Commercial Cooperation
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OST Docket Filings for March 10, 1999 |
Last Updated 03/18/99 10:33 AM
America West and Air China Agreement Added 3/11
Applications and Renewals:
America West and Air China - Commercial Cooperation Agreement | Delta - Tokyo Dormancy | IATA | Malaysia - Malaysia-Newark
TWA and Royal Jordanian - Renewal of Statements of Authorization | Fine Air - Withdrawal of Colombia Application
Answers and Replies:
Delta and Austrian - Answer of Northwest & KLM | Delta and Sabena - Answer of Northwest & KLM
Delta and Swissair - Answer of Northwest & KLM | Delta - Tokyo Dormancy Answer of Hawaii
New Air - Surreply of Delta | US-Italy - Answer of Delta
Notices of Action Taken:
Notices and Orders:
America West Airlines, Inc. and Air China International Corp.
| OST-99-5215 | Dated August 11, 1998 | Commercial Cooperation
Agreement |
China - U.S. |
| Exhibit A: Schedule Coordination and Codesharing | |||
| Exhibit B: Internal Reservations and Computer Reservation System | |||
| Exhibit C: Through Check-In and Seamless Connecting Service | |||
| Exhibit D: Multilateral Prorate Agreement | (Redacted) | ||
| Exhibit E: Frequent Flyer Agreement | (Redacted) | ||
| Exhibit F: Product Consistency Implementation Plan | |||
| Exhibit G: Not Applicable | |||
| Exhibit H: Personnel Contacts by Area of Responsibility | (Redacted) | ||
| Exhibit I: ATPCO Rule 80B |
By: Michael Smith, Senior V.P., Sales and Marketing for America West and Zhang Kaijian, Deputy Chief Economist for Air China
| OST-98-3419 | Dated March 9, 1999 Docketed March 10, 1999 |
Waiver of Dormancy Condition Applicable to its Honolulu-Tokyo Frequency |
1998 U. S. - Japan Combination Service Proceeding (Honolulu-Tokyo Frequency) |
Letter of carriers that were served with the above-referenced request filed by Delta on
March 3, 1999 have advised us
that they have no objections. Delta urges the Department to grant a waiver of the Dormancy
condition before March
15, 1999.
Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
| OST-98-3419 | March 10, 1999 | Answer of The State of
Hawaii |
1998 U. S. - Japan Combination Service Proceeding (Honolulu-Tokyo Frequency) |
As Hawaii's prior pleadings in this docket demonstrate, Hawaii has repeatedly articulated the need for additional nonstop Honolulu-Tokyo service. Although Delta was awarded the authority to operate such service, it has been unable to secure the Narita slots necessary to implement this important new service so important to the economic future of Hawaii. By awarding Delta the authority to operate Honolulu-Tokyo service, the Department has already determined that such service is in the public interest. In light of the continuing slot problems at Narita, Delta's request for a six month waiver of the dormancy provision is warranted. Failure to grant Delta's request would result in the termination of Delta's frequency allocation, a result contrary to the tourism, trade and commercial needs of Hawaii.
Counsel: Hawaii and Shaw Pittman, JE Murdock, 202-663-8342
| OST-97-2344 OST-97-2972 OST-99-5169 |
March 10, 1999 | Joint Answer of Northwest
and KLM |
Renewal of Blanket Codeshare Authority |
Delta, Austrian and Tyrolean now ask the Department to renew their blanket Statements of Authorization even though the Department has yet to grant Northwest and KLM's initial application. It would be grossly unfair to both Northwest and KLM, and seemingly indefensible as a matter of policy and procedure, for the Department to renew the Statement of Authorizations of Delta and its partners before granting the application of Northwest and KLM. This situation is particularly inexplicable because the Northwest-KLM code-share alliance was implemented years before Delta s alliance with Austrian and Tyrolean was implemented. and the underlying U.S.-Netherlands open skies agreement was signed years before the United States signed its open skies agreement with Austria.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193 and Zuckert Scoutt, Charles Simpson, 202-298-8660 / KLM, Paul Mifsud, 202-626-6717
Delta Air Lines, Inc. and Sabena Belgium World Airlines, Inc.
| OST-99-5171 | March 10, 1999 | Joint Answer of Northwest
and KLM |
Renewal of Blanket Codeshare Authority |
Delta and Sabena now ask the Department to renew their blanket Statements of Authorization even though the Department has yet to grant Northwest and KLM's initial application. It would be grossly unfair to both Northwest and KLM, and seemingly indefensible as a matter of policy and procedure, for the Department to renew the Statement of Authorizations of Delta and Sabena before granting the application of Northwest and KLM. This situation is particularly inexplicable because the Northwest-KLM code-share alliance was implemented years before Delta's alliance with Sabena was implemented, and the underlying U.S.-Netherlands open skies agreement was signed years before the United States signed its open skies agreement with Belgium.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193 and Zuckert Scoutt, Charles Simpson, 202-298-8660 / KLM, Paul Mifsud, 202-626-6717
Delta Air Lines, Inc., Swissair, Swiss Air Transport Company Ltd. and Crossair AG
| OST-99-5170 OST-97-2778 |
March 10, 1999 | Joint Answer of Northwest
and KLM |
Renewal of Blanket Codeshare Authority and Exemption |
Delta, Swissair and Crossair now ask the Department to renew their blanket Statements of Authorization even though the Department has yet to grant Northwest and KLM's initial application. It would be grossly unfair to both Northwest and KLM, and seemingly indefensible as a matter of policy and procedure, for the Department to renew the Statement of Authorizations of Delta and its partners before granting the application of Northwest and KLM. This situation is particularly inexplicable because the Northwest-KLM code-share alliance was implemented years before Delta's alliance with Swissair and Crossair was implemented, and the underlying U.S.-Netherlands open skies agreement was signed years before the United States signed its open skies agreement with Switzerland.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193 and Zuckert Scoutt, Charles Simpson, 202-298-8660 / KLM, Paul Mifsud, 202-626-6717
| OST-98-3938 Docket Number Corrected 3/11 |
March 10, 1999 | Motion to Withdraw Application
for Allocation of US-Colombia Route Opportunity |
US-Colombia All-Cargo Services |
By a May 26, 1998 Notice, the Department invited applications from all U.S. carriers interested in providing scheduled all-cargo services in the U.S. - Colombia market. See Notice Inviting Applications, United States - Colombia All-Cargo Services, May 26, 1998 (Undocketed). This Notice was served on all certificated U.S. carriers. Id. In response to the Notice, applications were filed by Polar Air Cargo, Inc. (Docket OST-98-3939); UPS (Docket OST-98-3946); and Fine Air Services, Inc. All of these three (3) competing applications remain pending before, the Department for the single available allocation of U.S. - Colombia scheduled all-cargo rights. At this point, Fine Air Services, Inc. respectfully moves that its application be withdrawn.
Counsel: Pierre Murphy, 202-872-1679, pmurphy@lopmurphy.com
Fine Air Services Corp. and Arrow Air, Inc.
| OST-99-5196 | Posted March 10, 1999 Served March 11, 1999 |
Notice to All Parties |
Route Transfer Authority |
In view of the fact that the Federal Trade Commission terminated its Hart-Scott-Rodino review on March 1, 1999, we believe it is in the public interest to act on the joint applicants' request as soon as practicable. Therefore, we have decided to the shorten the answer period, although not to the extent requested by Fine and Arrow. Answers to the noted application will be due by the close of business on March 12, 1999.
The certificated air carriers requesting additional time in which to respond to the joint applicants' request were Polar Air Cargo, Gemini Air Cargo, and United Parcel Service. Only Polar currently provides scheduled service in the affected markets, with the other two air carriers operating nonscheduled service.
By: John Coleman
Editor's Note: Only Gemini has publicly filed within the Docket stating its objection to a shortened answer period under Docket OST-99-5140
International Air Transport Association
| OST-98-4918 | March 10, 1999 | Technical Correction of
Pending Agreement |
PSC/Reso/096 - Resolution 722f |
Counsel: IATA, David O'Connor, 202-624-2977
| OST-99-5217 | March 10, 1999 | Application for an Exemption |
Malaysia-Newark-via Dubai |
| Service List |
MAS proposes to operate combination service on a Kuala Lumpur-Dubai-Newark routing. The flights will be performed using Boeing 777-200 aircraft.
Counsel: Zuckert Scoutt, Charles Simpson, 202-298-8660
| OST-99-5085 | March 10, 1999 |  Surreply of Delta
Air Lines and Motion for Leave to File |
High Density Rule - JFK |
New Air also erroneously persists in relying on the statutory new entrant provision for its request for more than 12 JFK slots. Once New Air has Obtained 12 slots from any source (including the new entrant exemption provision) it would no longer be a "new entrant" as that term is defined by the statute and the regulation and would no longer be entitled to additional new entrant slots. To the extent that New Air seeks an award of HDR slots in excess of the new-entrant limit expressly contained in the statute, any such slot application would be inconsistent with the statutory exemption provision. If there are additional slots available at JFK, Delta and other carriers must be afforded a fair and equal opportunity to obtain such slots.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-98-4583 | Filed October 14, 1998 Issued March 10, 1999 |
Notice of Action Taken |
Russia-US Charter Cargo |
Engage in charter foreign air transportation of property and mail between the Russian Federation and the United States; and other charters subject to Part 212 of our rules.
By: Paul Gretch
Trans World Airlines, Inc. and Royal Jordanian Airlines
| OST-99-5216 | March 10, 1999 | Joint Application for Renewal
of Statements of Authorization |
14 C.F.R. Part 212 (New York-Amman and beyond) |
| Service List |
Renewal of the statements of authorization is in the public interest. The Department has stated in its International Aviation Policy that "code-sharing and other cooperative marketing arrangements can provide cost-efficient ways for carriers to enter new markets, expand their systems and obtain additional flow traffic to support their operations by using existing facilities and scheduled operations." The arrangement between Royal Jordanian and TWA currently provides improved passenger service between the U.S. and the Netherlands, Jordan, the Persian Gulf, Pakistan, and India. The arrangement also enables both carriers to expand their international air service systems.
Counsel: Baker & Hostetler, L.L.P., Joanne W. Young
1999 U.S.-Italy Combination Service Case
| OST-98-4854 | March 10, 1999 | Answer of Delta
Air Lines to Objections |
1999 US-Italy Combination Service Case |
The Objectors try to distract attention away from the superiority of Delta's service proposal by arguing that Chicago allegedly has a larger catchment area than Atlanta. This argument is misplaced. The size of Chicago's catchment area, however large it may be, does not accurately reflect, to use the Objectors' own words, "the real measure of public benefits" because it does not establish "how many passengers will actually use the service."
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
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