OST Filings for March 20, 2001

OST Docket Filings for March 20, 2001

Last Updated 03/21/01 11:43 AM

Applications and Renewals:

Aero Continente - U.S.- Peru Amendment | AirFlorida - Commuter Carrier | Arrow - U.S.- Argentina Amendment | Commander Mexicana - U.S.- Mexico Taxi Renewal

IATA | L.B. Limited - U.S.- Bahamas Permit Renewal | Thai Airways - SEL-OSA/BKK-LAX Renewal

Answers and Replies:

CRS - Comments | DHL - Consolidated Answer of DHL to FedEx | IATA - Technical Correction | SAP - Response

Notices of Action Taken:

Aero Sami - Mexican Taxi

Notices and Orders:

American/TWA - Notice

Aero Continente, S.A.

OST-98-4292	March 20, 2001	Amendment #2 to Application for Exemption-Lifting of Wet Lease Restriction	Miami, Fl- Lima, Peru
		Service List

Aero Continente now wishes to operate aircraft in its own night on its authorized Lima-Miami scheduled services, and hereby seeks a lifting of the wet-lease condition currently imposed on its exemption authority herein. To that end, Aero Continente hereby advises the Department that it has met with the Federal Aviation Administration staff in the Miami International Field Office and Aero Continente has filed its FAA Form 8400-6 Pre-Application Statement of Intent.

Upon the issuance and approval of its FAA Part 129 Operation Specifications and the lifting of the wet lease condition herein, it is Aero Continente's intention to continue with the existing wet-lease arrangement, however Aero Continente intends to supplement its existing Lima-Miami wet-lease operations with other operations using its own aircraft on its authorized routes.

Counsel: Pierre Murphy, 202.872.1679, pmurphy@lopmurphy.com

Index

Aero Sami, S.A. de C.V.

OST-00-8373

Filed November 21, 2000
Issued March 20, 2001

Notice of Action Taken

U.S.- Mexico

By: Paul Gretch

Index

AirFlorida Express, Inc. d/b/a Air Florida

OST-01-9214	March 20, 2001	Application for Authority to Conduct Schedule Passenger Operations as a Commuter Carrier	Schedule Passenger Operations
		Attachments: Required Information
		Attachment: Agreement
		Attachment: Financials
		Attachment: Description of Aircraft, Flight Itinerary
		Service List

Applicant requests authority to engage in scheduled passenger operations as a commuter and proposes to operate scheduled daily Flights between Fort Lauderdale Hollywood International Airport and Marathon Airport in Florida.

Air Florida was formed by Saulat Khan in August 1988. She remains 100% stock holder of the company to date. Growth of Air Florida has been slow but consistent. Air Florida has been able to pay off the two Cessna 402C aircraft in full. Air Florida has only single payment on the newly acquired Cessna 208. Air Florida's Financial reflects an efficiently managed company. Air Florida has excellent standing in the south Florida with all agencies, customers, employees and vendors.

Dot data ranks FLL airport the fastest growing airport in the US. It is conveniently located at Second largest CruisePort in the world. Fort Lauderdale is a Major Hub for connections to domestic and European and Canadian Market moves over 15 million passengers annually. Last Year passenger travel out of FLL increased by 21% as compared to previous year.

There is no regular everyday schedule flight service available at Marathon. The closets point of service is Key West Florida which is over (1) hour driving distance. Key West Airport has no room for expansion. Over 3,000,000 visitors travel to the Florida Keys every year.

Counsel: Air Florida, Saulat Khan, 305.888.1979

Index

American Airlines, Inc. and TWA Airlines LLC, and Trans World Airlines, Inc.

OST-01-9027

Served March 20, 2001

Notice

Transfer of Certificate and Related Exemptions

On February 28, 2001, American Airlines, Inc.., TWA Airlines, LLC and TWA Airlines, filed an application requesting that the Department transfer the certificates and other authorities held by TWA to LLC and American jointly pending the merger of TWA's operations with American's. Answers in support of the request were filed by City of St. Louis and St. Louis Airport Commission, Replies to answers to the transfer filed in Docket OST-01-9027 will be due by close of business on March 28, 2001.

After reviewing the Applicants' motion, we have decided to grant their request for a shortened reply period. As noted above, no answers were filed opposing the request. We are also sensitive to the desire of the Applicants to obtain a decision from us on the requested transfer of authority as expeditiously as possible. Moreover, we have no information indicating that the ability of interested parties to comment on the application will be unduly harmed by shortening the reply period.

By: Randall Bennett

Index

Arrow Air, Inc.

OST-96-1013	March 20, 2001	Application for Amendment of Exemption Authority	U.S.- Argentina All-Cargo Frequencies
		Service List

Requesting an amendment of its exemption last issued by Order 97-3-6, authorizing U.S.-Argentina scheduled all-cargo exemption authority between any point or points in the United States, via intermediate points, to any point or points in Argentina and beyond, and to integrate this authority with its existing exemption and certificate authority.

Since the time when Arrow's Argentina authority was originally granted herein, the old bilateral limitations on all-cargo operations to Argentina have been lifted and in 1999 a new Memorandum of Consultations was concluded eliminating route and frequency limitations. See: August 12, 1999 Memorandum of Consultations and amendments to the 1995 U.S.-Argentina Air Transport Agreement. A number of U.S. carriers subsequently applied for and were granted the broad authority afforded the carriers of both the U.S. and Argentina by the MOC. Prior to its merger into Arrow, Fine Air Services, Inc. was awarded broad U.S.-Argentina authority in Docket OST 99-6637. See: Notice of Action Taken dated December 29, 1999.

At the time of last year's merger of the Certificates, Exemptions and operations of Fine Air Services, Inc. into Arrow Air, Inc., the broader Argentina authority held by Fine was not transferred to Arrow since it was viewed as being duplicative.

In light of the broader and expanded bilateral opportunities afforded the carriers of both the U.S. and Argentina, Arrow hereby amends its April 9, 1998 renewal application herein, and requests that the authority granted be consistent with the new expanded rights available under the MOC and not be limited to the Miami-Buenos Aires route previously authorized.

Counsel: Pierre Murphy, 202.872.1679, pmurphy@lopmurphy.com

Index

Commander Mexicana, S.A. de C.V.

OST-97-2245	March 20, 2001	Application for Renewal of Exemption	U.S.- Mexico Charters
		Exhibit A: Changes in Operations
		Service List

Counsel: Roller Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com

Index

Compliance with U.S.- Citizenship Requirements of DHL Airways, Inc. and DHL International E.C. and DHL Airways, Inc.

OST-00-6937 OST-01-8736	March 20, 2001	Consolidated Answer of DHL Airways to Motions, Comments, Petitions, and Requests of Federal Express	Third Party Complaint; U.S.- Kuwait; Brussels- Bahrain- Dubai- Kuwait
		Service List

Because the two pleadings are based on the same factual misunderstanding, and to avoid further cluttering the dockets with additional and unnecessary pleadings, DHL Airways, Inc., files this Answer in both dockets to reiterate its strong opposition to the ceaseless efforts of Federal Express to impugn Airways' fitness. For reasons explained here and elsewhere, Airways urges that the Department reject and/or deny these latest Federal Express Motions, Comments, Petitions, and Requests of Federal Express.

For reasons unknown to Airways, Federal Express has embarked upon a campaign to attack Airways before the Department at every turn. Airways can only speculate what additional surprises Federal Express has in store as it continues its unprincipled attack on a small competitor and on freight competition in the domestic market. The Department should not sanction this continued abuse of process and should accordingly dismiss Federal Express' complaints, petitions and requests in these two dockets.

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

Deutsche Post Agrees to Split in Two To Avoid Further Antitrust Scrutiny - Wall St. Journal Article

Index

Computer Reservations Systems (CRS) Regulations

OST-01-9054

March 20, 2001

Comments of the American Society of Travel Agents

CRS Regulations

ASTA has read the comments of the Air Carrier Association of America and, as previously stated in comments filed over the years, we agree with them.

Counsel: ASTA, Paul Ruden

OST-01-9054

March 20, 2001

Comments of the Interactive Travel Services Association (ITSA)

CRS Regulations

In response to DOT's decision to extend the Computer Reservations Systems (CRS) regulations, the Interactive Travel Services Association (ITSA) provides the following comments. DOT states that the principle reason for extending the rules is the need to protect airline competition and consumers against unreasonable and unfair practices. Orbitz, the joint venture Web site owned by the five largest U.S. airlines, is a threat to both competition and consumers. Many parties, including Members of Congress, 23 state attorneys general, small airlines, consumer groups, travel agents, CRS vendors, and online agents have raised serious concerns about the impact on competition from the implicit and explicit agreements that provide Orbitz with exclusive access to discount Internet airfares.

ITSA is encouraged that DOT recognizes the need to complete its review of Orbitz and act before the completion of the overall reexamination of the rules.

With the beta test of Orbitz now underway and the full launch scheduled for June 2001, it is imperative that DOT act expeditiously. As DOT Inspector General Mead said, "History has shown how difficult it is to fix problems with airline competition after they occur. If protections against abuse can be instituted early in the game, mistakes of the past can be avoided."

Counsel: ITSA, Antonella Pianalto

OST-01-9054

March 20, 2001

Comments of the National Business Travel Association

CRS Regulations

Our position is unique in this dialogue today. NBTA represents corporate travel managers and their companies that operate throughout the world. They and our colleagues throughout the world account for about 50% of the $396 billion that is spent annually on business travel worldwide and send over 44 million travelers through our nations' air transportation system. Within NBTA are all the major travel suppliers as well. Our organization serves as a forum for bringing together all components of the travel marketplace--not only to work on travel arrangements--but to address major issues as well. Even though we may not agree completely on some issues, NBTA is dedicated to one collective goal: ensuring that travel is safe, efficient, and cost effective.

Today's environment magnifies the important role of corporate travel managers and their ability to maximize return on investment and enhance corporate productivity. CEOs of prominent corporations realize that business travel is responsible for key missions across the entire corporation. Business travel is a core function meant to contribute value to all other elements of a company's productivity as well as its bottom line.

Corporations pay a disproportionate share for airfares when contrasted to the amount that leisure travelers pay for their airline tickets. Often business travel fares are four times as much as leisure fares because of the price of the airline ticket and the accompanying federal passenger taxes.

NBTA believes the DOT should immediately suspend Section 255.10 because the regulation currently opens the door for carriers to monitor the ticketing activities of travel agencies and major corporations.

Counsel: NBTA, Marianne Mcinerney, 703.684.0836

OST-01-9054	March 20, 2001	Comments of Sabre Inc.	CRS Regulations
		Appendixes 1-5: Letters
		Appendix 6-9: News Articles, Letters

Counsel: Sabre, David Scharte

Index

L.B. Limited

OST-95-477	March 202, 2001	Application for Renewal of Foreign Carrier Permit	U.S.- Bahamas
		Attachment: License Issued 2/08/99
		Service List

L.B. Limited respectfully requests that the Department of Transportation renew its Foreign Air Carrier Permit to permit LB to continue to provide: (a) foreign air transportation of persons, property and mail between Nassau and Freeport, The Bahamas, on the one hand, and the U.S. coterminal points described herein, on the other hand; and (b) charter foreign air transportation of persons, property and mail, between points in the Bahamas, on the one hand, and points in the United States, on the other hand. In the alternative, LB requests such other, further or different relief as the Department may deem necessary and proper.

Counsel: Pierre Murphy, 202.872.1679, pmurphy@lopmurphy.com

Index

Servicios Aereos Profesionales, Inc.

OST-00-6978
OST-00-6979

March 20, 2001

Response of SAP

U.S.- Dominican Republic

This is in response to your letter dated March 6, 2001. As we recently discussed, my client will need additional time to respond to DOT's Information Request. The information requested in the sections titled "General Information" and "Management and Key Technical Personnel" may not take very long to compile. However, the information requested in the "Financial Position and Operating Plans" section will take substantial time to complete. In the context of responding to the most recent IR, SAP is currently operating with two significant handicaps. The first handicap is the unavailability of Alex Patin. He was just recently released from the hospital after being, treated for pneumonia and other complications. It is not certain when he will be available to assist in compiling the necessary information. The second handicap is the need to search for a new accountant. I understand from SAP that the previous accountant, Mr. Pinales, has been tenninated, and a search will have to be undertaken for his replacement. It will take a new accountant additional time to prepare the 1999 and 2000 financial statements DOT has requested. Under these circumstances, SAP has suggested that I request an extension until May 31, 2001 to respond to DOT's latest inquiries. Please let us know if this is agreeable to DOT. Feel free to contact me if you want to discuss this request.

By: Yodice Associates, Raymond Speciale, 301.695.2375

Index

Thai Airways International Public Company Limited

OST-95-338	March 20, 2001	Application for Renewal of Exemption	Seoul-Osaka, Bangkok-Los Angeles
		Service List

Thai has operated combination services between Bangkok and Los Angeles via Osaka. Thai wishes to continue offering such services and, accordingly, hereby requests renewal of its exemption authority to conduct scheduled combination services via Osaka. Although Thai is not currently conducting combination services via Seoul or all-cargo services via Osaka, it has done so in the past and may seek to do so again, and therefore asks that these portions of its exemption authority also be renewed.

Specifically, Thai's permit states: "Thai Airways ... is authorized ... to engage in scheduled foreign air transportation of persons, property and mail ... between the terminal point Bangkok, Thailand via the intermediate points Tokyo, Japan and Seattle, Washington, and the coterminal point Los Angeles, California and one additional point in the United States." Order 80-9-74. Thai also has on file with the Department an application for a new foreign air carrier permit that would vest Thai with the full range of authority that the United States agreed to grant designated carriers of Thailand in the bilateral air services agreement concluded in 1996.

Counsel: Wilmer Cutler, Karan Bhatia, 202.663.6000, kbhatia@wilmer.com

Index

International Air Transport Association

OST-01-8837

March 20, 2001

Application for Approval of Agreements- Technical Correction

PTC3 0482 Corrects PTC3 0467

By: David O'Connor

OST-01-8838

March 20, 2001

Application for Approval of Agreements- Technical Correction

PTC3 Fares 0146 Corrects PTC3 Fares 0144