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OST Docket Filings for February 12, 1999 |
Last Updated 02/18/99 10:47 AM
Applications and Renewals:
Aero California | IATA | Japan Asia Airways | United and Mexicana - Joint Motion to Amend
Answers and Replies:
America West | Northwest v. EU | Chicago-London Combination | Puerto Rico Airways - Request for Add'l Info
Notices of Action Taken:
None
Notices and Orders:
Cherokee | FedEx, Northwest v. Japan - Order Dismissing Complaints and Terminating Proceedings
| OST-99-5112 | February 12, 1999 | Application for Exemption Authority |
Monterrey-Chicago / Acapulco-Dallas |
| Service List |
Hereby submits this application for exemption from 49 U.S.C. § 41301 to allow it to conduct scheduled foreign air transportation of persons, property and mail between Monterrey, Mexico and Chicago, Illinois and between Acapulco, Mexico and Dallas/Fort Worth, Texas. Aero California seeks this exemption authority so that it may place its "JR" designator code on flights operated by American Airlines, Inc. (American) between these gateway points. The service would be provided under an existing code-share agreement between Aero California and American, which has been approved by the Department.
| OST-99-5113 | February 12, 1999 | Application for Blanket US-Mexico Exemption Authority to Serve
Behind and Beyond Gateway Points |
Mexico-US Blanket Authority |
| Service List |
Hereby seeks an exemption from 49 U.S.C. 41301 allowing it blanket authority to serve any point in the United States behind and beyond gateway points and any point in Mexico behind and beyond gateway points for purposes of codesharing with American Airlines, Inc. American is concurrently filing a separate application for authority to serve additional gateway pairs (Acapulco-Dallas/Ft. Worth and Monterey-Chicago).
Counsel: Steptoe Johnson, David Coburn, 202-429-8063
| OST-99-5030 | February 12, 1999 | Consolidated Reply of America West |
High Density Rule - Chicago O'Hare |  HTML |
The answering parties, primarily entrenched incumbents and their corporate affiliates, object to America West's application, making several arguments, but never challenging the key points that service by America West advances the public interest by providing low-fare service to Las Vegas and Reno, Nevada from O'Hare and constitutes exceptional circumstances by providing much needed competition at O'Hare. Instead of addressing these key points, the answers seek to shift the focus away from the fundamental competition and public interest issues identified by the Department, GAO and the Congress, that strongly support America West's application. None of the arguments raised by the incumbents and their affiliates stands the test of reason and should be rejected by the Department. The answering parties' arguments, if accepted by the Department, would simply result in giving more O'Hare slots to American and United, which is not in the public interest.
Counsel: America West and Baker Hostetler, Joanne Young, 202-851-1532
| Order 99-2-5 OST-98-4531 |
Issued January 25, 1999 Served February 10, 1999 |
Order Issuing Amended Foreign Air Carrier Permit |
To Limit Maximum Passenger Capacity for Small Aircraft |
| Appendix: Summary | |||
| Permit (Amended) | |||
| Foreign Air Carrier Conditions of Authority |
In this order we are issuing Cherokee Air, Ltd., a foreign air carrier of the Bahamas, an amended foreign air carrier permit under section 41301 of Title 49 of the U.S. code, to limit, at the carrier's request, its operations to those involving only small aircraft (i.e., aircraft designed to have a maximum passenger capacity of not more than 60 seats or a maximum payload capacity of not more than 18,000 pounds).
By: Charles Hunnicutt
Chicago-London Combination Service Frequencies
| OST-99-5061 | February 12, 1999 | Answer of American Airlines |
Allocation of Chicago-London Combination Service Frequencies | HTML |
United proposes service only to Heathrow. While Heathrow is the preferred London airport for many itineraries, Gatwick is the preferred airport for other itineraries, particularly for passengers who work or reside close to Gatwick; who prefer the ground transportation available at Gatwick to Central London; and who require connections to or from destinations that: are not served via Heathrow. By serving both Heathrow and Gatwick, American will provide additional travel options that will not be available from United's exclusive Heathrow service. The Department should promptly conclude this proceeding by awarding 67 additional Chicago-London frequencies to American for the 1999 summer season.
Counsel: American, Carl Nelson, Jr., 202.496.5647, carl_nelson@amrcorp.com
| OST-99-5061 | February 12, 1999 | Answer of United Air Lines |
Allocation of Chicago-London Combination Service Frequencies | HTML |
| Exhibit UA-1: Even if All Extra Frequencies Went to United, AA Would Still Have 60% More than UA | ||||
| Exhibit UA-2: Even if All 67 Extra Frequencies Went to United, AA Would Still Have 20% More Seats than UA |
The Department's policy and precedent represented by these past allocation proceedings fully support grant of United's request for all available frequencies and denial of American's application. To award any frequencies to American would increase that carrier's dominance of the Chicago-London market contrary to the Department's efforts to eliminate such dominance through the frequency application process. Granting American's application would strengthen that carrier's position as the dominant carrier allowing it to operate in excess of four daily frequencies (953 for the season) against United's operation of only three daily frequencies on nearly half the days of the summer season (137). Particularly where, as here, American has a marketing alliance with the only foreign carrier in the market where frequencies are to be allocated, there is no reason to depart from past precedent to favor American with any allocation beyond its minimum entitlements American offers in its smaller aircraft because of the enormous frequency advantage American possesses.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
Federal Express Corporation, Northwest Airlines, Inc. v. The Government of Japan
| Order 99-2-11 OST-96-1129 OST-96-1500 |
Issued February 12, 1999 Served February 17, 1999 |
Order Dismissing Complaints and Terminating Proceedings |
Unfair Competitive Practices |
By: Charles Hunnicutt
| OST-99-5111 | February 12, 1999 | Application for Renewal of Exemption |
Nogoya-Guam/Saipan |
| Service List |
Renewal of its exemption from Section 41301 of the same Title, enabling it to conduct scheduled foreign air transportation of persons, property, and mail between Nagoya, Japan, and Guam and Saipan. JAA requests renewal of the exemption for a period of not less than two years. The existing exemption expires on February 26, 1999.
Counsel: Steptoe Johnson, William Karas, 202-429-6223
| OST-99-5011 | Dated February 3, 1999 Posted February 12, 1999 |
Answer of the Association of European Airlines |
Int'l Air Transport Fair Competitive Practices - Hushkit |
By: AEA, KH Neurmeister
| OST-99-5011 | February 12, 1999 | Reply of Northwest Airlines |
Int'l Air Transport Fair Competitive Practices - Hushkit | HTML |
Northwest Airlines submits the following reply to the answers filed in response to its complaint against the Council of the European Union and the Governments of the 15 EU Member States. The answers confirm that all sectors of the U.S. aviation industry— aircraft operators, owners, and manufacturers—are united in support of the Department s approval of the complaint. And the only opposition, predictably filed by those whom the rule would benefit in the short rile, i.e., European airlines, focuses on whether DOT is the proper forum for seeking relief and whether prior U.S. actions have been lawful. Significantly. there was no effort to defend the proposal as a legitimate environmental measure.
Counsel: Northwest, Elliott Seiden, 202-842-3193
Puerto Rico Airways Corp. d/b/a Puerto Rico Airways
| OST-98-4838 | February 8, 1999 Docketed February 12, 1999 |
Re: Request for Additional Information |
Certificate of Public Convenience and Necessity - Interstate Scheduled |
Letter from Air Carrier Fitness Division, Office of Aviation Analysis requesting additional information
By: Patricia Thomas
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
| OST-97-3237 | February 12, 1999 | Joint Motion for Leave to Amend and Amendment of United and
Mexicana |
US-Mexico Codesharing |
| Service List |
Hereby amend their above-captioned joint application' to request the immediate grant of: (1) an exemption and code-share designation for United and statement of authorization for Mexicana permitting Mexicana to display United's airline designator code in the following transborder city pairs:
(2) statements of authorization permitting (i) United to display Mexicana's designator code on United flights between Mexicana's U.S. gateways and interior U.S. points; and (ii) Mexicana to display United's designator code on Mexicana flights between United's Mexican gateways and interior Mexico points.
United and Mexicana have selected the following transborder city pairs for the initial expansion of their transborder U.S.-Mexico service: Chicago (ORD) - Puerto Vallarta (PVR) Los Angeles (LAX) - Los Cabos (SJD) Los Angeles (LAX) - Guadalajara (GDL) Los Angeles (LAX) - Puerto Vallarta (PVR) Miami (MIA) - Cancun (CUN) Miami (MIA) - Merida (MID) New York (EWR) - Cancun (CUN) New York (EWR) - Mexico City (MEX) Oakland (OAK) - Guadalajara (GDL)3 San Antonio (SAT) - Mexico City (MEX)
Counsel: Squire Sanders, Robert Papkin, 202-626-6601 for Mexicana / United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
International Air Transport Association
| OST-98-4916 | February 12, 1999 | Technical Correction | TC2 Within Europe Specified Fares Tables |
Counsel: IATA, David O'Connor, 202-624-2977
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