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OST Docket Filings for March 18, 1999 |
Last Updated 03/19/99 06:08 PM
Applications and Renewals:
Air Wave Transportation | Britannia - Sweden | Continental - US-Saudi Arabia w/ Air France | Delta - US-UK | IATA
Northwest and KLM - Add US Gateways | United and Mexicana - Second Supplement
Answers and Replies:
American and China Eastern - Answer of Northwest/United | CRS - Reply of Southwest | Fine Air - US-Colombia Answer of Polar
Notices of Action Taken:
American - Acapulco/Leon | American and American Eagle - Codeshare w/ Qantas | Continental - Cleveland-Gatwick
Polar (2) - Caracas Beyond / Anchorage-Oslo
Notices and Orders:
812971 Ontario, Inc. o/a Air Wave Transportation
| OST-99-5384 | March 17, 1999 | Application for Exemption |
Montreal - Cincinnati |
| Service List | |||
| Canadian License | |||
| Financial Statements |
CV580 - Originating in Montreal, Quebec, Canada via Cincinnati, Ohio, USA and terminating in Montreal, Quebec, Canada. Air Wave Transportation is proposing to conduct all cargo charter operations using large equipment between Canada and the United States, and other all cargo charter flights, subject to prior approval under the departments regulations.
By: Grey Cooper, VP Operations, 905.405.8622
American Airlines, Inc.
| OST-98-3622 | March 18, 1999 | Answer of Northwest
Airlines in Support |
Los Angeles/San Francisco-Beijing/Shanghai; Codesharing With China Eastern |  HTML |
The airlines of developing nations are generally not in a position to offer passengers seamless high-quality service between non-gateway cities in the U.S. and the foreign country. Significant investments must be made to improve customer care facilities, integrate computer systems, and otherwise coordinate operations so that passengers originating in both countries receive the same high-quality service consumers everywhere desire. The investments that U.S. carriers must make in its partner are likely to be far higher when the partner is from a developing nation than it is otherwise. Moreover, obtaining the economic returns forecasted in any particular relationship may be more uncertain as the routes in question are likely to be thinner than other international routes. The approval of exclusivity arrangements in these circumstances is clearly essential if air service to these nations is to grow in the manner desired by all.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
| OST-98-3622 | March 18, 1999 | Answer of United Air
Lines |
Los Angeles/San Francisco-Beijing/Shanghai; Codesharing With China Eastern | HTML |
United fully supports renewal of American's exemption authority. United also urges that such renewal be unconditioned with respect to the exclusivity term. As United has noted elsewhere, such exclusivity terms should be allowed in order to assure successful promotion and development of code-share arrangements such as the one between American and China Eastern. United is seriously concerned that, notwithstanding unconditional DOT approvals of code-share arrangements such as that between American and China Eastern, the Department has imposed conditions on exclusivity in the virtually contemporaneous approval of the codeshare services of United and All Nippon Airways Co. Ltd.
Counsel: United and Kirkland Ellis, Jeffrey Manely, 202-879-5161, jeffrey_manley@kirkland.com
| OST-97-2303 | Filed February 19, 1999 Issued March 17, 1999 |
Notice of Action Taken |
(1) Chicago and Acapulco, and (2) Dallas/Ft. Worth and Leon, Mexico |
Scheduled foreign air transportation of persons, property, and mail between (l) Chicago, Illinois, and Acapulco, Mexico, and (2) Dallas/Ft. Worth, Texas, and Leon, Mexico, to provide direct-carrier service in the subject markets with its own aircraft. American also requests to integrate this exemption authority with its existing certificate authority on Routes 560 and 628 to serve between the United States and Mexico. American has requested the authority for an indefinite term.
By: Paul Gretch
American Airlines, Inc. and American Eagle Airlines, Inc.
| OST-99-5161 | Filed February 26, 1999 Issued March 18, 1999 |
Notice of Action Taken |
Los Angeles and Las Vegas - San Diego (Australia - U.S. w/Qantas) |
Display Qantas "QF" designator code on American Eagle's domestic flights between Los Angeles, on the one hand, and Las Vegas and San Diego, on the other for the carriage of Qantas' Australia-U.S. traffic.
By: Paul Gretch
| OST-99-5385 | March 17, 1999 | Application for Foreign Air
Carrier Permit |
Sweden, Denmark and Norway - U.S. |
| Verification | |||
| Opening Argument | |||
| Service List | |||
| Exhibit A: Key Personnel | |||
| Exhibit B: Holders of Five Percent or More of the Capital Stock of Applicant | |||
| Exhibit C: Interests of Applicant in Other Carriers or Persons Engaged in the Business of Aeronautics | |||
| Exhibit D: Statement of Authority Sought and Description of the Services Proposed | |||
| Exhibit E: Relationship Between Applicant and Its Homeland Government | |||
| Exhibit F: Applicant's Insurance Coverage | |||
| Exhibit G: Applicant's Operating Authority Issued by its Government | |||
| Exhibit H: Applicant's Operating History/Business Experience of Managers | |||
| Exhibit I: List of Aircraft Owned, Leased and Operated by Applicant | |||
| Exhibit J: Applicant's Maintenance Program | |||
| Exhibit K: Cooperative Working Arrangements with Other Carriers | |||
| Exhibit L: Financial Data Summaries | |||
| Exhibit M: Financial Assistance fro Applicant's Home Government | |||
| Exhibit N: Description of Proposed Services and Estimate of Traffic and Financial Results | |||
| Exhibit O: The U.S.-Swedish Air Transportation Agreement and Swedish Policy with Respect to U.S. Carriers | |||
| Exhibit P: Safety/Tariff Violations or Fatal Accidents | |||
| Exhibit Q: Waiver of Liability Limits Under the Warsaw Convention | |||
| Exhibit R: Qualifications of Applicant's Flight Crews |
Foreign air carrier permit authorizing it to engage in charter foreign air transportation of persons and their accompanying baggage, and property: ( 1 ) Between a point or points in Sweden, Denmark and Norway and a point or points in the United States; (2) Between a point or points in the United States and any point or points in a third country provided that such service constitutes part of a continuous operation that includes service to Sweden, Denmark and/or Norway for the purpose of carrying local traffic between Sweden, Denmark and Norway and the United States; and also authorizing Applicant to engage in other charter trips in foreign air transportation subject to the terms, conditions, and limitations of the Department's regulations governing charters.
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
Computer Reservations Systems Regulations
| OST-99-5132 | March 18, 1999 | Reply of Southwest
Airlines and Motion for Leave to File |
Second Extension of CRS Regulations |
WORLDSPAN's assertions are, in a word, absurd. The rule change it seeks -which WORLDSPAN concedes is aimed directly at Southwest Airlines - would force Southwest to do business with several CRS's with which it has no relationship and desires no relationship; it would significantly increase Southwest's costs; and it would diminish competition both among airlines and among CRS's. There is neither a principled intellectual basis for this proposal, nor empirical evidence to support it. While WORLDSPAN and its airline owners would benefit financially from this rule change, the public interest in expanding low-cost competitive air transportation would lose. To claim that this change is some how straightforward and "procompetitive" simply defies reality.
Counsel: Southwest, Robert Kneisley, 202-682-4534
Continental Airlines, Inc.
| OST-99-5392 | March 18, 1999 | Application for an Exemption |
US-Saudi Arabia Codeshare with Air France | HTML |
| Service List |
Once approved, the proposed Continental/Air France service between the United States and Saudi Arabia will provide significant benefits to the public. Continental will be able to offer U.S.-Saudi Arabia service for the first time and increase the travel options available to the U.S. traveling public. The U.S.-Saudi Arabia market is presently dominated by foreign flag carriers, and Continental's service will give U.S. passengers an additional option for service to Saudi Arabia. Benefits of the code-share will include one-stop check-in, frequent flyer program enhancements, improved interline services for baggage and more convenient, coordinated connections for U.S.-Saudi Arabia passengers at Continental's Newark and Houston hubs. In sum, the new travel options Continental can offer through this arrangement, combined with the efficiency of code-sharing on Air France operations, will introduce Continental as a new competitor on U.S.-Saudi Arabia routes. Continental asks the Department to grant itsapplication for an exemption under 49 U.S.C. § 40109 and Rule 401 of the Department's Rules of Practice so Continental can offer code-share services between Houston/Newark and Jeddah/Riyadh through Paris in cooperation with Air France.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615, rbkeiner@cromor.com
| OST-99-5165 | Filed February 26, 1999 Issued March 18, 1999 |
Notice of Action Taken |
U.S. - UK (Cleveland as a U.S. Gateway) |
By Order 98-10-19, the Department restored the selection of Cleveland as a U.S. gateway under the aviation agreement between the United States and the United Kingdom, and it also renewed the certificate authority of Continental to provide scheduled combination service between Cleveland and London (Gatwick). Under the terms of its certificate, Continental's authority expires on May 17, 1999, if it does not start service by that date.
Continental now seeks an exemption to extend its proposed startup date for this service until June 30, 1999. Continental stated that it only recently secured Gatwick slots to permit the inauguration of its Cleveland/London service. It further states that a short delay of its start-up date is necessary to market Cleveland's first intercontinental service adequately.
By: Paul Gretch
| OST-99-5391 | March 19, 1999 |  Application for an
Exemption |
United States-United Kingdom |
| Service List |
On or about June 1, 1999, Delta plans to expand its U.S.-U.K. third-country codeshare offerings with Societe Air France by adding service to Birmingham, a point for which Delta does not hold underlying authority. However, in order to allow Delta to benefit fully from the rights available to U.S. carriers under the MOC, and to implement other new U.S.U.K. services to points for which it does not yet hold underlying authority, Delta is hereby applying for exemption authority that would allow Delta to serve any point in the United Kingdom (except Heathrow and Gatwick). Delta is not seeking any limited-entry authority in this application. Delta's requested exemption is fully consistent with the MOC, and the prompt approval of this application will permit Delta rapidly to implement new services, without the regulatory burden of submitting additional discrete exemption requests for services that are plainly authorized under the bilateral.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-97-2162 | March 18, 1999 | Answer of Polar Air
Cargo |
US-Colombia All-Cargo Renewal | HTML |
Polar urges the Department to immediately issue a decision in the U.S.-Colombia All-Cargo Services proceeding and withdraw the dormant designation of Southern Air Transport for U.S.-Colombia all-cargo services. The new Colombia opportunity available September 1, 1998 has gone unused for nearly six months, as has Southern's designation. It would be inconsistent with long-standing Department policy to permit these rights to remain unused. See, e.g., Order 98-2-24 at 5 ("U.S.-Colombia route authorities are valuable rights that were obtained by the United States in exchange for Colombian carriers' rights to serve the United States. It is not the Department's policy to permit limited-entry route authority to go unused, particularly where other U.S. carriers have specific plans to use such authority"). Should the Department withdraw the dormant designation of Southern Air Transport and issue a decision in U.S.-Colombia All-Cargo Services proceeding, this would enable Polar and UPS, the two remaining applicants in the proceeding, to enter the market and put this valuable authority use.
Counsel: Polar and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
| OST-99-5389 | March 18, 1999 | Application for a Statement of
Authorization |
Codeshare with KLM |
| Service List |
Display KLM's designator code on certain Northwest flights between fifteen KLM US gateways, on the one hand, and the following US points, on the other: Alpena, Michigan / Sault Ste. Marie, Michigan / Aspen, Colorado. Northwest currently holds Statements of Authorization permitting KLM to place its code on Northwest flights between Amsterdam, on the one hand, and Boston, Detroit. Minneapolis/St. Paul. Newark, New York (JFK), Philadelphia, Seattle and Washington (Dulles). on the other hand, and on certain Northwest flights to a total of 191 U.S. points from KLM's fifteen authorized U.S. gateways (Atlanta, Boston, Chicago, Detroit, Houston, Los Angeles. Memphis, Minneapolis/St. Paul, Newark, New York, Orlando, Philadelphia, San Francisco, Seattle and Washington)
Counsel: Northwest and Zuckert Scoutt, Charles Simpson, 202-298-8660
| OST-97-2352 | Filed March 1, 1999 Issued March 18, 1999 |
Notice of Action Taken |
Miami - Caracas, and beyond Caracas to Rio de Janeiro and Sao Paulo |
Scheduled foreign air transportation of property and mail between Miami, Florida, and Caracas, Venezuela, and beyond Caracas to Rio de Janeiro and Sao Paulo, Brazil, and to integrate this authority with its existing certificate and exemption authority.
| OST-97-2390 | Filed March 1, 1999 Issued March 18, 1999 |
Notice of Action Taken |
Anchorage-Oslo |
Scheduled foreign air transportation of property, and mail between Anchorage Alaska, and Oslo, Norway, and to integrate this authority with its existing certificate and exemption authority.
By: Paul Gretch
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
| OST-97-3237 | March 18, 1999 | Second Supplement |
US-Mexico Codesharing |
| Service List |
Hereby supplement their above-captioned joint application, as amended on February 12, l 999, and supplemented on February 22, 1999, in order to clarify their short-term transborder exemption authority needs. Although United has identified the Newark-Cozumel route as one on which there are overlapping requests for authority, including United's December 12, 1997 request pending in this docket, United and Mexicana are not pursuing Newark Cozumel authority at this time because they do not have near-term plans to code share on the route. The routes for which United and Mexicana seek immediate authority were identified in their February 12, 1999 amendment filed in this docket. That list includes Newark-Cancun and Newark-Mexico City, but does not include Newark-Cozumel.
Squire Sanders, Robert Papkin, 202-626-6601 for Mexicana / United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
| Order 99-3-13 OST-99-5010 |
Issued and Served March 18, 1999 | Order to Show Cause -
Proposing Issuance of Certificate Authority |
Certificate of Public Convenience and Necessity - Interstate Scheduled |
| Attachment: Specimen Certificate | |||
| Service List |
If granted the certificate authority it seeks, Wrangell intends to provide two scheduled roundtrip flights daily from May 15 to September 15 between its McCarthy operating base in the Wrangell-St. Eras National Park and Chitina. Alaska. approximately 60 miles car at) minutes distant by air, using a Cessna 206 aircraft with five passenger seats. In addition. the carrier will continue providing on-demand passenger flights between April and October each year. Scheduled maintenance for the carrier's aircraft will continue to be provided by Ward Aero Services in. Anchorage, while unscheduled maintenance will be performed at McCarthy.
By: Charles Hunnicutt
International Air Transport Association
| OST-99-5388 | March 18, 1999 | Application for Approval of
Agreements |
PTC EUR-AFR Fares |
Counsel: IATA, David O'Connor, 202-624-2977
| Order 99-3-14 OST-98-4851 |
Issued March 18, 1999 Served March 22, 1999 |
Order |
Central America-US Increase in Rates and Charges |
| Attachment: Individual and Composite Carrier Latin America Division Income Statement, Freigh Operations for FY 6/98 and Projected FY Ending 9/98 |
By: Charles Hunnicutt
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