Application for Renewal of ExemptionHome | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day
OST Docket Filings for February 22, 1999 |
Last Updated 02/23/99 12:17 PM |
AvAtlantic Exhibits Added 2/23
Applications and Renewals:
Aerocancun - Renewal | AvAtlantic - Cert of Public Convenience | Braathens - Warsaw | TAROM - Amendment
United and Mexicana - Supplement | IATA
Answers and Replies:
American and Aero Califronia - Answer of United | Continental - Reply of Continental US-Russia
New Air Corp - Answer of Assoc of Machinists/The Coast Airlines/Delta/Queens Borough/TWA
TWA/Royal Jordanian - Amended Answer of Continental | TWA - Continental's Petition for Reconsideration
US-Romania - Objections of Continental
Complaints:
America West | Cantor Party v. Continental
Notices of Action Taken:
Polar - US-Philippines/Japan
Notices and Orders:
Air France - O'Hare | Mexicana / Iberia - O'Hare | JAL / ANA - O'Hare
Aeronautica de Cancun, S.A. de C.V.
| OST-95-132 | February 22, 1999 | Application for Renewal of Exemption |
Mexico-US Charter |
| Service List |
Aeronautica de Cancun, S. A. de C. V., requests that the Department of Transportation grant it a renewal of exemption to provide charter passenger air transportation between the United States and Mexico and, subject to applicable Department regulations, between the United States and other points worldwide.
Counsel: Holland Knight, Jim Marquez, 202-457-7033
| Order 99-2-23 OST-98-4824 |
Issued and Served February 22, 1999 | Order Granting Exemption |
High Density Rule - Chicago O'Hare |
We will grant Air France an exemption to enable it to perform one daily Paris (Charles de Gaulle)-Chicago scheduled flight arrival and one daily departure at O'Hare during the 1999 summer season. We find that grant of this exemption authority is consistent with the public interest.
By: Charles Hunnicutt
| OST-99-5135 | February 16, 1999 | Formal Administrative Complaint by Arizona Center for
Disability Law |
Violation of the Air Carrier Access Act |
September 16, 1998, at 6:00 p.m. Ms. Layne uses a service animal because she is blind. When Ms Layne boarded the flight, the passenger assigned to the aisle seat next to Ms. Layne's assigned seat already was seated. The flight attendant assisting Ms. Layne asked the other passenger to stand so Ms. Layne and her animal could be seated. The passenger refused and stated he would not sit next to a dog. The flight attendant then asked if any other first class passenger would exchange seats with Ms. Layne. No one would exchange seats and Ms. Layne had to sit in a coach seat. During this humiliating incident, the airplane captain began to "play" with Ms. Layne's service animal, which is not appropriate. The captain continued to "play" with Ms. Layne's service animal even after she asked that he stop.
By: Ellen Sue Katz, 602.274.6287
American Airlines, Inc. and Aero California, S.A. de C.V.
| OST-97-2477 OST-99-5112 OST-99-5113 Undocketed |
February 22, 1999 | Consolidated Answer of United Air Lines |
US-Mexico Codesharing |  HTML |
United is not opposed to grant of the American/Aero California applications so long as the pending code-share applications of United and Compania Aviacion de Mexicana are granted concurrently. The recent resolution of the U.S.-Mexico transborder code-share dispute offers the opportunity for all outstanding U.S.-Mexico code-share applications, including those of United and its code-share partners, to be immediately granted.2 United has been seeking to significantly expand its code-sharing with Mexicana for over three years, but the majority of United's application pending in Docket OST-97-3237 and a portion of its application pending in Docket OST-96-1988 have been deferred pending resolution of bilateral code-share issues. On February 12, 1999, United and Mexicana amended their application pending in Docket OST-97-3237 to conform their request to the new bilateral agreement, and are today supplementing their application to affirm that they seek interior code-share authority of the same scope requested by American and Aero California.
United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
| OST-99-5133 | February 18, 1999 Docketed February 22, 1999 |
Application for a Certificate of Public Convenience and
Necessity |
Certificate of Public Convenience & Necessity - Interstate Charter |
| Exhibits Added 2/23 | Exhibit A: Citizenship | ||
| Exhibit B: Key Personnel | |||
| Exhibit C: Narrative History | HTML |
||
| Exhibit D: Ownership & Related Information | |||
| Exhibit E: Aircraft | |||
| Exhibit F: Financial Information | |||
| Exhibit G: Legal Actions, Judgments & Regulatory Compliance | |||
| Exhibit H: OST Form 4523 Pt.1 | Pt.2 | Pt.3 |
The Companies primary mission is to operate targeted passenger service to selected under served niche markets throughout the United States and Florida, the Bahamas and the Caribbean on a scheduled charter basis (prepaid). This service has been supported and invited officially by each host island we have selected to service. Any cargo activity will be via our passenger fleet and provide for the distribution and transportation of small packages, perishables, industrial and hazardous cargo.
| OST-99-5134 | February 18, 1999 Docketed February 22, 1999 |
Application for a Certificate of Public Convenience and
Necessity |
Certificate of Public Convenience & Necessity - Foreign Charter |
By: Tom Brit, President, 727-531-7577
| OST-95-232 OST-99-5053 |
February 22, 1999 | Re: Agreement Relating to Liability Limitations of the
Warsaw Convention |
Exemption and Statement of Authorization, Intra-European Codeshare with Northwest |
Braathens ASA ("Braathens"), a Norwegian air carrier, is an applicant for an exemption and statement of authorization that would permit Braathens to engage in certain intra-European codeshare operations. Braathens' application is pending in Docket OST-99-5053. Braathens is a signatory to the IATA Intercarrier Agreement on Passenger Liability ("IIA") and the Agreement on Measures to Implement the IIA ("MIA"), and has implemented the IIA/MIA by incorporating certain provisions into its General Conditions of Carriage of Passengers and Baggage, as shown in the attachment hereto. Braathens has also amended its Conditions of Carriage to conform to certain requirements of the Department. Braathens requests that the Department of Transportation place a copy of this letter and the attachment in each of the dockets identified above.
Counsel: Squire Sanders, Charles Donley, 202-626-6600
Compania de Transporturi Aeriene Romane - TAROM
| OST-98-3567 | February 19, 1999 Docketed February 22, 1999 |
Amendment to Application for Exemption |
Romania-US |
| Service List |
Currently, for Summer 1999 season TAROM plans to operate four weekly frequencies into New York and two weekly frequencies into Chicago. However, due to the fact that the airline has plans to enhance and expand its U.S. operations, request is hereby made for full authority that TAROM is entitled according to the U.S.-Romania Air Transport Agreement. TAROM considers that there is a demand for direct service between United States and Romania, demand constantly increasing in the last few years due to more and more Romanian Americans planning to travel to their places of origin using the services of national carrier of Romania. Under these circumstances, it is very important for TAROM to be able to continue its U.S. operations. Effective April 1, 1999 through October 31, 2001, scheduled international air transportation of persons, property and mail from behind Romania, via Romania arid intermediate points to New York, Chicago and Los Angeles.
By: TAROM, Adrian Sidarov
Compania Mexiana de Aviacion, S.A. de C.V. / Iberia Lineas Aereas de Espana, S.A.
| Order 99-2-24 OST-98-4946 OST-98-4981* *Department Incorrectly Recorded the Wrong Docket # on the Order - Probably will be Corrected in an Erratum to Reflect the Correct Docket # as OST-99-4981 |
Issued and Served February 22, 1999 | Order Granting Exemptions |
High Density Rule - Chicago O'Hare |
We will grant Mexicana an exemption to enable it to perform one daily Mexico City-Chicago scheduled flight arrival and one daily departure at O'Hare during the 1999 summer season; and we will grant Iberia an exemption to enable it to perform one daily Madrid-Chicago scheduled flight arrival and one daily departure at O'Hare during the 1999 summer season. We find that grant of these exemptions is consistent with the public interest.
By: Charles Hunnicutt
| OST-99-5049 | February 22, 1999 | Consolidated Reply of Continental |
U.S. - Russia | HTML |
Continental's proposal to introduce a new network between the U.S. and Russia as Air France's code-share partner via Paris (CDG) should be approved over Delta's code-share with Swissair, American's code-share with Finnair and United's code-share with Lufthansa. Continental responds as follows to the Delta, American and United answers to Continental's application: Delta would be the least deserving applicant for U.S.-Russia third country code-share authority. Delta operates its own flights between JFK and Moscow, and Delta offers online U.S.-Russia connecting service for its Atlanta, Cincinnati and Salt Lake City hubs via JFK. Delta's U.S.-Russia code-shares with Swissair duplicate service Delta offers via JFK on its own flights. Delta, already the largest U.S.-flag carrier between the U.S. and Europe, also offers numerous code-share flights between the U.S. and Eastern Europe with Swissair, Sabena and Austrian. Limited code-share opportunities available between the U.S. and Russia should not be squandered to duplicate existing online services when new networks could be added to the U.S.-Russia service pattern instead. Delta does not dispute Continental's statement that Delta has U.S.-Russia frequencies that are unused and should be returned immediately to the Department for reallocation.
Counsel: Crowell and Moring, Bruce Keiner, 202. 624.2615
Saul L. Cantor and Mabel G. Cantor against Continental Airlines, Inc.
| OST-99-5131 | February 19, 1999 | Third Party Complaint Against Continental
Regarding Unfair or Deceptive Practice in the Sale of Air Transportation |
Continental's OnePass Program |
| Service List | |||
| Exhibits: OnePass Program |
Mr and Mrs. Cantor are long time patrons of Continental and have for many years been participants in, and offered the purported benefits of, Continental's OnePass program. Under Continental's OnePass program, Mr. and Mrs. Cantor earn mileage points based upon the use of each's credit cards, and these mileage points may be redeemed for free/upgraded/discounted tickets for Continental flights to various destinations, both within the United States and overseas. As is set forth in detail below, Continental has engaged in false advertising and has committed deception/fraud and breach of its promises/agreements in connection with its OnePass program which amount to not only a fraud upon and wrong against Mr. and Mrs. Cantor personally but also upon and against the public as well, and which also constitute an unfair or deceptive practice in the sale of air transportation in violation of 49 U.S.C. §41712
Counsel: Gruen & Goldstein, Fred Gruen for Third Party Plaintiffs, 908.687.2030
Japan Airlines Company, Ltd. / All Nippon Airways Co., Ltd.
| Order 99-2-25 OST-98-4890 OST-98-4902 |
Issued and Served February 22, 1999 | Order Granting Applications for Slot Exemptions at Chicago
O'Hare Airport |
High Density Rule - Chicago O'Hare |
We find that grant of these exemptions is consistent with the public interest. In reaching this decision, we recognize that ANA and JAL filed timely requests with the FAA for slots, and that due to hourly constraints the FAA has not been able to accommodate those requests. ANA and JAL have been properly authorized by their government to provide scheduled foreign air transportation in the Chicago-Tokyo and Chicago-Osaka markets, respectively, and our action here will provide the traveling public with important new services.
By: Charles Hunnicutt
| OST-99-5085 | February 22, 1999 | Answer of the International Association of Machinists
and Aerospace Workers, AFL-CIO's Motion to Dismiss |
Exemption to Allow Nonstop Service to and from JFK | HTML |
Assuming arguendo, that the DOT denies the IAM's motion to dismiss and processes New Air's application, New Air is incapable of satisfying the DOT' s guidelines regarding the granting of exemptions to the HDR rule or providing the degree of specificity the Department has required in other such applications. New Air cannot identify with any certainty either the routes, the frequencies, or the type of aircraft it will operate should the DOT grant its application. Moreover, although New Air expects the DOT to provide it with twenty-five slots at JFK in each of the next three years, its application does not specify a single date when it intends to initiate service on a particular route during that three year period.
By: Guerrieri Edmond, Robert Clayman, 202-624-7400
| OST-99-5085 | February 22, 1999 | Answer of The Coast Airlines |
Exemption to Allow Nonstop Service to and from JFK | HTML |
As a new entrant airline itself, The Coast welcomes the announcement of New Air's imminent certificate application because it will help to underscore the demand for new and innovative competition in the domestic U.S. air transportation market. While The Coast takes no position on whether New Air's application for slot exemptions satisfies the Department's substantive criteria, it strongly supports the application in at least two respects.
Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000
| OST-99-5085 | February 22, 1999 |  Answer of Delta Air
Lines |
Exemption to Allow Nonstop Service to and from JFK |
To a remarkable degree, however, New Air's application presents an exemption request of unprecedented scope, urging the DOT to create, and then allocate to New Air, a total of 75 new daily peak-period operating slots at JFK. Delta submits that New Air's application would seriously erode both the legal limitations and policy objectives of the High-Density Airport rules and the Department's HDR exemption authority. Grant of New Air's application for the creation of 75 new JFK slots would vitiate the Department's carefully-reasoned precedents in prior cases addressing new-entrant carrier applications for limited exemptions from the HDR slot regulation, and could seriously disrupt the present array of peak-period long-haul international services at JFK.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-496-5647
| OST-99-5085 | February 19, 1999 | Answer of the Office
of the Queens Borough President, City of New York |
Exemption to Allow Nonstop Service to and from JFK |
| Exhibit A: Answer to Application of Eastwind Airlines (FastPDF) | Filed January 21, 1999 | ||
| Notice of Filing |
Accordingly, the Department should require New Air to submit documentary information setting forth the terms of any offers that it has made to purchase or lease slots, as well as the responses to those requests. New Air concedes that it is willing to purchase underutilized slots from TWA, although New Air does not produce either evidence that it attempted to purchase such slots or reasons why the slots were not available. With full documentation, The Department will then be able to determine the impact of the cost of a slot, amortized over a ten-year period, on the fares that would be charged by the applicant. If New Air cannot or refuses to provide this information, then its application must be denied.
Counsel: Michael Rogovin, 718.286.2888
| OST-99-5085 | February 22, 1999 | Answer of Trans World Airlines |
Exemption to Allow Nonstop Service to and from JFK | HTML |
By an application, dated February 5, 1999, an embryo airline has requested 75 slots at John F. Kennedy International Airport for operations during the four-hour period of controlled operation under the high density rules. Although it has allegedly raised about $125 million, the airline has not ordered aircraft, has not applied to the DOT for a certificate, and has not developed definite plans to serve specific cities. TWA hereby answers and requests that the application be dismissed as premature.
Counsel: TWA and Richard Fahy, 703-684-4422, rfahy@ibm.net
| OST-96-1074 | Filed November 24, 1998 Issued February 22, 1999 |
Notice of Action Taken |
US-Philippines All-Cargo |
By: Paul Gretch
TWA / TWA and Royal Jordanian Airlines
| OST-97-2374 OST-98-3382 Undocketed |
February 19, 1999 Refiled February 22, 1999 |
Answer of Continental Airlines |
Reciprocal Codesharing |
| Attachment A: Letter from Jordanian Civil Aviation Authority |
The retention of limited-entry code-share authority between the U.S. and India by TWA and Royal Jordanian is particularly egregious. Code-share opportunities in limited-entry markets should be withdrawn from foreign airlines whose home countries are denying U.S. carriers their bilateral rights. TWA is currently the fourth and final carrier that can be authorized to code-share under the U.S.-India agreement. Although Continental and Air France applied for India code-share rights, the Department denied the application because the United States and France did not have an agreement that authorized such code-share services at that time. After the U.S. and France had reached an agreement permitting such code-share services. Continental sought TWA's unused authority to provide U.S.-India code-share service via Paris in conjunction with Air France Based on TWA's commitment to institute India code-share service with Royal Jordanian by October 25, 1998, the Department allowed TWA to retain the authority.
| OST-99-5066 | February 22, 1999 | Petition of Continental Airlines for
Reconsideration |
TWA's Route Integration Authority |
| Service List |
On February 17, 1999, without awaiting expiration of the 15-day answer period, the Department granted TWA's application for route integration authority. (Notice of Action Taken February 17, 1999). For the reasons described in the attached answer to TWA's application for renewal of the exemption authority which permits it to code-share with Royal Jordanian Airlines, the Department should reconsider and reverse its award of route integration authority to TWA permitting it to integrate its authority to code-share with Royal Jordanian with its other route authority.
Counsel: Crowell & Moring, Bruce Keiner, 202.624.2615
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
| OST-97-3237 | February 22, 1999 | Supplement to Application for an Exemption |
US-Mexico Codesharing |
United and Mexicana file this supplement to clarify that they also seek the underlying exemption authority necessary to engage in interior starburst code-sharing. Although a request for underlying exemption authority for interior code sharing is effectively contained in the United/Mexicana initial application pending in Docket OST-97-3237, the original request detailed specific interior points to which the parties sought to code-share. If, however, the Department is prepared to grant blanket interior exemption authority for code-share purposes, such as that requested by American and Aero California in Dockets OST-97-2477 and OST-99-5113, the Department also should grant blanket exemption authority of the same scope to United and Mexicana., consistent with the terms of the U.S.-Mexico Air Transport Agreement, as amended.
Counsel: Squire Sanders, Robert Papkin, 202-626-6601 for Mexicana / United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
U.S. - Romania Third-Country Code-Share Opportunities
| OST-98-4509 OST-98-4508 OST-98-4507 OST-98-4506 Undocketed |
February 22, 1999 | Objections of Continental Airlines |
US - Romania |
Awarding limited U.S.-Romania code-share authority available April 1, 1999, to the airlines offering the maximum number of U.S. gateways, as proposed in this proceeding, would perpetuate the dominance of the largest airlines and the largest alliances and inhibit the immediate entry of a new competitor between the U.S. and Eastern Europe. Since U.S.-Romania code-sharing is new, the Department has an extraordinary opportunity to authorize Continental and Air France to start service at the same time as other, larger alliances which have already blanketed Eastern Europe with code-share service. Thus, Continentals objects to the Department's tentative decision awarding Delta, Northwest and United the three U.S. carrier designations now available April 1, 1999. Continental urges the Department to reverse its tentative decision and award Continental U.S.-Romania code-share authority effective April 1, 1999, for the reasons set forth in its application, consolidated answer and consolidated reply.
Counsel: Crowell & Moring, Bruce Keiner, 202.624.2615
International Air Transport Association
| OST-99-5124 (Docket Number OST-99-5025 Was Crossed Out and New Number Was Assigned) |
February 19, 1999 | Application for Appoval of Agreements |
PTC12 NMS-AFR 0058 |
Counsel: David O'Connor, 202.624.2977
Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day