OST Filings for March 5, 2001

OST Docket Filings for March 5, 2001

Last Updated 03/05/01 06:09 PM

Applications and Renewals:

IATA (3) | World/Aer Lingus - New York- Shannon/Belfast Renewal

Answers and Replies:

IATA (2) - Technical Correction | MNG - Reply of Northwest

Notices of Action Taken:

Santa Barbara | United

Notices and Orders:

United vs. EC - Granting Waiver

MNG Airlines Cargo, Inc.

OST-98-4486	March 5, 2001	Reply of Northwest Airlines	U.S. - Turkey
		Service List

MNG seeks expanded exemption authority permitting it to operate scheduled combination service between unlimited U.S. points, including via any intermediate and/or beyond point or points. This authority is beyond the scope of the existing U.S.-Turkey Air Services Agreement, as amended on May 2, 2000. Pursuant to Annex IV of the Agreement, carriers of Turkey may operate scheduled combination services only to a limited number of U.S. points for a transitional period. Beginning April 1, 2001, Turkish Airlines may serve up to four U. S. points, and an additional 10 U. S. points via codesharing. Transitional limits on U. S. points continue through March 31, 2003, subject to additional phased-in increments. The Agreement further limits the number of points via which carriers of Turkey may offer intermediate traffic rights for scheduled combination services.

The U.S.-Turkey Agreement also substantially limits the ability of U.S. carriers to compete in the U.S. Turkey market via third-country codeshare services. The Department currently is engaged in a comparative selection proceeding to select one additional U.S. carrier third-country codeshare designation and 14 additional frequencies available effective April 1, 2001. See Docket OST-01-8781. The limited codeshare frequencies available to U.S. carriers as of April 1, 2001 are substantially oversubscribed. Four U.S. carriers, including Northwest, have filed applications in Docket OST-01-8781 seeking a total of 35 additional weekly frequencies.

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

Index

United Air Lines, Inc. against The European Commission and National Implementing Authorities

Order 01-3-3
OST-98-4030

Issued March 5, 2001
Served March 8, 2001

Order Granting Waiver

Complaint Against European Commission

On February 9, 2001, United offered an additional limited waiver of the statutory deadline through June 4, 2001. United notes that since the filing of its complaint a new Commission is in place and is undertaking a review of the issues that prompted United's complaint. United states that in mid-January 2001, United/Lufthansa/SAS met with the Commission in an effort to bridge differences on a number of specific issues. United further states that, at the request of the Commission, the carriers are preparing a written proposal for the Commission's review and that the parties have arranged for subsequent meetings.

United indicates that it is hopeful that the parties will be able to reach an amicable settlement of their differences, thereby rendering this proceeding moot. However, United notes that it is unlikely to reach a settlement with the Commission before expiration of the current March 6, 2001, extension of the statutory deadline. In order to afford the Commission and the parties an opportunity to resolve this matter, United states that it is prepared to waive the statutory deadline in this matter through June 4, 2001

By: Susan McDermott

Index

Santa Barbara Airlines, C.A.

OST-00-8448

Filed December 1, 2000
Amended February 15, 2001
Issued March 5, 2001

Notice of Action Taken

U.S.- Venezuela

Exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Caracas and Maracaibo, Venezuela, and Fort Lauderdale, Florida; and authority to conduct charters in accordance with Part 212 of the Department's rules. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.

As regards Aeropostal, we note that the carrier has no pending request for Fort Lauderdale authority on file with the Department. Should such a request be filed, we will consider it at that time. In the circumstance presented, however, we see no reason to withhold the requested authority from Santa Barbara.

Based on the record in this case, we found that Santa Barbara Airlines is financially and operationally qualified to perform the services authorized above. In addition, we found that Santa Barbara Airlines is substantially owned and effectively controlled by citizens of Venezuela. Specifically, all of Santa Barbara Airlines' owners and chief management personnel are citizens of Venezuela. The carrier is properly licensed by the Government of Venezuela to perform the proposed services. Santa Barbara Airlines may not conduct U-S. operations with its own aircraft and crews without further order of the Department.

By: Paul Gretch

Index

United Air Lines, Inc.

OST-01-8632

Filed January 5, 2001
Issued March 5, 2001

Notice of Action Taken

U.S.- France Third Country Code-Share Opportunity (2001)

Scheduled foreign air transportation of persons, property, and mail between the United States and France. United intends to operate these services pursuant to a code-share arrangement with Scandinavian Airlines System between the U.S., on the one hand, and Paris and Nice, France, on the other hand, via Copenhagen, Denmark; Stockholm, Sweden; and Oslo, Norway, commencing April 1, 2001.

By Notice dated December 20, 2000, we requested applications from all U.S. carriers interested in making use of additional U.S.-France third-country code-share opportunities. In response to our notice, United filed the application at issue here. Delta filed a contingent request in Docket OST-2000-8207 for a U.S.-France third-country code-share opportunity, stating that it would accept an authorization only if no other competing applications are filed. If competing applications were filed, Delta stated that it would not pursue its application. Against this background, United is the only applicant currently requesting use of a U.S.-France code-share opportunity under the terms of our December 20 Notice.

Under the June 1998 aviation agreement between the United States and France, the United States may, effective April 1, 2001, choose one of the following two rights: (a) designate a fourth U.S. carrier to operate code-share services via an intermediate third-country ;2 or (b) allocate one additional codeshare to one of the three airlines already designated for code-share operations via intermediate third countries.' As United is the only applicant that filed an application to use one of these opportunities, we have decided to allocate one additional U.S.-France code-share opportunity to United to provide third-country code-share service with SAS.

American Airlines, Inc., United Air Lines, Inc., and Northwest Airlines, Inc. are currently authorized to provide third--country code-services. (See Order 98-6-5 and Notice of Action Taken dated February 3, 2000, in Docket OST-99-6540) 3Currently, the codeshares authorized are Northwest/KLM, Northwest/Alitalia, American/Sabena, Arnerican/Swissair, and United/Lufthansa.

By: Paul Gretch

Index

World Airways, Inc. and Aer Lingus Limited

OST-98-3677	March 5, 2001	Application for Renewal	New York- Shannon/Belfast
		Service List

Aer Lingus is offering roundtrip New York-Shannon services continuing to Belfast, and it plans to continue offering such services using its own aircraft as well as aircraft wet-leased from World pursuant to the ongoing wet-lease arrangement between Aer Lingus and World. Although Aer Lingus does not believe additional U.S. authority should be required for its behind-homeland Belfast services, particularly since the U.S.-Ireland agreement has no provision requiring flights to originate or terminate in a carrier's homeland, the Department has granted Aer Lingus an exemption permitting it to offer such service, and Aer Lingus asks the Department to renew that authority if necessary to permit Aer Lingus to continue providing such service.

Counsel: Crowell Moring, Lorraine Halloway, 202.624.2500

Index

International Air Transport Association

OST-00-8283

March 5, 2001

Application for Approval of Agreements- Technical Correction

PTC123 Fares 0052 Corrects TC123

By: David O'Connor

OST-00-8370

March 5, 2001

Application for Approval of Agreements- Technical Correction

PTC COMP 0722 Corrects PTC COMP 0782