Reply of Aviones de Oriente Avior© Copyright 2001 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for January 19, 2001 |
Last Updated 03/06/01 02:19 PM
Applications and Renewals:
Compliance Requirements of DHL - Complaint of Federal Express | IATA | Skyservice - Toronto-LA Scheduled
Answers and Replies:
Avior - Reply to Aeropostal (Venezuela) | IATA - Technical Correction | Pakistan International - Amendment | United/Austrian - Additional Codeshare
U.S.- Brazil All-Cargo - Rickenbacker Port Authority Letter in Support
Notices of Action Taken:
Challenge - Argentina | Gemini - Ecuador Dormancy | South African | South African/Nigeria
Notices and Orders:
Alaska Mail Rates - Show Cause | U.S.- Argentina Combination - Final Order | Hong Kong Fifth Freedom All-Cargo - Notice
Aviones de Oriente, Avior, C.A.
| OST-01-8605 | January 19, 2001 | Reply of Aviones de Oriente Avior |
Barcelona, Venezuela- Miami Scheduled Passenger |
| Exhibit A: Newspaper Article | |||
| Exhibit B: Bank Information | |||
| Service List |
If Aeropostal doubts that its own government has issued such a license to Avior, attached to this reply is an excerpt from the official Venezuelan government gazette containing the Spanish language version of Avior's operating authority (Exhibit A). If Aeropostal believes that license was improvidently granted, it should address that argument to the proper authorities in Venezuela and not attempt an end run here in the U.S.
Avior made no attempt to hide in its application that although it has already received its charter operating authority, it is still waiting for the Venezuelan government to grant it a license for scheduled service to the U.S. and other international destinations. Approval of that authority is imminent. The lack of scheduled authority should not prevent the Department from immediately granting - as it has done many times in the past -- that portion of the application requesting an exemption for charter services, while deferring action on the matter of scheduled operations until such time as Avior provides the requisite license from Venezuela.
Aeropostal appears to claim that a foreign applicant must submit not only a homeland operating license, but in addition the full raft of operating specifications governing its air transportation services. No such requirement exists in DOT's regulations nor is counsel for Avior aware of any informal guidance providing for the submission of a foreign carrier's ops specs in a DOT application. A homeland operating license is enough. Although under other circumstances a foreign applicant's operating authorizations might be necessary to satisfy the requirements of Part 129, Avior will not be operating to the U.S. with its own aircraft due to Venezuela's Category 2 status for civil aviation oversight purposes. As a consequence, its operating specifications are irrelevant to the instant application.
The only "deceptive practice" which Aeropostal's answer has brought to light is its own effort to block additional competition in the U.S.-Venezuela market by making wild accusations about Avior. The Department should not be misled by Aeropostal's attempted smear campaign. Avior is requesting approval for the only direct service between Miami and Barcelona, a significant expansion of current U.S.-Venezuela services which heretofore have focused on the principal destinations of Caracas and Maracaibo. This enhancement of the U.S.-Venezuela market will offer the traveling public additional service options and convenient connections to the numerous points in Venezuela accessible from Avior's Barcelona hub. As the services proposed by Avior are clearly in the public interest, the Department should grant the requested exemption without further delay.
Counsel: Zuckert Scoutt, Malcolm Benge, 202.298.8660
| OST-99-6582 | Filed December 14, 2000 Issued January 19, 2001 |
Notice
of Action Taken |
U.S.- Argentina |
Scheduled foreign air transportation of property and mail between point or points in the United States, via intermediate point(s), and a point or points in Argentina, and beyond. Challenge also requests authority to combine this exemption with Challenge's existing certificate and exemption authority. Challenge is currently using this authority to provide service between Miami and Buenos Aires via Sao Paulo, Brazil.
By: Paul Gretch
Compliance with U.S.- Citizenship Requirements of DHL Airways, Inc.
| OST-01-8736 | January 19, 2001 | Third- Party Complaint and Request to Commence Enforcement
Proceedings |
Third Party Complaint |
| Attachment: DHL Corporate Structure | |||
| Service List |
Recent events raise substantial questions as to whether DHL Airways, Inc. complies with the ownership and control requirements for U.S. air carriers. Specifically, it appears that foreign nationals, including DHL International, Ltd. (a Bermuda corporation), Deutsche Post, and Lufthansa Cargo AG (both German nationals), control or have the opportunity to control the operations of DHL Airways. In fact, a recent application filed with the Department by DHL Worldwide Express, Inc. shows that non--citizens control DHL Airways. In light of the strong possibility that DHL Airways may be under the control of foreign nationals, Federal Express Corporation requests the Department to conduct a formal investigation into the compliance of DHL Airways with the statutory citizenship requirements applicable to all U.S. air carriers.
The use of DHL Airways to obtain a U.S. air carrier certificate makes the United States a flag of convenience for the true operators of the DHL network. In addition to the legal questions raised by foreign control over a U.S. carrier, the lack of comparable opportunities for U.S. air carriers to control foreign air carriers would give foreign air carriers an unfair competitive advantage over U.S. air carriers. Until the United States negotiates reciprocal flexibility for U.S. air carriers, the citizenship requirements of U.S. law must be respected and enforced vigorously.
Counsel: FedEx, Thomas Donaldson, 901.434.8586
| OST-00-7513 | Filed January 8, 2001 Issued January 19, 2001 |
Notice of Action Taken |
U.S.- Ecuador |
By Order 2000-10-19, the Department granted Gemini Air Cargo, Inc. (a) an exemption to engage in scheduled foreign air transportation of property and mail between Miami, Florida, on the one hand, and Quito and Guayaquil, Ecuador, on the other, (b) an exemption to integrate such authority with Gemini's existing certificate and exemption authority, and (c) an allocation of three weekly frequencies (narrow-body aircraft or wide-body equivalent) for services in the United States--Ecuador market Gemini's frequency award was subject to a 90-day startup condition as well as our standard 90-day dormancy condition. Gemini states that while its plans for inaugurating scheduled service to Ecuador are proceeding well, it has not yet received the necessary authority from the Government of Ecuador for such operations, and does not expect such authorization before January 21, the date by which Gemini is required to start its service. Gemini states that it is hopeful that an extension through April 23, 2001, will be adequate and, therefore, requests an extension of the startup period through April 23, 2001.
By: Paul Gretch
U.S.- Hong Kong Fifth Freedom All- Cargo Proceeding
| OST-95-764 | Served January 24, 2001 | Notice |
Hong Kong- Manila Market |
Before we decide how to proceed to award the available opportunities, and to ensure that we have applications from all interested carriers, we hereby afford by this notice a final opportunity for any additional U.S. carriers interested in making use of the available frequencies to file applications with the Department no later than January 31, 2001. Answers to such applications should be filed February 5, 2001. Replies to such answers should be filed February 8, 2001.
Carriers without the requisite operating authority should file exemption/frequency allocation applications. Carriers with the requisite underlying authority need only file requests for an allocation of frequencies. All applications should include, at a minimum, the following information: (a) the proposed startup date; (b) the markets to be served, including the last point of departure from the U.S. served as a traffic stop for the applicant's service to Hong Kong;, (c) the number of fifth-freedom frequencies to be provided to and from Hong Kong and the duration of service if not provided on a year-round basis for each leg of the flights; (d) type of aircraft, including payload capacity, to be used for each leg of the flights, and whether or not those aircraft are currently in the applicant's fleet or must be obtained; and (e) existing authority held to conduct the operations, if applicable. Applicants are free to submit any additional information that they believe will help us in making our decision.
We note that several of the carriers that have already filed applications have urged the Department to initiate a comparative proceeding to award the available frequencies expeditiously, and have presented recommendations regarding the filing of additional evidentiary material and the carrier selection procedures that should be used to allocate the frequencies. The sole purpose of this notice is to ensure that all carriers interested in using the available rights have an opportunity to file applications. We will address the issue of additional evidentiary material and of procedures to be adopted in this case by separate notice/order in the near future.
We will authorize service of documents by facsimile and by electronic mail. Carriers that are interested in such service, however, should state if they want service by email and should provide interested parties with their fax number and/or email address.
By: Paul Gretch
Intra-Alaska Class Service Mail Rates
| Order 01-1-11 OST-95-405 |
Issued January 18, 2001 Served January 23, 2001 |
Order
to Show Cause Establishing Bush Service Mail Rates |
80-11-12 Intra- Alaska Class Service Mail Rates (Vol. 1-4) |
| Appendixes: Unit Costs |
By: Francisco Sanchez
Pakistan International Airlines Corporation
| OST-99-5757 | January 19, 2001 | Amendment No. 1 to Application |
U.S. - Pakistan |
| Attachments: Financials, State of Ownership | |||
| Service List |
Pakistan International Airlines Corporation, hereby amends its Application in the above-referenced docket for an amendment of its foreign air carrier permit in order to update certain of the information supplied in the Application. PIA requests that its Application be processed under the simplified non-hearing procedures specified in Subpart Q of Part 302 of the Department's Regulations.
Counsel: Zuckert Scoutt, Richard Mathias, 202.298.8660
Skyservice Airlines Inc./Linges Aeriennes Skyservice Inc.
| OST-01-8735 | January 19, 2001 | Application for Exemption Authority |
U.S.- Canada Scheduled Services |
| Exhibit A: Canada Transportation Authority |
Skyservice is a Canadian air carrier that has served the United States since 1990. Its initial U.S. service was operated with small aircraft pursuant to Part 294 of the Department's regulations. In 1994, Skyservice applied for and received exemption authority to operate large aircraft in foreign charter air transportation of persons, property and mail between points in Canada and points in the United States, and, subject to applicable DOT regulations, between points in the United States and other points worldwide. Pursuant to that authority, Skyservice currently operates passenger charter service to the United States using Airbus A330 and A320 equipment.
As noted above, Skyservice has operated successful U.S.-Canada charter service since 1994. That service is operated with the identical A330 and A320 equipment that will be used for Skyservice's inaugural international scheduled service between Toronto and Los Angeles. Skyservice's existing charter service is operated from Toronto to many U.S. points, including Orlando and Las Vegas, having stage lengths comparable to that required for its proposed Toronto-Los Angeles service. Skyservice also has operated charter service between Toronto and Los Angeles.
. Skyservice intends to inaugurate scheduled service within Canada under the Roots Air name in March of this year and to inaugurate service to Los Angeles in early June. Skyservice's initial Roots Air international scheduled route will consist of thirteen weekly frequencies between Toronto and Los Angeles.
Counsel: Boros Garofalo, Don Hainbach, 202.822.9070
South African Airways (PTY) Ltd.
| OST-00-7754 | Filed December 29, 2000 Issued January 19, 2001 |
Notice of Action Taken |
Lagos, Nigeria Intermediate Authority |
By: Paul Gretch
South African Airways (PTY) Ltd. and Nigeria Airways, Ltd.
| OST-00-8601 | Filed December 29, 2000 Date of Action January 19, 2001 |
Department Action on Application |
Codeshare Service between the United States and Nigeria |
Exemption from 49 U.S.C. 41301 to serve Lagos, Nigeria, as an intermediate point on SAA's currently authorized scheduled services between South Africa and the United States
By: Barbara Schools
United Air Lines, Inc. and Austrian Airlines, Osterreichesche Luftverkehrs AG
| OST-00-6803 | January 19, 2001 | Re: Notice of Additional Codeshare Services |
U.S.- Austrian Code-Sharing Chicago/Washington- U.S. |
| Service List |
Pursuant to the Department's approval of the blanket statement of authorization in the above-referenced proceeding granted to United Air Lines, Inc. and Austrian Airlines Osterreichische Luftverkehrs AG, United and Austrian hereby notify the Department that Austrian's "OS" designator code will be placed on flights operated by United:
The services will be implemented on or about February 19, 2001.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6000, jmanley@wilmer.com, and Shaw Pittman, J.E. Murdock, 202.663.8342, sandy.murdock@shawpittman.com
1999 U.S.-Argentina Combination Service Case
| Order 01-1-14 OST-99-6210 |
Issued January 11, 2001 Served January 19, 2001 |
Final
Order |
1999 U.S.- Argentina Combination Service Case |
| Attachment: Experimental Certificate of Public Convenience and Necessity for Route 798: Delta Air Lines | |||
| Attachment: Experimental Certificate of Public Convenience and Necessity for Route 799: Continental Airlines | |||
| Attachment: Experimental Certificate of Public Convenience and Necessity for Route 800: Continental Airlines |
We have decided to make final our tentative decision in Order 2000-12-13 to select Delta and Continental to serve the US-Argentina market and to allocate each carrier seven weekly frequencies for its services. We allocate Delta the seven weekly frequencies available on April 1, 2001, for its proposed Atlanta-Buenos Aires service, and Continental the seven frequencies available on December 1, 200 1, for its proposed Newark-Buenos Aires service. We also make final our proposed backup awards to Continental and United.
This case is the outgrowth of long-term efforts to liberalize the aviation regime with Argentina. Until now services between the United States and Argentina have been limited to two U.S. airlines. While these airlines have been able to increase their services over the years and now operate three daily services each, we have been unable to authorize services by other airlines and, thus, to provide consumers with greater choices for services in this important market. For this reason, a major objective of liberalizing the aviation regime with Argentina was to create new opportunities for additional carriers to serve Argentina.
By: Susan McDermott
U.S.-Brazil All-Cargo Frequencies and Designation
| OST-00-7559 | January 19, 2001 | Re:
Rickenbacker Port Authority in Support of
Evergreen International Airlines |
U.S.- Brazil All-Cargo Frequencies and Designation |
Counsel: Rickenbacker Port Authority, Bruce Miller
International Air Transport Association
| OST-01-8692 | January 19, 2001 | Application
for Approval of Agreements: Technical Correction |
PTC COMP 0754 Corrects Resolution 010o Fares to/from Gaza City |
By: David O'Connor
| OST-01-8374 | January 19, 2001 | Application
for Approval of Agreements |
PTC31 N&C/CIRC 0147 |
By: David O'Connor
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© Copyright 2001 Airline Information Research, Inc. All rights reserved.