Date of Action January 26, 2001
Department
Action on Application© Copyright 2001 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for January 26, 2001 |
Last Updated 01/29/01 12:19 PM
Applications and Renewals:
Haiti Aviation - U.S.- Haiti Renewal | IATA
Answers and Replies:
DHL Worldwide - Motion of FedEx | Family Assistance Plans | Salmon Air - Requested Information
Notices of Action Taken:
American (2)- Department Action | British Midland/United | China Eastern
Notices and Orders:
DHL Worldwide - Notice Extending Date | U.S.- Turkey Combination Third-Country - Notice
| OST-99-5713 | Filed January 16, 2001 Date of Action January 26, 2001 |
Department
Action on Application |
Codesharing with China Eastern Airlines |
Application of American Airlines, Inc. for amended Statement of Authorization to display China Eastern's "MU" designator code on American's domestic flights beyond China Eastern's Los Angeles gateway to Miami, Florida, and Boston, Massachusetts.
By: Teresa Bingham
| OST-00-7784 | Filed January 12, 2001 Issued January 26, 2001 |
Notice of Action Taken |
U.S.- Ukraine |
By Order 2000-11- 1, served November 2, 2000, the Department granted American Airlines exemption authority, effective immediately, to conduct third-country code-share services in the U.S.-Kiev market and allocated it 3.5 weekly frequencies for this service. That award was subject to the condition that the frequencies would expire automatically and revert to the Department for reallocation if not used for a period of 90 days. Under the terms of the Order, the frequencies would revert automatically to the Department on January 31, 2001. American requests a waiver of the 90-day dormancy condition until May 1, 2001. American states that it has been unable to secure the necessary authorization from the Government of Ukraine to begin its service.
American's waiver from the dormancy condition is effective until May 1, 2001. If American does not begin service by May 1, 2001, its frequency allocation expires automatically. The 90-day dormancy period will begin on the date American begins service.
By: Paul Gretch
British Midland Airways Limited and United Air Lines, Inc.
| OST-00-8485 | Filed December 6, 2000 Issued January 26, 2001 |
Notice of Action
Taken - Denied |
Statements of Authorization - U.S.- U.K. Codesharing / Exemption |
The requested authority is not provided for in the U.S.-U.K. aviation agreement, and we are not prepared to approve the applicants' request for extrabilateral authority at this time. Consequently, given the current state of our aviation relationship with the United Kingdom, we determined that the best course of action was to deny, without prejudice, the application at issue here.
By: Paul Gretch
China Eastern Airlines Corporation Limited
| OST-00-7486 | Filed June 6, 2000 Issued January 26, 2001 |
Notice
of Action Taken |
U.S.- China |
Exemption to conduct its currently authorized Beijing/Shanghai-Los Angeles scheduled service beyond Los Angeles to Boston, MA, and Miami, FL, pursuant to a code-share arrangement with American Airlines, Inc.
By: Paul Gretch
| OST-96-1960 | January 26, 2001 | Virgin
Atlantic: Plan for Addressing the Needs of the Families of
Passengers Involved in an Aircraft Accident |
Aviation Disaster Family Assistance Act |
By: Virgin Atlantic Airways, Manor Royal
Haiti Aviation, S.A. d/b/a Air D'Aytiti
| OST-97-2999 | January 26, 2001 | Application for Renewal of Exemption |
U.S.- Haiti |
| Service List |
Applies for renewal of its exemption authority to conduct scheduled foreign air transportation of persons, property and mail between Port-au-Prince, Haiti and the coterminal points Miami, FL; San Juan, PR; and New York, NY and charters subject to the Department's rules. In accordance with the FAA's IASA Program and its assessment of Haiti as a "Category 2" country, Air D'Ayiti would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or "Category I" foreign air carrier. Air D'Ayiti has been conducting its authorized Haiti-U.S. service pursuant to authorized wet lease agreements.
Counsel: Pierre Murphy, 202.872.1679, pmurphy@lopmurphy.com
Mountain Bird, Inc. d/b/a Salmon Air
| OST-00-8059 | January 25, 2001 | Requested
Information |
Scheduled Commuter Passenger Operations |
By: Salmon, JoAnn Wolters, 208.756.6211
| OST-01-8732 | Served January 26, 2001 | Notice Extending Procedural Date |
Registration of DHL Worldwide Express, Inc. as a Foreign Air Freight Forwarder Pursuant to 14 CFR 297 |
On January 18, 2001, United Parcel Service Co. (UPS) filed a Petition for Review of Staff Action concerning approval of the registration as foreign freight forwarder of DHL Worldwide Express, Inc. UPS accompanied its petition with a Motion to File an Otherwise Unauthorized Document. Answers to the petition are due on January 29, 2001.
On January 25, 2001, DHL Worldwide Express filed a request to extend the answer period for the petition to February 5, 2001, stating that it requires additional time to prepare its answer in light of the broad assertions made by UPS in its petition. The request also stated that UPS, the sole petitioner, does not object to the extension sought.
We believe that it is in the public interest to grant DHL Worldwide Express' request to extend the answer date in this case to February 5, 2001. Due to the pendancy of the date for filing, we are acting without waiting for answers to the request.
By: Susan McDermott
| OST-01-8732 | January 26, 2001 | Motion for Leave to File an Otherwise Unauthorized
Document and Statement in Support of Petition for Review of Staff Action |
Registration of DHL Worldwide Express, Inc. as a Foreign Air Freight Forwarder Pursuant to 14 CFR 297 |
| Exhibit FX-101: Interim Report 1/01- 6/30/00 | |||
| Service List |
The Department should accept review of the staff action and, upon review, it should act to cancel the foreign air freight forwarder registration of DHL Worldwide Express, Inc. Although the staff apparently believed that the generally open competitive regime for U.S. indirect air carriers in Germany justified the grant of DHL-W's application, that analysis failed to consider the insurmountable competitive advantage DHL-W enjoys over U.S. air carriers. The difficulty with DHL-W's application is not just that a wealthy European government is being permitted to compete with a private U.S. air carrier. Rather, FedEx's concern is that Deutsche Post enjoys access to Germany's postal monopoly, the rents from which Deutsche Post is able to divert to DHL's logistics and indirect air carrier operations. Deutsche Post reported that rents from its domestic mail monopoly generated more than 75% of the group's operating profits for the first six months of 2000, and more than a third of its revenues.
As UPS's petition shows, Deutsche Post's ability to use these monopoly rents to cross-subsidize the services in competitive market sectors has been the subject of several government investigations. As UPS noted, the German cartel office has confirmed that "Deutsche Post used state aid to subsidise its corporate parcels delivery service."8 The European Commission currently has these and other unfair competitive practices under investigation.
By: FedEx, Thomas Donaldson, 901.434.8586
U.S.- Turkey Combination Service Third-Country Code-Share Opportunities
| OST-01-8781 | Served January 31, 2001 | Notice |
U.S.- Turkey |
By this notice we invite U.S. certificated air carriers interested in using third-country code-share opportunities in the U.S.-Turkey market to file applications as specified below in the captioned docket.
On May 2, 2000, the United States and Turkey signed an open-skies air transport agreement. ' The agreement includes a three-year transition for the operation of third-country code-share combination services. 2 Effective through March 3 1, 200 1, up to three airlines could serve, operating a total of 21 weekly frequencies; we allocated those opportunities last year among the interested U.S. carriers. Effective April 1, 2001, through March 31, 2002, up to five airlines may serve, operating a combined total of 35 weekly frequencies (an increase of two additional airlines and 14 weekly frequencies). Effective April 1, 2002, through March 31, 2003, up to seven airlines may serve, operating a combined total of 49 weekly frequencies (an increase of two additional airlines and 14 weekly frequencies). Effective April 1, 2003, there will be no restrictions on the operation of third-country code-share combination services.
By this notice we request that all U.S. air carriers interested in using the third-country code-share opportunities available April 1, 2001 to file applications for those services with the Department no later than February 8, 200 1. Answers to such applications should be filed by February 15, 200 1. Replies to answers should be filed by February 20, 2001. We intend to solicit applications from carriers interested in using the 2002 opportunities at a later date.
By: Paul Gretch
International Air Transport Association
| OST-01-8788 | January 26, 2001 | Application for Approval of Agreements |
PTC23 EUR-SEA 0105 |
By: David O'Connor
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