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OST Docket Filings for February 14, 2001 |
Last Updated 02/15/01 02:01 PM
Applications and Renewals:
Air Pacific - Nadi- L.A.- Honolulu Renewal | IATA (2)- Withdrawal of Corporate Identification Number Proposal
Northwest - U.S.- Philippines | United/VARIG - Brazil- L.A.-/San Jose
Wendell Ford (2)- America West/ LaGuardia- Columbus; Frontier/Washington DCA- Denver
Answers and Replies:
Aero Continente - Additional Information | Aeromexico - Letter Requesting Designation | Barron Aviation - Withdraw of Application
Casino - Continue Operations | CommutAir - Letter in Support | Corporate - Objection
DHL Worldwide (3) - Answer of DHL/Replies of FedEx/UPS | IATA (2)- Technical Correction | Puerto Rico - Letter in Support
Wendell Ford - Letters in Support of Delta/Northwest
Notices of Action Taken:
Notices and Orders:
U.S.- Brazil - Final Order | U.S.- Colombia - Notice
Form 41's:
| OST-00-7748 | February 14, 2001 | Re: Additional Information |
U.S.- Chile |
| Attachments: Increase/ Decrease in Number of Shares Held, Financials |
Aero Continente Chile S. A. hereby advises that Sr. Jorge Portilla Barranza, a Chilean citizen, has increased the number of AC Chile shares he holds to a total of 60,817 which consitutes 61 % of all shares issued and outstanding and that Aero Continente S.A. (a citizen of Peru) has decreased the number of AC Chile shares it holds to 38,883 or 39% of the total as reflected in the attached Certificate. This information supercedes that provided by AC Chile on page 3 of its Exhibit ACC-1, paragraph (f).
Also attached is updated financial information reflecting operations through June 30, 2000 shown in Pesos and U.S. Dollars. This information supplements that provided at pages 7 and 8 of AC Chile's Exhibit ACC-6 and reflects the start of domestic service in Chile and the inauguration of international service to the United States.
Counsel: Lawrence Wasko, 202.862.4370
Aerovias de Mexico, S.A. de C.V.
| OST-01-8845 | February 14, 2001 | Re:
Additional Information |
Morelia- Los Angeles |
| Attachment: Letter form Director of Mexico Civil Aviation Requesting Route Designation |
Counsel: Verner Liipfert, William Evans, 202.371.6030
| OST-97-2828 | February 14, 2001 | Application for Renewal of Exemption |
Nadi- Los Angeles/Honolulu via Auckland |
| Service List |
Air Pacific respectfully requests the Department to renew the exemption authority described herein to enable Air Pacific to continue to provide international air transportation between Nadi, Fiji and the two U.S. coterminal points Los Angeles and Honolulu via Auckland, New Zealand, and beyond to and from the two Canadian coterminal points Toronto and Vancouver, Canada.
Counsel: Condon Forsyth, Thomas Whalen
Barron Aviation, L.L.C. d/b/a Barron World Airways
| OST-01-8694 | February 14, 2001 | Re: Withdraw of Application |
Certificate of Public Convenience and Necessity |
Counsel: Barron Aviation, David Campbell, 336.668.0039
| OST-00-7674 | February 14, 2001 | Re: Permission
for Casino Airlines to Continue to Operate Under an Exemption
Initially Rescinded by the Department |
Continuation of Public Charter 99-293 Pending Fitness Review, Santa Maria, California- Las Vegas, Nevada |
By: Patricia Thomas
| OST-00-8012 | February 14, 2001 | Letter in Support of Continental Airlines |
90 Day Notice to Terminate EAS at Northern Maine Regional Airport |
By: Continental, Hershel Kamen
Corporate Airlines, Inc. d/b/a Trans World Express
| OST-01-8731 | February 14, 2001 | Objection of Southeast
Iowa Regional Airport |
90-Day Notice to Terminate EAS |
By: Southeast Iowa Regional Airport, Sharon Leeper
Compliance with U.S.- Citizenship Requirements of DHL Airways, Inc.
| OST-01-8732 | February 14, 2001 | Motion to File an Otherwise Unauthorized Document and Reply
of United Parcel Service |
Registration of DHL Worldwide Express as a Foreign Air Freight Forwarder |
| Service List |
It is important to remember that the DP, through its ownership and control of DHL International, which wholly-owns DHL-W and also controls DHL Airways, is trying to access the U.S. domestic market, which it could not do as a direct air carrier. This is why UPS believes the DP applied for the interstate foreign air freight forwarding license. If the DOT allows such a license, it may once again, perhaps soon, face the same issues if DHL Airways were to announce it intention to purchase an existing U.S. air carrier. This case is not about free trade versus protectionism, as DHL-W puts forth. Rather, this is a case about ensuring that competition on a level playing field continues to cxist in the United States.
Counsel: UPS and Kelley Drye, David Vaughan, 202-955-9864
| OST-01-8736 | February 14, 2001 | Motion for Leave to File an Otherwise Unauthorized
Document and Reply of Federal Express |
Third Party Complaint |
| Service List |
DHL Airways' attempt to demonize FedEx for initiating this proceeding is well off the mark. This proceeding is not about eliminating a competitor. Rather, at issue is whether foreign nationals can have access to cabotage rights in the United States while U.S. air carriers are denied that same right in foreign countries. This proceeding is also about whether the DHL network should enjoy the benefits of being a U.S. citizen while avoiding the responsibilities of U.S. citizenship.
Counsel: FedEx, Thomas Donaldson, 901.434.8586
| OST-01-8824 | February 14, 2001 | Answer of DHL Airways in Opposition to Request to
Commence Enforcement Proceedings |
Third Party Complint Pursuant to 14 C.F.R.$ 302.404 |
| Service List |
United Parcel Service Co. in another of a series of "me-too" pleadings, has adopted and incorporated by reference the same complaint filed by Federal Express Corporation in Docket OST-2001-8736, challenging the U.S. citizenship of DHL Airways, Inc. The UPS complaint appears to be one more salvo in what has become a concerted campaign to reduce competition in the domestic air express industry by impugning the U.S. citizenship of Airways and seeking to bar DHL Worldwide Express, Inc. from participating in the domestic small package delivery business.
Counsel: Stephen Lachter, 202.862.4321, lachter@starpower.net
Haiti Aviation, S.A. d/b/a Air D'Aytiti
| OST-97-2999 | Filed January 26, 2001 Issued February 14, 2001 |
Notice
of Action Taken |
U.S.- Haiti |
By: Paul Gretch
| OST-01-8922 | February 14, 2001 | Application for Frequency Allocation |
U.S.- Philippines Route 2 |
| Service List |
Hereby requests reallocation of one dormant U.S. -Philippines Route 2 frequency in order to reinstate a second weekly U.S.-Manila all-cargo roundtrip flight. Northwest asks that the frequency be allocated for a two-year period, subject to the Department's standard 90-day dormancy condition. Northwest is seeking expedited approval of this application and intends to conduct a polling of all carrier parties served with this application to determine whether any carrier intends to file an objection. Northwest will promptly notify the Department of the results of its polling.
Northwest currently operates one weekly U.S.-Anchorage-Narita-Manila-Singapore-Narita-Anchorage-U.S. all-cargo flight. Upon approval of this application, Northwest intends to operate a second weekly U.S. -Philippines all-cargo roundtrip service on the following routing - U.S.-Anchorage-Narita-Manila-Taipel-Osaka-Anchorage-U.S.
Counsel: Northwest, Megan Rae Rosia, 202.842.3193, megan.rosia@nwa.com
| OST-98-4838 | February 14, 2001 *Not Yet Scanned By Dockets |
Letter to Jim Marquez Counsel for Puerto Rico Airways | Certificate of Public Convenience and Necessity |
By: Randall Bennett
| OST-96-1640 | February 14, 2001 | Motion to Withhold Information from Public Disclosure |
Form 41, Schedule B-7 |
| Service List |
Counsel: Donald Hood for Southwest, 214.792.4049
United Air Lines, Inc. and VARIG, S.A. (Viacao Aerea Rio- Grandense)
| OST-01-8921 | February 14, 2001 | Joint Application for Exemption and Statement of
Authorization |
Brazil- Los Angeles- San Jose Code Sharing |
| Service List |
Because United and VARIG seek to commence code sharing on United's Los Angeles-San Jose flights on April 1, 2001, they respectfully request expedited issuance of the requested authorities to enable them to prepare for the new operations and engage in advance marketing and sales. VARIG respectfully requests that its exemption be issued for a minimum term of two years. United respectfully requests that its statement of authorization remain in effect for an indefinite period of time.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com and Constance O'Keefe, 202.775.0680
| OST-95-125 | February 14, 2001 | Motion for Confidential Treatment |
Form 41; Schedule B-7 |
Counsel: UPS, James Miller, 502.329.6524
The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Slot Exemptions)
| OST-00-7176 | February 14, 2001 | Application of America West Airlines for Exemption |
LaGuardia- Columbus, Ohio (CMH) |
| Service List |
The requested slot exemptions will allow America West to continue its highly successful, competitive, full-service operations between LGA and Columbus with connections to the West. If America West was forced to end these operations, the traveling public would lose an important cornpetitive force and access to lower fares from LGA to Columbus, Phoenix, Las Vegas and the West would be diminished. The benefits that deregulation has brought to these markets would be lost, aiid the Departin ei it's goal of promoting competition in the air transportation industry would sLiffer a severe setback. Granting An-ierica West its requested and permitting it to provide this service oii America West Express will enhance consumer welfare and preserve competition, thereby furthering policies recognized as critically important by the Department.
Counsel: Baker Hostetler, Joanne Young, 202.861.1532
| OST-00-7181 | February 14, 2001 | Application of Frontier Airlines for Exemption |
Washington National- Denver, Colorado |
| Exhibits: Proposed Schedule, Cities Receiving Code Share Service | |||
| Service List |
Although Frontier is positive about this service, the costs of operating one roundtrip per day at DCA are extremely high. In addition, with no other service available at DCA, Frontier's one-flight per day is not as attractive to business and other travelers who seek multiple options when traveling to a market as important as Washington, D.C. When a carrier only operates one flight in a market, customers are impacted if weather, congestion or airport problems cause delays or cancellations. With a second flight, customers have a critical option if any problems arise. Moreover, a second flight allows Frontier to best serve the Washington, D.C. to Denver market, through passengers originating at DCA, and travelers seeking multiple scheduling options. A second flight would also permit Frontier to spread costs for items such as staffing, advertising, and promotions.
Counsel: Ungaretti Harris, Edward Faberman, 202.639.7500
Delta Air Lines
| OST-00-7181 | February 14, 2001 | Letter of the Spokane
International Airport in Support of Delta's Application |
Washington D.C. (DCA)- Salt Lake City (SLC) |
Counsel: Spokane International Airport, John Morrison
| OST-00-7181 | February 14, 2001 | Letter of the Salt
Lake City Department of Airports in Support of Delta's Application |
Washington D.C. (DCA)- Salt Lake City (SLC) |
Counsel: Salt Lake City Department of Airports, Mary Kay Griffin
| OST-00-7181 | February 14, 2001 | Letter of the House
of Representatives State of Utah in Support of Delta's Application |
Washington D.C. (DCA)- Salt Lake City (SLC) |
Counsel: House of Representatives State of Utah, Representative David Jones, Minority Leader
| OST-00-7181 | February 14, 2001 | Letter of the The
Economic Development Corporation of Utah in Support of Delta's Application |
Washington D.C. (DCA)- Salt Lake City (SLC) |
Counsel: The Economic Development Corporation of Utah, Louise Callister
| OST-00-7181 | February 14, 2001 | Letter of the Yellowstone
Regional Airport in Support of Delta's Application |
Washington D.C. (DCA)- Salt Lake City (SLC) |
Counsel: Yellowstone Regional Airport, David Ulane
| OST-00-7181 | February 14, 2001 | Letter of Port of Seattle in Support of
Delta's Application |
Washington D.C. (DCA)- Seattle-Tacoma International Airport |
Counsel: Port of Seattle, Jack Block
| OST-00-7181 | February 14, 2001 | Letter of Port of Seattle in Support of Northwest
Airlines' Proposal |
Washington D.C. (DCA)- Seattle-Tacoma International Airport |
Counsel: Port of Seattle, Jack Block
U.S.- Brazil All-Cargo Charters
| Order 01-2-14 Undocketed |
Issued February 14, 2001 Served February 14, 2001 |
Final Order |
U.S.- Brazil |
We have decided to make final the procedures proposed in Order 2001-2-1 for distribution of the U.S.-Brazil all-cargo charters available for the balance of the charter year (March through June 2001). No party has opposed the need for special procedures or our decision to pro rate the number of charters available and to distribute them equitably among interested carriers. Rather, the commenters have sought certain modifications and clarification to the proposed procedures.
We are not persuaded that we should set aside two frequencies each month for emergency and ad hoc requests. Where charter rights are so limited as here, it is imperative that full, effective use be made of the available charter opportunities. While we would like to accommodate all contingencies as Express One and Emery suggest, there have been very few ad hoc requests to use the charter pool this charter year. At the same time, there has been a consistent and regular demand on the pan of certain carriers to use charters from the pool to support ongoing charter programs. Given the limited number of pool charters available and the specific circumstances before us, we are not persuaded that withholding flights from carriers with firm plans to use them for possible use by other carriers best serves the public interest in this case. That said, should requests for ad hoc charters be Filed, we are prepared to seek sympathetic consideration from Brazil for operation of such flights.
With respect to Atlas' request regarding the eligibility of UPS to apply for charters, it is our understanding that UPS is in the process of obtaining scheduled authority from the Brazilian Government, and expects this process to be completed by February 20, 2001. Rather than ruling now on UPS' eligibility, we will consider any request by UPS to use charters from the charter pool based on the circumstances present at that time.
Based on the above, the following procedures will apply for distribution of Brazil allcargo charters for the period March-June. We will make available a pro rata portion of the total charters still undistributed for each remaining month of the charter year. We will 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 distribute the remaining flights using a round-robin procedure on a first-come, first-served basis. Carriers awarded flights each month will be required to report the number of flights used no later than the tenth of the following month. Any flights returned will be available for the charters that can be applied for in the month of the return.
Because of the limited number of charters available for the remainder of the charter year, a carrier with an advance charter allocation will not be eligible to apply for additional charters under the procedures set forth in this order until it has used all of the charters in its advance allocation. In addition, those U.S. carriers holding scheduled combination or all-cargo service authority to serve Brazil will be excluded.
Eligible carriers can apply for up to ten charters for each calendar month. Charter applications will need to specify the number of flights requested; the points to be served; the type of aircraft to be used; the type of cargo; dates of the proposed flights; and will need to be accompanied by a copy of the signed charter contract for the flights proposed. Applications for charters above that nurnber will need to be accompanied by a request for waiver of the ten-charter limit and served on all carriers that have operated charters in the U.S.-Brazil market this charter year. Charter applications can be filed no earlier than two weeks in advance of the beginning of each calendar month.
By: Paul Gretch
U.S.- Colombia Scheduled Combination Service Opportunities
| OST-01-8910 | Served February 16, 2001 | Notice |
U.S.- Columbia Combination Service |
By: Paul Gretch
International Air Transport Association
| OST-99-6694 | February 14, 2001 | Withdraw of Pending Recommended Practice 1778 |
Pricing Agreement - Corporate Identification Numbers |
By: David O'Connor
| OST-00-8022 | February 14, 2001 | Application
for Approval of Agreements- Technical Correction |
PTC2 EUR 0362 Corrects PTC2 EUR 0334 |
By: David O'Connor
| OST-01-8837 | February 14, 2001 | Application
for Approval of Agreements- Technical Correction |
PTC3 0476 Corrects PTC3 0468 |
By: David O'Connor
| OST-01-8909 | February 14, 2001 | Application
for Approval of Agreements |
PTC COMP 0775 |
By: David O'Connor
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