OST Filings for January 8, 2001

OST Docket Filings for January 8, 2001

Last Updated 01/08/01 09:26 PM

Applications and Renewals:

TAMSA - U.S.- Mexico Taxi Renewal | United - U.S.- Germany- Namibia Codesahre Renewal | U.S.- Ecuador All-Cargo - Gemini Waiver of Dormancy

Answers and Replies:

CommutAir - Proposal of Champlain Enterprises | EAS at Adak, Alaska - Comments | Family Assistance Plans (2)

Hong Kong All-Cargo - Answer of FedEx | United/Austrian - Additional Codeshare | U.S.- Brazil All-Cargo - Corrected Exhibits of Gemini

Wendell Ford - Re-Certification of Continental Express at LGA

Notices of Action Taken:

None

Notices and Orders:

None

CommutAir

OST-00-7556
OST-00-8012
OST-00-8025

January 5, 2001

Proposal to Provide Essential Air Service of Champlain Enterprises Inc

Saranac Lake, NY (SLK)- Albany; Presque Isle, ME (PQI)- Boston; Utica, NY (UCA)- New York (JFK)

Counsel: Champlain Enterprises, Andrew Price

Index

Essential Air Service at Adak, Alaska

OST-00-8556

January 5, 2001

Adak Reuse Corporation: Community Comments

Essential Air Service at Adak, Alaska

By: Adak Reuse

Index

Family Assistance Plans

OST-98-3304

January 5, 2001

Estafeta Carga Aerea, S.A. de C.V. Aviation Disaster Contingency Plan

Foreign Air Carrier Plans to Address Needs of Families of Victims of Aircraft Accidents

Counsel: Estafeta, Herbert Rosental, 202.659.3526

OST-98-3304

January 5, 2001

Corse-Air International, S.A.: Amended Family Assistance Support Plan

Foreign Air Carrier Plans to Address Needs of Families of Victims of Aircraft Accidents

Counsel: Dorsey Whitney, Syndy Littman

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Hong Kong Fifth Freedom All-Cargo Proceeding

OST-95-764	January 8, 2001	Answer of Federal Express	Hong Kong Fifth Freedom All-Cargo Proceeding
		Service List

As stated in the prior Answer and Consolidated Answer of Federal Express filed previously in response to the Hong Kong frequency applications filed by UPS, Evergreen, Northwest and Polar, Federal Express objects to the grant of each of the other Hong Kong frequency applications, including that of Gemini, to the extent that grant of any of them would preclude the allocation of one (1) additional Hong Kong fifth-freedom frequency to Federal Express. Federal Express hereby incorporates by reference the facts and arguments contained in its prior Answer and Consolidated Answer for purposes of this Answer to the application of Gemini.

Counsel: Shaw Pittman, Nathaniel Breed, 202.663.8078

Index

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

OST-96-1919	January 8, 2001	Application for Renewal of Exemption	U.S.- Mexico
		Service List

Counsel: Roller Bauer, Lee Bauer, 202.331.3300, airlaw@rollerbauer.com

Index

United Air Lines, Inc.

OST-99-5097	January 8, 2001	Application for Renewal of Exemption	Codeshare: U.S.- Germany- Windhoek, Namibia
		Service List

Hereby applies for renewal of its exemption to provide scheduled foreign air transportation of persons, property, and mail between points in the United States and Windhoek, Namibia, via points in Germany, including route integration authority. United requests that this exemption be renewed for a period of two years or until the Department grants a permanent certificate of public convenience and necessity which includes such authority.

Shortly thereafter, United became the first U.S. carrier to implement third--country code-share service between the United States and Namibia. United provided such service pursuant to a code-share arrangement with Lufthansa German Airlines ("Lufthansa"), whereby United placed its designator code on Lufthansa flights between Frankfurt and Windhoek, connecting those flights with United/Lufthansa's flights between the U.S. and Frankfurt. Last year, however, Lufthansa suspended its Frankfurt--Windhoek service. Nonetheless, in anticipation that Lufthansa or one of United's other code-share partners may resume such service, United is hereby requesting renewal of its exemption authority to serve Windhoek. Renewal of this authority will ensure that United is in a position to re-introduce its U.S.-Germany-Windhoek third-country code-share service immediately upon Lufthansa's resumption of its Frankfurt-Windhoek service. 2 United also is requesting that the Department renew the route integration authority granted in conjunction with United's exemption to serve Windhoek. By integrating its exemption authority to serve Windhoek with its other existing certificate and exemption authorities, United may be able to avail itself of other opportunities to serve Windhoek via different routings with different code-share partners, should such opportunities arise.

United's Germany-Windhoek services were operated on a blind-sector basis for traffic under the "UA" designator code, i.e., United did not sell service to local traffic between Germany and Windhoek. Upon resumption of Lufthansa's Germany-Windhoek flights, United would offer code-share services on the same blind-sector basis as before.

Counsel: Wilmer Culter, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com

Index

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

OST-00-6803	January 8, 2001	Re: Notice of Additional Codeshare Services	U.S.- Austrian Code-Sharing - Washington-Tampa / Chicago-Kansas City
		Service List

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

Index

U.S.-Brazil All-Cargo Frequencies and Designation

OST-00-7559	January 8, 2001	Re: Corrected Exhibits of Gemini Air Cargo	U.S.- Brazil All-Cargo Frequencies and Designation
		Exhibits: Corrections of GR-316, 318, 319

Pages 2 and 3 of Exhibit GR-316, Exhibit GR-318, and Exhibit GR-319 to the Amended Application of Gemini Air Cargo, filed in the above docket on December 7, 2000, contained several minor errors.

Pages 2 and 3 of Exhibit GR-316 Rev. correct some errors on the last two lines of each page, including references to Colombia and Chile. Exhibit GR-318 Rev. corrects the allocation between Chile and Colombia of forecasted Gemini imports from third county markets. The effect on total Gemini traffic from third country markets is marginal. Exhibit GR-319 Rev. corrects Gemini's 2001 traffic forecast due to a small revision in the projected imports from Colombia.

Counsel: Roller Bauer, Lee Bauer, 202.331.3300, airlaw@rollerbauer.com

Index

U.S.- Ecuador All Cargo Frequency Allocations

OST-00-7513	January 8, 2001	Application of Gemini Air Cargo for Waiver of Start- Up Period	U.S.- Ecuador
		Service List

Gemini's plans for inaugurating scheduled service to Ecuador are proceeding well. Gemini is hopeful that it can begin scheduled all-cargo service between the United States and Ecuador by the end of January 2001, but considers it unlikely that it will be able to do so before January 21, 2001, the date on which Gemini's 90-day start-up period expires.

Gemini is contracting with shippers to use its new service to Ecuador and is also working to obtain all authority from the Government of Ecuador. Because Gemini does not know when the Government of Ecuador will issue the authority that it needs, it is difficult for Gemini to predict the exact date on which it will introduce its new service. Gemini is hopeful, however, that an extension through April 23, 2001 should be adequate.

The two weekly DC-10-30F flights that Gemini plans to operate to Ecuador will make the best use of the three U.S.-Ecuador frequencies that were at issue in the above proceeding.

Counsel: Roller Bauer, Moffet Roller, 202, 331.3300, , airlaw@rollerbauer.com

Index

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

OST-00-7175	January 8, 2001	Re-Certification of Continental Express Pursuant to LaGuardia Slot Exemption Lottery	LaGuardia Slot Exemptions
		Service List

Continental Express will operate between LaGuardia and Buffalo (NY); Madison (WI); and Richmond (VA) with slots obtained from the December 4, 2000 lottery. Each of these cities qualifies as a small hub airport under 49 IT S.C. § 41714(h)(8). Continental Express will operate this service with 37-seat Embraer 135 aircraft, which are Stage 3 compliant.

At the December 4 slot exemption lottery, Continental Express received 20 slots in the regular lottery and 2 slots in the contingent lottery related to Legend Airlines, for a total of 22 slots.

Continental Express intends to operate a total of 10 daily roundtrip frequencies between LaGuardia and Buffalo, Madison and Richmond,2 using a combination of lottery, other Air 21 and HDR slots. Continental Express will determine the precise schedules following slot trades, as authorized by the FAAs notice, and will begin service by the required January 31, 2001 implementation date.

By letter dated December 28, 2000, the FAA informed Continental Express that Legend would not reinstitute LaGuardia operations until February 2001 and that the FAA was reviewing information provided by Legend to determine whether it will be allocated its selected slots. Although Legend failed to serve Continental Express with its December 21, 2000 letter outlining Legend's plans to reinstitute service, Continental Express has obtained a copy. Continental Express disagrees with Legend's claim that the LaGuardia lottery slots selected by Legend are protected by the bankruptcy provisions in 14 C.F.R. § 93.227 and intends to submit a response to Legend's December 21 letter.

Counsel: Continental Express, James Bean

Index