Application
for Renewal of Exemption© Copyright 2001 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for March 12, 2001 |
Last Updated 03/13/01 05:40 PM
Applications and Renewals:
ASER - U.S.- Mexico | C.A.L. Cargo - New York (JFK)- Tel Aviv | IATA | Winnport - U.S.- Canada Renewal
Answers and Replies:
Air India - Answer of Northwest | EAS at Adak, Alaska - Letter confirming Oral Grant | Emery - Supplement
IATA - Technical Correction | Malaysia Airlines - Answer of Northwest
Notices of Action Taken:
Notices and Orders:
Hong Kong - Instituting Proceeding | Williams/Young vs. Delta - Dismissal
Aero Servivios Regiomontanos S.A. de C.V.
| OST-99-6718 | March 12, 2001 | Application
for Renewal of Exemption |
U.S.- Mexico |
| Exhibit A: Ownership | |||
| Exhibit B: International Air Taxi Permit | |||
| Exhibit C: List of Key Personnel | |||
| Exhibit D: Financial Statement | |||
| Exhibit E: Certificate of Insurance |
Counsel: Aero Azteca, Eugene Smith
| OST-01-8976 | March 12, 2001 | Answer of Northwest Airlines |
Exemption Permitting Scheduled Service Over a Los Angeles-Malaysia-India Routing Pursuant to a Codeshare Agreement |
| Service List |
Air-India seeks exemption authority to enable it to display its "Al" airline designator code on flights operated by MAS between Los Angeles, California and Kuala Lumpur, Malaysia, on the one hand, and between Kuala Lumpur and Mumbai, Bangalore, and Hyderabad, India, on the other hand. Air-India also intends to exercise fifth freedom traffic rights between Los Angeles, California and Kuala Lumpur, Malaysia.
Air-India asserts in its application that the exemption authority it seeks is "an essential element to the enhancement of codesharing operations authorized by the [U.S.-India] MOC", and that "approval of Air-India's request, therefore, would be consistent with the Department's statutory obligation to act consistently with the obligations of the United States Government under an international agreement." What Air-India fails to acknowledge is that the Government of India is in violation of the very same provision of the MOC upon which Air-India's application is predicated. Northwest presently operates flights between the United States and India, via Amsterdam. Northwest has a longstanding interest in displaying the airline designator code of its alliance partner, KLM, on these Northwest operated flights. Unfortunately, the Government of India has refused to authorize these Northwest/KLM codeshare services. Northwest's proposed codeshare services with KLM are absolutely consistent with the codesharing provision contained in the December 2, 1995 Memorandum of Consultations between the United States and India.
During the November 1999 U.S.-India bilateral talks, U.S. negotiators communicated clearly to the Government of India that the U.S. views India's refusal to permit Northwest to display KLM's code on Northwest's Amsterdam-India flights to be inconsistent with the codesharing provision of the MOC. It is important that the U.S. hold its ground on this point as the implications go beyond the U.S.-India relationship. The codeshare language in the U.S.-India MOC is modeled after what has become standard codeshare language in U.S. open skies agreements. Were the U.S. to concede to India's position in this case, it would risk denigrating the liberalized codeshare rights the U.S. has successfully negotiated with, at last count, 52 U.S. open skies trading partners.
Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com
| OST-00-7344 | Filed May 9, 2001 Issued March 12, 2001 |
Notice of Action Taken |
U.S.- Mexico Charter Air Transportation |
By: Paul Gretch
| OST-01-9137 | March 12, 2001 | Application for an
Exemption |
Tel Aviv and New York (JFK) via Liege, Belgium |
| OST-01-9137 | March 12, 2001 | Motion to Shorten the
Answer Period |
Tel Aviv and New York (JFK) via Liege, Belgium |
| Service List |
C.A.L. Cargo Air Lines Ltd. hereby submits this Application, pursuant to 49 U. S.C. § 40109(c) and the Economic Regulations of the Department, for an exemption to provide foreign air transportation of property and mail between Tel Aviv and New York (JFK) via Liege, Belgium. As C.A.L. recently has become aware of additional service opportunities, it wishes to begin this transportation on Wednesday, March 14, 2001. C.A.L. will poll all carriers on the attached service list and advise the Department of the results.
Counsel: Condon Forsyth, Evelyn Sahr, 202.289.0500
Emery Worldwide Airlines, Inc.
| OST-99-5415 | March 12, 2001 | Supplement to Application |
Dayton - Monterrey |
| Service List |
At the Department's request, Emery Worldwide Airlines clarifies that its March 1, 2001 application seeks renewal of Emery Air's exemption authority to provide scheduled foreign air transportation of property and mail between the terminal point Dayton and the terminal point Monterrey and to combine this authority with Emery Air's certificate authority to serve Laredo-Monterrey and Dayton-Mexico City/Guadalajara.
Counsel: Crowell Moring, Lorraine Halloway, 202.624.2538
Essential Air Service at Adak, Alaska
| OST-00-8556 | March 12, 2001 | Letter of Peninsula
Airways Service Confirming Oral Grant |
Essential Air Service at Adak, Alaska |
Counsel: Shaw Pittman, Robert Cohn, 202.63.8060
Hong Kong Fifth Freedom All- Cargo Proceeding
| Order 01-3-10 OST-95-764 |
Issued March 12, 2001 Served March 12, 2001 |
Order Instituting
Proceeding |
Hong Kong- Manila |
| Attachment: Frequencies, Evidence Request |
We have decided to institute the 2001 Hong Kong Fifth-Freedom All-Cargo Frequencies case to select a carrier or carriers to operate the three weekly Hong Kong fifth-freedom frequencies that are currently available. The subject fifth-freedom all-cargo traffic rights constitute valuable service opportunities in conjunction with service in the U.S.-Hong Kong market. Six U.S. carriers have applied to use these limited opportunities, seeking a greater number of frequencies than are available. In these circumstances, we believe that the public interest is best served by instituting a comparative proceeding to determine how these frequencies should be allocated.
As we have already solicited applications from U.S. carriers interested in allocation of these frequencies, we will not solicit further applications to use the available frequencies. In allocating the available frequencies, our principal objective will be to maximize the public benefits that will result from award of the authority in this case. In this regard, we will consider which applicants will be most likely to offer and maintain the best service for the shipping public. We will also consider the effects of the applicants' service proposals on the overall competitive environment, including the market structure and the level of competition in the U.S.-Asia market, and on any other market shown to be relevant, and also including, where relevant, the positive effect on each applicant's operations in Asia. In addition, we will consider other factors historically used for carrier selection where they are relevant.
We will not place at issue the selection of backup carriers for these frequencies. We caution carriers, however, that frequencies may not be held indefinitely if not used. Consistent with our current practice, the frequencies allocated in this proceeding will be for an indefinite term, provided that the carrier continues to hold the underlying economic authority for the specific markets authorized. The frequencies to be awarded will also be subject to our standard 90-day dormancy condition, whereby the frequencies will be deemed dormant if they are not operated for 90 days in the market authorized, except where service in the market is seasonal. In all such instances of seasonal service, however, a carrier must notify the Department that its operations are of a seasonal nature; otherwise, the dormancy condition will apply. Under the dormancy condition if flights allocated are not used for 90 days, the frequencies expire automatically, and the frequencies revert to the Department for reallocation so that they can be available for other carriers immediately.
By: Susan McDermott
Malaysia Airlines / Air India Limited
| OST-01-8975 | March 12, 2001 | Answer of Northwest Airlines |
Statement of Authorization / Codeshare with Air India |
| Service List |
Northwest Airlines, Inc. hereby submits this answer to the application of Malaysia Airlines for a statement of authorization to allow MAS to display the airline designator code of Air-India Limited on flights operated by MAS between the U.S. and India and between the U.S. and Malaysia. Northwest today is filing an objection to the companion application of Air-India in Docket OST-0 1 -8976, and urges the Department to deny the above-captioned application of MAS for the reasons stated in Northwest's answer to Air-India's application.
Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com
Williams, Billy J, and Young, Patricia L, vs. Delta Air Lines
| Order 01-3-9 OST-00-7891 |
Issued March 12, 2001 Served March 12, 2001 |
Order of Dismissal |
Intentional Discrimination Against Individuals Whose Disabilities Are Caused or Exacerbated by Environmental Tobacco Smoke |
By: Randall Bennett
| OST-00-7055 | March 12, 2001 | Application for Renewal of Exemption Authority |
U.S.- Canada Charters |
By this application, Winnport seeks to renew its exemption authority to engage in charter foreign air transportation of property and mail between any point or points in Canada and any point or points in the United States, as well as charter foreign air transportation of property and mail between the United States and third countries subject to 14 C.F.R. Part 212. The authority was granted by Notice of Action Taken, dated April 6, 2000, and is set to expire on April 6, 2001. Winnport has utilized the authority to transport cargo between Canada and the U.S. and it desires to continue to make that service available to the shipping public. Consequently, it seeks renewal of the exemption for an additional year.
Counsel: Verner Liipfert, John Meitus, 202.371.6000
International Air Transport Association
| OST-01-9077 | March 12, 2001 | Application for Approval of Agreements- Technical
Correction |
PTC12 NMS-ME 0134 corrects PTC12 NMS-ME 0128 |
By: David O'Connor
| OST-01-9133 | March 12, 2001 | Application for Approval of Agreements |
PTC2 AFR 0101 |
By: David O'Connor
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