OST Filings for January 8, 2002

OST Docket Filings for January 8, 2002

Last Updated 01/09/02 09:20 AM

Applications and Renewals:

IATA | Japan Air System - Tokyo- Honolulu Renewal | Mexicana - Mexico/El Salvador- Miami/Dominican Republic

Answers and Replies:

American - Reply to United (Qantas Codeshare) | Compensation of Air Carriers - Comments of Air Vegas

BTS - Airlines Service Quality Performance - Letter from ACI-NA (8/01) | Islandsflug - Reply of Falcon Air Express

Mesaba/Thief River Falls - Objections

Notices of Action Taken:

Alitalia | Ethiopian Airlines

Notices and Orders:

None

Alitalia-Linee Aeree Italiane- S.p.A.

OST-99-6500

Filed December 5, 2001
Issued January 8, 2002

Notice of Action Taken

U.S.- Italy

Renew exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail from points behind Italy, via Italy and intermediate points, to a point or points in the United States and beyond.

By: Paul Gretch

Index

American Airlines, Inc.

OST-97-2240	January 8, 2002	Reply of American Airlines to Answer of United Air Lines	New York/Chicago/LA/Honolulu- Nadi/Fiji/Sydney/ Melbourne; Codeshare with Qantas Airways
		Service List

As we show below, United's answer is without merit, and its opposition should be rejected. In its application, American is seeking renewal of underlying exemption authority for property and mail codesharing on certain routes operated by Qantas Airways Limited. American has held such authority since 1997, and Qantas holds a corresponding statement of authorization under 14 CFR Part 212 to display the "AA*" code for the carriage of property and mail on these routes.

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

Index

Compania Mexicana de Aviacion S.A. de C.V.

OST-02-11289	January 8, 2002	Application for Statement of Authorization	Codeshare Operations; Mexico City, Mexico and San Salvador, El Salvador- Miami, Florida and Santo Domingo, Dominican Republic
		Service List

Hereby requests a statement of authorization under 14 C.F.R. 212 permitting Mexicana to display United Air Lines, Int.'s two-letter designator code on scheduled flights operated by Mexicana between (i) Mexico City, Mexico, and San Salvador, El Salvador; and (ii) Miami, Florida, and Santo Domingo, Dominican Republic.

Mexicana and United now wish to further extend their codeshare services to two additional markets served by Mexicana. Shortly after approval of this application, the parties anticipate United will place its two-letter designator code on Mexicana's nonstop flights operated in the Mexico City-San Salvador and Miami-Santo Domingo markets.

Counsel: Squire Sanders, Charles Donley, 202.626.6601

Index

Ethiopian Airlines Enterprise

OST-98-3726
OST-98-4345

Filed November 30, 2000
Issued January 8, 2002

Notice of Action Taken

Addis Ababa- Newark/ Washington Dulles

Renew exemption from 49 U.S.C. 41301 to conduct foreign air transportation of persons, property and mail between Addis Ababa, Ethiopia, and the coterntinal points Washington, DC, and Newark, NJ, via a non-traffic stop in Rome, for a period of two years.

By: Paul Gretch

Index

Islandsflug, hf

OST-01-11199	January 8, 2002	Motion for Leave to File Unauthorized Document and Reply of Falcon Air Express	Statement of Authorization
		Service List

Whatever "working assumption" Islandsflug might seek to artificially construct, until the Islandsflug aircraft arrived in Miami and SANSA unilaterally breached its long-term wet lease agreement with Falcon on less than 24 hours notice, Falcon was not only not aware of the approval of the Islandsflug/SANSA wet lease, Falcon had in good faith committed one of its aircraft to the same line of SANSA flying and in that connection had gone to the time, trouble and expense of complying with all DOT and FAA wet lease formalities. Islandsflug's attempt to make light of DOT monitoring during the relevant period should be summarily rejected.

Whatever "track record" Falcon may, or may not, have in opposing fifth freedom applications by foreign air carriers, this is irrelevant and surely does not preclude Falcon from objecting herein where Falcon has a valid basis for interposing an objection given the facts and circumstances of this case. Islandsflug's you can't object if you have not objected before argument is preposterous and should be rejected.

Islandsflug's claim that Falcon has suffered no harm because Falcon's wet lease authorization remains in force is similarly ridiculous. Clearly Falcon was seriously misled and financially harmed by SANSA as to its intentions and SANSA's silence in response to the Petition herein is deafening. Far more important however was the fact that the FAA and the Department's time was wasted by the fact of two separate wet lease filings for the same line of flying.

However "awkward" it might be for the U.S. to forestall SANSA from employing the wet lessor of its choice as stated by Islandsflug, this is an improper basis upon which to deny the Petition herein. Falcon submits that the Part 385 procedure was specifically promulgated and is available to correct prejudicial errors as occurred herein and successful Falcon in fact has, when appropriate, filed answers opposing applications for statements of authorization.

Counsel: Pierre Murphy, 202.822.8050, pmurphy@lopmurphy.com

Index

Japan Air System Company

OST-95-814	January 7, 2002 Docketed January 8, 2002	Application for Renewal of Exemption	Tokyo, Japan- Honolulu, Hawaii
		Service List

Applies to renew its exemption to engage in the transportation of persons, property and mail in scheduled foreign air transportation between Tokyo, Japan and Honolulu, Hawaii, and to conduct charter operations subject to 14 C.F.R. Part 212 of the Department's regulations.

JAS seeks renewal of the exemption in order to permit operations between Tokyo and Honolulu and to permit JAS to continue to conduct charter operations. JAS has the necessary operating authority from the Civil Aviation Bureau of Japan and has been designated by the Japanese government to provide the service in accordance with the Civil Air Transport Agreement between Japan and the United States, signed August 11, 1952, as amended, with the Memoranda of Understanding signed by representatives of the United States and Japan on November 6, 1989, and April 20, 1998. Renewal of the exemption is therefore in the public interest.

Counsel: White Case, Anne Smith, 202.626.2651

Index

Mesaba Aviation, Inc. d/b/a Mesaba Airlines; EAS at Thief River Falls, Minnesota

OST-01-10642

January 8, 2002

Objections of Collin Peterson, Member of Congress, Paul Wellstone and Mark Dayton, Senators to Termination of Air Service

Notice of Intent to Terminate Service at Thief River Falls, MN

Four one-way Saab SF340 flights between TVF and MSP by Northwest Airlines through Mesaba currently provide the only scheduled passenger air service for this city. Even with these flights, a satisfactory level of essential air service for TVF is not being met, and without them not even a single hub will be accessible to citizens and businesses of Thief River Falls and the northwest Minnesota region that the airport is meant to serve.

By: Congressman Collin Peterson, Paul Wellstone and Mark Dayton, Senate

Index

Petition for Amendment of the Airline Service Quality Performance Reports Rule

BTS-99-5999
OST-00-8164

August 6, 2001
Docketed January 8, 2002

Letter from Airports Council International - North America

Petition for Amendment of the Airline Service Quality Performance Reports Rule

Because the FAA data considers only flight operations within the purview of FAA, they are not just incomplete, but also vary from airport to airport in the segments of a flight they consider. For both of these reasons we urge that DOT consider reporting on-time performance and delays and cancellations in ways that represent the complete passenger experience, not operational metrics for the FAA. At the same time, we understand that the FAA collects data for many other legitimate purposes not directly associated with communicating to the public about service issues. Our concern is simply that the agency and DOT take measures to avoid unnecessarily confusing the public about delays and cancellations.

We also urge DOT to expand the reporting of on-time data to include all regularly scheduled flights so that passengers may have complete data available to make an intelligent decision about their travel plans. This also allows for performance assessments to be made about the entire system, not just the performance of the largest airlines and airports. This recommendation was made in the On-Time Advisory Task Force Report, the precursor to your current effort.

Air Transport Association of America Petition from July 1999

Index

Procedures for Compensation of Air Carriers

OST-01-10885

January 7, 2002

Comments of Air Vegas Airlines

Procedures for Compensation of Air Carriers

Air Vegas is of the opinion that the way in which actual losses are calculated and federal grants distributed to air tour/air taxi operators under current regulatory procedures does not accurately compensate these operators for losses incurred as a result of the attacks of September 11, 2001. Under the current ASM formula, operators may receive no more than approximately 10 percent to 12 percent of actual losses. This does little to assist these operators in their financial recovery. We believe there is a far more accurate way, still using Available Seat Miles (ASMs) as the baseline for such calculations, for the government to compare losses incurred by air tour operators with those of major air carriers and compensate these companies more equitably.

By: Air Vegas Airlines, James Petty

Index

International Air Transport Association

OST-02-11287

January 8, 2002

Application for Approval of Agreements

PTC23 EUR-SASC 0084

By: David O'Connor

Index