Application for a Renewal of Exemption© Copyright 2001 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for January 31, 2001 |
Last Updated 02/01/01 11:24 AM
Applications and Renewals:
Aero Laguna - U.S.- Mexico Taxi Renewal | Aeronaves - U.S.- Mexico Taxi Renewal | IATA (2)
Answers and Replies:
American/Swissair - Additional Codeshare | Commutair - Letter in Support | DHL Worldwide - Answer of Teamsters
Hong Kong All-Cargo (5)- Supplements of Evergreen/FedEx/Gemini/Northwest/UPS | SAP - Response to Information Request (Dominican)
Thai Airways - Code-Share Compliance Statement | Wendell Ford (3)- Letter from McDermott/Certifications of Legend/Spirit
U.S.- Brazil All-Cargo (2)- Letter in Support/Motion of Atlas for Expedited Action
Notices of Action Taken:
None
Notices and Orders:
None
| OST-99-5900 | January 31, 2001 | Application for a Renewal of Exemption |
U.S.- Mexico |
Counsel: U.S. Representative, Daniel Elizondo, 210.9272.2581
| OST-99-5804 | Dated January 12, 2001 Docketed January 31, 2001 |
Application for a Renewal of Exemption |
U.S.- Mexico |
Counsel: U.S. Representative, Daniel Elizondo, 210.9272.2581
American Airlines, Inc. and Swissair, Swiss Air Transport Company Ltd.
| OST-99-5944 | January 31, 2001 | Notice of Additional Code-Sharing Services |
Blanket Statements of Authorization to Engage in
Reciprocal Code-Sharing Services |
| Service List |
Swissair, Swissair Transport Company, Ltd. pursuant to condition (2) of Department Action OST-99-5944, hereby gives notice that on March 1, 2001 or within 15 days after all governmental authorities are received, whichever is later, Swissair will commence display of the “AA” designator code on flights operated by Swissair between Zurich and Tel Aviv.
Counsel: Steptoe Johnson, William Karas, 202-429-6223
| OST-00-7556 | January 31, 2001 | Letter
of State of New York Department
of Transportation in Support of Utica/Rome and JFK
International Airport Service |
Termination of Service at Oneida County Airport |
The New York State Department of Transportation would like to submit this letter of support for the proposal for air service between Utica/Rome and JFK International Airport. The letter is intended to express support for the service to JFK, or any other Port Authority of New York and New Jersey airport in the New York City metropolitan area, regardless of the carrier providing the service. We are aware that, at this point, Commutair (d.b.a. Continental Connection) is proposing to serve this route if it obtains federal Essential Air Service (EAS) program support. Even though JFK does not offer the same connection possibilities that exist at Newark or LaGuardia airports, the service to JFK airport would offer Utica travelers access to a major hub with excellent service to the rest of the nation and to international destinations.
The community of Utica/Rome has strongly indicated that service to the New York City metropolitan area would be preferable over the current service to Boston via Syracuse. The NYSDOT agrees that this is a more logical route for the Utica market. A recent survey by the local Chamber of Commerce found that New York City was the top destination for local travelers.
By: State of New York Department of Transportation, Joseph Boardman
Hong Kong Fifth Freedom All- Cargo Proceeding
No Filing Received from Polar Air Cargo
| OST-95-764 | January 31, 2001 | Supplement to Application of Evergreen International
Airlines |
Hong Kong- Manila |
| Service List |
Evergreen applied for these frequencies on December 14, 2000. Evergreen stated in its application that it would use them to provide three weekly flights between Hong Kong and Seoul, two major Asian traffic-generating points in Asia that Evergreen currently serves, albeit without fifth freedom Hong Kong traffic rights.
Evergreen's initial service pattern would operate on the following routings: SFO-ANC-SEL-HKG-SEL-ANC-SFO (twice weekly) and JFK- LCK (Columbus, OH)-ANC-SEL-HKG-SEL-ANC-LCK-JFK (once weekly)
Anchorage would be a technical stop only on both routings. These flights would be operated in addition to (i.e., would not replace) the three weekly flights Evergreen currently operates between the United States and Seoul. Evergreen might adjust the number of flights on one routing versus the other on a seasonal basis, but will maintain a total of three flights throughout the year.
Evergreen will utilize B-747-200 and B-747-100 (heavy model) aircraft currently in its fleet for each leg of its service.
Evergreen already serves both Hong Kong and Seoul, the former with daily B-747 freighter service, on an annualized basis, and the latter with three weekly B-747 freighter flights. (The three flights proposed here would be in addition to the three existing Evergreen U.S./Seoul flights, which are operated in conjunction with Asiana.) Thus, Evergreen has an established presence in these markets and a familiarity with them. Hong Kong is in fact Evergreen's Asian hub. Evergreen flows traffic to Hong Kong from Taipei, Jakarta, Singapore, and Bangkok for onward carriage to its terminal/distribution facilities at San Francisco, Columbus, and JFK. While Evergreen thus has solid experience competing against the Asian cargo specialists and has succeeded in establishing a strong market presence in the Asian market, an award of these Hong Kong frequencies would dramatically enhance the utility of its Hong Kong hub operation and strengthen its competitive posture against the Asian carriers.
Counsel: Steptoe Johnson, David Coburn, 202.429.3000, dcoburn@steptoe.com
| OST-95-764 | January 31, 2001 | Supplement No.1 to Application of Federal Express
Corporation for Grant of a Frequency Allocation |
Hong Kong- Manila |
| Service List |
Federal Express Corporation hereby submits this Supplement No. 1 to its December 14, 2000 application for an allocation of one (1) additional weekly Hong Kong Fifth Freedom all-cargo frequency for use on its U.S.-Hong Kong-Manila services.
Federal Express will utilize the requested frequency to operate all-cargo service carrying Hong Kong fifth-freedom traffic between Hong Kong and Manila, Philippines, and beyond. That new service will be operated in addition to the existing five-day-a-week service operated by Federal Express between Hong Kong and Federal Express' major Asia/Pacific hub at Subic Bay in the Philippines. Federal Express serves Anchorage as the last point of departure and the first point of arrival (served as a traffic stop) on virtually every flight operated by Federal Express between the U.S. and Hong Kong.
Federal Express requests one (1) additional Hong Kong frequency, for a total allocation of six (6) weekly frequencies. Federal Express will utilize all six frequencies to provide round trip flights to and from Hong Kong on a year-round basis, with no seasonal variation.
Federal Express will utilize the 170,000-pound payload MD-11 freighter aircraft in its operations between Anchorage and Hong Kong, and between Hong Kong and points in the Philippines. As of November 30, 2000, Federal Express owned and leased a total of 31 MD-11 aircraft, as a part of its total fleet of 358 transport category freighter aircraft. Beyond the Philippines, Federal Express will utilize the MD-11 and various other aircraft types from its existing aircraft fleet to transport fifth-freedom cargo traffic between Hong Kong and points throughout the worldwide system served by Federal Express.
Counsel: Shaw Pittman, Nathaniel Breed, 202.663.8078
Gemini Air Cargo, Inc. hereby applies for allocation of the three round-trip fifth freedom all-cargo frequencies that are available under the Memorandum of Understanding between the United States and Hong Kong. Gemini also requests that the Department select Bangkok, Thailand as the beyond point in order for Gemini to provide fifth freedom service between Hong Kong and Bangkok as part of new round-the-world all-cargo service utilizing Gemini’s DC-10-30F and MD-11F aircraft.
Gemini also applies for an exemption from 49 U.S.C. § 41101 in order to operate scheduled all-cargo service between points in the United States and points in Thailand via intermediate points. Gemini requests that this exemption authority be integrated with its authority to operate to destinations specified under its existing certificate and exemptions. Gemini also requests that the department allocate to Gemini three fifth freedom frequencies per week pursuant to Article II of the Memorandum of Understanding of May 8, 1996, between the United States and Thailand.
Within 90 days of its receipt of the authority requested herein, Gemini will introduce service three times per week, year-round, on an eastbound Los Angeles - New York - Brussels - Abu Dhabi - Delhi - Bangkok - Hong Kong - Guam - Honolulu - Los Angeles route.1 Within four to six months thereafter Gemini will commence operations on the same route three times per week, year-round, in the westbound direction, originating and terminating in Los Angeles. The last point of departure from the U.S. to be served as a traffic stop on the eastbound routing is New York. The last point of departure from the U.S. to be served as a traffic stop on the westbound routing is Guam. Gemini will use its current fleet of 11 DC-10-30F and three MD-11F aircraft to operate the service. Gemini plans to take delivery of its fourth MD-11F aircraft very shortly, as soon as it completes its conversion program. The payload capacity is 165,000 pounds for the DC-10-30F and 205,000 pounds for the MD-11F.
Counsel: Roller Bauer, Moffet Roller, 202.331.3300, mroller@rollerbauer.com
| OST-95-764 | January 31, 2001 | Supplement to Application of Northwest Airlines |
Hong Kong- Manila |
| Service List |
Hereby files this supplement to its application filed on December 14, 2000 for three weekly Hong Kong fifth freedom all-cargo frequencies. Northwest will operate the three weekly roundtrip frequencies on a year-round basis on the following route: Anchorage - Seoul Korea - Hong Kong - Seoul Korea – Anchorage. Anchorage will be the last point of departure from the United States served as a traffic point. Northwest service to and from Anchorage will connect with Northwest cargo service to and from New York (JFK), Chicago, Los Angeles and San Francisco.
Northwest will utilize the three fifth freedom frequencies operating B747-200 nose-loading freighters with a maximum payload capacity of 120 tons. The freighters are currently a part of Northwest's cargo fleet.
Counsel: Northwest, Megan Rae Rosia, 202.842.3193
| OST-95-764 | January 31, 2001 | Supplement No.1 to Application of United Parcel Service |
Hong Kong- Manila |
| Service List |
UPS will commence the proposed service immediately upon receipt of the award herein. Because UPS is already operating aircraft between Hong Kong and Manila, the market for which the new service is proposed herein, and because UPS has employees, facilities and a mature distribution network in-place, there will be no "start-up" in the traditional sense of that term.
UPS proposes to utilize the fifth freedom rights in the Hong Kong-Manila market. The last U.S. point to be served will be Anchorage, Alaska. UPS is applying for all three available frequencies, and, because of the nature of its operation, UPS will be able to convert the three frequencies into four in accordance with the terms of the Memorandum of Understanding between the United States and Hong Kong.
Specifically, the Memorandum of Understanding, dated November 29, 1995 provides, on U.S. Route 2, that one of the frequencies may be converted into two if "operated by aircraft with a capacity of less than 50 tonnes operated to and from [U.S. gateway points] not in the continental United States." UPS will be able to take advantage of this expansion provision, and convert the three available frequencies into four, by operating four days per week between Anchorage and Hong Kong with a B-767 (which has a capacity of less than 50 tonnes over that leg) which will be extended to Manila two days per week, and two days per week on the Hong Kong-Manila leg with a B-757, the latter aircraft having a capacity of less than 50 tonnes. Because the B-767 meets the capacity restriction and serves a point, Anchorage, "not in the continental United States," this four frequency proposal is fully consistent with the requirements of the MOU and should be considered as such by the Department.
While UPS is confident that its proposal properly meets the bilateral requirements for converting the three available frequencies into four, UPS, in the alternative would be willing to utilize three weekly frequencies, operating B-767 aircraft over a Manila-Hong Kong-Anchorage and return routing, if required. The evidence will demonstrate that the UPS three frequency alternative proposal is also superior to any put forth by the other applicants.
Counsel: Kelley Drye, David Vaughan, 202.955.9864, dvaughan@kelleydrye.com
| OST-01-8732 | January 30, 2001 | Answer of the International
Brotherhood of Teamsters in Support of the Petition of UPS
for Review of Staff Action and Motion to File and Otherwise Unauthorized
Document |
Registration of DHL Worldwide Express, Inc. as a Foreign Air Freight Forwarder Pursuant to 14 CFR 297 |
Counsel: International Brotherhood of Teamsters, Gary Witlen
Servicios Aereos Profesionales, Inc.
| OST-00-6978 OST-00-6979 |
January 31, 2001 | Response
to Information Request |
U.S.- Dominican Republic |
| Certification | |||
| Exhibit List | |||
| Exhibits 1-4: Resumes | |||
| Exhibits 5-10: Financials | |||
| Exhibits 11-13: Letters, Judgments | |||
| Service List |
SAP is currently operating charter Rights between San Juan and various other locations, primarily Santo Domingo. The average number of flights for the San Juan-Santo Domingo route is 20 per month. Flights to other locations, including Jamaica, Canctin, Guadaloupe, and Sanford, Florida average approximately 12 flights per month. This is the only aviation service or business that SAP conducts.
SAP intends to utilize all of the Beechcraft 1900 aircraft in its proposed scheduled operations. The EMB 120 may be utilized at a later date in scheduled operations.
SAP has maintained its principal base of operations in the Dominican Republic for a number of reasons. The primary reason is the availability of qualified pilots and maintenance personnel. Additionally, the maintenance facilities in the Dominican Republic have proven to be excellent. There are no concrete plans to move the company's principal base of operations at this time. However, this may change depending on the company's ability to grow with scheduled service.
By: Yodice Associates, Raymond Speciale, 301.695.2375
Thai Airways International Public Company LTD
| OST-00-7124 | January 31, 2001 | Re: International Code-Share Compliance Statement |
Code-Share with United; Bangkok, Thailand and Vietnam |
| Attachment: International Code-Share Compliance Statement | |||
| Service List |
Please find enclosed for filing in the above-captioned docket a copy of United's International Code-Share Compliance Statement for Thai Airways. See DOT/FAA Code-Share Safety Program Guidelines, February 29, 2000, at 9. A copy of this document has been furnished to the FAA.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6000, jmanley@wilmer.com
The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
| OST-00-7181 | January 31, 2001 | Letter
form Susan E. McDermott Regarding American
Airlines Acquisition of Trans World Airlines Assets |
Beyond- Perimeter Slot Exemptions at Reagan Washington National |
This is in regard to both the recent Chapter I I filing by Trans World Airlines and the proposal whereby American Airlines would acquire substantially all of Trans World's assets. We hope that the information below will facilitate your planning for this proposed transaction.
As you may remember, by Order 2000-7-1, issued July 5, 2000, the Department awarded two slot exemptions at Ronald Reagan Washington National Airport (DCA) to Trans World to provide one round trip a day between DCA and Los Angeles. The award was made to Trans World over competing applications from various other carriers, in accordance with Congressionally-mandated criteria including necessary findings of domestic network benefits and an increase in competition by new entrant air carriers or in multiple markets. See 49 U.S.C. 41718(a). The order also states at page 25, "Under the provisions of 49 U.S.C. § 417140) these carriers may not sell, trade, transfer, or convey the operating authorities granted by the subject exemptions unless otherwise authorized herein."
As you can see, 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. Of course, in such an event, American Airlines would be eligible to apply for these slot exemptions in the same manner that it requested consideration in Docket 2000-7181.
Counsel: Susan McDermott
| OST-00-7176 | January 31, 2001 | Certification of Legend Airlines |
LaGuardia Slots |
| Service List |
Legend will operate between Dallas Love Field and LaGuardia.
Counsel: Legend Airlines, T. Allan McArtor, 214.358.8200
| OST-00-7176 | January 31, 2001 | Revised Certification of Spirit Airlines |
LaGuardia Slots |
| Attachments: Markets Served | |||
| Service List |
On January 29, Spirit Airlines submitted a Certification concerning its use of slots at New York's LaGuardia Airport ("LGA"). Spirit misidentified certain of the slots it received in the lottery for LGA slots held on December 4, 2001. Accordingly, Spirit has attached a Revised Attachment 1, which sets forth the slots Spirit wishes to certify, and the markets for which those slots will be used.
Counsel: PA Consulting, Anita Mosner, 703.312.1446
In the Matter of U.S.- Brazil All- Cargo Frequencies
| OST-00-7559 | January 30, 2001 | Re:
Houston Air Cargo Association in Support of Evergreen
International Airlines |
U.S.- Brazil |
Counsel: Houston Air Cargo Association, Julian Green
| OST-00-7559 | January 31, 2001 | Motion of Atlas Air for Expedited Action |
U.S.- Brazil |
| Service List |
Early this month, Atlas and the other two applicants for Brazil all-cargo authority completed their written presentations to the Department, where the matter is now awaiting decision. Events in the last few weeks have created a pressing need for completion of the proceeding.
During January, it became apparent that the supply of U.S.-Brazil cargo charter frequencies is dwindling rapidly. By Notice dated January 25, 2001, the Department declared that the charter pool is insufficient to meet the demand for services during the remaining five months of the charter year and that it will take "special measures" to limit frequency usage. It also stated that the U.S. government had requested additional charters from the Government of Brazil.
As of today, most of the 246 frequencies in the 2000-01 unassigned cargo char-ter pool! already have been used. Yesterday, the Department announced that 46 more can be used in February (23 by Atlas, 20 by Gemini and 3 by UPS). Only 84 frequencies are currently available for March - June, the remaining four months of the 2000-01 charter year. With access to only 21 charter frequencies per month, on average, U.S. airlines will not even come close to meeting anticipated shipper demand. While this may have consequences for several airlines and their customers, the impact on Atlas and its customers will be particularly severe. This is so for the simple reason that Atlas is by far the largest U.S. airline participant in the U.S. -Brazil cargo charter market and already has used up its 2000-01 advance allocation. In calendar year 2000, Atlas operated 395 U.S.-Brazil charters, or more than seven per week, on average. In the first half of the 2000-01 charter year, Atlas operated 213 charters (including all 209 from its advance allocation), or more than eight per week, on average.
Atlas recently advised the Department that it anticipates demand for 40 charters in February but, because of overall frequency constraints, has been limited to 23. Assuming that customers for approximately 17 B747-20OF Atlas flights will be unable to be accommodated, the movement of roughly 3.6 million pounds of freight will be disrupted next month. If anything, the situation is likely to worsen. For March - June, Atlas estimates demand from its customers for 170 flights (40 per month in March, April and June and 50 in May). This anticipated demand, by Atlas customers alone, is more than double the 84 frequencies available for use by all U.S. airlines. It would appear that Gemini and its customers, too, will face a shortage of air cargo lift.
The upshot is that the situation is dire. There is an urgent need for the Department to take pressure off the current demand for frequency-constrained cargo charter services by completing this proceeding and awarding one of the applicants the unused fourth U.S.-Brazil scheduled all-cargo designation and related scheduled frequencies. Unless the Department acts promptly, there will be serious disruption of U.S. air freight shipments to Brazil.
Counsel: Verner Liipfert, William Evans, 202.371.6000
International Air Transport Association
| OST-01-8837 | January 31, 2001 | Application for Approval of Agreements |
PTC3 0464 |
By: David O'Connor
| OST-01-8838 | January 31, 2001 | Application for Approval of Agreements |
PTC3 0471 |
By: David O'Connor
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