Application
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OST Docket Filings for January 29, 2001 |
Last Updated 01/30/01 02:11 PM
Applications and Renewals:
Aeropycsa - U.S.- Mexico | Delta - DCA-Salt Lake City | IATA | U.S.- Israel Third-Country Codeshare (3)- American/Northwest/United
Answers and Replies:
Alaska Mail Rates - Response of DOT | DHL Worldwide - Trucking Assoc Comments
Express I (3)- Letters Regarding Termination of Service | Wendell Ford (2)- Certification of ACJ/Spirit | U.S.- Brazil - Letters in Support
Notices of Action Taken:
Northwest - Ghana | United/British Midland
Notices and Orders:
IATA | Skywest - Requesting Proposals | United/Austrian/Lauda/Lufthansa/SAS - Antitrust Immunity
| OST-96-1847 | January 29, 2001 | Application
for Renewal of Exemption |
U.S.- Mexico Charters |
| Appendix 1: International Air Taxi Permit | |||
| Appendix 2: Certificate of Insurance |
Counsel: Manatt Phelps, Irwin Altschuler, 202.463.4300
| OST-00-7181 | January 29, 2001 | Application for Slot Exemptions
|
Beyond Perimeter Slot Exemptions - Washington, DC National-Salt Lake City |
| Exhibits DL-101 through DL-119: Service Proposal | |||
| Exhibits DL-120 through 121: Business and Congressional Support | |||
| Service List |
On January 23, 2001, in response to the announced plan of American Airlines, Inc. to acquire substantially all of the assets of Trans World Airlines, Inc. , the Department issued a letter stating unequivocally that TWA's beyond-perimeter DCA slot exemptions could not be transferred as part of any such asset sale: ... the statute does not allow the Department to consider these exemptions transferable or conveyable to American. Were Trans World to cease to utilize these slot exemptions for the approved service to Los Angeles, the statute requires that they be immediately recalled by the Department.
While there are hundreds of within-perimeter slots being operated at DCA, there are only twelve slot exemptions available for outside perimeter service -- enough for only six daily roundtrip flights. These exemptions are therefore very limited and very valuable, and the Department should act to ensure that these beyond-perimeter slot exemptions are continually employed for their highest and best use.
Delta proposes to operate one daily nonstop roundtrip flight between DCA and SLC with Boeing 757 aircraft with 183 seats configured for two-class service.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Express I, Inc. d/b/a Northwest Airlink
| OST-00-7855 | January 26, 2001 | Letters
Regarding Termination of Service |
Terminate Air Service Owensboro Davies County Regional Airport |
By: John Jones
| OST-00-7855 | January 26, 2001 | Letter
of Wendell Ford Regarding Termination of Service at Owensboro |
Terminate Air Service Owensboro Davies County Regional Airport |
By: U.S. Senate, Wendell Ford
| OST-00-7855 | January 26, 2001 | Objection
of the Owensboro-Davies County Regional Airport Board to the
Ninety Day Notice to Terminate |
Terminate Air Service Owensboro Davies County Regional Airport |
By: Owensboro-Davies County Regional Airport Board, Mayor Waymond Morris
Intra-Alaska Class Service Mail Rates
| OST-95-405 OST-95-429 |
January 29, 20001 | U.S. DOT/OST: Response to Elizabeth Curtis |
80-11-12 Intra- Alaska Class Service Mail Rates (Vol. 1-4) |
By: John Coleman
Northwest Airlines, Inc./U.S.-Ghana Code Share Combination Service
| OST-00-7149 | Filed December 21, 2001 Issued January 29, 2001 |
Notice of Action Taken |
U.S.- Ghana |
Under the U.S.-Ghana agreement, U.S. carriers currently may operate 17 weekly third-country code-share frequencies between the United States and Ghana. Northwest has been allocated some of these frequencies for its U.S.-Ghana services. Northwest now seeks an allocation of two additional Ghana frequencies to expand its code-share service via Amsterdam with its partner KLM.
An additional five weekly frequencies become available on April 1, 2001. See Notice of Action Taken dated July 13, 2000, Docket OST-2000-7149. Three of the frequencies allocated for Northwest services by that action have since reverted automatically to the Department for reallocation under the dormancy conditions attached to Northwest's authority. In addition, by that same July 13, 2000 action, we granted United two weekly frequencies to serve the market via Frankfurt with its code-share partner, Lufthansa. United is currently using its allocated frequencies. We deferred action on American Airlines' request to serve this market with its proposed code-share partner, British Airways, pending Department action on the underlying code-share arrangement between American and British Airways in Docket OST-99-6507.
As a result of our action here, Northwest holds seven Ghana frequencies and United holds two, meaning that eight frequencies remain available for U.S.-Ghana services.
By: Paul Gretch
| OST-01-8732 | January 29, 2001 | Comments of American Trucking Association in
Support of Petition for Review of Staff Action and Motion to File an
Otherwise Unauthorized Document |
Registration of DHL Worldwide Express, Inc. as a Foreign Air Freight Forwarder Pursuant to 14 CFR 297 |
| Services List |
The entry provided by the foreign air freight forwarder license into the United States trucking industry by a German government monopoly which is capable of abusing its monopoly and government privileges, presents unacceptable risks to the 9.7 million jobs employed in our industry. Of the more than 500,000 interstate motor carriers in the U.S., 80 percent operate 20 or fewer trucks. These small businessmen and women operate on the narrowest of profit margins, as was evidenced by the effect of recent fuel price spikes. Their businesses, and those they employ, should not be jeopardized by the harm that could follow the action taken by the DOT staff in granting DHL-W authority to operate as a foreign air freight forwarder pursuant to Part 297 of the DOT regulations.
Counsel: American Trucking Association, Beth Law
| Order 01-1-20 OST-95-361 |
Issued January 29, 2001 Served February 1, 2001 |
Order Requesting
Proposal |
Terminate Service at Ely, Nevada, Moab, Vernal and Cedar City, Utah and Page, Arizona |
| Attachments: Historical Traffic, Map, Service List |
By: Randall Bennett
| Order 01-01-19 OST-00-7828 |
Issued January 26, 2001 Served January 26, 2001 Was Not Released to Public on 1/26 |
Order Granting Approval and Antitrust Immunity for Alliance Agreement |
Approval and Antitrust Immunity for an Alliance Expansion Agreement and an Amended Coordination Agreement |
We find that the Alliance Agreements should not substantially reduce competition in the U.S.Europe market. During the 12 months ended March 2000, the data show that the U.S. -Europe nonstop passenger market share for the United-Lufthansa-SAS immunized alliance was 17.8 percent. The proposed alliance nonstop passenger market share (including Austrian, 0.7 percent; and Lauda 0.2 percent) was 18.7 percent. In contrast, the American- Swissair- Sabena immunized alliance had a 13.4 percent nonstop passenger market share; and the Northwest-KLM-Alitalia immunized alliance had an 11. 5 percent nonstop passenger market share. British Airways had a 13.6 percent nonstop passenger market share.
We have determined that the U.S.-Europe market is highly competitive. Eight U.S. airlines provide scheduled passenger service in this market from their hubs, either individually or in conjunction with an existing alliance. Among these U.S. airlines, Delta Air Lines (8.9 percent), Continental Airlines (6.1 percent), US Airways (2.6 percent), and Trans World Airlines (1.4 percent) had a combined nonstop passenger market share of 19 percent. The U.S.-Europe market is also served by more than thirty other foreign airlines, principally from hubs in their homelands.
Another competitive issue concerns ownership interests that the Joint Applicants have in competing CRSs. Except SAS, the Joint Applicants have ownership and marketing ties with Amadeus and Galileo, competing CRS firms. Therefore, as with the Delta Air Lines-Austrian Sabena-Swissair arrangement (See Order 96-5-26 at 31-32) and the American Airlines-SabenaSwissair arrangement (See Order 2000-4-22 at 18), the proposed integration of marketing operations of the Joint Applicants presents a risk that CRS competition may be reduced. In view of these factors, we find that any grant of antitrust immunity for the Alliance Agreements should exclude the Joint Applicants' CRS interests and operations. We note that the Joint Applicants recognize that immunity will not extend to the Joint Applicants' management of any interest they may have in individual CRSs.
By: Susan McDermott
United Air Lines, Inc. and British Midland Airways Ltd.
| OST-00-6842 OST-00-6954 |
January 29, 2001 | Notice
of Action Taken |
U.S.- U.K.- Code Sharing |
By: Paul Gretch
The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
| OST-00-7176 | January 29, 2001 | Certification
of Spirit Airlines |
LaGuardia Slots |
| Attachments: Markets Served | |||
| Service List |
Counsel: PA Consulting, Anita Mosner, 703.312.1446
| OST-00-7175 | January 29, 2001 | Certification of Atlantic Coast Airlines |
LaGuardia Slots |
| Attachments: Certification | |||
| Service List |
Intends to utilize five daily slot exemptions at New York LaGuardia Airport ("LaGuardia") to operate daily roundtrip flights between LaGuardia, on the one hand, and Savannah, Georgia and Birmingham, Alabama, on the other hand. These flights will be conducted by ACA pursuant to a wet lease agreement with Atlantic Coast Jet, Inc., which, in turn, operates a--LaGuardia as a Delta Connection carrier.
Counsel: Silverberg Goldman, Robert Silverberg, 202.944.3300
In the Matter of U.S.- Brazil All- Cargo Frequencies
| OST-00-7559 | January 29, 2001 | Re: Letters in Support |
U.S.- Brazil |
| Attachments: Letters in Support |
Counsel: Zuckert Scoutt, Jol Silversmith, 202.298.8660
U.S.- Israel Third-Country Codeshare Opportunities (2001)
| OST-01-8726 | January 29, 2001 | Application of American Airlines for Third-Country
Code-Share Opportunity |
U.S.- Israel Third Country Codeshare |
| Exhibits AA1-4: Schedule, Equipment, Compliance Statement | |||
| Service List |
Swissair is Ameri-can's foreign codeshare partner for service to Israel. Ser-vice will be provided via Zurich, Switzerland. Swissair will operate between Zurich and Tel Aviv. American will operate between Zurich, on the one hand, and Chicago (peak season) and Dallas/Ft. Worth, on the other. Swissair will operate between Zurich, on the one hand, and Atlanta, Boston, Chicago, Los Angeles, Miami, New York (JFK), Newark, San Francisco, and Washington (Dulles), on the other.
Swissair operates two daily frequencies between Zurich and Tel Aviv. American and Swissair operate 14 daily peak season frequencies between U.S. gateways and Zurich.
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com
| OST-01-8726 | January 29, 2001 | Application of Northwest Airlines for Third-Country
Code-Share Opportunity |
U.S.- Israel Third Country Codeshare |
| Exhibits NW1-3: U.S.- Tel Aviv Service | |||
| Service List |
Northwest hereby applies for one of the two immediately available opportunities under Phase 1. In the alternative, Northwest applies for the third authorization under Phase 2, and requests that it be permitted to operate its code-share services immediately. Northwest also requests a designation to provide scheduled combination service to Israel.
Northwest intends to provide daily-plus-one nonstop-to-nonstop connecting service between Tel Aviv and 14 U.S. points on a code-share basis via Amsterdam. Based on current schedules, Northwest intends to place its "NW" designator code on eight (8) weekly nonstop flights operated by KLM between Amsterdam and Tel Aviv in each direction.
KLM currently is limited to 8 weekly frequencies under the terms of the Netherlands- IsraeI bilateral aviation agreement. KLM, however, has a strong interest in increasing Its Amsterdam-Tel Aviv service to fourteen weekly frequencies as soon as possible.
Northwest's proposal will provide travelers and shippers throughout the United States with convenient online connections to daily U.S.-flag departures to and from Tel Aviv. Northwest offers an extensive domestic route system and 14 geographically dispersed U.S. gateways to Amsterdam (Atlanta, Boston, Chicago, Detroit, Houston, JFK, Los Angeles, Newark, Washington (Dulles), Memphis, Miami, Minneapolis, San Francisco and Seattle) providing passengers and shippers throughout the United States with seamless online service to Israel.
Counsel: Zuckert Scoutt, Charles Simpson, 202.298.8660, cjsimpson@zsrlaw.com
| OST-01-8726 | January 29, 2001 | Application of United Air Lines |
U.S.- Israel Third Country Codeshare |
| Exhibits UA-1-10: Daily Frequencies; Summer Schedules | |||
| Exhibits UA11- 17: Summer Schedules; Fleet Used | |||
| Service List |
United and Lufthansa propose to offer code-share service between a total of 15 U.S. gateways and Tel Aviv, Israel, via Frankfurt and Munich, Germany. Those 15 U.S. gateways are: Atlanta, Boston, Chicago, Dallas/Fort Worth, Denver, 3 Detroit, Houston, Los Angeles, Miami, New York (EWR), New York (JFK), Philadelphia, Phoenix,' San Francisco, and Washington (IAD).
United hereby requests that it be designated one of the two opportunities that are available immediately. United intends to use this authority to offer scheduled foreign air transportation of persons, property and mail between the U.S. and Israel, via Frankfurt and Munich, Germany, pursuant to United's code-sharing relationship with Lufthansa. Under these operations, United would place its "UA" designator code on Lufthansa flights operated between Frankfurt and Munich, on the one hand, and Tel Aviv, on the other.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
International Air Transport Association
| Order 01-1-21 OST-98-4456 |
Issued January 26, 2001 Served February 1, 2001 |
Order |
PSC/Reso/093 |
By: Paul Gretch
| OST-01-8789 | January 29, 2001 | Application
for Approval of Agreements |
PTC23 EUR-SASC 0074 |
By: David O'Connor
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