OST Filings for March 1, 1999

Hereby requests emergency renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to perform scheduled foreign air transportation between Brussels, Belgium and a point or points in the United States, and to conduct charters pursuant to the Department's regulations in 14 C.F.R. 212. City Bird requests renewal of this exemption for a two-year period on its existing terms and conditions.

Counsel: Squire Sanders, Marshall Sinick, 202.626.6651

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Continental Airlines, Inc.

OST-99-5165

March 1, 1999

Re: Application for Exemption

Revised Cover Page

As requested, Continental has revised the cover and page one of the above referenced application to delete the certificate application caption. The answer date remains March 15, 1999.

Counsel: Crowell & Moring, Lorraine Halloway, 202.624.2500, lhalloway@cromor.com

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Delta Air Lines and Austrian Airlines, Osterreichische Luftverkehrs and Tyrolean Airways, Tiroler Luftfahrt

OST-97-2344 OST-97-2972 OST-99-5169	March 1, 1999	Joint Application for Renewal Scanned Version	U.S. - Austria
		Service List

Austrian and Tyrolean respectfully request that the Department renew, on an indefinite basis, the code-share and exemption authority described herein, to enable the carriers to continue to provide code share services that are consistent with their underlying international authority and with applicable international agreements.

Counsels: Shaw Pittman, J.E. Murdock III for Austrian, 202.663.8342, and Robert Cohn for Delta, 202.663.8060

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Delta Air Lines and Sabena Belgian World Airlines

OST-99-5171	March 1, 1999	Joint Application for Renewal Scanned Version	U.S. - Belgium
		Service List

Delta and Sabena respectfully request that the Department renew, on an indefinite basis, the code-share authority described herein, to enable the carriers to continue to provide code-share services that are consistent with their underlying international authority and with applicable international agreements, and grant such other and further relief as the Department determines to be in the public interest.

Counsels: R. Tenney Johnson for Sabena, 202.261.3510

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Delta Air Lines, Swissair, Swiss Air Transport, and Crossair

OST-99-5170 OST-97-2778	March 1, 1999	Joint Application for Renewal Scanned Version	U.S. - Switzerland
		Service List

Delta, Swissair and Crossair respectfully request that the Department renew, on an indefinite basis, the code-share and exemption authority described herein, to enable the carriers to continue to provide code share services that are consistent with their underlying international authority and with applicable international agreements, and grant such other and further relief as the Department determines to be in the public interest.

Counsels: Steptoe & Johnson, William Karas for Swissair, Swiss Air Transport, and Crossair, Shaw Pittman, Robert Cohn for Delta, 202.663.8060

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Haines Airways

OST-99-5166

March 1, 1999

90-Day Notice of Intention to Terminate Air Service

Kake, Alaska

This letter is to serve as notice that Haines Airways, Inc. will be discontinuing scheduled service to Kake. At this time we are requesting to be removed from the equalized distribution until further notice.

By: Boyd Hoops, Director of Operations, Haines Airways, 907.766.2646

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Lineas Aereas Privadas Argentinas

OST-96-986

Filed January 21, 1999
Issued March 1, 1999

Notice of Action Taken

Argentina - US

Exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons' property and mail between Argentina and the United States; and to perform other charters in accordance with Part 21 of our rules.

By: Paul Gretch

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Luxair, S.A.

OST-99-5167	March 1, 1999	Application for Exemption	U.S. - Luxembourg
		Service List

Luxair intends to provide the first nonstop passenger service between Luxembourg and the United States, replacing connecting service over Iceland recently terminated by Icelandair. In order to quickly implement service for the upcoming spring and summer season, Luxair has entered into a wet lease agreement with City Bird, S.A., a Belgian air carrier already providing service to the U.S.

Initially, Luxair will operate four weekly nonstop round trip flights from Luxembourg City to New York (Newark International Airport) using City Bird B-767-300ER equipment. City Bird is a perfect wet lease partner for Luxair's new service owing to its North Atlantic route experience, high quality service, management experience, and quality aircraft, with an ideal cabin configuration for the proposed route (24C/222Y). Luxair proposes to commence service on March 30, 1999.

OST-99-5168	March 1, 1999	Application for Foreign Air Carrier Permit	U.S - Luxembourg
		Service List
		Verification
	Exhibits Added 3/2	Exhibit A: Name and Address of Applicant, Articles of Incorporation
		Exhibit B: Name and Address of Transportation Authority
		Exhibit C: Authority Sought and Proposed Service
		Exhibit D: Directors, Officers and Key Managers
		Exhibit E: Persons Holding 5% or More of Capital
		Exhibit F: Interests in Other Air Carriers, etc.
		Exhibit G: Relationship Between Applicant and Government
		Exhibit H: Insurance Coverage
		Exhibit I: Operating Authority
		Exhibit J: Operating History
		Exhibit K: List of Aircraft Owned, Leased and Operated; Address and Citizenship of Lessors
		Exhibit L: Aircraft Maintenance, JAR-145 Certificate
		Exhibit M: Cooperative Agreements, Memorandum of Understanding
		Exhibit N: Financial Data Summaries, Luxair 1997 Annual Report
		Exhibit O: Financial Assistance From Home Government
		Exhibit P: Estimate of Traffic and Financial Results, Pro Forma Financial Analysis
		Exhibit Q: Designation of Luxair
		Exhibit R: Policy of Luxembourg Toward U.S. Carriers, Air Transport Agreement, 1995 Exchange of Notes, 1998 Exchange of Notes
		Exhibit S: Safety or Tariff Violations
		Exhibit T: OST Form 4523
		Exhibit U: City Bird, S.A.'s Family Assistance Plan
		Exhibit V: Luxair Passenger Manifest Form

The sudden departure of Icelandair from the Luxembourg - United States market has created a void which Luxair proposes to fill. Luxair will offer nonstop service from Luxembourg City, conveniently located in the central portion of western Europe and within a short flight of most major European capitals, to the New York City metropolitan area, the largest market between Europe and the U.S. Nonstop service will reduce travel times significantly, provide numerous connecting opportunities for European passengers traveling to other major U.S. cities beyond New York, and will provide a new travel option for passengers and shippers alike.

Counsel: Stephen Lachter, 202.862.4321

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New Air Corporation

OST-99-5085	March 1, 1999	Reply of New Air Corp	High Density Rule - New York JFK	HTML
		Exhibit A: Letters Confirming Aircraft Acquisition Negotiations
		Service List

Interestingly, TWA argues that the Department will be unable to perform the public interest and exceptional circumstances analyses in New Air's proposed markets, specifically citing the New York-Boston market. As New Air detailed in its Application, this market has seventy daily flights in each direction. More than half of these flights operate from LaGuardia and Newark none of which are on low fare carriers. At JFK, while there are twenty-nine daily flights in each direction to and from Boston, only four are operated with jet aircraft and all twenty-nine charge unrestricted one-way fares in excess of $197.00. New Air clearly stated its intent to offer up to six daily roundtrips in this market with one way fares between JFK and Boston ranging from approximately $39.00 to $89.00.

Counsel: Dow Lohnes, Jonathan Hill, 202.776.2725

Polar Air Cargo, Inc.

OST-97-2352	March 1, 1999	Application for Renewal of Exemption	Miami - Caracas, Beyond Caracas to Rio de Janeiro and Sao Paulo
		Service List

Since receiving its exemption authority, Polar Air has been seeking a license from the Government of Venezuela to commence service. Despite the fact that Polar Air's service is fully authorized by the U.S.-Venezuela Air Transport Agreement, Polar's application with the Government of Venezuela has not been approved. After complying with repeated (and duplicative) requests for information to support its application anal being assured that a license would soon be forthcoming, Polar Air was advised that the Government of Venezuela would not approve any pending applications for all-cargo service to Venezuela. No reason was given for this denial. Polar Air is ready, willing and able to provide U.S.-flag service to Venezuela, but Polar Air remains blocked from start-up pending foreign government authorization.

OST-97-2390	March 1, 1999	Application for Renewal of Exemption	Anchorage - Oslo
		Service List

Polar respectfully that the Department renew its exemption authorizing it to operate scheduled air transportation of property and mail between Anchorage and Oslo, and to integrate that service with services offered by Polar pursuant to its authority in outstanding certificates of public convenience and necessity and other exemption authorizations to the extent consistent with applicable international agreements. Polar also requests that the Department grant it such other and different relief as the Department may deem in the public interest.

Counsel: Kirkland and Ellis, Jeffrey Manley, 202.879.5161, jeffrey_manley@kirkland.com

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U.S.- Romania Third-Country Code-Share Opportunities

OST-99-5096
OST-99-4507
OST-98-4508
OST-98-4506
OST-98-4509

March 1, 1999

Answer of Delta Air Lines

Scanned Version

US-Romania

The Department has fully considered and rejected Continental's arguments and correctly determined that Continental's proposal will provide the fewest service and competitive benefits of any applicant. Collectively, the proposals of Delta, United and Northwest will offer 41 weekly flights to Romania, providing online connecting service to 16 different U.S. gateways. No combination that includes Continental's proposal would match this level of service benefits.

Counsel: Shaw Pittman, Robert Cohn for Delta, 202.663.8060

OST-99-5096
OST-99-4507
OST-98-4508
OST-98-4506
OST-98-4509

March 1, 1999

Answer of United Air Lines

US-Romania

Continental objects to its slightly deferred start-up on the basis of the alleged benefits it would bring by adding an additional code-share network for services between the U.S. and Eastern Europe to compete with the networks which carriers such as United, Delta and Northwest already have in place. There is no analysis offered as to why service to Romania is essential to Continental's establishment of this regional code-share network. Continental already offers code-share service to the Czech Republic and is eligible to do so to Poland and Hungary. There is no suggestion that Continental requires access to Bucharest as a means of serving other countries in this region. Indeed, Bucharest is poorly located to provide such access, and Continental proposes to serve it as an end-point, not a hub.

Counsel: Kirkland & Ellis, Jeffrey Manley, 202.879.5161

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