OST Filings for January 31, 2000

OST Docket Filings for January 31, 2000

Last Updated 02/01/00 06:24 PM

Applications and Renewals:

Ameristar | Continental (2) - U.S.- Central America | IATA (2) | Sun Country - New York- Minnesota | United/British - U.S.- U.K.

Answers and Replies:

IATA (3)- Request for Filing Fee/Technical Correction | Sioux City, Iowa - Letter Requesting Expedited Application

Notices of Action Taken:

None

Notices and Orders:

U.S.T.A.R.

Ameristar Air Cargo, Inc.

OST-00-6840	January 31, 2000	Application for Emergency Exemption Scanned Copy	Carrying Revenue Cargo on FAA Proving Run Flights
		Service List

In light of the imminent start of Ameristar’s proving run flights, coupled with the need for the FAA and Ameristar to make plans necessary to commence these flights, Ameristar respectfully requests expedited processing of and action on this Application, no later than close of business on February 4, 2000, without awaiting for answers to be filed.

Counsel: Shaw Pittman, Sheryl Israel, 202.663.8312, sheryl.israel@shawpittman.com

Index

The Community of Sioux City, Iowa

OST-99-5475

January 31, 2000

Letter of the Community of Sioux City, Iowa, Requesting Expeditious Treatment to its Application.

High Density Rule - Chicago
O'Hare

We ask that the Department accept this letter as a supplement to Sioux City's existing application and that it be filed in Docket # OST-99-5475. On January 26, 2000, Trans States Airlines, which operates as Trans World Express, announced that they were discontinuing service from Sioux City to St. Louis effective March 2, 2000. This leaves us with only one carrier, Northwest Airlines, serving one hub, Minneapolis. This recent change in our air service makes it even more critical that we gain access to Chicago O'Hare. We are aware that the Department has expressed reluctance to award further slot exemptions directly to communities or other non air carrier entities. We have no objection to the Department granting the necessary exemptions for implementation of Sioux City - O'Hare service directly to a willing carrier rather than to us. We are working with a carrier that is interested in our market and is willing to provide the service if we are able to secure slot exemptions. It is obvious that we also have the support of the community and our tri-state congressional delegation for this application. The purpose of this letter is to reinforce the urgency of our situation. Therefore, we ask the Department for expeditious relief by awarding four slot exemptions at O'Hare for Sioux City service to either the community or to an air carrier applicant. Granting such a small number of slot exemptions would have very little impact on the environment yet would have an enormous impact on the quality of air service in Siouxland.

By: Airport Director, Michael A. Klein

Index

Continental Airlines, Inc.

OST-98-3317	January 31, 2000	Application for Renewal of Exemption Scanned Copy	U.S.- Central America
		Service List

Continental currently offers flights between Houston and Belize City, Guatemala City, Managua, Panama City, San Jose (Costa Rica), San Pedro Sula, and Tegucigalpa as well as between New York/Newark and Guatemala City, Panama City, San Jose and San Salvador. Continental also offers codeshare service on COPA’s flights on the following segments: Miami-Panama City, Guatemala City-Managua/San Salvador/San Jose; Lima-Panama City; Managua-Panama City/San Jose; San Salvador-Managua/San Jose; San Pedro Sula-Panama City; Santo Domingo-Panama City and San Jose-Panama City.

Counsel: Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@cromor.com

OST-00-6841	January 31, 2000	Application for Certificate of Public Convenience and Necessity Scanned Copy	U.S.- Central America
		Service List

Granting Continental certificate authority encompassing Continental’s currently held U.S.-Central America exemption authority is clearly in the public interest because the requested certificate authority will maximize the potential use of U.S. rights under each of the relevant bilateral aviation agreements and allow Continental continuing flexibility to compete with the Central America services offered by American, the Grupo TACA carriers, Delta and other carriers. By allowing Continental to provide service from a variety of gateways as dictated by consumer demand, the Department will not only ensure vigorous competition among airlines serving Central America but also guarantee that U.S. travelers and shippers continue to enjoy numerous service options between the U.S. and Central America into the future. Approval of this application will also reduce the administrative burden on both the Department and Continental by eliminating the need for frequent exemption renewal applications. Continental will utilize state-of-the-art B-737-700 and 800 series aircraft or other suitable aircraft to operate the service for which certificate authority is sought.

Counsel: Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@cromor.com

Index

Sun Country Airlines, Inc.

OST-00-6838	January 31, 2000	Application for Exemption HTML	JFK Slots, New York- Minneapolis/St. Paul, Minnesota
		Attachment 1: Twelve Month Results
		Attachment 2: Service Proposal
		Service List

Hereby applies for an exemption from the high density rule, 14 C.F.R. Part 93, Subparts K and S, to enable operation of one daily round-trip flight between JFK International Airport and Minneapolis/St. Paul, Minnesota using 170-seat Boeing 727-200 aircraft. Sun Country seeks two exemption slots to operate its proposed nonstop point-to-point service. Sun Country plans to begin the new service in May 2000. Accordingly, the Department is requested to accelerate the answer date, and issue its decision on an expedited basis, so that Sun Country can make the arrangements necessary for operation of the service.

Minneapolis/St. Paul presently has only the barest minimum nonstop daily service to JFK. Sun Country operates a single round-trip that arrives 10:20 and departs 12:50, well bef6re the 15:00-20:00 period covered by the high density rule. No other point-to-point service is offered between the involved airports. Sun Country's additional nonstop roundtrip daily flight thus will double the amount of convenient direct service offered to the public in the market. All other Minneapolis/St. Paul-JFK service is highly circuitous and passes through connecting hubs at O'Hare or St. Louis. Sun Country will offer walk-up and advance purchase fares at the same level charged for its existing non-high density rule flight. Sun Country's average nonstop one-way fare between Minneapolis/St. Paul and JFK is $129 (see attached illustrative data). This is significantly lower than the prevailing one-way average fare of $227 in that market for inferior connecting service. The difference in advance purchase fares is even greater. Sun Country's lowest advance -one-way fare in the market is $99; the lowest advance one-way fare via a connecting hub is offered by Trans World Airlines via STL at $629.

Counsel: Morgan Lewis, Dennis Barnes, 202.467.7060, Barn7060@mib.com

Index

United Air Lines, Inc. and British Midland Airways Ltd.

OST-00-6842	January 31, 2000	Joint Application for Statement of Authorization	U.S.- U.K.- Code Sharing
		Appendix 1: Codeshare Markets
		Service List

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

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

Counsel: Squire Sanders Dempsey, Marshall Sinick, 202.626.6651, and Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@kirkland.com

Index

United States Travel Agent Registry

OST-00-6821

January 28, 2000

Notice

Unfair and Deceptive Practices and Unfair Methods of Competition in the Sale of Air Transportation

On January 4, 2000, the United States Travel Agent Registry (USTAR) filed a document labeled as a petition for rulemaking in Docket OST-1000-6821. USTAR alleges that the following entities have violated 49 U.S.C. §41712, Which prohibits unfair and deceptive practices and unfair methods of competition: Deutsche Lufthansa AG d/b/a Lufthansa German Airlines (Lufthansa), the International Air Transportation Association (IATA), American Airlines, Inc. (American), Continental Airlines, Inc. (Continental), Delta Air Lines, Inc. (Delta), Northwest Airlines, Inc. (Northwest), and United Air Lines, Inc. (United). Among other things, USTAR asks the Department to order the respondents to cease and desist from the acts of which it complains and refund excess charges to consumers.

Although labeled as a petition for rulemaking, USTAR's petition does not conforin to the formal requirements for rulemaking petitions set forth 14 CFR §302.38 and 49 CFR §5.11; rather, it reads like an enforcement complaint. We have therefore decided to treat the petition as a formal complaint under 14 CFR §302.201. Accordingly, answers will be due on Monday, February 14,2000.

By: Dayton Lehman

Index

International Air Transport Association

OST-00-6837	January 28, 2000	Application for Approval of Agreements	CTC Comp 0052
		Memorandum: CTC Comp 0052
		Service List

By: David O'Connor

OST-99-6682

January 28, 2000

Request for Partial Refund of Filing Fee

PTC COMP 0552

By: David O'Connor

OST-99-6477	January 31, 2000	Application for Approval of Agreements- Technical Correction	PTC23 AFR-TC3 Fares 0040 and 0041 Correct TC23/TC23 Africa
		Memorandum: PTC23 AFR-TC3 Fares 0040 and 0041 Correct TC23/TC23 Africa-
		Service List

By: David O'Connor

OST-99-6479	January 31, 2000	Application for Approval of Agreements- Technical Correction	PTC12 CAB-EUR 0060 and PTC12 CAN-EUR Corrects TC12 CAN-EUR
		Memorandum: PTC12 CAB-EUR 0060 and PTC12 CAN-EUR
		Service List

By: David O'Connor

OST-00-6839	January 31, 2000	Application for Approval of Agreements	PTC12 USA-EUR Fares 0043
		Memorandum: PTC12 USA-EUR Fares 0043
		Service List

By: David O'Connor

Index