Issued January 30, 2001
Notice
of Action Taken© Copyright 2001 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for January 30, 2001 |
Last Updated 01/31/01 11:13 AM
Applications and Renewals:
Continental - DCA-Los Angeles Beyond Perimeter Slots | Express One International - Worldwide Cargo Authority | IATA
Answers and Replies:
DHL Worldwide - AFL-CIO Support of Petition | DHL/U.S.- Citizenship - Complaint of UPS | Express I - EAS Proposals of Corporate Airlines
Family Assistance Plans | Great Lakes (3)- Letters Regarding Termination of Service | Unfair Exclusionary Conduct - Report
Notices of Action Taken:
Aeromexico | Aero-Zano | Helijet
Notices and Orders:
EAS at Augusta/Waterville/Bar Harbor/Rockland, ME; Keene, NH; and Rutland, VT - Reselecting Carrier | Haines - Reissuing Certificate
Aerovias de Mexico, S.A. de C.V.
| OST-98-4482 | Filed November 22, 2000 Issued January 30, 2001 |
Notice
of Action Taken |
Mexico City- Orlando |
Exemption to permit the applicant to continue to conduct scheduled, combination service between Mexico City, Mexico, and Orlando, Florida.
By: Paul Gretch
| OST-00-8326 | Filed November 15, 2000 Issued January 30, 2001 |
Notice
of Action Taken |
U.S.- Mexico |
Exemption to permit the applicant to continue 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.
By: Paul Gretch
Compliance with U.S. Citizenship Requirements of DHL Airways, Inc.
| OST-01-8824 | January 30, 2001 | Third-Party Complaint of UPS and Request to Commence
Enforcement Proceeding |
Third Party Complint Pursuant to 14 C.F.R.$ 302.404 |
| Service List |
As its basis for this complaint, and to conform to the customary pleading requirements, UPS adopts and incorporates by reference herein the factual, legal and policy statements made by Federal Express Corporation in its Third-Party Complaint filed against DHL-A on January 19, 2001 in Docket OST-2001-8736, and requests the same relief as set forth therein.
U.S. law prohibits non-U.S. citizens from controlling a U.S. air carrier, whether that power resides in debt, equity or personal relationships. Thus it is possible for non-U.S. citizens to have effective control of a U.S. air carrier even if they do not own more than 25% of the voting interest of the U.S. air carrier.' UPS believes that non-U.S, citizens have so much authority over DHL-A that it renders DHL-A to be controlled by non-U.S. citizens, and is thereby in violation of U.S. law.
In addition to the foregoing, UPS notes that it filed with the Department a Petition for Review of Staff Action on January 18, 2001 in Docket OST-2001-8732 asking for reconsideration of a November 16, 2000 staff determination to register DHL Worldwide Express, Inc. as a foreign air freight forwarder under Part 297 of the Department's Economic Regulations. The Petition demonstrates that this staff action effectively authorizes an indirect air carrier ultimately controlled by the German postal monopoly to engage in U.S. domestic indirect air transportation. The ownership and control of DHL-W, as it has evolved through the recent reorganization of DHL-A and DHL-W, is also described in paragraphs 3 - 7 of the FDX complaint incorporated by reference herein. The facts set forth in the Petition, coupled with those set forth in this complaint and the complaint of FDX, clearly show the existence of unfair (i.e., government-subsidized) domestic competition against private U.S. companies.
Despite the recent reorganization, the fact remains that DHL-A and DHL-W are managerially, financially and commercially linked as amply demonstrated in paragraphs 16 – 25 of FDX's complaint. DHL-A has no independence from its non-U.S. controllers and has no reason to exist but to serve the economic interests of its foreign owned and controlled parent. Indeed, Credit Suisse First Boston Corp. has concluded that "DHL Airways would probably not be able to operate as a stand-alone entity." The architect, coordinator and ultimate benefactor of this construct is Deutsche Post, the German Government's monopoly postal service. In paragraphs 27 - 30 of its complaint, FDX recites the factors harmful to U.S. foreign and domestic air transportation and national security policy that arise from permitting DHL-A to continue to be recognized as a U.S. citizen. These arguments are reinforced by the fact that the ultimate parent of DHL-A is a foreign government agency that can use protected monopoly resources to enter and exploit "free" markets, including, is this case, the provision of direct commercial air transportation services between points in the United States.
Counsel: Kelley Drye, David Vaughan, 202.955.9864
| OST-00-7181 | January 30, 2001 | 
Application of Continental
Airlines |
Beyond-Perimeter Slots for Regan National (DCA)- Denver, Colorado (DIA) |
Continental applies for the two beyond-perimeter slot exemptions to provide one nonstop roundtrip a day between Ronald Reagan Washington National Airport and Los Angeles International Airport that were granted toTWA by Order 2000-7-1. TWA’s two Reagan National slot exemptions will revert to the Department when TWA’s assets are acquired by American and other parties orthe current independent TWA otherwise discontinues the service. Since only Continental’s proposed service can provide the same competitive benefits thatcompelled selection of TWA six months ago, the Department should grant Continental’s application immediately and make the slot exemptions effective assoon as TWA discontinues using them.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2500, rbkeiner@cromor.com
Essential Air Service at Augusta/Waterville, Bar Harbor, and Rockland, Maine, and Rutland, Vermont
| Order 01-1-22 OST-97-2784 |
Issued January 29, 2001 Served February 1, 2001 |
Order Tentatively
Reselecting Carrier |
EAS at Augusta/Waterville, Bar Harbor, Rockland, Maine; Keene, New Hampshire; Rutland, Vermont |
By: Susan McDermott
Express I, Inc. d/b/a Northwest Airlink
| OST-00-7855 OST-00-7857 |
January 29, 2001 | Proposals of Corporate
Airlines to provide EAS |
Terminate Air Service Owensboro Davies County Regional Airport |
By: Corporate Airlines, Fred Breeden
| OST-01-8823 | January 30, 2001 | Application
for Certificate of Public Convenience and Necessity |
Air Transportation for Scheduled Foreign Air Transportation and Property and Mail |
Express One requests that it be authorized to fully integrate any authority granted
pursuant to this Application and to integrate any authority granted with this application with any authority it already holds pursuant to Order 95-8-27, including that granting operating rights on Route 650 to Jamaica and Grand Cayman.Express One applies for this authority to give itself as broad international authority as
possible so that Express One can deliver its cargo services to any commercial opportunity where it develops throughout the world. The grant of this authority will reduce the need for the Department to process exemption authorities on a case-by-case basis. Express One has attempted in applying for the authorities set forth in this Application to exclude countries that have limitations on scheduled cargo operations through restrictive bilateral or lack of reciprocity.Express One does not anticipate any change in its fleet mix or other operations as the
result of the grant of this authority that would constitute a "substantial change in operations" as defined in Part 204 of the Department’s regulations.Counsel: Dow Lohnes, Jonathan Hill, 202.776.2000
| OST-98-3304 | January 29, 2001 | Spanair's:
Amended Family Assistance Plan |
Foreign Air Carrier Plans to Address Needs of Families of Victims of Aircraft Accidents |
By: Hallinan Camche, Joel Camche
| OST-00-8321 | January 26, 2001 | Letter
of Great Lakes Aviation, Ltd
Regarding its 90-day Notice to Terminate Scheduled Service at Yankton,
South Dakota |
90-Day Notice to Terminate Service at Yankton, South Dakota |
By: Great Lakes Aviation, Dick Fontaine
| OST-00-8321 | January 26, 2001 | Objection of the City of Yankton to Notice of
Termination of Scheduled Service |
90-Day Notice to Terminate Service at Yankton, South Dakota |
By: City of Yankton, Eric Swanson
| OST-00-8321 | January 26, 2001 | Comments
of the Yankton Area Chamber of
Commerce |
90-Day Notice to Terminate Service at Yankton, South Dakota |
By: Yankton Area Chamber of Commerce, Jake Hoffner
Haines Airways Inc. d/b/a Alaska Coastal Airlines LLC
| Order 01-1-23 OST-01-8727 |
Issued January 30, 2001 Served January 30, 2001 |
Order Reissuing
Certificate |
Name Change of Haines Airways to Alaska Coastal Airlines |
By: Randall Bennett
| OST-99-6679 | Filed January 12, 2001 Issued January 30, 2001 |
Notice
of Action Taken |
U.S.- Canada |
Exemption to permit the applicant to continue to conduct, using small equipment: 1) scheduled, combination services between any point or points in Canada and any point or points in the United States; and 2) charter operations between Canada and the United States, and other charters.
By: Paul Gretch
Policy Statement Regarding Unfair Exclusionary Practices
| OST-98-3713 | January 30, 2001 *Originally Released on 1/16/01 as Part of Competition Policy Documents |
Administration's
Report on the Findings and Conclusions of their Investigation of Unfair
Exclusionary Conduct in the Air Transportation Industry |
Policy Statement Regarding Unfair Exclusionary Practices - Statement of Enforcement Policy Regarding Unfair Exclusionary Conduct |
By: Randall Bennett
| OST-01-8732 | January 30, 2001 | The Transportation Trades Department, AFL- CIO
Answer in Support of UPS's 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 |
| Attachments: Affiliates, Foreign Postal Services Threaten U.S.- Jobs | |||
| Service List |
The Transportation Trades Department, AFL-CIO hereby answers the Petition for Review by United Parcel Service Co., pursuant to Section 385.3 l(e) of the Procedural Rules of the Department of Transportation. UPS has petitioned for a review of the action taken by the staff of the Department in granting DHL Worldwide Express, Inc. authority to operate as a foreign air freight forwarder pursuant to Part 297 of the Department's regulations. For the reasons explained below, TTD supports the position taken by UPS that it is inappropriate, given the unique policy issues raised by this application, to allow DHL-W to operate as a foreign air freight forwarder and we therefore request that the authority granted to the company be revoked.
Counsel: Transportation Trades Department, Edward Wytkind
International Air Transport Association
| OST-01-8810 | January 30, 2001 | Application for Approval of Agreements |
PTC12 USA-EUR Fares 0053 |
By: David O'Connor
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© Copyright 2001 Airline Information Research, Inc. All rights reserved.