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OST Docket Filings for January 17, 2002

Last Updated 01/21/02 10:02 AM


 OST Docket Filings

Applications and Renewals: 

ABSA - U.S.- Brazil Amendment | CCAIR (2)- Terminate Service at Athens and Hickory

U.S.- Ecuador - Gemini Exemption Renewal from Start-Up

Answers and Replies: 

Aerodynamics - Passenger Manifest Information | Compensation of Air Carriers (35)- Comments

Market Based - Comments | Northwest - Polling Letter (China)

Notices of Action Taken:

Northwest - Temporary Allocation of China Frequencies

Notices and Orders:

None


Aerolinhas Brasileiras, S.A.

OST-96-1372 January 16, 2002
Docketed January 17, 2002
Application for Amendment of Exemption Authority Miami-Sao Paulo/Manaus, Brazil
    Service List  

For an amendment of its existing exemption from 49 USC §41301, to the extent necessary to permit ABSA to engage, consistent with the terms of Section I(1) (B) (1),Scheduled Services, Attachment C of the Memorandum of Consultations executed on November 18, 1997 between the United States of America and the Federative Republic of Brazil, in the scheduled foreign transportation of property and mail from a point or points in Brazil, via intermediate points, and New York, Atlanta, Miami, Orlando, Detroit, Washington/Baltimore, Houston, Chicago, Los Angeles, San Francisco, Boston, and San Juan, Puerto Rico.

Counsel:  Celestino Pena, 305.581.6252

Index


Aerodynamics, Inc.

OST-98-3305 October 23, 2001
Docketed January 16, 2002
Aerodynamics:  Submitting its Passenger Manifest Policy Passenger Manifest Information

Counsel:  Aerodynamics, Robert Rufli

Index


CCAIR Inc.

OST-02-11347 January 11, 2002
Docketed January 17, 2002
Notice to Terminate Service Terminate Service Between Hickory, North Carolina and Charlotte, North Carolina

Although CCAIR would prefer to continue providing scheduled air service to Hickory, the substantial cost increases resulting from increased federal regulations for regional carriers makes it impossible to continue without an EAS subsidy. The absence of any subsidy requires CCAIR to advise the Department of Transportation that scheduled air service will be discontinued.

At present, CCAIR is providing the only scheduled air service in Hickory, North Carolina.

Counsel:  CCAIR, William Kostel

OST-02-11348 January 11, 2002
Docketed January 17, 2002
Notice to Terminate Service Terminate Service Between Athens, Georgia and Charlotte, North Carolina

Although CCAIR would prefer to continue providing scheduled air service to Athens, the substantial cost increases resulting from increased federal regulations for regional carriers makes it impossible to continue without an EAS subsidy. The absence of any subsidy requires CCAIR to advise the Department of Transportation that scheduled air service will be discontinued. 

At present, CCAIR is providing the only scheduled air service in Athens, Georgia.

Counsel:  CCAIR, William Kostel

Index


Market Based Actions to Relieve Airport Congestion and Delay

OST-01-9849 November 5, 2001
Docketed January 17, 2002
Comments of Carla Volpe Porter Public Comment to Relieve Airport Congestion and Delay

By:  Jane Landes

Index


Northwest Airlines, Inc.

OST-02-11327 January 16, 2002 Re:  Polling Letter Temporary Allocation of U.S.- China Frequencies

Counsel:  Northwest, Megan Rae Rosia, 202.942.3193, megan.rosia@nwa.com 

OST-02-11327 Filed January 11, 2002
Issued January 16, 2002
Notice of Action Temporary Allocation of U.S.- China Frequencies

Northwest requests a temporary allocation of three U.S.-China frequencies to enable Northwest to operate one additional weekly round-trip combination flight between Detroit and Shanghai, via Tokyo (Narita) Japan, and to operate two additional weekly round-trip all-cargo flights between the United States and Shanghai via Tokyo (Narita) Japan. Northwest states that United will suspend its daily Chicago-Beijing service effective January 30, 2002, and resume service on April 7, 2002. Northwest intends to operate the additional Detroit-Shanghai service beginning February 5, 2002, through April 4, 2002, and the U.S. Shanghai all-cargo service beginning February 1, 2002, through April 6, 2002.

United filed an answer to Northwest's application stating that it had no objection to the Department's allocating Northwest three temporary U.S.-China frequencies provided that the temporary allocation would not impair United's ability to operate to China upon resumption of its scheduled service on April 6/7, and provided that United will be able to sell its nonstop service on such resumed flights during the suspension period without the need to seek any additional authority from the Government of China. Northwest responded, stating that it had no objection to complying with United's request.

By:  Paul Gretch

Index


Procedures for Compensation of Air Carriers

OST-01-10885 January 17, 2002 Request for Extension of Time by NY/NJ Foreign Freight Forwarders to Submit Applications for Compensation Procedures for Compensation of Air Carriers

Request of the New York/New Jersey Foreign Freight Forwarders and Brokers Association, Inc., J.F.K. Airport Customs Brokers Association, Inc. and the South Florida Non-Vessel-Operating Common Carriers Non Aircraft-Operating Common Carriers Association, Inc. for an extension of the deadline for the submission of compensation requests under the Air Transportation Safety and System Stabilization and the governing Department of Transportation regulations found at 14 CFR Part 330 et seq.

By:  Carlos Rodriguez

OST-01-10885 January 14, 2002
Docketed January 16, 2002
Comments of Parkview Hospital Health System Procedures for Compensation of Air Carriers

By:  Parkview Hospital Health System, Cathy Harris

OST-01-10885 January 14, 2002
Docketed January 16, 2002
Comments of Vision Air  Procedures for Compensation of Air Carriers

By: Vision Air, William Acor

OST-01-10885 January 14, 2002
Docketed January 16, 2002
Comments of Special Aviation Systems, Inc. Procedures for Compensation of Air Carriers

By:  Special Aviation Systems, Marilyn Ruhe

OST-01-10885 January 16, 2002 Comments of GWV International Procedures for Compensation of Air Carriers

By:  GWV International, Paul Roberts

OST-01-10885 January 14, 2002
Docketed January 16, 2002
Comments of Care Flight International  Procedures for Compensation of Air Carriers

By:  Care Flight International, Marth Kreye 

OST-01-10885 January 15, 2002
Docketed January 16, 2002
Comments of St. Patrick Hospital and Health Sciences Center Procedures for Compensation of Air Carriers

By:  St. Patrick Hospital and Health Sciences Center, Robb Foote

OST-01-10885 January 16, 2002 Comments of AAMS Association of Air Medical Services Procedures for Compensation of Air Carriers

By:  AAMS Association of Air Medical Services, Dawn M. Mancuso

OST-01-10885 January 16, 2002 Comments of Winston & Strawn on Behalf of Emery Air Freight Procedures for Compensation of Air Carriers

Direct air carriers and indirect air carriers involve one economic unit that transports cargo. In this context, without the direct air carriers, the indirect air carriers would not generate any income or RTMs because no one would be flying their cargo. Likewise, without indirect air carriers, the direct air carriers would not generate any income or RTMs because there would be no cargo for them to fly. Certain operations, such as Federal Express ("FedEx") and United Parcel Service ("UPS"), have this single economic unit in one place because the corporation includes both the direct and indirect air carrier function. Other operations, however, involve two independent corporations. For example, EAFC, an ACMI indirect air carrier, hires direct air carriers to fly EAFC's cargo. This combination of operations (indirect and direct) constitutes one economic unit that generates RTMs that the direct air carriers reported to DOT. In the economic units involving one company, e.g., FedEx or UPS, the direct air carrier reported the RTMs generated by the one-company economic unit's internal indirect and direct air carrier functions. Similarly, in the economic units involving two companies, e.g., EAFC and its ACMI direct air carriers, the direct air carrier reported the RTMs generated by the two­company economic unit's indirect and direct air carrier functions.

By:  Winston & Strawn, Jim Burnley

OST-01-10885 January 14, 2002
Docketed January 16, 2002
Comments of First Flight Procedures for Compensation of Air Carriers

By:  First Flight, Janice Willette

OST-01-10885 January 16, 2002 Comments of Cuba Travel Services, Inc. Procedures for Compensation of Air Carriers

CTS submits this comment, in part, to request that the Department compensate indirect air carriers that qualify as "air carriers" (and that submit timely applications) without regard to the citizenship of the direct air carriers. In its Final Rule, which was published in the Federal Register on January 2, 2002, the Department amended Part 330 to permit "indirect air carriers" to submit applications for compensation. The Department requires, among other things, that the indirect air carriers qualify as air carriers. What is not clear in the Rule is whether the Department will consider granting compensation to qualifying indirect air carriers that contract with foreign direct air carriers.

CTS files a public charter prospectus (comprising OST forms 4532 and 4533) each month for the charter programs that it proposes to arrange. Each prospectus states that CTS has a contract, under which the direct air carrier will provide the transportation set forth in the prospectus, and that CTS has financial security arrangements in place to protect passenger payments. The Department must approve each prospectus before CTS can advertise, sell tickets on, take reservations for, or accept any money for any public charter flight. The Department considers CTS an indirect air carrier because CTS is indirectly arranging and selling charter air transportation. The approved prospectus is evidence of the charter program and of CTS's authorization to engage in these carrier services. There is no other DOT authorization or licensing process that CTS must follow for CTS to be considered an "indirect air carrier."

Cuba Travel Services Prospectuses Filed with the Department for 2001

By:  Zuckert Scoutt, Lonnie Anne Pera

OST-01-10885 January 16, 2002 Comments of ABC Charters, Inc Procedures for Compensation of Air Carriers

ABC is a perfect example of the typical public charter operator. It is a U.S. citizen that generally arranges six to seven flights each week between specified points: one flight each week between Miami and Santiago de Cuba, one flight each week between Miami and Holguin, and four to five flights each week between Miami and Havana. ABC charges one coach fare for the charter flights to Santiago, one coach fare for the charter flights to Holguin, and one coach fare for all but one of the charter flights to Havana. For one weekly Havana charter flight, ABC charges a first class and a coach fare. The public charter prospectuses that ABC filed with the Department identified the direct air carriers, the aircraft type and capacity, and the flight schedule (including date and routing), and the passenger manifests identified the number of passengers who actually traveled on each flight identified in the prospectuses. (ABC also must report to OFAC the total passengers who traveled to Cuba.) The proposed formula, therefore, can easily be used to determine compensation for ABC - and other public charter operators.

ABC Charters Prospectuses Filed with the Department for 2001

By:  Zuckert Scoutt, Lonnie Anne Pera

OST-01-10885 January 16, 2002 Comments of Classic Lifeguard Aeromedical Service Procedures for Compensation of Air Carriers

By:  Classic Lifeguard Aeromedical Service, Michael Smith 

OST-01-10885 January 15, 2002
Docketed January 17, 2002
Comments of Biscayne Helicopters, Inc Procedures for Compensation of Air Carriers

By:  Biscayne Helicopters, Daryl Martin

OST-01-10885 January 15, 2002
Docketed January 17, 2002
Comments of North Memorial Medical Center Procedures for Compensation of Air Carriers

By:  North Memorial Medical Center, Patrick Coyne

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Westchester Medical Center Procedures for Compensation of Air Carriers

By:  Westchester Medical Center, Ted Tully 

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Michelle McEnany Procedures for Compensation of Air Carriers

By:  Michelle McEnany

OST-01-10885 January 15, 2002
Docketed January 17, 2002
Comments of Midwest Medflight  Procedures for Compensation of Air Carriers

By:  Midwest Medflight, Mike Eastlee

OST-01-10885 January 16, 2002
Docketed January 17, 2002
Comments of Vacation Travel International, Inc. Procedures for Compensation of Air Carriers

STPs, as a class, have suffered significant losses as a direct result of the September 11, 2001 terrorist attacks. For example, from September through December, 2001 VTI has seen its advance bookings for its Spring 2002 operations decrease by 42% as compared to its pre­September 11 forecast and decrease by 42% as compared to the same period in 2001. VTI understands that this decrease is typical for the STP industry as a whole. On a percentage basis, the incremental losses attributable to this decrease are significantly higher than the losses reportedly suffered by the air carrier industry as a whole.

Vacation Travel Prospectuses Filed with the Department

By:  Vacation Travel International, Jim Modane

OST-01-10885 January 16, 2002
Docketed January 17, 2002
Comments of Grand Aire Express, Inc. Procedures for Compensation of Air Carriers

By:  Grand Aire Express, Bruce Marshall

OST-01-10885 January 16, 2002
Docketed January 17, 2002
Comments of Air Transport Association  Procedures for Compensation of Air Carriers

For those carriers that have not yet received second-round payments, ATA urges DOT to remit those payments to eligible applicants no later than January 31, 2002. Even though their applications were submitted well before the end of 2001, eligible cargo applicants have received only 50 percent of the permissible payments. Given the passage of time and the resolution of various issues that made the RTM pool highly variable up to this point in time, ATA believes it is appropriate and possible for DOT to complete second-round payments by the end of January and to issue third round payments within 10 days of receiving completed applications. ATA believes this timeline is reasonable and will give government auditors the ability to make subsequent adjustments to carrier payments consistent with the Stabilization Act. As noted, final payments would be subject to a possible debit or credit. Once DOT establishes a timeline for payments, it is important that DOT make it public, or at least available, to all eligible applicants. A published timeline, particularly at this juncture in the year, will greatly facilitate carriers' cash planning and financial reporting activities, as well as serve the intent of the Stabilization Act.

To simplify this process for everyone, ATA recommends that DOT publish on its web site, in addition to the payments received by each eligible applicant, the ASMs and/or RTMs used as a basis for that payment. Further, the ASM and RTM information for each eligible applicant should be broken down into two categories: (1) those previously reported by the applicant to DOT under current rules as delineated in 14 CFR 241, and (2) those additional ASMs or RTMs which the carrier is claiming as part of its application, but which were not previously reported to DOT by that applicant. DOT should also include a column with the combined total. For an applicant claiming ASMs or RTMs that it did not previously report to the Secretary under 14 CFR 241, the site should include, for that applicant, a statement by the Department that the carriers who did report those ASMs or RTMs to the Secretary are either: (1) not eligible for compensation or (2) voluntarily have not and will not claim such compensation.

By:  Air Transport Association, David Berg

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Albany Med Flight
Tina Giangrans
Procedures for Compensation of Air Carriers

By:  Albany Med Flight, Tina Giangrans

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Georgia Baptist LifeFlight Procedures for Compensation of Air Carriers

By:  Georgia Baptist LifeFlight, Jim Groover

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Air One East Texas Medical Center Procedures for Compensation of Air Carriers

By:  Air One East Texas Medical Center, Judy England

OST-01-10885 January 9, 2002
Docketed January 17, 2002
Comments of AeroCare Procedures for Compensation of Air Carriers

By:  AeroCare, Gregory Gust 

OST-01-10885 January 15, 2002
Docketed January 17, 2002
Comments of Twin Cities Air Service, Inc. Procedures for Compensation of Air Carriers

By:  Twin Cities Air Service, Lillian LeBlanc 

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Airlift Northwest Procedures for Compensation of Air Carriers

By:  Airlift Northwest, Michael Copass

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of LifeGuard Alaska Procedures for Compensation of Air Carriers

By: LifeGuard Alaska, Jason Schwebach

OST-01-10885 January 11, 2002
Docketed January 17, 2002
Comments of Critical Air Procedures for Compensation of Air Carriers

By:Critical Air, Dennis Brozowski

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Tampa General Hospital Procedures for Compensation of Air Carriers

By:  Tampa General Hospital
John Scott 

OST-01-10885 January 15, 2002
Docketed January 17, 2002
Comments of St. Anthony Hospitals Flight for Life Procedures for Compensation of Air Carriers

By:  St. Anthony Hospitals Flight for Life, Kathleen Mayer

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of Med-Trans Corporation Procedures for Compensation of Air Carriers

By:Med-Trans Corporation, Kelly Cermak

OST-01-10885 January 11, 2002
Docketed January 17, 2002
Comments of Air Evac Lifeteam Procedures for Compensation of Air Carriers

By:  Air Evac Lifeteam, Colins Collins

OST-01-10885 January 11, 2002
Docketed January 17, 2002
Comments of New Mexico Lifeguard Air Transport Services Procedures for Compensation of Air Carriers

By:  New Mexico Lifeguard Air Transport Services, Joel Hochlalter

OST-01-10885 January 14, 2002
Docketed January 17, 2002
Comments of St. Louis Helicopter Airways, Inc. Procedures for Compensation of Air Carriers

By:  St. Louis Helicopter Airways, Philip Willis

OST-01-10885 January 16, 2002
Docketed January 17, 2002
Comments of BAX Global Procedures for Compensation of Air Carriers

By:  BAX, Vicki Hassman

Index


U.S.- Ecuador All Cargo Frequency Allocations

OST-00-7513 January 17, 2002 Application of Gemini Air Cargo for Renewal of Exemption from Startup Deadline U.S.- Ecuador
       Attachment:  Letter form the Ecuador National Civil Aviation Council   
      Service List   

Although Gemini expects that it will commence its scheduled all-cargo service to Ecuador during the week of January 21, Gemini is requesting a two week extension in the event there is any unanticipated delay in the issuance of the necessary authorization. Gemini has made an extraordinary effort to obtain scheduled all-cargo authority from the Government of Ecuador -- more than it has expended to obtain authority from any other country. Gemini is on the brink of starting its scheduled all-cargo service to Ecuador.

In its Interim Report of January 15, 2002, Gemini stated that the DGAC would inspect Gemini's first scheduled flight using DC-10-30F aircraft and its first scheduled flight using MD-11F aircraft. For reasons related to the scheduling of DGAC staff, Gemini now understands that the DGAC will not conduct the inspections on the first scheduled flights with each aircraft but rather on subsequent flights that the DGAC will designate.

Counsel:  Roller Bauer, Moffet Roller, 202, 331.3300, mroller@rollerbauer.com

Index


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