OST Filings for February 26, 2001

OST Docket Filings for February 26, 2001

Last Updated 02/26/01 08:17 PM

Applications and Renewals:

Alaska - San Francisco-Zihuatenejo/Ixtapa | American - Broad Route Authority Renewal | Wendell Ford - United for DCA- LAX

Answers and Replies:

DHL Airways (2)- Answer/Surreply | IATA - Technical Correction | Privatair - Passenger Manifest Information

U.S.- Colombia - Renewal of Atlas Exemption Not Needed | Wendell Ford (4)- Answers of American/Continental/Delta/United to Frontier

Notices of Action Taken:

SAILSA

Notices and Orders:

CommutAir - Service Obligation

Alaska Airlines, Inc.

OST-01-8988	February 26, 2001	Application for Exemption	U.S.- Mexico
		Service List

Hereby requests an exemption from 49 U.S.C. §41101 and, to the extent necessary, from the Department's regulations to permit Alaska to engage in the scheduled foreign air transportation of persons, property and mail between San Francisco, CA and Zihuatenejo/Ixtapa, Mexico. Alaska requests that this exemption be granted for at least a two-year period. Alaska plans to commence service on this route on or about June 10, 2001. Alaska also requests that the Department process this application expeditiously so that Alaska may enter as soon as possible its new service in the various computer reservations systems and begin advertising, accepting reservations and selling tickets. To assist the Department in processing Alaska's exemption request, Alaska will contact by telephone each of the persons served with this application and will notify the Department promptly of the results of its poll.

Alaska plans to commence weekly flights in the San Francisco-Zihuatenejo/Ixtapa market on June 10, 2001. All operations will be conducted with Stage B-737 or MD-83 aircraft. Service will be operated year-round.

Counsel: Squire Sanders, Marshall Sinick, 202.626.6600, msinick@ssd.com

Index

American Airlines, Inc.

OST-97-2336	February 26, 2001	Application for Renewal of Exemption	Broad Route Integration Authority Exemption Renewal
		Service List

American Airlines, Inc., under 49 USC 40109 and 14 CFR Part 377, hereby applies for renewal and amendment of its exemption, most recently renewed by Notice of Action Taken in this docket on May 5, 1999, authorizing integration of American's authority to provide scheduled foreign air transportation of persons, property, and mail on certain named certificates, as well as the exemptions American holds, in order to permit foreign air transportation services involving any points named on the certificates and exemptions.

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

Index

Compliance with U.S.- Citizenship Requirements of DHL Airways, Inc.

OST-01-8736	February 26, 2001	Answer of DHL Airways to Motion for Leave to File an Otherwise Unauthorized Document	Third Party Complaint
		Service List

The second part of Federal Express' Reply is absolutely groundless and also largely irrelevant to Federal Express' original complaint. Federal Express' original complaint alleged that Airways was unfit because it does not comply with the statutory limits on foreign equity investments in U.S. carriers. In its Reply, Federal Express abandons that line of attack (perhaps because Airways' Answer showed it to be meritless) and now charges Airways with being "effectively controlled" by non-U.S. citizens, principally because it participates in the DHL Worldwide Express network. Federal Express also suggests that Airways fails to comply with various other U.S. laws to which all U.S. carriers are subject. Federal Express furnishes not one shred of evidence supporting any of these allegations. Rather, its intent appears to be to engage Airways in a Kafkaesque public debate in which Airways must prove its innocence of a ceaseless string of unsupported charges. Airways is not required to, and will not, accept Federal Express' invitation to engage in this dialogue or prove its continuing fitness in this proceeding. However, Airways cannot permit several of Federal Express' more egregious allegations to go unrefuted.

Federal Express' attempt to pressure the Department to initiate a public hearing does the Department as well as Airways a disservice because it unfairly implies that the Department cannot be trusted to discharge property its carrier fitness review responsibilities using well-established non-public procedures without Federal Express acting as an interested watchdog.

Counsel: Stephen Lachter, 202.862.4321, lachter@starpower.net

Registration of DHL Worldwide Express, Inc. as a Foreign Air Freight Forwarder Pursuant to 14 CFR 297

OST-01-8732	February 26, 2001	Motion for Leave to File and Surrely of DHL Worldwide Express	Registration of DHL Worldwide Express, Inc. as a Foreign Air Freight Forwarder Pursuant to 14 CFR 297
		Service List

UPS's unauthorized Reply merely serves to confirm the weakness of its Petition, both as a matter of law and policy. It appears that UPS's Petition -- like its complaint against DHL Airways, its media offensive and its lobbying -- is simply part of a broad UPS campaign to hamper DHL in whatever way possible, with the ultimate goal of shielding itself from competition in the U.S. market for as long as possible. We respectfully urge the Department to reject the Petition -- not only because it is legally baseless, but to reaffirm the Department's longstanding commitment to free and open competition to the benefit of U.S. communities, U.S. consumers, and the overall U.S. economy.

Counsel: Wilmer Cutler, Bruce Rabinovitz, 202.663.6000, brabinovitz@wilmer.com

Index

CommutAir

Order 01-2-18
OST-00-8012

Issued February 26, 2001
Served March 1, 2001

Order Extending Service Obligation

90 Day Notice to Terminate EAS at Northern Maine Regional Airport

By: Randall Bennett

Index

Express I, Inc. d/b/a Northwest Airlink

OST-00-7855

February 26, 2001

Exhibits for Proposal of Corporate Airlines to Provide EAS

Terminate Air Service Owensboro Davies County Regional Airport

By: Corporate Airlines, Fred Breeden

Index

Servicios Aereos Ilsa, S.A. de C.V. - SAILSA

OST-96-1959

Filed January 240, 2001
Issued February 23, 2001

Notice of Action Taken

U.S.- Mexico

Exemption from 49 USC section 41301 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

Index

PrivatAir S.A.

OST-01-8859	February 26, 2001	Re: Passenger Manifest Information Rule	Passenger Manifest Information
		Attachment: Information

Counsel: Zuckert Scoutt, Malcolm Benge, 202.298.8660

Index

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

OST-00-7181	February 26, 2001	Answer of American Airlines to Application of Frontier Airlines	Beyond Perimeter Slot Exemptions Washington National- Denver
		Service List

American opposes the application by Frontier, which already holds and operates a pair of DCA beyond-perimeter slots to serve Denver, awarded by Order 2000-7-1. With only a single pair of beyond-perimeter exemption slots becoming available after TWA ceases service, and competing applications or expressions of interest already on file by six carriers, the Department should institute a carrier-selection proceeding, with a procedural schedule for additional applications, answers, and replies, and should decide the matter using expedited show-cause procedures.

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

OST-00-7181

February 26, 2001

Answer of Continental Airlines to Application of Frontier Airlines

Beyond Perimeter Slot Exemptions Washington National- Denver

Counsel: Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@cromor.com

OST-00-7181	February 26, 2001	Answer of Delta Air Lines to Application of Frontier Airlines	Beyond Perimeter Slot Exemptions Washington National- Denver
		Service List

Of the applications received to date, Frontier's is the only one that would represent a reduction in the number of beyond-perimeter cities receiving nonstop DCA service. The Department needs to focus on expanding, and not contracting, the number of cities that receive nonstop DCA service and improved network benefits, using the rare AIR-21 beyond-perimeter exemption opportunities. Frontier should not be awarded additional beyond-perimeter slot exemptions for Denver, while Salt Lake City, and the numerous communities in the intermountain west that depend on Salt Lake as their primary transportation hub, are left without effective access to the heart of the Nation's capital.

In contrast to the extensive coverage of the underserved intermountain west, and the many small and medium communities that Delta serves from Salt Lake City, Frontier's Denver hub serves only the largest western cities, such as Phoenix, Las Vegas and San Francisco - all of which have multiple nonstop-tononstop competitive service options to DCA. Authorizing nonstop service between DCA and Salt Lake City would create eighteen first-ever or first-competitive nonstop-to-nonstop connections for small and medium sized western communities. Authorizing a second daily DCA-Denver flight by Frontier would create zero first nonstop or first competitive services.

Frontier's vague and speculative assertions about its "discussions" concerning "its potential codeshare opportunity" with a commuter carrier should be given no decisional weight in any carrier selection proceeding. Moreover, assuming arguendo that Frontier actually did conclude such an agreement, Frontier is free to provide codeshare services to DCA utilizing its existing beyond-perimeter exemption slots.

Counsel: Shaw Pittman, Alexander Van der Bellen, 202.663.8060

OST-00-7181	February 26, 2001	Motion for Leave to File Late and Consolidated Answer of United Air Lines to Applications of American, Continental, Delta, and Frontier Airlines	Two Beyond Perimeter Slot Exemptions- Washington National
		Service List

Because United's application and those of American, Continental, Delta and Frontier are mutually exclusive, the Department must institute a comparative selection proceeding. United would urge the Department to institute a streamlined proceeding as soon as possible to ensure that there is no gap in service once TWA ceases operating. Even a temporary cessation could cause substantial harm to travelers who have come to rely on the many benefits provided by this first-time, convenient nonstop access to DCA from Los Angeles, formerly the largest metropolitan area in the country without nonstop service to DCA.

Counsel: Wilmer Cutler, Bruce Rabinovitz, 202.663.6000, brabinovitz@wilmer.com

OST-00-7181	February 26, 2001	Application of United Air Lines	Two Beyond Perimeter Slot Exemptions- Washington National- L.A.
		Exhibits: Proposed Service
		Service List

As a result of TWA's recent bankruptcy filing and the pending American/TWA asset acquisition, it appears that TWA will cease utilizing its two beyond-perimeter slot exemptions and that the exemptions will thereafter revert to the Department. Under these circumstances, it is imperative that another carrier be selected to step in immediately upon TWA's cessation of service to ensure that the Los Angeles metropolitan area does not lose its vital non-stop DCA link. Moreover, the selection of United for these two beyond-perimeter slot exemptions will guarantee that even more communities throughout California and the Western United States enjoy their first single-plane service or new competitive service to DCA,I maximizing the domestic network benefits these slot exemptions provide.

Counsel: Wilmer Cutler, Bruce Rabinovitz, 202.663.6000, brabinovitz@wilmer.com

Index

U.S.-Colombia All-Cargo Services

OST-98-3543

February 26, 2001

Re: Authority for Exemption Granted, Renewal Not Requested

U.S.- Colombia All-Cargo

By Notice of Action Taken, dated May 4, 1999, in the above -referenced docket, the Department renewed for two years the exemption authority of Atlas Air, inc., to engage on scheduled foreign air transportation of property and mail between Miami, Florida, on the one hand, and Barranquilla, Bogota and Cali, Colombia, on the other. That authority currently is set to expire on May 4, 2001. By Notice of Action Taken, dated, June 23, 2000, in Docket 2000-7477, the Department granted Atlas exemption authority for two years to provide scheduled all-cargo service between any point in the United States and any point in Colombia via intermediate points. Since the latter exemption authority necessarily encompasses the authority in the present proceeding, there is no need for Atlas to renew the authority herein.

Counsel: Verner Liipfert, William Evans, 202.371.6030

Index

International Air Transport Association

OST-00-7898

February 26, 2001

Application for Approval of Agreements- Technical Correction

PTC COMP 0778

By: David O'Connor

Index