Issued February 25, 1999
Notice of Action TakenHome |
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OST Docket Filings for February 26, 1999 |
Last Updated 03/04/99 09:30 AM
Applications and Renewals:
AIA | American Airlines - Renewal | American, American Eagle - Amended Statement of Authorization
Continental Airlines - Cleveland-London Renewal | Gulf Air - Renewal (2) | Northern Airlines Corp. - Motion to Withdraw Applicaiton
Northwest - Mexico Codeshare w/ Alaska
UAL - Route Integration
Answers and Replies:
Colgan Air - Answer of Colgan Air to Answer of Queens Borough President
Competitive Issues Affecting the Domestic Airline Industry - Motion and Supplemental Comments of ATA
Notices of Action Taken:
Aeromexico | Air Canada and SAS
Notices and Orders:
1999 U.S.-Italy - Notice Shortening Answer Period | JAC and ANA - Erratum
Order Issuing Certificates - Continental Airlines / Continental Express / Continental Micronesia / FWIA / Millon Air, Inc., United Parcel Service / USAir
Aerovias de Mexico, S.A. de C.V.
| OST-98-4491 | Filed September 23, 1998 Issued February 25, 1999 |
Notice of Action Taken |
Merida, Mexico and Orlando, Florida |
Exemption from 49 US section 41301 to permit the applicant to continue to conduct scheduled, combination service between Merida. Mexico, and Orlando, Florida.
By: Paul Gretch
Air Canada and Scandinavian Airlines System
| OST-99-5146 | Filed Februrary 4, 1999 Issued February 26, 1999 |
Notice of Action Taken |
US-Norway/Sweden/Denmark |
Amendment of Statement of Authorization (last granted November 19, 1997) under 14 CFR 212 of the Department's regulations to permit SAS to place its airline designator code on any U.S.-Canada transborder services operated by Air Canada; and to permit Air Canada to place its airline designator code (on a blind-sector basis) on any flights operated by SAS between the United States and Norway/Sweden/Denmark.
By: Paul Gretch
| OST-97-2965 | February 26, 1999 | Application for Renewal of Exemption |
New York, Chicago, and San Juan Codeshare w/ Iberia |
| Service List |
Hereby applies for renewal of its exemption, granted by Order 98-12-6, December 7, 1998, authorizing Ameri-can to engage in foreign air transportation of persons, property, and mail between New York, Chicago, and San Juan, on the one hand, and Madrid, on the other. American uses the subject authority to conduct codesharing operations under an arrange-ment with Iberia Lineas de Espana, S.A., which was also ap-proved (and for an indefinite term) by Order 98-12-6.
Counsel: Carl Nelson, Jr., 202.496.5647, carl_nelson@amrcorp.com
American Airlines, Inc. and American Eagle Airline, Inc.
| OST-99-5161 | February 26, 1999 | Application for Amended Statement of Authorization |
Codeshare with Qantas |
| Service List |
Hereby apply for amendment of American's statement of authorization, most recently renewed under as-signed authority on February 22, 1999 (No. 98-120), to engage in certain codesharing services with Qantas Airways Limited. Under the requested amendment, the Qantas "QF" designator code will be displayed on American Eagle's domestic flights beyond Qantas's Los Angeles gateway to Las Vegas and to San Diego.
Counsel: Carl Nelson, Jr., 202.496.5647, carl_nelson@amrcorp.com
American International Airways, Inc.
| OST-99-5163 | February 26, 1999 | Application of AIA |
Reissuance of Certificates of Public Convenience and Necessity |
| Service List |
American International Airways, Inc. ("AIA"), a subsidiary of Kitty Hawk, Inc., hereby requests the Department of Transportation reissue the certificates of public convenience and necessity held by AIA in the name of Kitty Hawk International, Inc. d/b/a American International Airways. permission, which permission was orally granted by the DOT on February 11, 1999, AIA had requested February 12, 999, to trade under the name Kitty Hawk Inter-national.- AIA is now ready to take the next step, having completed the formalities associated with the change in the legal name of the corporation, and to request the new name of the carrier to be formally reflected in the certificate operating authority issued by the DOT
Counsel: Bagileo Silverberg, Robert Silverberg, 202.944.3300
| OST-97-3086 | February 26, 1999 | Answer of Colgan Air to Answer of Queens
Borough President, City of New York |
High Density Rule - LaGuardia Slots |  HTML |
Colgan Air is asking for the slots necessary to maintain existing services to small communities that have had long-standing service to LaGuardia and have extensive ties to the New York area. While Colgan would like to be in a position to expand its operations to high density airports, its immediate concern is being able to continue service to Nantucket and Charlottesville. The Borough President evidently believes that small and medium communities do not deserve service to LaGuardia and, if residents of those communities want to travel to New York, they should do so in "non-slot controlled" hours or at other airports. Apparently LaGuardia is reserved for certain-sized markets and carriers. That was not the intention of the high density rule although, as a result of consolidation in the industry and the proliferation of large hubs, service to smaller markets is disappearing. As a result of that consolidation, the regional carrier s purchased by the large carriers have shifted operations to larger markets, leaving smaller cities with no service to LaGuardia or National.
Counsel: Ungaretti & Harris, Edward Faberman, 202.639.7501
Competitive Issues Affecting the Domestic Airline Industry
| OST-98-4025 | February 26, 1999 | Motion for Leave to File an otherwise Unauthorizaed Document
and Supplemental Comments of the Air Transport Association |
Competitive Issues Affecting the Domestic Airline Industry | HTML |
The ACAA apparently wishes that every airport would have gates immediately available for any new entrant, even though maintaining spare capacity is inefficient and expensive. But even in such a utopia, airspace and runway constraints would still stop airlines from expanding as much as they and their customers would like. ACAA's Comments take no account of the airspace and runway constraints, which by definition limit capacity and are unrelated to the airport practices under review here. Second, even if there are a small number of cases in which gate constraints are a factor, the new entrants can do as airlines did before them: pay to build new gates.
Counsel: Thompson Coburn, Patricia Snyder, 202.508.1000
| OST-96-1642 OST-99-5165 |
February 26, 1999 | Application for Exemption |
Cleveland-London Gatwick |
| Service List |
Continental had hoped to start Cleveland-London service on February 19, 1999, but, despite its best efforts and those of many other parties over the past many months, Continental was unable to obtain suitable slots until just yesterday. Although Continental immediately announced its new Cleveland-London (Gatwick) service yesterday, once it received word that suitable slots had been secured, unless an extension is granted Continental now has only two and a half months to prepare for start-up, promote the service and conduct advance sales in Cleveland as well as throughout the Continental network served through Cleveland. Permitting Continental the short extension requested is necessary so Continental's new Cleveland-London (Gatwick) service can effectively develop the new Cleveland gateway and compete effectively with existing nonstop London services for connecting traffic, including those provided at Chicago (American and United), Detroit (Northwest) and Cincinnati (Delta).
Counsel: Crowell & Moring, LLP, Lorraine Halloway, 202.624.2500, lhalloway@cromor.com
| OST-95-309 | February 26, 1999 | Application for Renewal of Exemption |
U.S. Points and Cyprus, Geneva, & Middle Eastern Points (Pursuant to Codeshare Agreement with American Airlines) |
| Service List |
Gulf Air Company, G.S.C., requests the Department of Transportation to renew its exemption from 49 U.S.C. §41301 to provide foreign air transportation of persons, property and mail between the U.S. coterminal points New York, New York, and Houston, Texas, on the one hand, Cyprus, and Geneva, Switzerland as intermediate points, and Abu Dhabi, Bahrain, Oman and Qatar, on the other hand, including charters pursuant to 14 C.F.R. 212, and to grant such other relief as maybe in the public interest.
| OST-96-1055 | February 26, 1999 | Application for Renewal of Exemption and Statement of
Autorization |
London, US - Middle Eastern Points (Codeshare with American Airlines) |
| Service List |
It is in the public interest for the Department of Transportation to renew the exemption and Statement of Authorization granted to Gulf Air to provide foreign air transportation between London, England, on the one hand, and Abu Dhabi, Bahrain, Oman, and Qatar, on the other, pursuant to a code-sharinq agreement with American Airlines under which Gulf Air display, the American code on Gulf Air flights between London and those Gulf States.
Counsel: Roller & Bauer, PLLC, Moffett Roller, 202.331.3300
Japan Airlines Company, Ltd. and All Nippon Airways Co., Ltd.
| Order 99-2-25 | Served February 26, 1999 | Erratum |
Chicago O'Hare-Osaka |
By Order 99-2-25, issued February 22, 1999, the Department granted temporary slot exemptions to All Nippon Airways Co., Ltd. (ANA) to serve the Chicago O'Hare Airport-Tokyo market, and Japan Airlines Company, Ltd. (JAL) to serve the Chicago O'Hare Airport-Osaka market, for the summer 1999 traffic season. The Department amends ordering paragraphs 3 and 6 of the instituting order to read as follows: The temporary slot allocation provided for in ordering paragraph 1 is effective commencing on May 1, 1999, and expires on October 30, 1999. The temporary slot allocation provided for in ordering paragraph 4 is effective commencing on April 4, 1999, and expires on October 30, 1999.
By: Charles Hunnicutt
1999 U.S.-Italy Combination Service Case
| OST-98-4854 | Served February 26, 1999 | Notice Shortening Answer Period |
Delta's Pendente Lite Emergency Motion |
By: Paul Gretch
| OST-97-3075 | February 26, 1999 | Motion to Withdraw Application |
Certificate of Public Convenience and Necessity |
| Service List |
On October 31, 1997 Northern Airlines Corporation (Northern Airlines) filed an application for a certificate of public convenience and necessity in the above-referenced docket. Northern Airlines respectfully moves to withdraw this application without prejudice to the refiling of a new application in the future.
Counsel: Winthrop Stimson, John Gillick, 202.775.9800
| OST-99-5164 | February 26, 1999 | Application for Exemption |
US-Mexico Codeshare w/ Alaska Airlines |
| Service List |
Northwest seeks foreign air transportation between San Diego and San Jose del Cabo; between San Jose and San Jose del Cabo and Puerto Vallarta; and between Phoenix and San Jose del Cabo and Puerto Vallarta. Northwest intends to commence the proposed code-sharing with Alaska as soon as possible, and Northwest asks that the Department grant Northwest exemption authority on an expedited basis to enable Northwest to seek foreign authority and engage in advance sales and marketing activities.
Counsel: Megan Rae Poldy, 202.842.3193
| OST-97-2126 | February 26, 1999 | Application for Renewal and Amendment of an Exemption |
Certificates of Public Convenience and Necessity |
| Service List |
United requests the Department to renew its exemption most recently renewed and amended by Order 97-6-16 authorizing integration of service on Routes 57, 115, 130, 246, 552, 566, 588, 603, 624, 632, 664, 669, 675, 703, 7187 720 and integration of services authorized by segments 1, 2 and 5 of Route 603, and to amend that authority to allow United to integrate services authorized in its Certificates of Public Convenience and Necessity for Routes 1 and 747 and currently held exemptions to permit foreign air transportation serviced involving any points named in the above certificates of public convenience and necessity and exemptions, to the extent such integration is consistent with applicable international agreements.
Counsel: Kirkland & Ellis, Jeffrey Manley, 202.879.5161
United Air Lines v. The European Commission and Nat'l Implementing Authorities
| OST-98-4030 | February 26, 1999 | Limited Waiver by UAL of Statututory Deadline |
United's Complaint |
United recognizes that the inter-governmental initiatives can take more time than has been afforded within the statutory framework. Indeed, the informal meetings between U.S. and EU officials scheduled to take place earlier this week had to be postponed for reasons unrelated to the subject-matter of United's complaint. United is, therefore, willing to allow such initiatives a further opportunity to bear fruit. To that end, United hereby agrees to a limited waiver of the 180-day statutory deadline in 49 U.S.C. 741310(d) for an additional 90-day period, through June 3, 1999. United submits that the public interest would be served by deferring action on its Complaint to provide a further opportunity to resolve this matter.
Counsel: Kirkland & Ellis, Jeffrey Manley, 202.879.5161
Order Isuing Certificates / Continental airlines, Inc. Continental airlines, Inc. and Continental Express, Inc., Continental Micronesia, Inc., Florida West International Airways, Inc., Millon Air, Inc., United Parcel Service Co., USAir, Inc.
| Order 99-2-28 OST-96-1485 OST-96-1080 OST-97-3092 Undocketed Undocketed OST-96-1198 OST-96-1202 OST-95-317 OST-95-317 OST-96-1492 OST-96-1287 |
February 26, 1999 |  Order Issuing Certificates |
For certificates, exemptions or other authorities or relief under 49 U.S.C. sections 41102 or 40109 and regulations of the Department of Transportation. |
By: Paul Gretch
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