OST Filings for January 17, 2001

OST Docket Filings for January 17, 2001

Last Updated 01/17/01 08:09 PM

Applications and Renewals:

Polynesian - U.S.- Samoa Renewals

Answers and Replies:

CRS - Letter form Sate Attorney Generals | Drug/Alcohol - Request for Comments | Family Assistance Plans

Haines Airways - Name Change | Warsaw Agreement

Notices of Action Taken:

Aeroempresarial | ICC International

Notices and Orders:

Chicago O'Hare Slot Exemptions | U.S.- Israel Third Country Codeshare - Notice

America West Airlines, Inc. and Mesa Airlines, Inc./Legend Airlines, Inc./National Airlines, Inc./Sun Country Airlines, Inc. and Spirit Airways, Inc.

Order 01-01-10
OST-00-7180
OST-00-7198
OST-00-7134
OST-99-5521
OST-00-7284
OST-00-8330

Issued January 17, 2001
Served January 17, 2001

Order

Slot Exemptions at Chicago O'Hare - Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

We have decided to grant Spirit's request for four O'Hare slot exemptions for nonstop Myrtle Beach service by reassigning the four O'Hare slot exemptions awarded to Legend by Order 2000-5-20. This action will not preclude Legend from reapplying for these four slot exemptions plus additional slot exemptions that the carrier might require. As we noted in Order 2000-5-20, qualified applicants such as Legend may apply for O'Hare slot exemptions under the provisions of 49 U.S.C. § 41714(i).

Moreover, we note that under the terms of 49 U. S.C § 41717(a), effective July 1, 200 1, the period of slot controlled operations at O'Hare will narrow from the current 6:45 a.m.-9:15 p.m. period to a much more limited 2:45 p.m.-8:14 p.m. period and under the provisions of 49 U.S.C § 41715(a)(1), effective July 1, 2002, the High Density Rule (Subparts K and S of Part 93 of Title 14 Code of Federal Regulations pursuant to 49 U.S. C. § 41714 (c)) will no longer be in effect for O'Hare operations. These statutory provisions will make additional O'Hare access available to Legend.

As noted in Order 2000-5-20, Spirit certified in accordance with 14 C. F. R. 302.4(b), that it met the statutory criteria as a new entrant or I imited incumbent; i.e., that it and any affiliates pursuant to § 41717(k) hold or operate (or held or operated since December 16, 1985) fewer than 20 slots and slot exemptions at Chicago's O'Hare airport. In the instant application Spirit reaffirms that it operates only eight slot exemptions and that it will operate Stage 3 compliant aircraft. Nonetheless, to be consistent, we will require that Spirit certify that its proposed operations comply with the requirements outlined in Order 2000-4-15.

We find that grant of Spirit's request would improve competition in the Myrtle Beach- O'Hare market by providing new, lower-fare offerings and by operating additional service in a market with a strong, leisure-fare component. In addition, given the loss of Vanguard's service in the Midway-Myrtle Beach market, we agree that Spirit's proposal would significantly address a potential service shortfall in the overall Chicago-Myrtle Beach market.

By: Francisco Sanchez

Index

Aeroempresarial, S.A. de C.V.

OST-00-8592

Filed December 29, 2000
Issued January 17, 2001

Notice of Action Taken

U.S.- Mexico Charter Taxi

Exemption to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment, for a period of one year.

By: Paul Gretch

Index

Computer Reservations System (CRS) Regulations

OST-97-2881
OST-97-3014
OST-98-4775

January 17, 2001

Re: State Attorneys Generals to Secretary Rodney Slater with Respect to the Orbitz Internet Web Site

Computer Reservation System (CRS) Regulations

The Orbitz proponents contend that these anti-competitive concerns would be offset by benefits to consumers from lower costs and improved service. We are not so sure. Why would participants in the Orbitz scheme have an incentive to minimize costs, when they all would face the same costs? Why would they pass any cost savings on to consumers, instead of retaining them as profit? What precisely are the advantages of the promised technological improvements over existing systems? And what is it about those advantages that necessitates joint ownership of a ticketing distribution system?

In sum, we believe that Orbitz presents a number of new and serious issues that go well beyond whether DOT's existing CRS rules should be extended to an internet site operated jointly by the airlines. The claimed benefits from Orbitz seem too slight, in and of themselves and in relation to the present range of services available in the marketplace, to compensate for what may be the scheme's inherent dampening of competition among its participants and from alternate channels of distribution. We look forward to working with DOT and the Department of Justice as our review of Orbitz proceeds.

Counsel: Attorney Generals Tom Miller, Bill Lockyer, and Eliot Spitzer

Index

Counterpart to Warsaw Agreement

OST-95-236

January 16, 2001

Barron World Airways: Counterpart to Warsaw Agreement

Warsaw Agreement

Counsel: Barron Aviation, David Campbell, 336.668.0039

Index

Family Assistance Plans

OST-96-1960

January 16, 2001

Chautauqua Airlines, Inc.: Family Assistance Plan

Aviation Disaster Family Assistance Act

By: Chautauqua, Don Olvey

Index

Haines Airways Inc. d/b/a Alaska Coastal Airlines LLC

OST-01-8727	January 17, 2001	Re: Request for Name Change	Name Change of Haines Airways to Alaska Coastal Airlines
		Attachments: Resume, Amendment to Articles of Incorporation, Verification, Agreement

Counsel: Haines Airways, Ruth Danner, 877.359.2467

Index

ICC International Cargo Charters Canada Ltd. d/b/a ICC Canada Ltd.

OST-97-3168

Filed December 4, 2000
Issued January 17, 2001

Notice of Action Taken

U.S.- Canada Cargo Charter

By: Paul Gretch

Index

Procedures for Transportation Workplace Drug and Alcohol Testing Programs

OST-99-6578

January 17, 2001

Request for Public Comments

Workplace Drug and Alcohol Testing
Programs

By: Robert Ashby

Index

Polynesian Limited

OST-95-791 OST-95-806 OST-96-1687 OST-98-3631	January 17, 2001	Application for Renewal of Exemptions	Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands/Papeete; Apia- Honolulu; Apia-Los Angeles; Maota/Samoa/Pago Pago
		Service List

Polynesian Limited respectfully requests that the Department of Transportation renew for a one-year period its exemption to perform scheduled foreign air transportation of persons, property and mail between (i) Apia, Samoa and Pago Pago, American Samoa and beyond Pago Pago to Rarotonga, Cook Islands and Papeete, Tahiti; (ii) between Apia, Samoa, on the one hand, and Honolulu, Hawaii and Los Angeles, California, on the other hand; and (iii) Maota, Samoa and Pago Pago, American Samoa.

Polynesian currently operates frequent daily flights between (i) Apia, Samoa and Pago Pago, American Samoa; and (ii) Maota, Samoa and Pago Pago, American Samoa utilizing Twin Otter aircraft. Polynesian also provides scheduled service between Apia and Honolulu. These flights are operated weekly with Polynesian's B737-800 aircraft and crews.

Polynesian's operations are regulated by the Government of Samoa, which in turn utilizes under contract the safety and technical regulatory services of the New Zealand Ministry of Transport. New Zealand and Samoa are contracting states to the Convention on International Civil Aviation ("Chicago Convention") and observe all applicable ICAO standards. Samoa has been determined by the FAA to be a Category I country.

Counsel: Squire Sanders Dempsey, Charles Donley, 202.626.6600

Index

U.S.- Israel Third-Country Codeshare Opportunities (2001)

OST-01-8726

Served January 22, 2001

Notice

U.S.- Israel Third Country Codeshare

By this notice we invite all U.S. certificated air carriers interested in using third-country code-share opportunities in the U.S.-Israel market to file applications as specified below in the captioned docket.

Under a Memorandum of Consultations (MOC) signed January 10, 2001, representatives of the United States and Israel reached an ad referendum agreement on the text of a Protocol amending the 1950 U.S.-Israel Air Transport Agreement, as amended. Under the terms of the Protocol, the U.S. may authorize, on a phased-in basis, up to four code-share arrangements between U.S. and third-country airlines for service between the U.S. and Israel. Authorized U.S..Third-country code-share arrangements may provide services in the U.S.Israel market in phases as follows: Phase 1 -Up to two arrangements until March 31, 2002; Phase 2 - Up to three arrangements from April 1, 2002, through March 31, 2003; and Phase 3 - Up to four arrangements from April 1, 2003, through March 31, 2004.1 The MOC also provides that the code-share opportunity under Phase 2 may be exercised in advance of April 1, 2002, by mutual agreement of both parties. The limitations on the number of third-country code-share arrangements will not. apply to any code-share arrangement in which airlines of the United States, Israel, and a third country are all participants .

As the opportunities under Phase I are available immediately, and given the provisions of the MOC with respect to the Phase 2 opportunity, we will solicit applications here for both the Phase I and Phase 2 codeshare opportunities. The Protocol provides that, until March 31, 2004, designated U.S. airlines may serve Tel Aviv, plus seven additional points to be selected by the United States on a code-share basis only, without local traffic rights between third-country points and points in Israel when the U.S. airline is not the operating carrier.

We request by this notice that all U.S. air carriers interested in making use of the Phase I and Phase 2 thirdcountry code-share opportunities described above file applications with the Department in the newly established docket no later than January 29, 2001. Answers to such applications should be filed February 5, 2001. Replies to answers should be filed February 8, 2001.

Carriers without the requisite operating authority should file exemption/designation applications and requests for statements of authorization to serve the affected markets in conjunction with the foreign code-share carrier(s) involved. Carriers with the requisite underlying authority and statements of authorization need only file requests for the available code-share opportunity. All applications should include, at a minimum, the following information: (a) the proposed startup date; (b) the markets to be served, including the number and identity of U.S. cities that would receive non stop-to- nonstop connections in the U.S.-Israel market, and the total elapsed travel time (including layover time) for each flight between each initial point of origin and each final destination in both directions (i.e. provide a total elapsed round-trip travel time for each city pair and break-out subtotals for the elapsed times on the U.S. to Israel flights and the Israel to U.S. flights); (c) the number of frequencies to be provided between the U.S. and Israel and the duration of service if not provided on a year-round basis for each leg of the flights; (d) type of aircraft, including the number of seats, to be used between the U.S. and the intermediate point(s) and between the intermediate point(s) and Israel; (e) the foreign code-share carrier involved, the country and the specific intermediate point(s) over which the services will be provided, and which carrier would be operating each leg of the flights; (f) existing authority held to conduct the operations, if applicable; and (g) assurance that the U.S. air carrier applicant has provided or will provide the Department with the Compliance Statement referred to in Section IV of the DOT CodeShare Safety Program Guidelines (issued February 29, 2000) concerning a safety audit of the foreign air carrier(s) involved. In addition, carriers must provide as a part of their applications, copies of the relevant cooperative service arrangements, if not already on file with the Department. Applicants are free to submit any additional information that they believe will help us in making our decision.

By: Paul Gretch

Index