation for local, interstate and international travel as an essential component of its economic infrastructure. Although :Hawaii has derived substantial benefits from its attractiveness as a tourism and business convention destination for both domestic and foreign visitors, Hawaii has sustained a significant reduction in air service and tourism as an immediate consequence of recent Asian economic distress. In addition, Hawaii continues to strive to attract increasing tourism from the South Pacific region, and increasing visitation as an en route stopover point for Asia-mainland U.S., Asia-Mexico and Asia-Latin America travelers.
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8342
| OST-99-5035 | February 9, 1999 | Expanded Air Services at Alaska International Airports |
United supports the development of additional air service to Alaska. Alaska's economy and its residents are uniquely dependent on the benefits of air service. The Department's plan to encourage additional Alaska service by waiving any designation or frequency limitations in future bilateral negotiations for operations via Alaska may prove beneficial, provided the Department waives these restrictions only where it would not inhibit the Department's ability to achieve a more liberal result. The Department's second initiative, however, is problematic. The Department proposes to invite foreign air carriers to apply for exemption authority to serve additional U.S. points on an extrabilateral basis, where those points would be served only on flights also serving Alaska. The Department's only criterion limiting grant of this extrabilateral authority is that the foreign applicants homeland be respecting all aspects of its bilateral agreement with the U.S. This is an unacceptably low standard. United cannot support a policy offering unilateral extrabilateral expansion of foreign carrier access to the U.S. unless the Department's initiative contains the safeguards necessary to protect the U.S. bilateral negotiating position with respect to restricted-entry countries. At a minimum, the Department should employ criteria similar to those contained in its Cities Program when analyzing Alaska initiative applications. Specifically, the applicant should be required to demonstrate that there is a procompetitive agreement in place between the U.S. and the applicant's homeland. In addition, the Department must undertake a public interest analysis, reviewing the facts on a case-by-case basis, to ensure that there are no overriding public interest reasons for denying the requested authority. Even this basic public interest requirement was noticeably absent from the Department's initiative.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_malnley@kirkland.com
| OST-97-2494 | February 9, 1999 | Form 41; Schdule B-7 |
Federal Express respectfully moves the Department to withhold the financial information contained in its Schedule B-7 Report for the quarter ended December 31, 1998, filed concurrently herewith under seal, from public disclosure for a period calf ten (10) years, through December 31,2008, pursuant to Rule 39 of the Rules of Practice.
Counsel: Federal Express and Shaw Pittman, Nathaniel Breed, 202-663-8078
| OST-97-2189 | Filed January 6, 1999 Issued February 8, 1999 |
Newark, New Jersey - Bermuda |
Scheduled foreign air transportation of persons, property, and mail between Newark, New Jersey and Bermuda.
By: Paul Gretch
Taxi Aereo T.M.M., S.A. de C.V.
| OST-96-1937 | Filed December 23, 1998 Issued February 9, 1999 |
Mexico-US Charters |
Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 2 12, using small equipment.
By: Paul Gretch
| OST-99-5097 | February 9, 1999 | Codeshare: US-Germany-Windhoek, Namibia w/ Lufthansa | |
| Service List |
United is planning to offer code-share service with Lufthansa on the latter's flights between points in Germany and Windhoek, Namibia. Lufthansa presently operates services between Frankfurt and Windhoek. These flights will connect with United/Lufthansa flights to Frankfurt from the U. S. The code share will enable United to hold out services between the U. S. and Windhoek and will be the first U.S. carrier service to Namibia. These services will begin as soon as U. S. government approval has been received. The government of Namibia has already approved these services. United also requests route integration authority. This will enable United to integrate its new authority to serve Windhoek with its existing Certificate of Public Convenience and Necessity and exemption authority. This would allow United to serve Windhoek via routings other than points in Germany should the occasion arise to do so. The route integration exemption should be subject to the normal condition that services may be integrated consistent with applicable international agreements and subject to the receipt of the necessary foreign government approvals.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_malnley@kirkland.com
U.S.-Romania Third-Country Code-Share Opportunities
| Order 99-2-9 OST-99-5096 OST-98-4509 OST-98-4508 OST-98-4507 OST-98-4506 |
Issued February 9, 1999 Served February 12, 1999 |
U.S.-Romania Third-Country Code-Share Opportunities |
By this order, we tentatively select (1) Delta Air Lines, Inc., Northwest Airlines, Inc., and United Air Lines, Inc., to serve Bucharest, Romania, under code-share arrangements with third-country carriers beginning April 1, 1999, and (2) Continental Airlines, Inc., to serve Bucharest, Romania, under code-share arrangements with third-country carriers beginning November 1, 1999.
By: Patrick Murphy
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