OST Filings for February 1, 2001

By this exemption request, Aeromexico seeks authority to engage in scheduled foreign air transportation of persons, property and mail between Morelia, Mexico, and Los Angeles, California. The service initially is expected to consist of three weekly round trips on Wednesdays Fridays and Sundays, operated with MD-80 aircraft. Compania Mexicana de Aviacion, S.A. de C.V., currently operates nonstop service in the market so that Aeromexico's proposed service will provide significant competitive benefits for U.S.-Mexico passengers and shippers and is consistent with the public interest.

Counsel: Verner Liipfert, William Evans, 202.371.6030

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America West Airlines, Inc.

OST-00-7176	February 1, 2001	Application for Exemption	New York, LaGuardia- Phoenix, Arizona (PHX) and Las Vegas, Nevada (LAS)
		Exhibits A-H: Proposed Schedule, Fares, Service, Competition
		Service List

Since deregulation, America West's competitive fares have reduced the cost of air transportation in markets where it has been allowed to compete. However, at LaGuardia, fares in major Western markets remain high as a result of a rule that has long outlived its intended purpose. Such an anticompetitive rule should not remain in effect in perpetuity, particularly where its anticompetitive impact has long been recognized. Today, it is clearly in the public interest, indeed essential, to put America West on a more level playing field with the pre-deregulation incumbents by authorizing service between its hubs and LaGuardia despite the Port Authority's local perimeter rule.

Whatever grounds the Port Authority may have had for establishing the perimeter rule at LaGuardia, there is no justification for continuing to deny America West the ability to operate the pro-competitive services it proposes. America West's proposal to operate competitive service between LaGuardia and its hubs wich provide more effective competition to the incumbents at LaGuardia and make more efficient use of airspace and LaGuardia's limited capacity than much of the new regional jet service proposed by affiliates of entrenched incumbent carriers. The grant of this application will automatically exempt the service from the perimeter rule and enable America West to initiate this valuable service.

WHEREFORE, for the reasons stated above, America West respectfully requests that the Department grant it an exemption from Subparts K and S of Part 93 of the Federal Aviation Regulations to operate sixteen exemption slots at LaGuardia for service to Phoenix and Las Vegas, and for such other and further relief as the Department deems in the public interest.

Counsel: Baker Hostetler, Joanne Young, 202.861.1532

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American Airlines, Inc.

OST-97-2965

Filed January 12, 2001
Issued February 1, 2001

Notice of Action Taken

U.S.- Spain; Codeshare w/ Iberia

Scheduled foreign air transportation of persons, property, and mail between New York, Chicago, and San Juan, on the one hand, and Madrid, Spain, on the other. American intends to operate this service under a code-share arrangement with Iberia Lineas de Espana, S.A. American has requested the authority for an indefinite duration.

By: Paul Gretch

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Balair/CTA Leisure, Ltd.

OST-97-3039

Filed November 15, 1999
Issued February 1, 2001

Notice of Action Taken

U.S.- Switzerland

By: Paul Gretch

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Intra-Alaska Class Service Mail Rates

OST-95-429	January 30, 2001	Petition of the United States Postal Service for Reconsideration of Order 00-11-9 by	Intra-Alaska Class Service Mail Rates
		Attachment: Linehaul Rate Impact
		Service List

The action taken by the Department to introduce a change in the rate update methodology in a show cause order is not consistent with the practice the Department has taken in the past. It has been the Department's practice to engage all parties in formal meetings and consensus--building discussions concerning a significant amendment to the rate update methodology prior to implementing a change.

In addition, the Postal Service voiced its concerns in its response to the show cause order in a timely manner, and reasonably expected the Department to reconsider its decision. Any delay in the implementation of the final mainline rates was not caused by any act or omission of the Postal Service. Further, it should be emphasized that in view of the Department's categorical rejection of retroactive ratemaking, any such delay does not provide a reasonable and sufficient basis for imposing rates retroactively in Order 2000-11-9.

The fact that the Department made these new rates effective retroactively violates the rules set forth in Order 95-12-32 where the Department, after considering the concerns of all parties, agreed to cease the practice of retroactive rate changes. In addition, this unjustified and arbitrary abandonment of established practice financially penalizes the Postal Service and its customers.

Finally, implementation of the new update methodology may include a significant error that, if corrected, would decrease the magnitude of the rate increase. Therefore, the Postal Service is requesting that the new mainline rates not be implemented retroactively, that the error in the update methodology be corrected and implemented prospectively, and that the Department engage all parties in meaningful discussions of the new update methodology prior to the next mainline update period.

Counsel: USPS, Michael Mumbach

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U.S.-Philippines All-Cargo Service Proceeding and Polar Air Cargo, Inc.

OST-96-1074

Filed December 21, 2000
Issued February 1, 2001

Notice of Action Taken

U.S.- Philippines All-Cargo

Scheduled foreign air transportation of property and mail (a) between the coterminal points New York, Chicago, Anchorage, Los Angeles, Seattle and Honolulu, on the one hand, and Manua, Philippines, on the other, via the intermediate points Khabarovsk, Russia; Auckland, New Zealand; Sydney and Melbourne, Australia; Singapore; and Tokyo, Japan; and (b) beyond Manila to Taipei, Taiwan.

By: Paul Gretch

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Servicios Aeronauticos Z, S.A. de C.V.

OST-97-2651

Filed December 22, 2000
Issued February 1, 2001

Notice of Action Taken

U.S.- Mexico Charter

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

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The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

OST-00-7175	February 1, 2001	Certification of Atlantic Coast Airlines	LaGuardia Slots
		Attachment: Certification
		Service List

For the period February 3, 2001 through February 14, 2001, inclusive, it intends to utilize three daily slot exemptions at New York LaGuardia Airport to operate daily flights between LaGuardia and Charleston, South Carolina. These flights will be conducted by ACA pursuant to a wet lease agreement with Atlantic Coast Jet, Inc., which, in turn, operates at LaGuardia as a Delta Connection carrier. Commencing February 15, 2001 the three slots will revert to Atlantic Coast Jet.

Counsel: Silverberg Goldman, Robert Silverberg, 202.944.3300, rsilverberg@sgbdc.com

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U.S.- Brazil All Cargo Charters

Order 01-2-01
Undocketed

Issued February 1, 2001
Served February 1, 2001

Order to Show Cause

U.S.- Brazil All- Cargo Charters

We propose to make available for each calendar month remaining in the charter year (March--June) a pro rata portion of the charters that were in the charter pool as of January 25, 2001, i.e., 21 charters each month.' All eligible carriers interested in using the charters would be able to apply as set forth below for the available charters. We propose to distribute the available flights each month by dividing the number of available flights equally by the number of eligible applicants to the extent that such allocations are equal to or fewer than requested, and to distribute the remaining flights using a round-robin procedure on a first--come, first-served basis. 2 Consistent with our current procedures, carriers allocated flights each month would be required to report the number of flights used no later than the tenth of the following month. We propose that any flights returned would be available for the charters that can be applied for in that month of the return. For example, reports for charters distributed for February operations would be due by March 10. Under our proposed procedures, applications for charters to be operated in April would be due by March 15. Thus, any charters distributed for February and returned in March, would be added to the number of charters available for distribution for April services.

Because of the limited number of charters available for the remainder of the charter year, we propose that a carrier with an advance charter allocation would not be eligible to apply for additional charters under the procedures tentatively set forth in this order until it had used all of the charters in its advance allocation. In addition, we propose to exclude those U.S. carriers that hold scheduled combination or all-cargo service authority to serve Brazil.

US-Brazil All-Cargo Charter Reports and Charter Report Table

By: Paul Gretch

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International Air Transport Association

OST-00-8283

February 1, 2001

Application for Approval of Agreements- Technical Correction

PTC123 Fares 0050 Corrects TC123

Counsel: David O'Connor

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