OST Filings for March 9, 2001

OST Docket Filings for March 9, 2001

Last Updated 03/11/01 10:41 PM

Applications and Renewals:

Polar (2)- U.S.- Saudi Arabia/Africa Dormancy Waiver

Answers and Replies:

American/Turkish - Joint Reply of AA/Turkish | DHL (2)- Motions of Federal Express

Notices of Action Taken:

None

Notices and Orders:

IATA

Form 41's:

Southwest

American Airlines, Inc. and Turkish Airlines and Turkish Airlines (Turk Hava Yollari, A.O.)

OST-00-7151 OST-00-7154	March 9, 2001	Motion for Leave to File and Joint Reply	U.S.- Turkey Codesharing
		Service List

United took the same position against a recent application by Delta Air Lines, Inc. and El Al for bilateral codesharing between the U.S. and Israel (OST-01-8772), arguing that approval for Delta/El Al should be deferred until the Department has made final awards in U.S.-Israel Third-Country Codeshare Opportunities (2001) (OST-01-8726). The Department declined to accept United's contention.

In granting codeshare authority to Delta and El Al by Notice of Action Taken, March 2, 2001 (OST-01-8772), while the U.S.-Israel third-country codeshare proceeding remains pending, the Department said:

"With respect to the concerns raised by United and Northwest, we are actively processing the U.S.-Israel third-country codeshare proceeding (Docket OST-2001-8726) to authorize selected U.S. carriers (and their codeshare partners) to conduct code-share services in the U.S.-Israel market. In the meantime, however, we find that it would not be consistent with the public interest to with-hold the bilaterally-agreed authority soucrht here, and for which the record is otherwise complete, pending disposition of that proceeding".

The Department should reach the same result with respect to bilateral codesharing between American and Turkish Airlines. The requested authorizations are clearly allowed by the U.S.-Turkey agreement, and the implementation of rights granted to carriers of both sides should not be delayed pending the completion of other proceedings. For the foregoing reasons, the captioned applications by American and Turkish Airlines should be granted promptly, and United's opposition should be rejected.

Counsel: Zuckert Scoutt, Charles Simpson, 202.973.7926, cjsimpson@zsrlaw.com and American, Carl Nelson, 202.496.5647, carl_nelson@aa.com

Index

DHL Airways, Inc.

OST-00-6937	March 9, 2001	Motion of Federal Express for Leave to File an Otherwise Unauthorized Petition for Review of Staff Action, and Request to Revoke Exemption Authority	U.S.- Kuwait via Brussels and Bahrain
		Exhibit A: OST-00-6937 Application Filed Feb 14, 2000
		Exhibit B: OST-99-5463 Application Filed March 30, 1999
		Service List

In light of the substantial public evidence showing that DHL Airways fails to comply with U.S. citizenship requirements,' Airways' failure to establish that it is a citizen is more than a mere oversight, and provides good cause for the Department to review the staff's action in this docket. Moreover, as the Department itself has noted, the issues regarding the application of Airways' stated owner, DHL Worldwide Express, Inc., are complex and need to be considered. FedEx urges the Department to exercise its discretion to review and to revoke the exemption renewal granted in this docket because the application fails, to inform the public and the Department that the citizenship of DHL Airways and its stated owner, DHL Worldwide Express, Inc., has changed. The Department's Notice of Action Taken expressly reserves the Department's power to amend, modify, or revoke the exemption authority, without a hearing.

Counsel: Federal Express, Rush O'Keefe, 901-434-8586

OST-01-8736

March 9, 2001

Motion for Leave to File an Otherwise Unauthorized Document and Comments of Federal Express

Compliance with U.S. Citizenship Requirements of DHL Airways

This case is not a continuing fitness case. It is a proceeding to enforce compliance with the requirements of federal law. It was precipitated, in part, by the representation to the Department filed by a DHL entity that: DHL Worldwide Express, Inc. at present, conducts ... direct air carrier operations under the authority of DHL Airways, Inc. Either that statement in support of an application is false and therefore in violation of federal law, or it is a true statement of a more serious violation. According to the same letter, DHL Worldwide Express, Inc. was then, and is now, a non-citizen and cannot lawfully conduct direct air carrier operations under any authority.

Counsel: Federal Express, Rush O'Keefe, 901-434-8586

Index

Polar Air Cargo, Inc.

OST-97-2939 OST-98-3652	March 9, 2001	Application for Waiver of Dormancy Conditions	U.S.- Netherlands/Egypt/Ethiopia/Kenya /Uganda/Zimbabwe/South Africa and U.S.- Saudi Arabia
		Service List

Due to market conditions and restrictions on Polar's service via Nairobi and Harare, Polar was forced to temporarily suspend its Africa operations. By Notice of Action Taken dated March 10, 2000, the Department granted Polar a waiver from the dormancy conditions on its two U.S.-Saudi Arabia and two U.S.-South Africa frequencies effective through January 10, 2001, to coincide with the dormancy waiver attached to Polar's third U.S.-South Africa frequency.

Polar continues to actively pursue reintroduction of U.S.-Africa service, whether on its own or in alliance with another air carrier. With political conditions in Zimbabwe unchanged, Polar has explored alternative patterns of service over a variety of routings to re-enter the Africa market. Plans are again being advanced to commence service with the start of the growing season (September-October) and require the rights at issue. In order to remain positioned to reenter the market whe n its plans are finalized, Polar requests a waiver of the dormancy conditions on its frequency allocations through January 10, 2002. Absent a waiver, Polar's three U.S.-South Africa and two U.S.-Saudi Arabia all-cargo frequencies would revert to the Department on April 11, 2001.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com

Index

Southwest Airlines, Inc.