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OST Docket Filings for January 22, 2001

Last Updated 01/23/01 11:18 AM

Applications and Renewals: 

Aeromexico - Mexico City-Chicago; Guaymas-LA Renewal | Thai International - United Codeshare

Answers and Replies: 

Air Caraibes/Air France - Letter | Continental/COPA - Reply of Houston | Hong Kong All-Cargo - Responses of Continental Micronesia/FedEx

Sky King - Petition for Review

Thai International/U.S.- Vietnam/United - Codeshare Compliance

Notices of Action Taken:

American/Eva - Department Action 

Notices and Orders:

Alaska Mail Rates - Notice | EAS at Cape Yakataga and Icy Bay | Express I - Service Obligation


Aerovias de Mexico, S.A. de C.V.

OST-00-6816 January 22, 2001 Application for Renewal of Exemption Mexico City- Chicago; Guaymas- Los- Angeles
    Service List  

By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mexico City and Chicago, and between Guaymas and Los Angeles. The authority was granted by Notice of Action Taken, dated February 9, 2000, and currently is set to expire on February 9, 2001. Aeromexico is offering round trip nonstop service in the Mexico City-Chicago market on Fridays and Sundays and it desires to continue providing such service in the future. In addition, Aeromexico is carrying the two letter designator code of Delta Air Lines, Inc. on the flights. The service being provided by Aeromexico has generated significant benefits for the traveling public and the code share arrangement has enabled Delta to offer competitive service in the market. Although Aeromexico currently is not serving the Guaymas-Los Angeles market on a direct basis, it intends to institute such service in April 2001.

Counsel:  Verner Liipfert, William Evans, 202.371.6030

Index


American Airlines, Inc. and Eva Airways Corporation

OST-99-6193 Filed January 9, 2001
Date of Action January 22, 2001
Department Action of Application Los Angeles- Austin, Boston, Chicago, Dallas/Ft. Worth, Miami, New York (JFK), Washington (Dulles)

By:  Teresa Bingham

Index


U.S.- Hong Kong Fifth Freedom All- Cargo Proceeding

OST-95-764 January 22, 2001 Re:  Continental Air Micronesia Regarding United's Reply Hong Kong 5th Freedom all-Cargo

In the UPS consolidated reply submitted January 10, 2001, in this proceeding, you suggested that the Department issue Information Responses requiring that Continental Air Micronesia provide by month for the most recent 24 months operated, fifth freedom traffic by direction between Hong Kong and any points served, including non-stop; single plane; connecting or change of gauge, via any intermediate points, all segments by
segment. Identify traffic by category, i.e., - express, time-definite air freight, and general air freight.

Neither Air Micronesia nor Continental Micronesia has this information available, and they would be unable to provide such information if it were
requested.

Counsel:  Crowell Moring, Bruce Keiner

OST-95-764 January 22, 2001

Electronic Submission

Response of Federal Express Corporation and Motion for Leave to File Hong Kong 5th Freedom all-Cargo

In its Consolidated Reply, UPS urges the Department to impose an extremely burdensome Information Response requirement on Federal Express in this proceeding. UPS has asked Federal Express to provide, inter alia, some of its most competitively sensitive data—traffic carried by category— without providing any justification. Further, Federal Express either cannot provide some of the data requested, or would find it unreasonably burdensome to do so. Federal Express believes that the requested data would produce no information relevant to a sound decision on the carrier-selection issue in this case. For these reasons, Federal Express strongly opposes the Information Response requirement proposed by UPS, and urges the Department to reject it.

Specifically, UPS urges the Department to require Federal Express to prepare and submit a report of all Hong Kong fifth-freedom traffic carried by Federal Express on five flights a week between Hong Kong and Subic Bay during the past two years ending December 31, 2000. UPS urges that the requested traffic data be broken down by direction to every third country to and from which Federal Express has transported Hong Kong fifth-freedom traffic on “non-stop, single-plane, connecting or change of gauge” flights, “via any intermediate points [and] all segments by segment.” UPS further requests that the reported traffic be identified “by category, i.e., express, time-definite air freight, and general air freight”

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078

Index


Intra-Alaska Class Service Mail Rates

OST-95-405
OST-95-429
Served January 22, 2001 Notice Request for Comments Regarding Revised Reporting and Other Mail Rate Adjustments Intra-Alaska Class Service Mail Rates (Fuel Costs)

By:  Francisco Sanchez

Index


Continental Airlines, Inc. and Compania Panamena de Aviacion, S.A.

OST-00-8577 January 22, 2001 Motion for Leave to File and Reply of the City of Houston and the Greater Houston Partnership U.S.- South America; Central America; Caribbean
    Service List  

Over the past decade, the City of Houston and Continental have invested in building one of the nation's premier domestic hubs and international gateways at George Bush Intercontinental Airport (IAH). Their efforts have paid off handsomely-Bush Intercontinental has become the eighth-largest U.S. gateway for international passengers, as well as the second-largest gateway for traffic to Mexico and Central America, and the seventh-largest gateway for traffic to South America. This rapid growth was in no small part due to the strong community of interest shared by Latin America and Houston. The Greater Houston Area is home to the sixth-largest Hispanic community in the U.S., and no fewer than 21 Latin American and Caribbean nations maintain consulates in the City to facilitate the growing business and cultural ties between them and Houston.

However, U.S.-Latin America air traffic continues to be dominated by American Airlines, which offers services from its Miami mega-hub and other gateways, as well as through its alliances with TACA and other carriers. Moreover, American's dominant position in Latin America might be further entrenched if the Department approves the pending application for the approval and immunization of American's alliance with TACA (Docket OST-2000-7088), as well as if American succeeds in purchasing the assets of Trans World Airlines, which has been an emerging competitor in the Caribbean.

In contrast, the approval and immunization of the Continental/CO PA alliance by the Department would only enhance competition in the U.S.-Latin America market. One of the benefits would be improved links between Continental's Houston hub and COPA's Panama City hub. Such services would expand the options available to the U.S. public, especially from the long underserved central and western regions of the United States, by linking the Continental and COPA networks end-to-end. Indeed, the Department long has recognized that new services at Houston can offer "intergateway competition with Miami, the traditionally dominant U.S. gateway." Order 96-4-48, at 5-6. Moreover, even though Continental is the only U.S. carrier to which has invested in developing a comprehensive new network of services in Latin America to compete with American, Continental's network has minimal overlap with COPA's network, and a closer alliance clearly would serve the public interest by ensuring vigorous continent--wide competition.

Counsel:  Zuckert Scoutt, Jol Silversmith, 202.298.8660, jasilversmith@zsrlaw.com 

Index


Essential Air Service at Cape Yakataga and Icy Bay, Alaska / Gulf Air Taxi

Order 01-1-15
OST-96-2009
Issued January 19, 2001
Served January 24, 2001
Order Tentatively Selecting Carrier and Setting Final Subsidy Rate

Essential Air Service at Cape Yakataga and Icy Bay, Alaska

    Appendix A-CSubsidy Rate & Historical Traffic  
    Service List  

Order 2001-1-15 tentatively reselects Gulf Air Taxi, Inc., to continue providing essential air service at Cape Yakataga and Icy Bay, Alaska, for the period beginning November 1, 2000, and ending October 31, 2002, at an annual subsidy of $61,739. Interested parties having objections to the selection of Gulf Air Taxi, Inc., to provide essential air service as described in ordering paragraph 1, at the rate set forth in ordering paragraph 2 , are directed to file such objections or competing service proposals no later than 20 days from the date of service of this order.

By:  Francisco Sanchez

Index


Express I, Inc. d/b/a Northwest Airlink

Order 00-1-16
OST-00-7855
OST-00-7856
OST-00-7857
Issued January 22, 2001
Served January 25, 2001
Order Extending Service Obligation Terminate Air Service Owensboro Davies County Regional Airport

By: Randall Bennett

Index


La Caribeenne des Transportes Aeriens d/b/a Air Guadeloupe/Air Martinique

OST-99-6543 January 22, 2001 Re:  Code-Sharing Approval Statement of Authorization - Codeshare with Air France

The final French Caribbean-Miami code-sharing operation occurred on January 7, 2001. Air Caralbes now is operating wet-lease services for Air France in these markets pursuant to Statement of Authorization 2000-538, issued December 28, 2000.

Counsel:  Verner Liipfert, William Evans, 202.371.6030

Index


Sky King, Inc.

OST-97-3017
OST-97-3113
January 22, 2001 Motion for Leave to File an Unauthorized Document and Petition for Review of Order Canceling Certificate Certificate of Public Convenience, Interstate and  Foreign
    Service List  

During the past several years, Sky King has been diligently pursuing steps required to obtain a Part 121 Operating Certificate. These efforts were periodically communicated to the Department in connection with requests by Mr. Gregg Lukenbill, owner of Sky King, for relief from the dormancy provisions of 14 CFR §204.7. By letter dated May 30, 2000, the Department extended the deadline for receipt of effective certificate authority until November 19, 2000. During this extension of time, Sky King was making significant progress in satisfying FAA requirements. However, Sky King failed to notify the Department of its status and request another extension of time prior to November 19, 2000, and this oversight resulted in immediate revocation of Sky King's interstate charter authority. As a consequence of the Department's Order stating its intention to revoke both the interstate and foreign charter certificates, the FAA advised Sky King that the agency may not be in a position to complete Sky King's Part 12 1 certification.

Order 2000-12-7 noted that the revocation was without prejudice to Sky King filing a new application, thus indicating that the Department's action was ministerial in nature and not based on evidence that Sky King lacks the requisite citizenship, qualified personnel, financing, or compliance disposition to provide certificated charter services. The Department's action has had the apparently unintended effect of suspending or terminating the FAA certification process, which is now in its final stages. While Sky King could file a new application with the Department, this course of action will not alleviate the potentially significant cost and delay that would be caused by interruption of the FAA certification process in which Sky King has already invested heavily.

Sky King is now preparing a report on the status of its certification by the FAA and a comprehensive update of information required by the Department to assess the continuing fitness of Sky King to provide interstate and foreign charter services as authorized in its DOT certificates. This information will be supplied to the Department within 30 days. Pending receipt and analysis of the updated fitness data, Sky King requests that the Department grant Sky King's petition for review of Order 2000-12-7 and rescind the order submitted for Presidential review. It is Sky King's understanding that grant of the requested relief will forestall interruption of the FAA Part 121 certification process.

By:  Sky King, Susan Jollie, 704.354.8450, sjollie@erols.com  h

Index


Thai Airways International Public Company Limited

OST-01-8747 January 22, 2001 Application for Statement of Authorization Code-Share w/United Air Lines, London- Bangkok Blind Sector
    Service List  

United and Thai now seek to enable United to offer reciprocal online service between the United States and Thailand via London. Under the proposed arrangement, United would transport UA-ticketed passengers between points in the United States and London on United-operated flights where they would transfer to/from Thai-operated flights between London and Bangkok.

Counsel:  Wilmer Cutler, Karan Bhatia, 202.663.6000, kbhatia@wilmer.com 

Index


Thai Airways International Public Company Limited/U.S.-Vietnam Third Country Code Sharing Opportunities/United Air Lines, Inc.

OST-01-8747
OST-00-7194
OST-00-7085
January 22, 2001 Re:  International Code-Share Compliance Statement Code-Share w/United Air Lines, London- Bangkok Blind Sector
    Attachment:  International Code-Share Compliance Statement  
    Service List  

Counsel:  Wilmer Cutler, Cathleen Peterson, 202.663.6000, cpeterson@wilmer.com

Index


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