OST Filings for February 7, 2000

OST Docket Filings for February 7, 2000

Last Updated 02/08/00 03:07 PM

Applications and Renewals:

Aeromexico/Austrian - U.S.- Mexico Renewal | American and British Airways - Confidential Treatment | IATA

Answers and Replies:

Bellview - Answer of Nigeria | IATA - Return of Filing Fee | Spirit - Ex Parte Letters | Transportes Aeromar - Supplement to Application

U.S.- China (4)- Answers of FedEx/Northwest/United/UPS to American's Petition

Notices of Action Taken:

Northwest - Warsaw w/ KLM

Notices and Orders:

IATA

Aerovias de Mexico, S.A. de C.V. and Austrian Airlines, Osterreichische Luftverkehrs AG

OST-00-6873	February 7, 2000	Joint Application for Renewal of Code-Share Statement of Authorization Scanned Copy	U.S.- Mexico Code-Sharing
		Service List

Under the arrangement, Aeromexico has been carrying the Austrian Airlines code on its nonstop services between Mexico City and New York, which connect to Austrian Airlines service between New York and Austria. Only traffic between Mexico City and Austria (and points beyond) has been transported under the Austrian Airlines code on the Aeromexico code share flights Austrian Airlines does not sell travel between Mexico and the U.S. for movement on the code share flights. Aeromexico's code is not placed on U.S. -Austria flights of Austrian Airlines. With regard to Mexico, although the bilateral agreement with the United States does authorize transborder and intra-country code, sharing, it does not provide for third country code-sharing; thus, the Department must consider whether reciprocity exists between the two countries as to such code sharing. The Department has previously approved similar code sharing arrangements between Aeromexico and Swissair, Aeromexico and Austrian Air, Compania Mexicana de Aviacion, S.A. de C.V. and Aeroperu, and Mexicana and Air Canada. These approvals evidence the Department's belief that there is reciprocity between the U.S. and Mexico on the issue of third country code sharing.

Counsel: Shaw Pittman, Alexander Van der Bellen, 202.663.8382, and Verner Liipfert, William Evans, 202.371.6030

Index

American Airline, Inc. and British Airways Plc

OST-99-6507

February 7, 2000

Motion of American Airlines for Confidential Treatment

Reciprocal Codesharing

American is submitting a specimen Procedures Manual for implementation of codeshare services. Such a manual is referenced in Section 2.2 of the American/ British Airways codeshare agreement. The information we are submitting is confidential, proprietary, and commercially sensitive, and should be protected from public disclosure, for all the reasons stated in the joint motion of American and British Airways under 14 CFR 302.39 filed in this docket on November 15, 1999, which we hereby incorporate by reference.

Counsel: American, Carl Nelson, 202-496-5647

Index

Bellview Airlines Ltd.

OST-00-6784

February 7, 2000

Answer of Nigeria Airways

Lagos, Nigeria- New York, JFK

Counsel: Winthrop Stimson, John Gillick, 202.775.9800

Index

Northwest Airlines, Inc.

OST-96-1272

Filed September 1, 1998
Issued February 4, 2000

Notice of Action Taken

Exemption/Renewal - U.S.-Warsaw, Poland

Scheduled foreign air transportation of persons, property, and mail between the United States and Warsaw, Poland, via Amsterdam. Northwest intends to operate this service pursuant to a code-share arrangement with KLM Royal Dutch Airlines.

By: Paul Gretch

Index

Spirit Airlines, Inc.

OST-99-6547

February 7, 2000

U.S. DOT/OST - Response to Senator Daniel R. Hevesi of Spirit Airlines Application for for Exemption

Ft. Lauderdale - Ft. Myers - Orlando - Tampa - West Palm Beach - Detroit - New York

By: Bradley Mims

OST-99-6547

February 7, 2000

U.S. DOT/OST - Response to the Application of Spirit Airlines for Exemption

Ft. Lauderdale - Ft. Myers - Orlando - Tampa - West Palm Beach - Detroit - New York

By: Bradley Mims

Index

Transportes Aeromar, S.A. de C.V.

OST-95-379	February 7, 2000	Supplement to Application	Chihuahua, Monterrey, San Luis Potosi, Guadalajara, Puerto Vallarta and Manzanillo, Mexico and Houston, Texas
		Exhibit AER-2602A (Spanish)
		Exhibit AER-2602A (English)

On January 21, 2000, Transportes Aeromar filed an application for renewal and expansion of its exemption authority. In that application, we indicated that Aeromar's home country operating authority has been reissued and amended subsequent to the last transmittal to the Department and that a copy thereof with a translation would be provided. We are enclosing that document and have designated it as Exhibit AER-2602A

Counsel: TAMPA, Herbert Rosenthal, 202-785-9773

Index

U.S.- China Air Services (2001)

OST-99-6323	February 7, 2000	Answer of Federal Express to Petition for Reconsideration HTML Scanned Copy	U.S.- China
		Service List

Federal Express agrees with American that complete historical data are necessary to develop a full evidentiary record. The requested information will enable the Department to assess the air service needs of the U.S.-China market accurately.

Counsel: Federal Express, Rush O'Keefe, 901-395-5189

OST-99-6323	February 7, 2000	Answer of Northwest Airlines to Petition for Reconsideration HTML	U.S.- China
		Service List

Northwest is particularly concerned that compliance with the information request proposed in Part 11 of American's Petition would be extremely problematic and could result in inconsistent and confusing information that would not be helpful to the parties or the Department in examining the issues in this case.

Counsel: Northwest, Megan Rae Rosia, 202.842.3193

OST-99-6323	February 7, 2000	Answer of United Air Lines HTML	U.S.- China
		Service List

American has offered no support for its asserted definition of "express cargo" nor for the need for the requested data covering over four years. United has no detailed records of its cargo for the period requested by American that would enable it to identify shipments falling in to the ad hoc "express cargo" category proposed by American. If the Department intends to obtain data broken out into a distinct category such as that proposed by American, it would need to undertake a rulemaking proceeding subject to notice and comment. One of the issues that would be explored in such a proceeding is the appropriate definition of 44express cargo." Such a rulemaking, if adopted, would put carriers on notice of the need to retain records in the detail needed to provide such data and would give them adequate time to comply. It is unreasonable, however, to require carriers to undertake such reporting after the fact. United would have to search hundreds of thousands of U.S. -China cargo waybills to make the breakout American seeks and even then United cannot be confident that "express cargo" shipments can be properly identified. United strongly opposes American's untimely request for this additional information.

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

OST-99-6323	February 7, 2000	Answer of UPS to Petition for Reconsideration HTML	U.S.- China
		Service List

On a separate but related issue, UPS notes that in Order 2000-1-21, at the top of page five, the Department indicated that it would require all applicants to provide passenger traffic carried on any code-sharing partner's aircraft for both historical and forecast periods. However, in the Department's Evidence Request at Appendix C to that Order, the Department appears to have omitted this requirement. United Parcel Service Co. respectfully requests that the Petition for Reconsideration of American Airlines be denied and that the Department grant such other relief as may be deemed just and necessary.

Counsel: Kelley Drye, David Vaughan, 202.955.9600, dvaughan@kelleydrye.com

Index

International Air Transport Association

OST-99-6203

February 4, 2000

Request for Partial Refund of Filing Fee

PTC3 0353

By: David O'Connor

OST-00-6855

Filed February 2, 2000

Approved February 4, 2000

Approval of Agreements