OST Filings for March 13, 2000

OST Docket Filings for March 13, 2000

Last Updated 03/13/00 10:26 PM

Applications and Renewals:

LOT - Codeshare w/ American

Answers and Replies:

America West - Consolidated Reply (LGA Slots) | CRS (2)- Comments of Worldspan/Amadeus Travel | IATA (2) - Letters in Opposition

United/Austrian - Request for Immediate Action

Notices of Action Taken:

Air France/Comair - Department Action

Notices and Orders:

Drug/Alcohol Testing - Notice of Public Meetings | EAS at Ephrata/Moses Lake - Selecting Carrier | IATA | Penair - Final Rate

America West Airlines, Inc.

OST-00-6957	March 13, 2000	Consolidated Reply of America West HTML	Columbus- New York (JFK); Phoenix/Las Vegas- New York (JFK)
		Service List

JetBlue and the Borough of Queens do not oppose America West's request for slot slides at either JFK or LGA. However, both appear to misconstrue America West's request for exemption slots as a proposal to add new services at JFK and LGA. On the contrary, this application is directed at America West's ability to continue its existing services. As discussed in the application, loss of America West's JFK and LGA service would cause substantial harm to consumers currently flying on America West, through reduced service options and higher fares. America West provides the only competitive service in the substantial LGA-Columbus market, virtually all the non-stop service in the Phoenix - JFK market and much of the competitive service in the chronically underserved JFK - Las Vegas market. Accordingly, America West's request for new entrant slot exemptions amply meets both the public interest and exceptional circumstance requirements of 49 U.S.C. § 41714. However, as noted below under legislation that will likely be enacted this week, Congress has eliminated the "exceptional circumstances" requirement for the grant of slot exemptions.

Counsel: Baker Hostetler, Joanne Young, 202.861.1532

Index

Computer Reservation Systems (CRS) Regulations

OST-00-6984	March 13, 2000	Comments of Amadeus Global Travel Distribution, S.A. HTML	Notice of Proposed Rulemaking
		Service List

In its Petition for Interpretation and its Filings in Docket OST-97-2881 and related dockets,' Amadeus amply demonstrated that the fare tying issue not only deserves prompt regulatory attention, but that resolution of this problem requires neither substantial modification of Department policy nor (as in the case of the "parity clause" proceeding) completion of the ..global" CRS rulemaking. Amadeus has documented numerous instances of CRS-affiliated airlines refusing to make corporate discount fares available to entities that did not use their affiliated CRS. Several other commenters have also made clear that tying of certain discount fares to use of a particular system is widely practiced. Such tying undermines the core purpose of the CRS rules -- to prohibit bias in favor of those airlines that own or market systems. It also unduly restrains competition in the CRS market and substantially harms consumers by enabling a locally dominant airline to coerce travel agents and business travel departments to purchase the services of the CRS that it owns or markets. Any delay in rectifying the gaping loophole in the CRS rules will result in further injury to competition and to consumers

Counsel: Steptoe Johnson, David Coburn, 202.429.8063

OST-00-6984

March 13, 2000

Comments of Worldspan, L.P

Notice of Proposed Rulemaking

WORLDSPAN does not object to the proposed extension. A thorough examination of the issues related to the CRS industry and the regulation thereof is a complex and important undertaking and certainly warrants the proposed extension.

WORLDSPAN is concerned, however, that the Department may be considering dealing with certain issues before it completes the overall reexamination of the CRS rules. As it has told the Department on multiple prior occasions, WORLDSPAN is opposed to any suggestion that the Department should abandon the comprehensive analysis of CRS-related issues that is embodied in the Advance Notice of Proposed Rulemaking in Docket No. OST-97-2881. The ANPRM itself makes quite clear that the CRS regulations balance a variety of complex relationships among CRS's, carriers, travel agents and the public. The relevant issues are interdependent and should be addressed comprehensively and at the same time, and not on a piecemeal basis.

Counsel: Zuckert Scoutt, Charles Simpson, 202.298.8660, cjsimpson@zsrlaw.com

Index

Essential Air Service at Ephrata/Moses Lake, Washington

Order 00-3-5 OST-98-3344 Order 98-1-15	Issued March 13, 2000 Served March 15, 2000	Order Tentatively Selecting Carrier and Setting Subsidy Rate	EAS at Ephrata/Moses Lake, Washington
		Exhibit A: Historical Traffic
		Exhibit B: EAS to be Provided
		Exhibit C: Fuel Burn
		Service List

By: Bradley Mims

Index

Procedures for Transportation Workplace Drug and Alcohol Testing Programs

OST-99-6578

March 13, 2000

U.S. DOT/OST- Notice of Agenda for Public Meeting

Workplace Drug and Alcohol Testing
Programs

The U.S. Department of Transportation scheduled 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). In the meeting notice, published in the Federal Register on January 18, 2000 (65 FR 2573), the Department included tentative agendas for the meetings to be held in Los Angeles, California, and Dallas, Texas. However, the Department did not include such an agenda for the meeting to be held in Washington D.C. This notice provides the agenda for the Washington DC meeting, which will include a roundtable discussion on the proposed public interest exclusion (PIE) provisions of the NPRM. Dates and Addresses: The public meetings will be held on March 20 and 21, 2000, at the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, NW., Washington, DC 20004: On March 28, 2000, at the Hilton Los Angeles Airport, 5711 West Century Boulevard, Los Angeles, CA 90045, telephone number (310) 410-4000, fax (310) 410-6177; and on March 30, 2000, at the Crowne Plaza, Dallas Market Center, 7050 Stemmons Freeway, Dallas, TX 75247, telephone number (214) 630-0037.

By: Marti Bludworth

Index

Peninsula Airways, Inc. d/b/a/ Penair

OST-00-3-4 OST-00-6945	Issued March 13, 2000 Served March 15, 2000	Order Setting Final Rate Until Further Department Action	Terminate EAS at Eleven Kodiak Island Bush Communities
		Exhibit A: Map
		Exhibit B: Annual Subsidies
		Exhibit C: EAS to be Provided

Order 2000-3-4 is setting a final annual rate for Peninsula Airways' essential air service at Amook Bay, Kitoi Bay, Moser Bay, Olga Bay, Port Williams, Seal Bay, West Point, and Zachar Bay, Alaska until further Department action. The carrier's most recent rate expired January 31, and on February 15, 2000, it filed notice to suspend service at all of the Kodiak Bush communities.

By: Bradley Mims

Index

Polskie Linie Lotnicze LOT S.A.

OST-00-7072

March 13, 2000

Application for an Exemption
Electronic Submission

Poland-Boston, Atlanta, Washington/Baltimore, Denver, San Francisco, Cleveland, Dallas/Ft Worth, Seattle, Phoenix, Syracuse, Minneapolis and Pittsburgh - Codeshare with American Airlines

LOT and American Airlines, Inc. have amended their code-sharing agreement to include these points and plan to institute code-sharing service to these points on March 26, 2000. LOT and American are contemporaneously requesting that the previously-approved statement of authorization be amended to include these three points.

Counsel: Winthrop Stimson, John Gillick, 202-775-9800,

Index

Societe Air France and Comair Inc.

OST-00-6939

Filed February 14, 2000
Date of Action March 3, 2000

Department Action on Application

U.S.-France Blanket Codeshare Authority

By: M. D. Bodman

Index

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

OST-00-6803	March 13, 2000	Re: Request for Immediate Action on Application	U.S.- Austrian Code-Sharing
		Service List

United and Austrian hereby jointly request immediate action on United's application for a statement of authorization to display Austrian's "OS" designator code on flights operated by United. That request, which is encompassed in the above-referenced joint application, was unopposed. This request is without prejudice to Austrian's pending application for approval of a statement of authorization to display United's "UA" designator code on flights operated by Austrian.

Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6000, and Shaw Pittman, J.E. Murdock, 202.663.8342, sandy.murdock@shawpittman.com

Index

International Air Transport Association

OST-00-7042	Filed March 7, 2000	Approved March 9, 2000	Approval of Agreements
OST-00-7043	Filed March 8, 2000	Approved March 10, 2000
OST-00-7044	Filed March 8, 2000	Approved March 10, 2000