Application
for Renewal of Exemption© Copyright 2002 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings February 4, 2002 |
Last Updated 02/05/02 08:45 AM
Applications and Renewals:
Aero Rey - U.S.- Mexico | Air-Serv - Aircraft Size Limitation | Polynesian - U.S.- South Pacific Points Renewal
TWA - U.S.- Japan Renewal
Answers and Replies:
American - Answer of Delta (Austria and Czech Codeshare)
Airline Service Reductions - Notice of American Eagle | Family Assistance Plans (2) | Orbitz - Letter from Adam Burck
Sundance Air - Warsaw Agreement
TWA - Answer of United (US-New Zealand/Australia/Fiji Mail Codeshare)
US-Ecuador All-Cargo - 22nd Interim Report of Gemini
Notices of Action Taken:
Notices and Orders:
All U.S.- Carriers/Delta - Order on Reconsideration (Dormancy Waivers)
| OST-99-6374 | February 4, 2002 | Application
for Renewal of Exemption |
U.S.- Mexico |
| Exhibit A: Ownership | |||
| Exhibit B: International Air Taxi Permit | |||
| Exhibit C: List of Key Personnel | |||
| Exhibit D: Financial Statement | |||
| Exhibit E: Foreign Air Carrier Certificate of Insurance |
Counsel: Aero Rey, Eugene Smith, 210.590.1630
| OST-02-11470 | February 4, 2002 | Application for Exemption |
Aircraft Size Limitation |
Beginning this year, AirServ is scheduled to receive and place in service a fleet of newly-manufactured, specially-configured Embraer Model ERJ-135LR jet aircraft. AirServ presently anticipates that a "loaner" aircraft will be delivered in May 2002, with the first aircraft built specifically for AirServ and Indigo following in August. Typically, the ERJ-135, as operated by American Eagle, Continental Express and others, is delivered in a high-density regional airliner configuration with 37 passenger seats installed. With that configuration, Part 121 operations specifications are required.
Since August 2000, the great majority of AirServ's flights have been operated in public charter service on behalf of its sister company, Indigo, L.L.C. (Indigo), a public charter operator. These flights, as well as Air-Serv's occasional on-demand charter flights, have been operated under the carrier's FAR Part 135 operations specifications utilizing its fleet of eight-passenger Dassault Falcon 20 jet aircraft.
Counsel: Boros Garofalo, Aaro Goerlich, 202.822.9070
| OST-00-6901 | February 4, 2002 |  Answer
of Delta Air Lines
|
Austria and Czech Republic |
By its application dated January 18, 2002, American requests renewal and amendment of its exemption authority to serve Austria and the Czech Republic. Delta has no objection, in principle, to American's exemption request, including the additional flexibility American seeks to offer codeshare service to those countries via open intermediate points, since that request is fully consistent with the open skies agreements in place with Austria and the Czech Republic. Delta does, however, strongly object to American's purported intent to "use the amended authority for codesharing service with British Airways, via London, pursuant to the American/British Airways blanket codesharing application submitted on August 10, 2001 in OST-2001-10388. That application is highly controverted and is currently the subject of a Motion to Dismiss, precipitated by American's and British Airway's rejection of the Department's remedial conditions that would have permitted such joint AA/BA codeshare, marketing and other commercial arrangements.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-96-1960 | November 29, 2001 Dcoketed February 1, 2002 |
Family
Assistance Plan of Trans States Airlines |
Aviation Disaster Family Assistance Act |
By: Trans States Airlines, Captain Craig Tompkins
| OST-96-1960 | February 1, 2002 | Family
Assistance Plan of Chautauqua Airlines |
Aviation Disaster Family Assistance Act |
By: Chautauqua Airlines, Don Olvey
| OST-01-11086 | February 4, 2002 | Letter from Adam Burck |
Exemption - Unbundling of Fees |
All sellers of a service or product should be subject to the same regulation regarding pricing. This consistency benefits both the consumer and the businesses. This consistency allows the consumer to confidently compare prices and make purchasing decisions. Without consistency, consumer confidence drops and consumers get justifiably angry. This consistency also provides a level playing field on which the businesses may compete. The order, exempting Orbitz from disclosing their fees/pricing in the same manner the government requires other travel vendors to list their fees, is absolutely anti-consumer and anticompetitive. Consumers cannot readily compare appples to apples. Two classesof businesses are created by this ruling.
By: Adam Burck
| OST-95-791 OST-95-806 OST-96-1687 OST-98-3631 OST-01-9313 |
February 4, 2002 | Application for Renewal of Exemptions |
Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands/Papeete; Apia- Honolulu; Apia-Los Angeles; Maota- Pago Pago; Honolulu- Auckland, New Zealand via Apia, Somoa |
| Service List |
Hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned dockets authorizing Polynesian to perform scheduled foreign air transportation between (i) Apia, Samoa and Pago Pago, American Samoa and beyond Pago Pago to Rarotonga, Cook Islands and Papeete, Tahiti; (ii) Apia, Samoa, on the one hand, and Los Angeles, California and Honolulu, Hawaii, on the other hand; (iii) Maota, Samoa and Pago Pago, American Samoa; and (iv) Honolulu, Hawaii, and Auckland, New Zealand, via Apia, Samoa. Polynesian requests renewal of these exemptions for a one-year period on their existing terms and conditions. Polynesian relies on the provisions of the Administrative Procedure Act and Part 377 of the Department's Procedural Regulations to continue its existing authorizations in these dockets in force pending a final decision on this renewal application.
Polynesian is aware of the restrictions regarding the carriage of cabotage traffic and remains committed to preventing a recurrence of the difficulties experienced by its corporate predecessor in operating service to Honolulu and Los Angeles. Polynesian believes that the preventive measures instituted and emphasized in recent years have served as highly effective safeguards against the carriage of cabotage traffic. Polynesian intends to continue to employ these safeguards.
Hawaiian Airlines has previously been authorized by the Government of Samoa to conduct operations between Apia and Los Angeles via Pago Pago and Honolulu. Samoa Air is also authorized by the Samoan Government to operate between Apia/Maota and Pago Pago. Samoa Air currently provides frequent service between these cities. United Air Lines currently provides service between Apia and Los Angeles pursuant to its codeshare arrangement with Air New Zealand. Under these circumstances, renewal of Polynesian's exemptions is clearly warranted.
Counsel: Squire Sanders Dempsey, Charles Donley, 202.626.6600
Reports on Significant Airline Service Reductions
| OST-01-10711 | February 4, 2002 | Notice of American Eagle Airlines |
Reports on Significant Airline Service Reductions |
| Service List |
Syracuse, New York. Effective April 6, 2002, American Eagle will terminate all of its service at Syracuse. American Eagle currently serves Syracuse from New York (JFK). Syracuse will continue to have nonstop service to New York (JFK) provided by Jet Blue, as well as to New York (LGA) provided by US* and to New York (EWR) provided by CO*. In addition, Syracuse has nonstop service to numerous other cities.
Counsel: American, Carl Nelson, 202.496.5647, carl.nelson@aa.com
| OST-96-1912 | Filed January 4, 2002 Issued February 4, 2002 |
Notice
of Action Taken |
U.S.- Mexico |
By: Paul Gretch
| OST-95-236 | February 4, 2002 | Counterpart
to Warsaw Agreement Filed Sundance Air |
Warsaw Agreement |
By: Sundance Air, Bert van Toornburg
| OST-98-3325 | February 2, 2002 | Answer
of United Air Lines |
US-New Zealand/Australia/Fiji Property and Mail Codeshare with Qantas |
| Service List |
United Air Lines, Inc. opposes renewal of the exemption of TWA Airlines LLC authorizing scheduled foreign air transportation between the U.S. and points in Australasia. TW/American seek to renew this exemption authority in order to continue placing the otherwise unused "TW" designator code of the defunct Trans World Airlines on foreign carrier flights operating in these international markets. American/TW engage in this sham practice solely to enable American to divert mail traffic from United and other U.S. carriers that the U.S. Postal Service would not tender to American if only its own designator code were used. United, therefore, opposes this renewal application, and urges the Department to direct American to cease the unfair practice of using the TW code for the purpose of carrying international mail.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com
| OST-00-7089 | February 4, 2002 | Application for Renewal of Exemption Authority |
U.S.- Japan - Property and Mail Codeshare with ANA |
| Service List |
TWA Airlines LLC, a wholly-owned subsidiary of American Airlines, Inc., uses the subject exemption authority to engage in a property-and-mail codesharing arrangement with All Nippon Airways, under which the "TW*" code is displayed on certain ANA flights. ANA separately holds a statement of authorization under 14 CFR Part 212.
Counsel: American, Carl Nelson, 202.496.5647, carl.nelson@aa.com
U.S. Carrier Dormancy Waivers, Delta Air Lines, Inc. and U.S.-Brazil Combination Frequencies (Atlanta-Rio de Janeiro)
| Order 02-2-2 OST-01-10782 OST-01-11065 |
Issued February 4, 2002 Served February 4, 2002 |
Order on Reconsideration |
U.S.- Brazil Combination Frequencies (Atlanta-Rio de Janeiro); U.S. Carrier Dormancy Waivers |
By this order, we grant the petition of Delta Air Lines for reconsideration of Order 2001-11-15 and, upon reconsideration, affirm, with one exception, our decision in that order. Specifically, we affirm our decision to require all U.S. carriers holding blanket dormancy waivers to file a notice no later than February 15, 2002, in Docket OST-2001-11065, listing each limited-entry market in which they will not resume service beginning April 1, 2002. We have decided to modify our decision in Order 2001-11-15 with respect to the filing of requests for further dormancy waivers in the U.S.-Brazil market. Carriers holding U.S.-Brazil service frequencies will be required to file any requests for further dormancy waivers by February 15, 2002, the same date that they are required to file notice of their U.S.-Brazil frequency utilization.
Given Delta's current temporary use of frequencies in the U.S.-Brazil market, we believe that establishing a specific due date for further dormancy waiver requests is justified. It is not unreasonable to expect that by February 15, carriers will have made plans to resume service in a particular market if they are going to do so. A specific date will also afford Delta more accurate information on which to make its plans with respect to its expanded Atlanta-Brazil services. Indeed, we note that with respect to its request here, Delta has stated: "Whatever date the Department establishes for carrier notices of U.S.-Brazil frequency utilization should also be the due date for any Brazil dormancy waiver requests."
By: Read Van de Water
U.S.-Ecuador All-Cargo Frequency Allocation
| OST-00-7513 | February 4, 2002
Electronic Submission |
Twenty Second Interim Report of Gemini Air Cargo |
U.S.-Ecuador All-Cargo Frequency Allocation |
As Gemini has advised in its recent Interim Reports, Gemini continues to wait for the
General Directorate of Civil Aviation (DGAC) to issue Gemini the authorization required under Part 129 of Ecuadoran aviation regulations (or under a waiver from Part 129) for Gemini to start scheduled all-cargo flights to Ecuador. Although the DGAC could issue this authorization at any time, it has not yet done so. The DGAC has not provided Gemini any reason for the delay, but Gemini is aware that the investigation of the unfortunate TAME accident in Ecuador has required a great deal of time from DGAC officials.Since its last Interim Report on January 28, 2002, Gemini has operated thirteen charter
flights to Ecuador. If Gemini had received authority to operate scheduled flights, Gemini would have operated two of these flights as scheduled flights. Gemini will notify the Department as soon as it operates its first scheduled all-cargo flight to Ecuador.Counsel: Roller Bauer, Moffett Roller
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