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OST Docket Filings for January 11, 2002

Last Updated 01/14/02 08:08 AM


 OST Docket Filings

Applications and Renewals: 

Aeroempresarial - U.S.- Mexico Taxi Renewal | Aloha/Hawaiian - Transfer of Certificate and Exemption Authority

Answers and Replies: 

American/British Airways - Supplement of ASTA | Delta/Air France/Alitalia/Czech - Joint Reply of Applicants

Market Based (2)- Comments | Sunrise - Twelfth Supplement/Affidavit | United/ALM - Termination of Codeshare

Notices of Action Taken:

None

Notices and Orders:

Airline Reductions - Extending Requirement to File Notice | Alaska Mail Rates - Order

Caplan v Continental - Dismissal of Complaint


Aeroempresarial, S.A. de C.V.

OST-00-8592 January 11, 2002 Application for Renewal of Exemption U.S.- Mexico Charter Taxi
    Exhibit BAir Taxi Permits  
    Exhibit CKey Personnel  
    Exhibit DFinancial Statement  
    Exhibit EInsurance  

Counsel:  Eugene Smith, 210.590.1630

Index


Aloha Airlines, Inc., Hawaiian Airlines, Inc., Aloha Holdings, Inc., Aloha Airgroup, LLC, and Hawaiian Airlines, LLC

OST-02-11315 January 11, 2002 Joint Application for Approval of the Transfer of Certificate Authority and for Transfer of Exemption Authority and Motion to Shorten Answer Period Transfer of Certificate Authority and for Transfer of Exemption Authority
    Exhibit 1:  International Authority  
    Exhibit 2:  Agreement and Plan of Merger (Execution Version)  
    Exhibit 3:  Agreement and Plan of Merger (Execution Copy)  
    Service List  

Aloha Airlines, Inc. and Hawaiian Airlines, Inc. have entered into a transaction which will place these two carriers under the control of a single holding company with a new management team, led by Mr. Greg Brenneman, who enjoys an outstanding reputation having successfully managed a carrier experiencing difficulties. Aloha Holdings will trade on the American Stock Exchange and the Pacific Exchange under the name "Hawaiian Airlines" and the symbol "HA". This reorganization will significantly strengthen the combined operations of the applicant carriers so that they will be better positioned to maintain their unique and essential local service between the Hawaiian Islands, compete more effectively on other routes and pursue opportunities for growth. Aloha and Hawaiian, in accordance with Section 41105 of the Transportation Code, request approval of the de facto transfers of their respective international certificate authority to new legal entities that will be created as part of the overall transaction Pursuant to Section 40109 of the Code, they further request transfers of their outstanding international exemption authority as part of the overall transaction.

Most importantly, in the interisland service, in which these carriers' flights are the primary means of travel, the proposed consolidation will finally create a carrier of sufficient operational and financial strength to assure the long-term continuation of a reliable interisland network of high-frequency service at affordable fares. Aloha and Hawaiian are both facing unusual difficulties. Interisland service was experiencing significant traffic declines well before the events of September 11; the drop in traffic levels has only worsened since that time. The number of international visitors to Hawaii fell by more than forty percent in September compared to the previous year's level, and dropped by fifty percent on a year-to-year basis in October.  This transaction comes at a critical time for Aloha and Hawaiian. Due to a confluence of economic and financial factors, interisland service, which has been the traditional mainstay of the operations of both carriers, has become unprofitable for both carriers. There are two principal reasons for this decline. One is the reduction in Asian-originating visitor traffic. This traffic has been declining for a number of years primarily as a result of the recession in Japan. Japanese tourists have long comprised a major portion of the visitor traffic using interisland services. The marked reduction in the number of Asian visitors has had a major negative impact. At the same time, local traffic between points in the Hawaiian Islands has also fallen. Hawaii's economy has slowed recently, and the level of locally originating traffic has decreased as well.

Counsel:  Squire Sanders, Marshall Sinick, 202.626.6600 and Dow Lohnes, Jon Hill

Index


American Airlines, Inc. and British Airways PLC

OST-01-10387
OST-01-10388

November 13, 2002
Docketed January 10, 2002
Supplement of the American Society of Travel Agents Approval of and Antitrust Immunity for Agreement

Counsel:  ASTA, Paul Ruden, 703.739.6854, paul3@astahq.com 

Index


Delta Air Lines, Inc., Societe Air France, Alitalia-Linee Aeree Italiane-S.p.A. and Czech Airlines

OST-01-10429 January 11, 2002 Consolidated Joint Reply of Delta, Air France, Alitalia and Czech

Microsoft Word File

Approval of and Antitrust Immunity for Alliance Agreements

Only ASTA and ACAA filed answers in response to the Show Cause Order. Neither of these answers disputed the thorough and well-reasoned factual, policy and legal findings set forth in the Department’s Order. Instead, the answers of these two associations focus on extraneous issues and seek to promote the agendas of their constituents, which are unrelated to the subject matter of this proceeding. Since no party has raised a substantive objection to the Show Cause Order, the Department should proceed immediately with the issuance of a Final Order, by no later than January 18, 2002. This will permit the rapid entry into force of the historic new U.S.-France open skies agreement, as well as securing the important consumer benefits that the Department has recognized the alliance will provide.

Counsel:  Shaw Pittman, Robert Cohn, 202.663.8060, Silverberg Goldman, Michael Goldman, 202.944.3305, Zuckert Scoutt, Richard Mathias, 202.298.8660, and Mendelsohn O'Keefe, Allan Mendelsohn, 202.775.0680

Index


Intra-Alaska Bush and Mainline Service Mail Rates

Order 02-1-04
OST-95-405

OST-95-429
Issued January 11, 2002
Served January 16, 2002
Order Intra-Alaska Class Service Mail Rates Fuel Costs)

By this order the Department makes final the revised reporting requirements on an experimental basis as discussed in order to Show Cause 2001-9-10. Also, the order freezes the bush rate, except for quarterly adjustments in fuel, subject to monitoring by the Department, until the review of the newly reported data can be concluded.

By:  Read Van de Water

Index


Louise Caplan vs. Continental Airlines, Inc

Order 02-1-05
OST-00-7009
Issued January 11, 2002
Served January 11, 2002
Order Affirming Dismissal of Complaint Alleged Unlawful Discrimination Against Qualified Individual with

By:  Rosalind Knapp

Index


Market Based Actions to Relieve Airport Congestion and Delay

OST-01-9849 November 5, 2001
Docketed January 11, 2002
Comments of New Rochelle Citizens Committee Public Comment to Relieve Airport Congestion and Delay

By:  New Rochelle Citizens Committee, Yuri Molozanoff

OST-01-9849 November 2, 2001
Docketed January 11, 2002
Comments of Dawn Provencher Public Comment to Relieve Airport Congestion and Delay

By:  Dawn Provencher

Index


Sunrise Airlines, Inc.

OST-01-8695 January 10, 2002 Twelfth Supplement  to Application of Sunrise Airlines Commuter Air Carrier Fitness - Notice of Intent to Resume Service
    Exhibit A:  Affidavit  
    Service List  

Counsel:  Pillsbury Winthrop, John Gillick, 202.775.9800, jgillick@pillsburywinthrop.com 

OST-01-8695 January 11, 2002 Original Affidavit of Behalf of Wallace Hilliard, Florida Air Holdings Commuter Air Carrier Fitness - Notice of Intent to Resume Service
    Service List  

Counsel:  Pillsbury Winthrop, John Gillick, 202.775.9800, jgillick@pillsburywinthrop.com 

Index


Reports on Significant Airline Service Reductions

Order 02-1-03
OST-01-10711
Issued January 10, 2002
Served January 15, 2002
Order Extending Requirement to File Notices Reports on Significant Airline Service Reductions

The attacks of September 11 and the resulting traffic declines are still having an impact on airline service throughout the country. We therefore find that it is in the public interest to extend the requirement to file notices, established by Order 2001-9-20, for an additional 90-day period, through March 31, 2002. As noted in Order 2001-9-20 the notices shall be filed in this docket and identify the name of the airline, the community or market affected by the reduction or termination of service, the amount by which capacity or frequency will be reduced, and the date on which the reduction or termination will occur. We are adopting this requirement under 49 U.S.C. 41708, which authorizes us to obtain information and reports from air carriers to the extent that the information is available. While airlines normally announce schedule changes more than fifteen days in advance, in some cases an airline may make a schedule change of the type requiring a report under this order less than fifteen days before the reduction in service takes effect. In that event it would comply with its reporting obligations under this order if it gave us notice of the change as soon as possible.

By:  Read Van De Water

Service Reduction Table

Index


United Air Lines, Inc. and ALM

OST-99-5866 January 11, 2002 Re:  Termination of Codeshare Atlanta-Curacao/Aruba; 
Atlanta-Curacao/Baltimore; 
San Juan-Curacao Codeshare

Pursuant to Department Action, dated August 6, 1999, in the referenced docket, this is to notify you that United and ALM agreed on January 8, 2002, to terminate their code-share agreement dated September 13, 1993.

Counsel:  Wilmer Cutler, Jeffrey Manley, 202.663.6670, jamnley@wilmer.com 

Index


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