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OST Filings by Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day

Last Updated 04/02/01 03:10 PM

Applications and Renewals: 

Alaska - Washington DC- Seattle | ATA - Chicago Grand Cayman | Atlas - U.S.- Brazil | Delta/China Southern - U.S.- China | Frontier - DCA- DEN | IATA

Ogden Flight - Startup | Polynesian - Honolulu- New Zealand | United - Washington DC- LA

Answers and Replies: 

Northwest/Air China - Answer of Delta | TWA (5)- Answers of Alaska/Delta/Frontier/TWA/United

Notices of Action Taken:

Aero Servivios | Aeromexico | Aeromexico/Delta | MNG

Notices and Orders:

Commutair - Selecting Carrier | CRS - Extension of Regulations | IATA

Form 41's:

American (2) | American Eagle (2) | US Airways

Aero Servivios Regiomontanos S.A. de C.V.

By:  Paul Gretch

Index

Aerovias de Mexico, S.A. de C.V.

By:  Paul Gretch

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Aerovias de Mexico, S.A. de C.V. and Delta Air Lines, Inc.

By:  Paul Gretch

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Alaska Airlines, Inc.

Hereby requests an exemption from 14 C.F.R. 93, Subparts K and S to the extent necessary to permit Alaska to operate one roundtrip flight daily between Ronald Reagan Washington National Airport and Seattle, Washington utilizing B737-700 aircraft. Alaska's proposed services to Seattle would bring the convenience of new nonstop service to thousands of passengers traveling between the East Coast and Pacific Northwest of the United States, and would unquestionably generate significant public benefits through maximum utilization of the two slots held previously by Trans World Airlines, Inc.

Counsel:  Squire Sanders, Marshall Sinick, 202.626.6651

Index

American Airlines, Inc.

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

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

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American Eagle Airlines, Inc.

Counsel:  American, Carl Nelson, 202-496-5647, carl_nelson@aa.com

Counsel:  American, Carl Nelson, 202-496-5647, carl_nelson@aa.com

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American Trans Air, Inc.

Counsel:  ATA, Brian Hunt, 317.240.7006

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Atlas Air, Inc. and U.S.- Brazil All Cargo Frequencies and Designation

Pursuant to 49 U.S.C. §40109(c), Atlas Air, Inc. requests: (1) an emergency exemption to provide foreign scheduled air transportation of property and mail between Miami, on the one hand, and Manaus, Sao Paulo and Rio de Janeiro, Brazil, on the other, via points in South America and beyond Brazil to such points, on a pendente lite basis until issuance of a final order in the U.S. -Brazil All-Cargo case; (2) the temporary assignment of ten weekly frequencies for its services; and (3) prompt transmittal, through diplomatic channels, of a formal U.S. government note designating Atlas as the fourth U.S. scheduled all-cargo airline to serve Brazil. To accommodate the need for quick relief, Atlas also asks that the Department establish Wednesday, April 4, as the due date for answers to this application.

Counsel:  Verner Liipfert Russell Pommer, 202.371.6000

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Commutair

By this order we are selecting Champlain Enterprises, Inc., d/b/a CommutAir to provide essential air service (EAS) at Utica/Rome, New York, consisting of two nonstop round trips per day to New York City (JFK) for $1,133,415 annually.

By:  Susan McDermott

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Computer Reservations System Regulations

We proposed again to change the expiration date for our CRS rules to March 31, 2002, so that the rules would remain in effect while we complete our reexamination of the need for the rules and their effectiveness. 66 FR 13860 (March 8, 2001). We could not finish the steps required for our overall reexamination of our rules by the current expiration date, March 31, 2001. In addition, we wished to complete our informal studies of airline distribution developments before we determine whether to propose readopting the rules.

We are well aware that we need to reexamine the rules in light of recent developments, such as the growing use of the Internet and the weakening of ties between some of the systems and their former airline owners. 66 FR 13862. We noted, however, that most of the parties that responded to the advance notice of proposed rulemaking and the supplemental advance notice of proposed rulemaking had alleged that the rules remained necessary, and most of them urged us to strengthen them further to protect airlines and travel agencies against potential abuses by system owners.

We are not suspending section 255.10(a) as requested by the Air Carrier Association. A suspension of the section would not achieve the result sought by the Association, the denial of access by large airlines to the marketing and booking data produced and sold by the systems. Suspending the section would only end the systems' obligation to make the data available to all participating airlines. Unless we adopted a rule prohibiting the release of the data, the systems would be able to continue selling it to airline and non-airline firms. We recognize the importance of reexamining the provision, as we stated in our original advance notice of proposed rulemaking, 62 FR 47610, and we intend to see whether we should change the systems' obligation and ability to sell marketing and booking data. We prefer to do so in the context of our overall reexamination of the rules, since we must also consider the arguments made by United and others that the rules should be terminated. The Association based its request on the need for the Department to take steps to promote a competitive airline industry. We agree that we have a responsibility to ensure competition, and we are considering options for carrying out that responsibility. As we noted, we have issued a supplemental notice last year asking the parties to update their comments in light of recent developments, and we are completing our informal studies of airline distribution. These steps will enable us to move forward promptly on the rulemaking. 66 FR 13862.

By:  Susan McDermott

Index

Delta Air Lines, Inc. and China Southern Airlines Company Limited

An exemption to Delta under 49 U.S.C. § 40109(c) to permit Delta to engage in scheduled foreign air transportation of persons, property, and mail between Fuzhou, Kunming, Nanning, Wuhan, Guilin, Haikou, Chongqing, Shantou, Changsha, on the one hand, and points in the United States, on the other hand, under a codeshare arrangement with China Southern; and

A statement of authorization to China Southern under 14 C.F.R. § 212.9 authorizing China Southern to display Delta's "DL" designator code on China Southern's flights between Fuzhou, Kunming, Nanning, Wuhan, Guilin, Haikou, Chongqing, Shantou, Changsha, on the one hand, and Guangzhou, on the other hand, in connection with air transportation of persons, property and mail between the United States and China under a codeshare arrangement with Delta.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

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Frontier Airlines, Inc.

Frontier proposes that the Department award it the two former TWA slots with a start date of June 7, 2001, and that Frontier be allowed to operate the two slots through September 30, 2001. If the Department has not concluded its Order permanently awarding the two slots prior to August 15, 2001, Frontier would be allowed to continue to operate the two slots until the Department has provided Frontier with a 60-day notice that the slots will be utilized by another carrier.

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7501

Index

MNG Airlines Cargo Inc.

By:  Paul Gretch

Index

Northwest Airlines, Inc. and Air China International Corp.

In light of the current limitation of nine additional interior codeshare points in China, there will not be sufficient opportunities to accommodate the first choice selections of both Northwest/Air China and Delta/China Southern. Therefore, Delta opposes the Northwest/Air China application to the extent it seeks to serve points other than those named by Delta above.

The Department should give the highest priority consideration to the cities named by Delta. Northwest is already a major incumbent U.S.-China service provider, with the important advantage of being able to operate its own aircraft, which Delta is prevented from doing because of bilateral designation limitations. The Department can best foster and promote competition by affording Delta, a relatively small U.S.-China new entrant, the opportunity to serve its highest priority interior Chinese cities.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

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Ogden Flight Services Group, Inc.

For the past fifteen years, FSG has engaged in on-demand air taxi operations pursuant to a Part 135 air carrier operating certificate. Operating from its base in Stratford, Connecticut, FSG has conducted Part 135 operations using a wide range of multiengine jet aircraft. FSG has operated these aircraft to destinations throughout the U.S., the Caribbean, on transatlantic charters to points in Europe, and to a multitude of other international destinations.

These plans require that FSG obtain Part 121 operating authority and certificates of public convenience and necessity to conduct domestic and worldwide charter services. Initially, FSG plans to commence Part 121 operations with a leased Boeing B737-300 aircraft. Subsequent operations may involve Boeing B757 aircraft as well.

FSG is a wholly-owned subsidiary of Operator Holding, Inc., a Delaware corporation ("Operator Holding"). Operator Holding is jointly owned by Aviation Holding, Inc. (75%) and PrivatAir, S.A. (25%). In turn, Aviation Holding, Inc. is a U.S. citizen owned by a number of institutional investors none of which has an ownership share of ten percent or more. PrivatAir S.A. is an operator of commercial air transportation licensed by the civil aviation authorities of Switzerland. In February 2001, the Department granted PrivatAir an exemption to engage in foreign charter air transportation. As the result of an ownership change in December 2000, FSG's ownership structure was recently reviewed by the Department's Assistant General Counsel for International Law.

FSG also will lease a Boeing B737-300. The B737-300 will be leased to FSG by PrivatAir S.A. This aircraft is registered in Switzerland but may be operated by FSG for commercial services in the U.S. pursuant to 14 C.F.R. Part 375.

Counsel:  Zuckert Scoutt, Malcolm Benge, 202.298.8660

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Polynesian Limited

Polynesian Limited hereby requests an exemption from 49 U.S.C. 41301 and from any other provisions of Title 49 and the Economic Regulations of the Department of Transportation to the extent necessary to permit it to engage in the scheduled foreign air transportation of persons, property and mail between Honolulu, Hawaii and Auckland/Wellington/Christchurch, New Zealand via Apia, Samoa. Polynesian requests that any exemption granted by the Department pursuant to this application remain in effect for a period of at least one year. Polynesian expects to commence single flight number service between Honolulu and Auckland/Wellington/Christchurch via Apia within forty-five days of the Department's approval of this application.

Counsel:  Squire Sanders, Charles Donley, 202.626.6600

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Trans World Airlines LLC

Indeed, as a graphic demonstration to the Department of the priority Alaska has attached to establishing that the Seattle gateway and Alaska can better maximize the pro-competitive use of these two "beyond perimeter" DCA slots, Alaska seriously considered pursuing Seattle gateway-DCA service on a pendente lite basis. Alaska. however, recognized that the Department would find it extremely difficult on an interim basis to shift that service to another gateway regardless of the comparative merits of the various other gateways and other carriers seeking these two TWA Los Angeles-DCA beyond perimeter slots. At the same time, it is virtually certain that the proceeding for the long-term award of these "beyond-perimeter" slots will be hotly contested. The Department should therefore not be placed in the extremely difficult position of twice having to make new carrier selection decisions within the next 60-90 days on these two slots. Provided the Department conducts its long-term carrier selection proceeding on an expedited schedule, Alaska has reluctantly concluded that the most prudent course would be for the Department to simply allow American to operate TWA's two slots subject to appropriate conditions to minimize the prejudicial effect on the other carrier applicants, including Alaska, of granting this authority even on just a pendente lite basis.

American's pendente lite exemption application raises all of the problems of prejudice associated with the potential award of interim authority to a carrier which will also be among the applicants for the long-term authorization. The Department and, before it, the Civil Aeronautics Board always evidenced great sensitivity to the obvious prejudicial impact of granting such authority on an interim basis to one among several competing carriers and, on a number of occasions, declined to make any interim award to avoid just such prejudice.

Counsel:  Squire Sanders, Marshall Sinick, 202.626.6651

In light of the fact that the TWA/American acquisition has been approved by the bankruptcy court, and that the Justice Department has advised that it will not oppose the transaction, the circumstances foreseen by the Department when it issued the cautionary letter to American and TWA have now come to pass. All interested parties in this proceeding, including TWA LLC and American, agree that a carrier selection case is now necessary to reallocate the former TWA slot exemptions. TWA LLC requests the interim use of the slot exemptions during the pendency of the case.

Delta agrees that these valuable public resources should not be allowed to go unused for any period of time. Indeed, on January 29, 2001, as soon as Delta became aware of the Department's determination that the TWA slot exemptions would need to be reallocated, Delta immediately applied for DCA-Salt Lake City authority. Since Delta's application was filed, numerous other carriers have expressed an interest in the use of the TWA slots. Delta has consistently advocated that the Department promptly set down a proceeding to determine a successor prior to the cessation of service by TWA.

Counsel:  Shaw Pittman, Alexander Van der Bellen, 202.663.8060

This American Airlines proposal would allow it to continue to reap the benefits of its partnership with TWA while pretending that it is submitting its request on behalf of the "public interest."' As noted in the petition, TWA Airlines LLC is a wholly-owned subsidiary of American and is the entity that will temporarily acquire TWA's assets, including large numbers of DCA slots, until all assets are permanently transferred to American.

Once again, one of the nation's largest carriers is asking that the Department create a special "slot" rule to allow it to gain additional control over DCA slots while new entrants continue to be blocked from competing at that airport. The only party that will benefit from American's continued use of the beyond-perimeter slots is American. If the Department allows American to operate these beyond-perimeter rule slots, it would bolster American's efforts to continue its control over the market and the slots.

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7501

TWA urges the Department to consider that, within days, Department of Transportation is expected to approve a transfer of essentially all of TWA's current authority to TWA LLC. As such, the Department should take action to permit TWA LLC to continue to operate beyond-perimeter slots at Reagan National. Without such action, TWA LLC will be unable to continue to offer transportation to passengers who have currently booked transportation on TWA's nonstop DCA-Los Angeles flights. Specifically, TWA will no longer hold an operators certificate or relevant Department of Transportation authority after the transfer of its international and domestic certificates in Docket OST 01-9027. If the Department does not take action to grant exemption authority to TWA LLC, TWA LLC, to operate LAX-DCA after the closing of American's purchase of TWA, passengers will be substantially inconvenienced by a required immediate cessation of non-stop service in the market. Such an outcome appears unnecessary given TWA LLC's stated commitment to operate the service until the Department decides on a successor in a separate proceeding.

TWA further notes that another recipient of beyond-perimeter slots -- National Airlines -- is currently under the protection of federal bankruptcy court. As such, the Department might, in the very near future, be faced with the need to reallocate an additional two beyond perimeter slots at DCA currently held by National Airlines. Given this fact, the public might be better served by the Department allowing TWA's integration to proceed with the DCA slots being granted to TWA LLC on an interim basis. On this basis, the Department will have the opportunity to evaluate whether National Airlines Las Vegas slots will also need to be reallocated.

Counsel:  Glenn Wicks, 202.457.7790

United finds it regrettable that the Department is now backed into a position of either seeing TWA's DCA-LAX service abruptly terminate and passengers scramble to be reaccommodated, or conducting an interim or long-term carrier selection proceeding in its entirety in a matter of a few weeks. However, United, for one, is ready, willing and able to provide interim nonstop DCA-LAX service pending the Department's selection of a long-term replacement carrier for TWA's exemption slots. In fact, United is filing concurrently a Contingent Application seeking the pendente lite authority to do so. As the Contingent Application demonstrates, United's DCA-LAX service would be far superior and offer substantially greater network access and public interest benefits than would service by American's alter ego, TWA Airlines LLC.

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com 

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US Airways, Inc.

Counsel:  US Airways and O'Melveney Myers, Joel Burton, 202-383-5300

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United Air Lines, Inc.

United proposes to operate daily roundtrip DCA-LAX service with 182seat Boeing 757-200, Stage 3 aircraft. United requests that its exemption become effective immediately upon TWA ceasing to use the two beyond-perimeter slot exemptions granted it by Order 2000-7-1 for DCA-LAX service. A pendente lite allocation of the exemption slots to United would ensure that the service benefits generated by TWA's DCA-LAX service are not only protected but substantially expanded, providing many more consumers throughout the Western United States with their first single-plane service or new competitive access to DCA.

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com 

Index

International Air Transport Association

OST-01-9290

March 30, 2001

Application for Approval of Agreements

PTC3 0485

By:  David O'Connor

By:  Paul Gretch

Index

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© Copyright 2001 Airline Information Research, Inc.   All rights reserved.