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OST Docket Filings for February 7, 2001

Last Updated 02/08/01 11:06 AM

Applications and Renewals: 

Kuwait - U.S.- Kuwait Codeshare Renewal | MNG - U.S.- Turkey Cargo Renewal

Answers and Replies: 

Alaska Mail Rates (3)- Comments and Answer of Alaska/Response of U.S.P.S. | American/Qantas - Compliance Statement/Safety Audit

CommutAir - Comments | Delta - Answers of Continental/Northwest (Beyond Perimeter Slots at DCA) | Evergreen - Polling Letter

Wendell Ford (2)- Amendment of Ozark at O'Hare

Notices of Action Taken:

Evergreen | Northwest | Polar | SATA | Singapore - Department Action | United

Notices and Orders:

Maxwell vs. Delta - Consent/Dismissal


American Airlines, Inc. and Qantas Airways Limited

OST-95-660
OST-00-7785
OST-99-5007
February 7, 2001 Re:  Compliance Statement/Safety Audit of American Airlines and Qantas Airways U.S.- Australia/New Zealand/Fiji; Los Angeles- Auckland/Melbourne; Australia- Canada via Honolulu
    Attachment:  Compliance Statement of American Airlines and Codeshare Safety Audit of Qantas Airways  
    Service List  

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@aa.com

Index


CommutAir

OST-00-8012 February 5, 2001 Comments of Loring Commerce Centre 90 Day Notice to Terminate EAS at Northern Maine Regional Airport

By:  Loring Commerce Centre, Brian Hamel

OST-00-8012 February 5, 2001 Maine Public Service in Support of the City of Presque Isle and Northern Maine Regional Airports' Request for Financial Support  90 Day Notice to Terminate EAS at Northern Maine Regional Airport

By:  Maine Public Service, Paul Cariani

OST-00-8012 February 5, 2001 S Advertising in Support of Essential Air Service for Northern Maine Regional Airport in Presque Isle, ME 90 Day Notice to Terminate EAS at Northern Maine Regional Airport

By:  S Advertising, Sam Surprise

Index


Evergreen International Airlines, Inc.; U.S.- Thailand All-Cargo Frequency Allocation Proceeding

OST-01-8879 February 7, 2001 Re:  Polling Letter U.S.- Thailand

Counsel:  Steptoe Johnson, Benjamin Achenbach, 202.429.6289, bachenba@steptoe.com 

OST-01-8879 Filed February 5, 2001
Issued February 7, 2001
Notice of Action Taken U.S.- Thailand

Allocation of one weekly U.S.-Thailand all-cargo frequency to provide the following service: Scheduled foreign air transportation of property and mail between a point or points in the United States, and a point or points in Thailand

By:  Paul Gretch

Index


Intra-Alaska Class Service Mail Rates

OST-95-429 February 7, 2001 Response of the United States Postal Service

Intra-Alaska Class Service Mail Rates

The DOT believes that applying the Reeve rate today for mainline service of mail is problematic given that the "underlying base for constructing the rate has disappeared." As the DOT has acknowledged, the Reeve rate has not been updated for inflation since the rate was inaugurated 20 years ago. As such, the USPS agrees with the DOT's concern that there is a need to reconsider the Reeve territorial rate.

Under the current Reeve rate and with Reeve no longer providing scheduled service to the Aleutians, the USPS is concerned with the level of reliable and dependable service to Aleutian destinations, especially considering the stage-lengths involved. Currently, given Reeve's departure from Aleutian markets, the USPS has found itself in a position of having to contact carriers frequently to ensure that mail can be transported to specific Aleutian destinations. Not only is this burdensome to the USPS, but it highlights the fact that providing adequate service to Aleutian markets has become increasingly problematic.

When considering various alternatives in setting mail rates for service to the Aleutians, the USPS is committed to ensuring that new rates lead to reliable and dependable mail transportation service. In the view of the USPS, the most dependable and efficient method for proving service to the Aleutian chain is to contract interested carriers establishing rates negotiated between the carriers and the USPS. In the time it takes to negotiate appropriate contract rates, the USPS is open to considering regulated rates for mail transportation to the Aleutians. However, it is concerned that a regulated environment may not lead to adequate service and that there is no empirical basis from which to calculate rates for mail transportation on the Aleutian chain.

Counsel:  United States Postal Service, Michael Krop

OST-95-429
Docket 38574
February 7, 2001 Comments of Alaska Airlines

Intra-Alaska Class Service Mail Rates

    Attachment A:  Mainline Service Mail Rates: Anchorage- Dutch Harbor  
    Service List  

Alaska's immediate focus is the Anchorage-Dutch Harbor market in which Alaska is currently offering one daily B-737-200 combi aircraft round trip and is planning to restore a previously operated second daily round trip during the peak summer season. Alaska had previously operated two daily round trips in the Anchorage-Dutch Harbor market, but reduced its service level because of a combination of economic and operational considerations. The Anchorage-Dutch Harbor market poses a number of operational challenges and, on an individual market basis, is almost certainly more costly to serve than the "average" intra-Alaska market. Yet the per pound rate Alaska receives for the carriage of priority mail' under the outmoded Reeve Rate is less than 70 percent of what Alaska would receive to carry the same priority mail the same distance in any other intra-Alaska market. Specifically, the Reeve Rate is just $.72 per pound in marked contrast to the mainline priority rate of $1.05 per pound (Attachment A). Indeed, the anachronistic nature of the Reeve Rate is perhaps even more apparent when one considers that the Reeve Rate is so far out of date that it is almost equal to the current mainline nonpriority rate in the Anchorage-Dutch Harbor market. The effective per pound mainline nonpriority rate is $.70 or just 2.7 percent below the $.72 Reeve Rate. Further, with the likely upward quarterly April-May 2001 fuel adjustment, the nonpriority mainline rate and the Reeve Rate should be virtually the same if indeed not higher than the Reeve Rate.

Counsel:  Squire Sanders, Marshall Sinick, 202.626.6251

OST-95-429
Docket 38961
February 7, 2001 Answer of Alaska Airlines

Intra-Alaska Class Service Mail Rates

    Service List  

It is well-settled law that the Department is perfectly free to revise a policy provided the Department explains the reasons for its policy revision--just as it did in this instance. In addition, the actions or, more precisely, the inactions of the USPS also directly contributed to the unusual circumstances which arose and which justifiably caused the Department to depart from its non-retroactivity policy. Finally, the USPS can hardly claim to have "clean hands" in asking the Department to revise that portion of its November 13 decision directing that the newly finalized rates be made retroactive to October 1. Even as of this date, the USPS has taken it upon itself to decline to make retroactive payments for the mail carried during October 2000. The excuse offered to the Alaskan carriers is that "the matter is still under discussion" notwithstanding the USPS' clear obligation to have made such payments several months ago.

The USPS' petition utterly fails to establish that the Department's expressed reasons for deviating from its policy of non-retroactivity were unsound. The Departments November 13 decision to make the intra-Alaska rates retroactive to October I should be reaffirmed. Alaska would request that the Department also admonish the USPS that the Department's final ratemaking orders require that the USPS' payments be remitted in full rather than leaving the USPS to comply on a selective basis.

Counsel:  Squire Sanders, Marshall Sinick, 202.626.6251

Index


Kuwait Airways Corporation

OST-99-5589 February 5, 2001 Application for an Exemption Codeshare Service with TWA; Kuwait- Los Angeles, St. Louis, San Francisco and Washington, DC
    Service List  

Hereby applies for an exemption authorizing it to continue engaging 'in foreign air transportation of persons, property, and mail between Kuwait and New York and Chicago. The purpose for this exemption is to allow Kuwait Airways and Trans World Airlines, Inc. to continue providing service under a previously approved Code-Share Agreement until the Department has the opportunity to review and approve Kuwait Airways' application to renew its foreign air carrier permit. The application to renew Kuwait Airways' foreign air carrier permit, which expired in November, 2000, is being filed separately.

Under the code-share agreement between Kuwait Airways and TWA, Kuwait Airways displays its designator code "KU" on flights operated by TWA (a) between New York, on the one hand, and Los Angeles, St. Louis, San Francisco, Washington, D.C., and Orlando' one the other hand, and (b) between St. Louis and Chicago, for the carriage of Kuwait Airways' international traffic between Kuwait and the United States. In addition, TWA displays its designator code on flights operated by Kuwait Airways (a) between New York and Chicago, on the one hand, and Kuwait City and (b) between Kuwait City, on the one hand, and Abu Dhabi, Dubai, and Muscat, on the Qther hand, for the carriage of' TWA's international traffic to and from the Unites States and United Arab Emirates and Oman. In this application, Kuwait Airways seeks an exemption to prevent interruption of these services for services for Kuwait Airways' and TWA's international passengers.

Note:  Dockets Did Not Release the Foreign Air Carrier Permit Renewal

Counsel:  Dickstein Shapiro, Henry Cashen, 202.785.9700

Index


Len Maxwell against Delta Air Lines, Inc.

Order 01-2-6
OST-00-7591
Issued February 7, 2001
Served February 7, 2001
Consent Order and Order of Dismissal Air Carrier Access Act of 1986
    Attachment:  Payment form for Fines Assessed  

We have carefully reviewed the pleadings in the case, as well as records of other correspondence received by Delta and the Department which involved complaints with regard to the issue of onboard wheelchair stowage. Delta cooperated fully with the Department's investigation, including the request of the Department's Office of Aviation Enforcement and Proceedings for all of Delta's relevant complaint records. We believe that some of these incidents may involve violations of section 382.41. Additionally, in several of the complaint files we examined, the carrier did not provide a written response to the complainant that complied with the notice requirements of section 382.65, which prescribe that the carrier must give a "dispositive response" to each complainant. An appropriate response must specifically discuss the complaint at issue, state the carrier's view of whether a violation occurred, and state that the complainant may refer the matter to the Department's consumer office. The Department views seriously the obligation of all carriers to comply with the Air Carrier Access Act and 14 CFR Part 382, the Department's implementing regulation. Accordingly, enforcement action is warranted.

The order, in addition, directs the carrier to cease and desist from similar violations in the future and assesses a civil penalty of $25,000 in compromise of the penalties otherwise assessable under 49 U.S.C. §46301. Of this amount, the carrier will pay $15,000 according to the terms stated in the ordering paragraphs below. This order provides that a credit of $10,000 will be allowed toward the purchase of no fewer than 10 new hydraulic-lift boarding chairs beyond the number Delta previously intended to purchase.

By:  Rosalind Knapp

Index


MNG Airlines Cargo, Inc.

OST-98-4486 Dated February 2, 2001
Docketed February 7, 2001
Application for Renewal and Amendment of Exemption U.S. - Turkey

Consistent with the Air Transport Agreement, MNG requests amendment of its exemption to permit it to engage in scheduled foreign air transportation of persons, property, and mail on the following routing: Between any point or points behind the Republic of Turkey and any point or points in the Republic of Turkey, via any intermediate point or points, and any point or points in the United States, and beyond the United States to any point or points, with full traffic rights.

Counsel:  MNG Cargo, Yavuz Cizmeci

Index


Northwest Airlines, Inc.

OST-98-4833 Filed December 15, 2000
Amended January 12, 2001
Issued February 7, 2001
Notice of Action Taken Service Between Newark/Houston and South America Code-Sharing with Continental

Scheduled foreign air transportation of persons, property, and mail between Newark, New Jersey, and Houston, Texas on the one hand, and Bogotá, Colombia on the other.  Northwest intends to operate this service pursuant to a code-share arrangement with Continental Airlines.

By:  Paul Gretch

Index


Polar Air Cargo, Inc.

OST-97-2352 Filed January 16, 2001
Issued February 7, 2001
Notice of Action Taken Miami - Caracas Venezuela, Beyond Caracas to Rio de Janeiro and Sao Paulo

Scheduled foreign air transportation of property and mail between Miami, Florida, and Caracas, Venezuela, and beyond Caracas to Rio de Janeiro and Sao Paulo, Brazil, and to integrate this authority with its existing certificate and exemption authority.

By:  Paul Gretch

Index


SATA Internacional - Servicos E Transportes Aereos, S.A.

OST-99-6408 Filed December 28, 2000
Issued February 7, 2001
Notice of Action Taken U.S.- Portugal Charters

Exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons and property between Portugal and the United States; and to perform other charters in accordance with Part 212 of the Department's rules.

By:  Paul Gretch

Index


Singapore Airlines Limited

OST-00-7059 Filed March 9, 2000
Date of Action February 7, 2001
Department Action on Application Los Angeles- Singapore

By:  Gordon Bingham

Index


United Air Lines, Inc.

OST-99-5097 Filed January 8, 2001
Issued February 7, 2001
Notice of Action Taken U.S.- Germany- Windhoek, Namibia

Scheduled foreign air transportation of persons, property, and mail between points in the United States and Windhoek, Namibia via points in Germany, and to integrate this authority with its existing certificate and exemption authority. United intends to operate this service pursuant to a code-share arrangement with Lufthansa German Airlines.

By:  Paul Gretch

Index


The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions); Ozark Air Lines

OST-00-7179
OST-00-7279
February 7, 2001 Amendment of Ozark Air Lines Columbia, Missouri- Chicago O'Hare
    Attachment:  Schedule Amendment  

Enclosed herewith for inclusion in the above referenced docket is an original plus twelve copies of Amendment One to Attachment A. This change shows adjusted arrival and departure times for flights into Chicago's O'Hare Airport and eliminates Joplin, Missouri as a point served directly from the Chicago O'Hare Airport by Ozark Air Lines. In addition, the effective inaugural date has been changed to March 19, 2001. All other information remains valid.

Counsel:  Ozark Air Lines, Brad Fraizer, 573.443.8300

Beyond Perimeter Slots

OST-00-7181 February 7, 2001 Answer of Continental Airlines Washington, DC (DCA)- Salt Lake City, Utah

Just six months ago, the Department rejected Delta’s application for a beyond-perimeter slot exemption to operate nonstop service between Ronald Reagan Washington National Airport and Salt Lake City in favor of Washington Reagan-Los Angeles nonstop service operated by an airline with a far smaller presence at Washington Reagan. Now, Delta asks the Department to terminate nonstop Washington Reagan-Los Angeles service and authorize the very nonstop Salt Lake City service the Department just rejected. Rather than terminating nonstop Washington Reagan-Los Angeles service and the benefits it has brought to both Washington and Southern California, the Department should grant Continental’s application to provide nonstop Washington Reagan-Los Angeles service. Since Continental’s proposal to replace TWA’s service when TWA terminates service will provide even more public benefits than the TWA service which was selected over Delta’s Salt Lake City service before, the Department should deny Delta’s application.

Counsel:  Continental and Crowell Moring, Bruce Keiner, 202-624-2500

OST-00-7181 February 7, 2001 Answer of Northwest Airlines to Application of Delta Air Lines

Scanned Copy

Washington, DC (DCA)- Salt Lake City, Utah
    Service List  

Northwest joins Delta in asking the Department to institute an expedited proceeding to determine the best allocation of TWA's slot exemptions should the Department recall them. Northwest urges the Department to issue a comprehensive instituting notice or order, at the appropriate time, simultaneously setting procedural dates fbr applications and responsive pleadings, and detailing any evidence the Department believes it will require in order to make its allocation decision. Requiring carriers to file multiple rounds of largely repetitive pleadings only imposes unnecessary burden on the Department, the carrier applicants and the communities involved.

Counsel:  Northwest, Megan Rae Rosia, 202.842.3193, megan.rosia@nwa.com 

Index


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© Copyright 2001 Airline Information Research, Inc.   All rights reserved.