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OST Docket Filings for February 24, 1999

Last Updated 03/05/99 11:49 AM


Applications and Renewals: 

Antonov | Braathens - Add'l Information | Northwest - US-Mexico Amend # 2

Answers and Replies: 

Air Aruba - Answer of Aeropostal | New Air - Answer of Spirit Airlines | USTAR v Delta - Surreply of Delta

U.S. - Italy - Ex Parte Letter to Marvin Strong, Jr. in Support of Delta

Notices of Action Taken:

Aeromexico (3) | Turkish

Notices and Orders:

Alaska Airlines - EAS at Cordova, Gustuvus, et al | AIA - 'Kitty Hawk International' Trade Name Registration

Fairmont/Norfolk/Yankton - EAS | Great Lakes Aviation - EAS at Ottumwa, IA, Sterling/Rock Falls, IL - O'Hare Slots

SAS / Lufthansa - O'Hare | Trans International Express


Aerovias de Mexico, S.A. de C.V.

OST-98-4492 Filed September 23, 1998
Issued February 24, 1999
pdficon.gif (87 bytes)Notice of Action Taken Hermosillo-San Diego

Exemption from 49 USC section 41301 to permit He applicant to continue to conduct scheduled, combination service between Hermosillo, Mexico, and San Diego, California.

OST-96-1896 Filed September 24, 1998
Issued February 24, 1999
pdficon.gif (87 bytes)Notice of Action Taken Mexico City-Austin/Washington, DC

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between Mexico City, Mexico. and the U.S. coterminal points Austin, Texas, and Washington, D.C.

OST-96-1304 Filed September 22, 1998
Issued February 24, 1999
pdficon.gif (87 bytes)Notice of Action Taken Mexico City-Phoenix

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled. combination service between Mexico City, Mexico, and Phoenix, Arizona.

By:  Paul Gretch

Index


Air Aruba, N.V.

OST-96-1250
OST-96-1146
OST-95-110
February 24, 1999 pdficon.gif (87 bytes)Answer of Aeropostal Alas de Venezuela Resissuance of Exemption / Codeshare with Continental document.gif (123 bytes)HTML
    Attachment:  Air Aruba Advertisement    

Under normal circumstances, Aeropostal would take no position on the authority applied for herein by Air Aruba. However, in light of: (i) the pendency of the Continental/Air Aruba code-share application for, inter alia, Miami - Caracas authority; and (ii) the contingent objection of Aserca's "partner" in Venezuela, Continental, to the American/Aeropostal codeshare, Aeropostal has no choice but to file its Answer herein.

Counsel:  Pierre Murphy, 202-872-1679, pmurphy@lopmurphy.com

ReferenceUnited Filed an Undocketed Answer Today (2/24/99)

Index


Alaska Airlines - Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and Yakutat, Alaska

Order 99-2-12
OST-98-4899
43145
Issued February 12, 1999
Served February 17, 1999
pdficon.gif (87 bytes)Final Order Selecting Alaska Airlines EAS

By Order 93-12-13, served December 14, 1998, the Department tentatively selected Alaska Airlines to provide subsidized EAS at Cordova, Gustavus, Petersburg, Wrangell, and Yakutat, Alaska, and provided 20 days, until January 4, for competing proposals before the order became final. On January 4, 1999, Taquan Air Service requested a 45day extension to submit a competing proposal. Taquan agreed with the staff to a deadline of February 1. The time for filing competing proposals has expired, and we have received none, thus making final Alaska Airlines' tentative reselection.

By:  John Coleman

Index


American International Airways, Inc. d/b/a Kitty Hawk International, Inc

  Filed February 11, 1999
Served February 23, 1999
pdficon.gif (87 bytes)Notice of Trade Name Registration American International Airways d/b/a Kitty Hawk International, Inc
    Service List  

AIA states that its parent, Kitty Hawk, Inc. (also the parent of the certificated air carrier Kitty Hawk Aircargo, Inc.) desires to have AIA identified more closely with the Kitty Hawk family of carriers. VIA declares that it has initiated steps to have its corporate name changed to "Kitty Hawk International, Inc. d/b/a American International Airways" with the appropriate state agency, and that, at the appropriate time, it will file an application with the Department requesting that its certificate and other economic authority be reissued in its new corporate name. In the interim, AIA asks that we acknowledge the registration of the trade name "Kitty Hawk International.

By:  John Coleman

Index


Antonov Design Bureau

OST-99-5144 February 24, 1999 pdficon.gif (87 bytes)Application for an Emergency Exemption Emergency Exemption - Bangor-Waco
    Attachment:  Letters in Support  
    Service List  

The two outsized oven units, which are being manufactured by Valmet Inc. in Maine. are urgently needed by Elk Corporation. a manufacturer of rooting materials. at its plant in Ennis, Texas no later than March 1, 1999. Elk uses these large oven units to manufacture fiberglass shingle mats, which are vital to Elk's own rooting production. and distributed to several other roofing manufacturing companies throughout the United States.

Counsel:  Shaw Pittman, Robert Cohn, 202-663-8312

Index


Braathens ASA

OST-99-5053
OST-95-232
February 24, 1999 pdficon.gif (87 bytes)Re:  Agreement Relating to Liability Limitations of the Warsaw Convention Intra-European Codeshare Operations

Braathens ASA, 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. Enclosed please find Braathens' conditions of carriage, which are being submitted in complete substitution for conditions filed previously with the Department. The enclosed page replaces in full all conditions of carriage filed with the Department prior to today. 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 II, 202.626.6600

Index


Fairmont, Minnesota / Norfolk, Nebraska / Yankton, South Dakota

Order 99-2-20
OST-98-3843
OST-98-3704
OST-98-3703
Issued February 22, 1999
Served February 25, 1999
pdficon.gif (87 bytes)Order Extending Service Obligation Essential Air Service - Great Lakes Aviation

We require Great Lakes Aviation, Ltd., d/b/a United Express, to maintain essential air service at Fairmont, Minnesota, Norfolk, Nebraska, and Yankton, South Dakota, as set forth in Appendix C of Order 99-1-15, for an additional 30-day period through March 24, 1999, or until a carrier capable of providing reliable replacement service actually begins service, whichever is first.

By:  John Coleman

Index


Great Lakes Aviation - Essential Air Service at Ottumwa, Iowa, Sterling/Rock Falls, Illinois

Order 99-2-21
OST-96-1247
42911
Issued February 22, 1999
Served February 25, 1999
pdficon.gif (87 bytes)Order Tentatively Reselecting Great Lakes Aviation
    Appendix A:  Great Lakes Regional Map  
    Appendix B:  Annual Compensation Requirement for EAS at Ottumwa and Sterling/Rock Falls  
    Appendix C:  Historical Enplanements at Sterling/Rock Falls and Ottumwa  
    Appendix D:  Great Lakes Aviation, EAS Brief  
    Appendix E:  Service List  

Recall of O'Hare Slots Assigned to Great Lakes:

By a series of orders and slot trades, the net effect is that Great Lakes is currently assigned six O'Hare slots to provide service at Sterling/Rock Falls and Ottumwa and is using only four slots to serve Sterling and Ottumwa on a linear routing. When Great Lakes' subsidized service at Sterling/Rock Falls is terminated, the carrier will continue to need four slots for its Ottumwa-O'Hare service. Thus, we direct the Federal Aviation Administration to withdraw two slot exemptions and to work with Great Lakes to identify which two slot exemptions will be withdrawn.

By:  Charles Hunnicutt

Index


New Air Corporation

OST-99-5085 February 24, 1999 pdficon.gif (87 bytes)Answer of Spirit Airlines and Motion for Leave to File High Density Rule - JFK Int's Airport document.gif (123 bytes)HTML

Spirit takes no position on the New Air application per se. In principle, we would not oppose it, since we view the High Density Rule as an anachronism whose costs significantly outweigh its benefits. However, as a low-fare airline with a large and growing presence at both HDR and non-HDR airports in the New York Metropolitan area, Spirit believes that the broad relief sought in the New Air application must be carefully tailored to ensure that a single exemption from the Rule does not foreclose other approaches to the problem. Moreover, to the extent to which the Department chooses to break new ground and to grant New Air the relief it requests, the Department should do so on behalf of all carriers wishing to inject low-fare competition in the New York market.  Spirit perhaps should be heartened by the fact that the regulatory climate has changed to such a degree that new entrants such as New Air believe that major improvements in access to slot-controlled airports are achievable. Spirit wishes to emphasize that it, too, has thus far been encouraged by the clear signals it has seen that the Department wishes to take decisive steps to ensure that competition takes place on a level playing field. Although Spirit would interpret regulatory receptiveness to New Air's application as a further positive signal, this would not be the case if DOT were to conclude its efforts there, thereby according New Air somewhat unique status under the slot rules.

Counsel:  GKMG, Anita Mosner, 202-342-5201

Index


Northwest Airlines, Inc.

OST-98-4832 February 24, 1999 pdficon.gif (87 bytes)Amendment No. 2 to Application for an Exemption US-Mexico Codeshare with Continental
    Service List  

Requests authority to provide scheduled foreign air transportation of persons, property and mail between Cleveland and Cancun and between San Antonio and San Diego, on the one hand, and Mexico City, on the other hand. In addition, Northwest amends its application by removing the city pair Houston-Mazatlan, which Continental is no longer operating.

Counsel:  Northwest, Megan Rae Poldy, 202-842-3193

Index


Scandinavian Airlines System / Lufthansa German Airlines

Order 99-2-22
OST-98-4826
OST-98-4869
Issued and Served February 22, 1999

Department Did NOT Release to Public on Feb 22nd Along with Other Slot Orders

pdficon1.gif (224 bytes)Order Granting Exemptions High Density Rule - Chicago O'Hare

We will grant SAS an exemption to enable it to perform one daily late afternoon Copenhagen-Chicago scheduled flight arrival at O’Hare during the l999 summer season; and we will also grant Lufthansa an exemption to enable it to perform one daily Frankfurt-Chicago scheduled flight arrival at O’Hare during the l999 summer season. We find that grant of these exemptions is consistent with the public interest.

By:  Charles Hunnicutt

Index


TIE Aviation, Inc. d/b/a Trans International Express

Order 99-2-17 Issued February 17, 1999
Served February 22, 1999
pdficon.gif (87 bytes)Order to Show Cause - Proposing Issuance of Commuter Air Carrier Authority Commuter Air Carrier - JFK Intl Airport
    Attachment:  Specimen Certificate  
    Service List  

If Tie Aviation is found fit to conduct commuter service, it plans to add scheduled flights to its current operations by offering passenger service six days per week between JFK International Airport and Hartford, Albany, Atlantic City, and Niagara Falls using two 36-seat Shorts SD3-60-300 aircraft that it has recently added to its fleet.

By:  Charles Hunnicutt

Index


Turkish Airlines (Turk Hava Yollari, A.O.)

OST-99-5039 Filed January 25, 1999
Issued February 24, 1999
pdficon.gif (87 bytes)Notice of Action Taken Turkey-Miami via Amsterdam/Brussels; Coterminalize Miami with New York/Chicago

Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Turkey and Miami, FL, via the intermediate points Amsterdam and Brussels; and to coterminalize Miami with its existing authority to serve New York and Chicago.

By:  Paul Gretch

Index


U.S. - Italy Combination Service Case

OST-98-4854 Docketed February 24, 1999 pdficon.gif (87 bytes)Ex Parte Letter to Marvin E. Strong, Jr. U.S. - Italy

Ex Parte Letter to Marvin E. Strong, Jr. from Charles A. Hunnicutte re Support of Delta's application for Atlanta,
Georgia-Rome, Italy service.

By:  Charles Hunnicutt

Note:  See DOT's Site for Numerous Other Letters in this Docket

Index


United States Travel Agent Registry against Delta Air Lines, Inc.

OST-98-4776 February 24, 1999 pdficon1.gif (224 bytes)Motion for Leave to File Surreply of Delta Air Lines

Scanned Version

Complaint of USTAR

USTAR's reply also ignores the factual and policy defects of its complaint, and instead, focuses on other completely irrelevant issues. Thus, almost ten pages of USTAR's Reply involves an extended tirade against airline marketplace practices in general, including protests about domestic travel agent commissions, E-ticketing, and Internet sales. These issues have nothing to do with the subject matter of USTAR's complaint. USTAR spends another ten pages discussing the joint marketing arrangement between American and Canadian Air. Not only is this irrelevant to USTAR's complaint against Delta, USTAR overlooks the fact that the Department granted American and Canadian Air antitrust immunity to coordinate certain activities, including travel agent commissions.

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202-663-8060

Index


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