OST Filings for January 18, 2000

OST Docket Filings for January 18, 2000

Last Updated 01/27/00 08:42 AM

Applications and Renewals:

United (2)- U.S.- Ukraine

Answers and Replies:

Atlantic Coast - Letter Revising Organizational Structure | Continental - Motion/Answer of American | Decatur, IL - Petition

Drug/Alcohol Testing (2) - Request for Extension of Time/Notice of Public Meetings | IATA - Technical Correction

Legend - Opposition of Fort Worth | 1999 U.S.- Brazil - Reply of American/Houston/Georgia

Notices of Action Taken:

None

Notices and Orders:

IATA

Atlantic Coast Jet, Inc.

OST-99-6249	January 18, 2000	Re: Organizational Structure Changes	Certificate of Public Convenience and Necessity - Interstate Scheduled
		Exhibit 3: Organization of "ACJ" (Revised)
		Exhibit 6: Service and Facilities Agreement
		General Procedures Manuel

Enclosed are two organization charts. The chart titled Atlantic Coast Jet describes the entire technical organization of Atlantic Coast Jet. This chart is being submitted as Exhibit 3 (Revised) of the Application of Atlantic Coast Jet. Under the organization portrayed by this chart, the Atlantic Coast Jet General Manager (Mr. Kenneth Latour) is responsible for the day-today conduct of flight operations and maintenance. Unlike the organization chart submitted to you under cover of my letter dated January 4, 2000, all technical (operations and maintenance) and administrative functions will be the responsibility of those individuals in the positions depicted in Exhibit 3 (Revised). In other words, there is no longer a separate reporting track, one for operational control and one for administrative purposes within the technical Atlantic Coast Jet organization. This organizational structure has been accepted by the FAA.

Counsel: Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

Index

Continental Airlines, Inc.

OST-00-6759	January 18, 2000	Motion for Leave to File and Answer of American Airlines	Houston- Lima- Sao Paulo
		Attachment: OST-99-6284: Answer of American to Submission of Continental 1/13/00
		Service List

Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

Index

Decatur, Illinois

OST-99-6255	January 18, 2000	Petition of the Decatur Park District for Reconsideration Order 99-12-21	Ninety Day Notice of Intent to Terminate Service at Decatur, Illinois
		Service List

Counsel: Zuckert Scoutt, Richard Mathias, 202.298.8660

Index

Legend Airlines, Inc.

OST-00-6788	January 18, 2000	Opposition of the City of Fort Worth, Texas	Dallas/Ft. Worth
		Service List

Despite its protestations to the contrary, Legend has no way of knowing how-the Fifth Circuit will decide the petitions for review before it. Legend states that it will "advise each customer that Legend does not currently possess full authority to operate . . . until such time as it is issued by the Department." [Application, p. 4]. Legend does not, however, state that it will caution the buying public that it is the subject of a binding state court final judgment or that the Fifth Circuit may decide that its flights are unlawful. For these reasons, Fort Worth does not believe the Department should permit Legend to begin selling tickets. Although Legend states that an exemption is necessary to increase the likelihood of success for its start-up service, any harm that Legend sustains as a result of a delay in service is self-inflicted. Legend has known since the Final Judgment was entered on December 16, 1998 that it cannot commence its proposed service at Love Field. Yet, Legend has set a reckless course for itself in the face of two pending appeals. The Department should refrain from aiding Legend in its unlawful actions.

Counsel: Kelley Hart, Dee Kelly

Index

Procedures for Transportation Workplace Drug and Alcohol Testing Programs

OST-99-6578

January 18, 2000

Request for Extension of Time in Which to File a Document

Workplace Drug and Alcohol Testing
Programs

By: Substance Abuse Program Administrators Association

OST-99-6578

January 18, 2000

U.S. DOT/OST Notice of Public Meetings

Workplace Drug and Alcohol Testing
Programs

The U.S. Department of Transportation (DOT) is scheduling three public listening sessions on its notice of proposed rulemaking (NPRM) to revise the Department's drug and alcohol testing procedures, published in the Federal Register on December 9, 1999 ( 64 FR 69076 ). The meetings are scheduled approximately 90 days after the publication of the NPRM to provide the public time to read and review the document. The intent of the meetings is to obtain additional information from the public that was not submitted in formal comments to the docket.

By: Transportation Safety Institute, Marti Bludworth,

Index

Spanair, S.A.

OST-00-6801	January 18, 2000	Application for Renewal and Amendment Foreign Air Carrier Permit	Madrid, Spain, Washington D.C.
		Air Carrier Certificate
		Financials
		Certification
		Service List

Counsel: Hallinan Camche, Jole Camche, 212.980.3773

Index

Trans World Airlines, Inc.

OST-00-6799	January 18, 2000	Application for Exemption	New York- Bermuda
		Exhibit TW-1: Proposed Schedule
		Exhibit TW-2: Map
		Exhibit TW-3: Fuel Burn
		Service List

TWA intends to offer seasonal service, effective May 27, 2000 between LaGuardia and Bermuda, with a daily schedule.

Counsel: TWA, Richard Fahy, 703.768.9550, rfahy@att.net

Index

Tranportes Aereos de Monterrey, S.A. de C.V.

OST-96-1919	January 18, 2000	Application for Renewal of Exemption	U.S.- Mexico
		Exhibit A: Changes in Operation
		Service List

Counsel: Roller & Bauer, Lee Buaer, 202-331-3300

Index

Tropical International Airways, Ltd.

OST-00-6800	January 18, 2000	Application for Exemption	U.S.- Caribbean
		Certificate of Insurance
		Air Navigation Regulations
		Air Carrier Certificate
		Subservice Flight Operations Agreement
		Income/Balance Sheet
		Service List

Seeks authority to conduct scheduled flights carrying persons, cargo and mail on a regular basis between.)3asseterre (SKB), St. Kitts, W.I. on the one hand and the United States of America Cities of Atlanta (ATL), Boston (BOS), Chicago (ORD), Dallas (DFW), Fort Lauderdale (FLL), Los Angeles (LAX), New York (JFK), Orlando (MCO), St. Croix (STX), Washington D.C. (IAD) on the other hand, and the intermediate points of Antigua (ANU), Bahamas (FPO) (NAS), Barbados (BGI), Bermuda (BDA), Dominica(DOM), Dominican Republic(SDQ), Grenada(GND), Guadeloupe(PTP), Guyana (GEO), Haiti(PAP), Martinique(FDF), St. Lucia(SLU), St. Martin (SXM), St. Vincent (SVD), Trinidad(POS), Turks and Caicos(PLS),Venezuela (PMV).

Intends to A.C.M.I. lease the following identified five L-1011 aircraft.

L-1011 Tristar N826CR USA
L-1011 Tristar N311EA USA
L-1011 Tristar N75AA USA .
L-1011 Tristar N31OSS USA
L-1011 Tristar N104NL USA

Lessor: Tradewinds Airlines, Inc.

Counsel: Director, Steven Richards, 954.359.1696

Index

United Air Lines, Inc.

OST-95-196	January 18, 2000	Application for Renewal of Certificate of Public Convenience and Necessity	U.S.- Ukraine
		Service List

United seeks a five-year renewal of the authority contained on its Certificate of Public Convenience and Necessity for Route 669, authorizing United to engage in scheduled foreign air transportation of persons, property and mail between a point or points in the United States and the terminal point Kiev, Ukraine via the intermediate point Frankfurt, Germany. United currently conducts service over this route under a code-share arrangement with Lufthansa. United's certificate authority was originally granted by Order 95-7-36, for the usual duration of five years for limited-entry markets, and is set to expire on July 25, 2000. United also requests that the Department grant the standard route integration authority in the renewed certificate authority.

Counsel: Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@dc.kirkland.com

OST-96-1348 OST-96-1554 OST-96-1560 OST-98-3476	January 18, 2000	Application for Renewal and Amendment of Exemptions	U.S.- Lyon, France; Nairobi, Kenya; Manchester, England; Baku, Azerbaijan; Ashkhabad, Turkmenistan
		Service List

United seeks (1) to renew each of the above-detailed exemption authorities for a minimum period of two years or until the Department grants United's corresponding application for a certificate of public convenience and necessity, as amended, currently pending in Docket OST-95-625 and, with respect to United's U.S.-Kiev, Ukraine authority, until the Department grants United's application for renewal of a certificate of public convenience and necessity filed January 18, 2000 in Docket OST-96-1375; and (2) amendment of United's exemption granted in Docket OST-98-3476 to permit United to serve Sarajevo, Bosnia and Zagreb, Croatia via points in third countries, and to integrate these services with United's existing certificate and exemption authority.

Counsel: Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@dc.kirkland.com

Index

United Air Lines, Inc. and Austrian Airlines, Osterreichesche Luftverkehrs AG

OST-00-6803	January 18, 2000	Joint Application for Statements of Authorization	U.S.- Austria CodeSharing
		Codeshare Markets
		Codeshare and Cooperation Agreement
		Service List

United requests a statement of authorization to display Austrian's "OS" designator code on flights operation by United (1) between any point in the United States and any point in Austria (nonstop or via intermediate points); (2) between any points in the United States in conjunction with services held out by Austrian between Austria and the United States; and (3) between any point in the United States or Austria and any point in any third country. Austrian requests a statement of authorization to display United's "UN' designator code on flights operated by Austrian (1) between Austria and the United States (nonstop or via intermediate points); (2) between any points in Austria in conjunction with services held out by United between the United States and Austria; and (3) between any point in Austria or the United States and any point in a third country.

Initially, this service will involve United's displaying Austrian's code on United's flights between Austrian's U.S. gateways of New York, Chicago and Washington and 20 U. S. cities.

Counsel: Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@dc.kirkland.com, and Shaw Pittman, J.E. Murdock, 202.663.8342, sandy.murdock@shawpittman.com

Index

1999 U.S.- Brazil Combination Service Case

OST-99-6284 OST-00-6759	January 18, 2000	Consolidated Reply of American Airlines	U.S.- Brazil, Houston- Lima- Sao Paulo
		Service List

Finally, we agree with United that the one frequency formerly allocated to Continental for Newark-Rio de Janeiro service should remain in issue (p. 6). That frequency automatically reverted to the Department for reallocation, and Continental has no special claim to its return. For the foregoing reasons, the Department should, in the notice on scope of proceeding that it has proposed to issue on January 25, 2000, place all seven of Continental's Houston-Sao Paulo frequencies in issue for reallocation, together with the one frequency. Continental formerly held for Newark-Rio de Janeiro service.

Counsel: American, Carl_Nelson, 202.496.5647, carl_nelson@amrcorp.com

OST-99-6284 OST-00-6759 OST-99-6259	January 18, 2000	Reply of Georgia Parties	U.S.- Brazil, Houston- Lima- Sao Paulo
		Service List

Counsel: Metro Atlanta Chamber of Commerce, Holly Beth Anderson, 404.586.8462

OST-99-6284 OST-00-6759	January 18, 2000	Motion for Leave to File and Reply of The City of Houston and the Greater Houston Partnership	U.S.- Brazil, Houston- Lima- Sao Paulo
		Service List

Counsel: Zuckert Scoutt, Rachel Trinder, 202.298.8660

Index

International Air Transport Association

OST-00-6743	Filed January 6, 2000	Approved January 13, 2000	Approval of Agreements
OST-00-6754	Filed January 7, 2000	Approved January 11, 2000
OST-00-6755	Filed January 7, 2000	Approved January 11, 2000
OST-00-6786	Filed January 11, 2000	Approved January 13, 2000

By: Paul Gretch

OST-99-6256	January 18, 2000	Application for Approval of Agreements- Technical Correction	PTC2 EUR 0291
		Memorandum: PTC2 EUR 0291
		Service List

By: David O'Connor

OST-00-6802	January 18, 2000	Application for Approval of Agreements	PTC23 EUR-SEA 0087
		Memorandum: PTC23 EUR-SEA 0087
		Memorandum: Part 2
		Memorandum: Part 3
		Memorandum: Part 4
		Service List

By: David O'Connor

Index