Response of the Metropolitan
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OST Docket Filings for March 5, 1999 |
Last Updated 03/09/99 10:56 AM
Applications and Renewals:
Haiti - Renewal | IATA | Lan Chile - Codeshare Renewal w/ Canadian | Sky King | Southeast Aviation
Answers and Replies:
Accessair - Response of the Metropolitan Airport Authority of Rock Island County, Illinois
Canadian - O'Hare Slot Answer of Air Carrier Assoc | Delta - Mexico Answer of United
Fine Air and Arrow - Answer of Gemini Air Cargo
Notices of Action Taken:
Braathens and Northwest | TWA - Tokyo Dormancy
Notices and Orders:
| OST-99-5153 | March 5, 1999 | Response of the Metropolitan
Airport Authority of Rock Island County, Illinois |
Emergency Exemptions - Des Moines, Iowa/Molina-Quad Cities, Illinois and New York LaGuardia and Des Moines, Iowa/Peoria, Illinois and New York La Guardia |
The more than 770,000 people served by the Quad City International Airport have benefitted greatly by the startup operations of AccessAir and having access to the New York market. AccessAir, Inc. requires these two exemptions on an emergency basis in order to continue this service. The Quad Cities is an underserved market and has exhibited a demons/ratable need for this route. Consequently, the Airport Authority supports wholeheartedly AccessAir, Inc. 's Application for Emergency Exemptions.
By: Bruce E. Carter, A.A.E., Director of Aviation Metropolitan Airport Authority of Rock Island County, 309.757.1732
Braathens ASA and Northwest Airlines, Inc.
| OST-99-5148 | Filed February 25, 1999 Issued March 5, 1999 |
Notice of Action Taken |
Intra-Country Codeshare |
(1) Exemption from 49 U.S.C. 41301 to permit Braathens to conduct foreign air transportation of persons, property and mail by placing its airline designator code on flights operated by Northwest between Minneapolis, MN, and Oslo, Norway. (2) Statement of authorization under 14 CFR 212 of the Department's regulations to permit Northwest to display the airline designator code of Braathens on scheduled flights operated by Northwest between Minneapolis, MN, and Oslo, Norway.
By: Paul Gretch
Canadian Airlines International, Ltd.
| OST-99-5115 | March 5, 1999 | Answer of The Air
Carrier Association of America |
High Density Rule - Chicago O'Hare |  HTML |
As noted by various parties, including the General Accounting Office, it is difficult if not impossible to purchase or even enter into long-term leases for slots. Large carriers control the high density airports, dampening the doors to some. but keeping the doors locked to most who wish to compete and to all new entrants.
Counsel: ACA, Edward Faberman, 202-639-7502
| OST-97-2161 | March 5, 1999 | Answer of United Air
Lines |
Renewal of Exemption - US-Mexico Codeshare with Aeromexico |
The January 26, 1999 amendment to the U. S.-Mexico Air Transport Agreement should provide sufficient opportunities for the Department to grant all outstanding U. S.-Mexico transborder requests, including those of United and Delta. Because transborder code-share designations remain limited to four under the new agreement, however, the Department should approve United's long-outstanding application no later than it acts on any other U.S.-Mexico transborder code-share application. It would be both unfair and potentially prejudicial if the Department were to grant other outstanding requests before approving the United/Mexicana application, particularly where, as here, several of the applicants request authority for the same transborder city pairs. United would be competitively disadvantaged if the Department were to enable other competitors to introduce new services in the U. S.-Mexico market before the Department grants the pending United/Mexicana application. Resolution of the transborder code-share issues also paves the way for the Department to promptly approve the May 20, 1998 United/Mexicana Chicago-Toronto application for statement of authorization and the December 29, 1998 United/Air Canada U.S.-Mexico City application for statement of authorization which were both deferred as a result of the transborder code-share dispute.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161
Fine Air Services Corp. and Arrow Air, Inc.
| OST-99-5140 | March 4, 1999 | Answer of Gemini Air
Cargo to Amendment #1 of Fine Air and Arrow's Joint Application |
Approval of Route Transfer Authority and Motion to Shorten Answer Period |
In their Amendment/Motion the Joint Applicants advise that the Federal Trade Commission has removed any barrier to the merger worth. respect to matters under FTC jurisdiction, but the Joint Applicants do not explain why this FTC action should be a basis for shortening Departmental consideration of the Joint Application.. The further assertion by the Joint Applicants that the Department should shorten the answer period and approve the Joint Application because approval is in the public interest is not of itself a reason to shorten the answer period.
Counsel: Roller & Bauer, PLLC, Moffett Roller for Gemini Air Cargo, 202.331.3300
| OST-98-3666 | March 5, 1999 | Application for Renewal of
Exemption Authority |
Port au Price-Miami/New York |
| Exhibit: Operating Authority from The Gov't of Haiti | |||
| Service List |
Haiti International Airlines has held Department exemption authority since it was initially issued on April 15, 1998. Consistent with that authority, HIA is currently authorized to provide scheduled services, under wet lease arrangements with a duly authorized and properly supervised U. S. or foreign air carrier, of persons, property and mail between Port au Prince, Haiti, on the one hand, and Miami, Florida and New York, New York (including Newark), on the other hand. As that authority is scheduled to expire on April 15, 1999, HIA herewith respectfully requests that such authority be renewed.
Applicant now anticipates that it should be able to inaugurate scheduled services, in accordance with its authority, and under the terms of a wet lease agreement with a qualified U. S. or foreign carrier, on or around June 1, 1999.
Counsel: Allan Mendelsohn, 202-778-1233
| OST-99-5188 | March 5, 1999 | Application for Renewal of
Statement of Authorization |
Codeshare Services with Canadian Airlines International |
| Service List |
Canadian's "CP" designator code will be placed on flights operated by Lan Chile (a) between Los Angeles and Santiago that connect with Canadian flights between Los Angeles and Vancouver and (b) between Miami and Santiago that connect with Canadian flights between Miami and Toronto. The Lan Chile-Canadian codeshare arrangement is reciprocal. Canadian is separately filing an Application for Renewal of Statement of Authorization to continue placing Lan Chile's "LA" designator code on Canadian operated flights (a) between Los Angeles and Vancouver that connect with Lan Chile flights between Los Angeles and Santiago and (b) between Miami and Toronto that connect with Lan Chile flights between Miami and Santiago.
Counsel: Juan Carlos Mencio, General Counsel - North America, 305.671.5008
| OST-97-3017 OST-97-3113 |
March 1, 1999 Docketed March 5, 1999 |
Application for an Exemption |
Dormancy Provision - Certificate of Public Convenience, Interstate/Foreign |
| Service List |
Sky King personnel have been anything but dormant, and have continued relentlessly in pursuit of the FAR Part 121 Operating Certificate. The Sacramento Flight Standards District Office (FSDO) is underfunded, understaffed, and has had very limited resources and time to dedicate toward Sky King FAR Part 121 certification. The SFSDO certification team conflicting workload of other operators and duties, annual out of town training requirements, and vacation schedules of FSDO personnel have dramatically impacted the processing of Sky King's 121 certification. This FSDO lack of personnel time and resources has been exacerbated by the recent mandatory insertion of the national Certification Standardization Evaluation Tenon the certification process, and further involvement of the Seattle Aircraft Evaluation Group (AEG), the Long Beach Aircraft Certification Office (ACO), and personnel from the Reno FSDO, Hawaii FSDO and from the FAA Western Region. Absent the lateness of the mandatory CSET involvement in the process, and the certification process path uncertainty and confusion emanating therefrom, Sky King believes it would have been timely certified prior to April 1, 1999.
By: Greg Lukenbill, Sacramento, CA
| OST-99-5203 | March 3, 1999 | Application for a Waiver |
Revocation for Dormancy Provisions |
| Service List | |||
| Certificate of Insurance |
A delay in beginning operations has been due to the start up and operation of AirOne. AirOne is a dba of Taquan Air Service, Inc. which was operating two Jetstream aircraft in domestic service under FAR Part 121. AirOne ceased operations on February 14, 1999. The FAR Part 121 certification process started in October 1997 and was completed on May 31, 1998 when the FM approved Operations Specifications. The certification process and subsequent start up operation resulted in a very demanding workload for the key management personnel. Specifically, that Randy Lanfell, Director of Operations, was the lead person in the FAR Part 121 certification project and that Thor Johnson, Chief Pilot, was one of the initial cadre of AirOne pilots and also served as checkairman assisting with the certification project. The workload required for the AirOne startup and initial operation precluded the key management personnel from initiating service of Southeast Aviation, Inc. Now that AirOne has ceased operations the workload on these key personnel has been drastically reduced and implementation of the start up of Southeast Aviation can begin. Southeast Aviation requests an additional 120 days before operations can begin.
By: Jerry Scudero, President Taquan Air Service
| OST-98-3419 | Filed February 17, 1999 Issued March 5, 1999 |
Notice of Action Taken |
St. Louis-Tokyo Waiver from Dormancy Condition |
By Order 98-5-17, the Department granted certificate authority to Trans World to provide service between St. Louis and Tokyo and allocated it a total of seven weekly frequencies to operate this service. The frequencies are subject to the condition that Hey will expire automatically and revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the order, the frequency allocation would expire August SO, 1999, i.e. 90 days after Trans World's proposed start-up date of June 1, 1999. Trans World has requested that the dormancy condition be waived until June 1, 2000, because the required slots at Tokyo's Narita Airport are not available now for the inauguration of its service. Furthermore, Trans World states that the economic conditions in Asia make it necessary to begin its service during the next peak season. The 90-day dormancy period will begin June 1, 2,000, or the date on which Trans World begins service in the St. Louis-Tokyo market, whichever occurs earlier.
By: Paul Gretch
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 99-3-5 OST-98-4030 |
Issued March 5, 1999 Served March 10, 1999 |
 Order Granting Waiver |
Complaint of United against The European Commission |
By: Charles Hunnicutt
International Air Transport Association
| OST-98-3538 | March 5, 1999 | Technical Correction |
PTC2 AFR Fares 0022 dated 5 March 1999 Corrects PTC2 AFR Fares 0013 |
| OST-99-5202 | March 5, 1999 | Application for Approval of
Agreements |
PTC COMP 0416 dated 9 March 1999 Mail Vote 993 - Passenger Resolution 024d Amendment to Rounding unit and decimal unit for Zimbabwe Intended effective date: 1 April 1999 |
By: David O'Connor, 202.624.2977
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