OST Filings for February 14, 2000

OST Docket Filings for February 14, 2000

Last Updated 02/15/00 11:28 AM

Applications and Renewals:

Answers and Replies:

American/British - Affidavits of Continental/United | American Eagle - Motion to Withhold | IATA - Motion/Answer of A.S.T.A. | Pro Air - Motion/Reply

Rules of Practice in Proceedings - Correction | Southwest - Motion to Withhold | UPS - Motion to Withhold | UPS/Challenge - Motion/Answer

U.S.- China - Answer of FedEx

Notices of Action Taken:

None

Notices and Orders:

IATA

Aero Micronesia, Inc. d/b/a Asia Pacific Airlines

OST-98-3404 OST-98-3479	February 14, 2000	Application for Renewal of Its Certificates of Public Convenience and Necessity HTML	Interstate and Foreign Charter All-Cargo
		Attachment: Verification
OST-98-3404 OST-98-3479	February 14, 2000	Motion to Withhold Information from Public Disclosure
		Service List

In its initial application, Asia Pacific explained the critical need for cost efficient cargo and service between Guam and Saipan and the Federated States of Micronesia. Since being authorized by the Department, Asia Pacific has commenced service and upgraded its aircraft. Initially it focused on the needs of the fishing industry primarily carrying fresh chilled tuna between the Federated States of Micronesia ("FSM") and the Republic of Belau, Guam and Saipan for transshipment to Japan. More recently the carrier commenced a weekly charter flight to Hong Kong which transports fabric to Saipan. Asia Pacific has just received a two-year contract with the U.S. Postal Service, which will enable it to implement a significant part of its original operating plan. Later this month, Asia Pacific expects to depart from Saipan with outbound cargo, stop in Majuro and pick up mail for delivery to Honolulu. In Honolulu, the carrier will offload this cargo and pick up 10,000 to 20,000 pounds of mail for delivery to Majuro and the FSM. These operations will provide an important service to these Islands which is strongly in the public interest. Asia Pacific expects that on the return flights from Honolulu it will also ship fresh produce and dairy products, commodities in great demand on these islands. Accordingly, Asia Pacific is already playing an important role in developing and performing critically needed cargo and mail service in the Pacific region. Reissuing the carrier's certificate as a permanent certificate will provide Asia Pacific with the regulatory stability it needs to grow its business and attract additional investment that will further enable the carrier to meet the special needs of this Pacific region.

Counsel: Baker Hostetler, Joanne Young, 202-861-1532

Index

American Airlines, Inc. and British Airways PLC

OST-99-6507	February 14, 2000	Re: Affidavits of Continental	U.S.- U.K.
		Affidavits of Bruce Keiner, Lorraine Halloway, Thomas Bolling
		Service List

Counsel: Crowell Moring, Bruce Keiner, 202.624.2500

OST-99-6507	February 14, 2000	Re: Affidavits of United	U.S.- U.K.
		Affidavits of Jeffery Manley, Bruce Rabinovitz, Matthew Scevole de Cazotte
		Service List

Counsel: Wilmer Cutler, Bruce Rabinovitz, 202.663.6000

Index

Comair, Inc. and Societe Air France

OST-00-6939	February 14, 2000	Application for Statement of Authorization	U.S.-France Blanket Codeshare Authority
		Appendix A: Air France Designator Code to be Displayed on Comair Flights
		Exhibit A: Codeshare Agreement
		Service List

Air France and Comair intend to begin marketing and sale of their proposed code-sharing services as soon as possible, with the first code-share flights operated on March 26, 2000, subject to the receipt of a necessary approvals. Comair and Air France also request that the Department grant the statement of authorization requested for an indefinite period as soon as possible. Air France and Delta, for whom Comair is a Delta Connection partner, have been codesharing on each other's U.S.-France flights since May 1998, including Delta's Cincinnati-Paris nonstop flight. Air France plans to introduce its own Cincinnati-Paris nonstop flight in connection with its Summer 2000 schedules on May 15, 2000. As Comair is Delta's Delta Connection partner based in Cincinnati and operates a major hub with regional aircraft out of Cincinnati, Air France desires to place its "AF" code on the Delta Connection flights operated by Comair between Cincinnati and numerous U.S. cities. Currently Comair operates Delta Connection flights to approximately 86 U.S. cities from Cincinnati, many with regional jets. All Air France code-share passengers will have a U.S.-France or beyond (or a Canada-France) routing that will include carriage on the Air France Cincinnati-Paris flights operated either by Air France or Delta.

Counsel: Steptoe Johnson, Richard Taylor, 202-429-6459 for Comair / Silverberg Goldman, Michael Goldman, 202-944-3305 for Air France

Index

DHL Airways, Inc.

OST-00-6937	February 14, 2000	Application for Exemption	U.S.- Kuwait via Brussels and Bahrain
		Service List

Application of DHL Airways, Inc. ("DHL") pursuant to 49 U.S.C. Section 40109 (c), applies for an exemption from 49 U.S.C. Section 41101 to the extent necessary to enable it to provide all-cargo air service between the United States and Kuwait, and to integrate the exemption authority with its certificate authority for all-cargo service on Route 692 between the United States and intermediate points (including Belgium and Bahrain.)

Counsel: DHL and R. Tenney Johnson, 202-663-9030

Index

DHL International E.C

OST-99-5470 Undocketed	February 14, 2000	Application for Exemption HTML	Brussels-Bahrain-Dubai, United Arab Emirates-Kuwait
		Amended Codesharing/ Blocked Space Agreement
		Service List

Application of DHL International E.C. pursuant to 49 U.S.C. Section 40109 (c), to amend the exemption from 49 U.S.C. Section 41301 and the Statement of Authorization to enable it to extend its code-sharing agreement with DHL Airways, Inc., a U.S. all-cargo air carrier, so that flights of DHL International E.C. between Bahrain and Dubai, United Arab Emirates, and between Bahrain and Kuwait, may carry the airline designator code of DHL Airways as well as DHL International E.C.

Counsel: DHL and R. Tenney Johnson, 202-663-9030

Index

Lineas Aereas Privadas Argentinas, S.A.

OST-96-986	February 14, 2000	Application for Renewal of Exemption	U.S.- Argentina
		Service List

Counsel: Elizabeth Collins, pmurphy@lopmurphy.com

Index

Pro Air, Inc.

OST-99-6683

February 11, 2000

Motion for Leave to File and Reply of Pro Air to Answer of Detroit City Airport Study Committee

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LaGuardia- Detroit

The Committee's answer in opposition to Pro Air's application makes many arguments similar to those that it presented in Pro Air's original request for an exemption from the HDR at LGA in Docket No. 98-3583, in which the DOT granted Pro Air an exemption to conduct two flight operations a day.' Rather than directly discuss the merits of Pro Air's current application, the Committee devotes its answer almost entirely to an assault on Pro Air's operations at DET. Although the DOT previously rejected most of the Committee's arguments, Pro Air takes this opportunity to respond to the Committee's objections.

Counsel: Pro Air, Bradley Toney, 206.623.2000

Index

Rules of Practice in Proceedings

OST-97-2090

February 14, 2000

U.S. DOT/OST - Correction

Notice of Proposed Rulemaking

Correction In rule document 00-2554 beginning on page 6446 in the issue of Wednesday, February 9, 2000 make the following correction: 302.304 (corrected) 1. 1. On page 6475, second column s 302.304, paragraphs (b)(20(i), (ii), and (iii) were erroneously deleted. They are being correctly added to read as follows: s302.304 Service of documents. ***** (b)*** (2) Applicants for scheduled foreign air transportation authority shall serve: (i) All U.S. air carriers (including commuter air carriers) that published schedules in the Official Airline Guide or in the Air Cargo Guide for the country-pair market (s) specified in the application. (ii) The airport authority of each U.S. airport that the applicant purposes to serve, and (iii) Any other person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of the Statute

By: Patricia Thomas

Index

Simmons Airlines, Inc. d/b/a American Eagle

OST-95-569

February 14, 2000

Motion to Withhold Information from Public Disclosure

Form 41; Schedule B-7

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

Index

Southwest Airlines Co.

OST-96-1640	February 14, 2000	Motion to Withhold Information from Public Disclosure	Form 41; Schedule B-7
		Service List

Counsel: Southwest, Donald Hood, 214.792.4049

Index

United Parcel Service Co.

OST-95-125

February 14, 2000

Motion to Withhold Information from Public Disclosure

Form 41; Schedule B-7

Counsel: James Miller, 502.329.6524

Index

United Parcel Service Co. and Challenge Air Cargo, Inc.

OST-99-6345

February 14, 2000

Motion to File Unauthorized Document and Contingent Answer of UPS and Challenge to Motion of Interveners

Transfer of Route Authority

Counsel: Kelley Drye, David Vaughan, 202.955.9600 and Zuckert Scoutt, Wlliam Callaway, 202.298.8660

Index

U.S.- China Air Services (2001)

OST-99-6323	February 14, 2000	Answer of Federal Express HTML	U.S.- China
		Service List

Federal Express continues to believe that this unique proceeding - which pits the interests of shippers against the interests of passengers - should be referred for decision to an administrative law-judge. The evidentiary issues here are precisely the types of issues that an experienced administrative law judge would routinely handle. The repeated rounds of motions, answers, and replies show why the appointment of an ALJ to handle the collection and analysis of the record would actually expedite this proceeding. An ALJ would have convened a brief pre-hearing conference to hear all parties' views of the issues and the information that they believe necessary to resolve them.

Counsel: FedEx, M. Rush O'Keefe, 901.395.5189

Index

International Air Transport Association

OST-99-6694

February 11, 2000

Motion for Leave to File and Answer for Approval of Agreements of A.S.T.A.

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PSC/RESO/101

ASTA is strongly opposed to the approval and immunization of the agreement insofar as they relate to the operation by IATA of a Corporate Client Identification System. The explanation of the operation of this system is obscure but the agreement appears to provide for the airlines to share a code collectively assigned to a corporate client's individual ticketing transactions. This appears to mean that any airline who subscribes to the service will have access to the information identifying the corporate employer of the individual named in the Passenger Name Record. The Summary of Changes accompanying the application states that "this system will be of particular interest to alliances who wish to track corporate business across several airlines."

Counsel: A.S.T.A, Paul Ruden, 703.739.6854

OST-00-6879	Filed February 8, 2000	Approved February 11, 2000	Approval of Agreements
OST-00-6891	Filed February 8, 2000	Approved February 11, 2000	Approval of Agreements

By: Paul Gretch

OST-00-6935	February 14, 2000	Application for Approval of Agreements	PTC23 ME-TC3 0086
		Memorandum: PTC23 ME-TC3 0086
		Service List

By: David O'Connor

Index