Notice of Additional Codeshare Services© Copyright 2002 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings February 5, 2002 |
Last Updated 02/06/02 10:25 AM
Applications and Renewals:
American/TAP - Additional Codeshare
Delta/Aerovias/Aerolitoral - Ontario- Hermosillo Renewal | Delta/Aerolitroal - Notice of Codesharing | Delta/Aeromexico- Notice of Codesharing
Edelweiss - U.S.- Switzerland | IATA | JAA - Nagoya, - Guam and Saipan
Servicios Aeromauticos - U.S.- Mexico | United - Amendment No. 1 to US-France Certificate
Answers and Replies:
Atlantic Coast (2)- No Objections to Early Termination/Objection
Market Based - Comments from Where Else? - New Rochelle/Larchmont
Mesaba (3)- EAS Proposal of Great Lakes
U.S.- U.K. Alliance (3)- Answers of AA & BA/FedEx/United et al
Notices of Action Taken:
Azteca - Mexico City-Laredo
Notices and Orders:
American Airlines and TAP Air Portugal
| OST-00-7504 | February 5, 2002 | Notice of Additional Codeshare Services |
U.S.- Portugal |
| Service List |
Hereby
gives notice that it will display TAP's "TP" designator code on
flights operated by American or its affiliates in the following additional
city-pairs, effective March 31, 2002:
New
York (EWR)-Boston (operated by American Eagle)
New
York (EWR)-St. Louis (operated by TWA Airlines LLC and/or American Airlines)
Counsel: American, Carl Nelson, 202.496.5647, carl.nelson@aa.com
| OST-01-10791 | December 11, 2001 Docketed February 5, 2002 |
Re:
No Objection Lynchburg Regional Airport Regarding ACA's Early
Termination of Service |
Termination of Service at Lynchburg, VA |
Lynchburg has received a request from ACA to seek the
community's consent to the termination of its service after December 31, 2001.
ACA informed Lynchburg that it had not scheduled flights to operate to Lynchburg
on New Year's Day as part of a normal holiday schedule of reduced service.
Therefore, ACA has indicated that operations on January 2 and 3 solely to
satisfy the 90-day requirement makes little economic sense, and would be
disruptive to the orderly cessation of station and aircraft operations.
Lynchburg is understanding of the issues raised by ACA and does not object to
ACA's early termination of service after December 31, 2002. Lynchburg
understands that the DOT has a policy of not holding carriers to the full 90-day
period if the community does not object to the early termination of service. In
this case, ACA termination of service three days prior to the end of the 90-day
period is reasonable and is not objected to by Lynchburg.
Of course, Lynchburg does not concede by this letter that
it does not require service to Washington, D.C. and that its remaining service
to Charlotte, Pittsburgh and Atlanta is an adequate substitute for service to
Washington, D.C. Nor does Lynchburg agree with the Department's conclusion that
it lacks authority under § 105 Air Transportation Safety and System
Stabilization Act to require carriers to maintain service at impacted
communities as a condition of the receipt of Stabilization Act compensation.
It is also Lynchburg's contention that the Department did not fully consider the true profitability of ACA's Lynchburg service and the economic justification for maintaining scheduled air service to United's hub and Dulles' international gateway. Nor did the Department adequately evaluate Lynchburg's high revenue, business-dominated passenger base that relies upon quality equipment and service frequency that cannot be adequately duplicated by another airport like Roanoke. Nonetheless, it is apparent that requiring ACA to operate to Lynchburg through January 3, 2002 is unnecessary and, in the view of the community, not warranted.
By: Lynchburg Regional Airport, Mark Courtney, 804.582.1150
| OST-01-10791 | October 29, 2001 Docketed February 5, 2002 |
Re:
M/A-COM Private Radio Systems Regarding Termination of Service |
Termination of Service at Lynchburg, VA |
While airlines have reduced their system-wide schedules by 15-25 percent, it is obvious that smaller cities like Lynchburg are bearing the brunt of the service cutbacks and suffering from a disproportionate decrease in air service. Smaller cities like Lynchburg were already being hurt in the current deregulated airline environment. Some form of government intervention and/or assistance is in order.
Lynchburg suffers from the highest average fares in the state, and the sixth highest in the continental United States among airports handling more than 50,000 passengers per year. Yet, despite what appears to be price gouging in certain markets, Lynchburg businesses have continued to support our three airlines. Certainly, even less competition and fewer airline seats will only exacerbate the problem.
By: M /A-COM Private Radio Systems, Charles Shaughnessy
Delta Air Lines, Inc. and Aerolitoral, S.A. de C.V.
| OST-01-10833 | February 5, 2002 | Re: 30-Day Notice Regarding Codesharing |
U.S.- Intra- Mexico Codesharing |
Pursuant to the Department's October 30, 2001 Action on Application in Docket OST-2001-10833, Delta and Aerolitoral hereby notify the Department that, beginning on or about May 1, 2002, Aerolitoral will display Delta's "DL" designator code on flights operated by Aerolitoral between Hermosillo, on the one hand, and Ciudad Juarez and Loreto, on the other hand.
Counsel: Verner Liipfert, William Evans, 202.371.6030 and Shaw Pittman, Robert Cohn, 202.663.8060, sascha.vanderbellen@shawpittman.com
Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.
| OST-97-3289 | February 5, 2002 | Re: 30-Day Notice Regarding Codesharing |
U.S.- Intra-Mexico Codesharing |
Beginning May 1, 2002, Aeromexico will display Delta's "DL" designator code on flights operated by Aeromexico between Hermosillo and Mazatlan.
Counsel: Verner Liipfert, William Evans, 202.371.6030 and Shaw Pittman, Robert Cohn, 202.663.8060, sascha.vanderbellen@shawpittman.com
Delta Air Lines, Inc., Aerovoias de Mexico, S.A. de C.V. and Aerolitoral, S.A. de C.V.
| OST-02-11478 | February 5, 2002 | Joint Application for Exemption and Statements of
Authorization |
Ontario- Hermosillo |
| Service List |
Hereby
apply for authority to expand their codeshare arrangements to include Delta's code on flights operated
by both Aeromexico and Aerolitoral between Ontario, California, and Hermosillo,
Mexico. Specifically, the Joint Applicants request the issuance of the following
authorities:
a) an exemption to Delta, pursuant to 49 U.S.C. § 40109,
authorizing Delta to engage in scheduled foreign air transportation of
persons, property and mail between Ontario, California, and Hermosillo,
Mexico, and to combine this exemption authority with all of Delta's existing
certificate and exemption authority, consistent with applicable
international agreements;
b) a statement of authorization to Aeromexico, pursuant to
14 C.F.R. Part 212, to permit Aeromexico to display Delta's "DL"
designator code on flights operated by Aeromexico between Ontario,
California, and Hermosillo, Mexico; and
c) a statement of authorization to Aerolitoral, pursuant to
14 C.F.R. Part 212, to permit Aerolitoral to display Delta's "DL"
designator code on flights operated by Aerolitoral between Ontario,
California, and Hermosillo, Mexico.
Aeromexico operates five weekly flights between Ontario and Hermosillo and Aerolitoral operates two weekly flights on this route using small aircraft. See Notices of Action Taken dated December 13, 2001 (Docket OST2001-11036) and January 4, 2002 (Docket OST-2001-11101), granting each respective carrier exemption authority for the Ontario-Hermosillo route. Delta plans to display its "DL" designator code on both carriers' nonstop flights on these routes beginning on or about May 1, 2002.
Counsel: Verner Liipfert, William Evans, 202.371.6030 and Shaw Pittman, Robert Cohn, 202.663.8060, sascha.vanderbellen@shawpittman.com
| OST-02-11481 | February 5, 2002 | Application for Foreign Air Carrier Permit |
U.S.- Switzerland |
| Attachment: Air Operator Certificate | |||
| Attachment: Resumes | |||
| Attachment: Certificate of Insurance | |||
| Attachment: Agreement | |||
| Service List |
Engage in charter foreign air transportation of persons, property and mail between Switzerland and the United States. Edelweiss is a Swiss charter airline which plans to begin operating services from Switzerland to Miami and Orlando, Florida. Edelweiss currently contemplates a start date for service of May 4, 2002.
Edelweiss began operating international charter flights on February 8, 1996. Edelweiss currently operates charter flights from Switzerland to the Mediterranean, the Caribbean, and other leisure destinations. Edelweiss does not operate any sales offices; all sales activities are performed by tour operators, primarily Kuoni Travel Holding, Ltd., a citizen of Switzerland. There are at present no cooperative agreements between Edelweiss and any U.S. air carriers.
Edelweiss currently plans to operate weekly charter flights from Zurich, Switzerland to Orlando and Miami, Florida, with additional service to Cancun, Mexico. Although present plans are for a start date of May 4, 2002, service may begin sooner depending on market factors. The flights will operate on a ZRH-SFB-CUN-MIA-ZRH routing. The flights will allow stopovers but will not carry Fifth Freedom traffic. Edelweiss estimates that 70% of its passengers will be destined for the United States.
On December 12, 2001 obtained authority from the Government of Switzerland to transport cargo on its A330-243 aircraft, and is developing plans for the transport of cargo to and from U.S. markets. A general sales agent will handle the sale and organization of cargo transportation by Edelweiss.
Kuoni Travel Holding, Ltd. has issued class A stock and class B stock. All of the class A stock, and through that stock 25% of the voting rights in Kuoni Travel Holding, Ltd., is owned by the Kuoni and Hugentobler Foundation. The purpose of the Kuoni and Hugentobler Foundation is to maintain the business purposes of the Swiss travel company, Kuoni Resien Holding, Ltd. Kuoni Travel Holding, Ltd. owns 100% of Nova Airlines AB, a Swedish charter airline.
Edelweiss will operate its services to the United States with an A330-243 aircraft, Swiss registration HB-IQZ, which is leased by Edelweiss from Tyco Capital Aerospace (formerly CIT Aerospace), 1211 Avenue of the Americas, 20th Floor, New York, NY 10036, a citizen of the United States. The aircraft has a capacity of up to 313 passengers (38 business/275 coach) and has a top range of 6,426 nautical miles. Edelweiss also currently operates three A320 aircraft, Swiss registration HB-IHX, HB-IHY, and HB-IHZ. The A320 aircraft are leased from Alp Air Holding, Ltd., P.O. Box 641, No. 1 Seaton Place, St. Helier, Jersey JE4 8YJ, Channel Islands, a citizen of the United Kingdom. (Kuoni Travel Holding, Ltd.
Counsel: Zuckert Scoutt, Rachel Trinder, 202.298.8660, rbtrinder@zsrlaw.com
| OST-02-11481 | February 5, 2002 | Motion for Confidential Treatment |
U.S.- Switzerland |
| Service List |
Counsel: Zuckert Scoutt, Rachel Trinder, 202.298.8660, rbtrinder@zsrlaw.com
| OST-02-11482 | February 5, 2002 | Application for Exemption |
U.S.- Switzerland |
| Service List |
Counsel: Zuckert Scoutt, Rachel Trinder, 202.298.8660, rbtrinder@zsrlaw.com
| OST-99-5111 | February 5, 2002 | Application for Renewal of Exemption |
Nagoya, Japan- Guam and Saipan |
| Service List |
Hereby applies to the Department of Transportation for renewal of its exemption from Section 41301 of the same Title, enabling it to conduct scheduled foreign air transportation of persons, property, and mail between Nagoya, Japan, and Guam and Saipan. JAA requests renewal of the exemption for a period of not less than two years. The existing exemption expires on March 2, 2002.
Counsel: Steptoe Johnson, William Karas, 202.429.6223
Lineas Aereas Azteca, S.A. de C.V.
| OST-02-11463 | Filed February 1, 2002 Issued February 5, 2002 |
Notice
of Action Taken |
U.S.- Mexico |
Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, combination service between Mexico City, Mexico, and Laredo, Texas.
By: Paul Gretch
Market Based Actions to Relieve Airport Congestion and Delay
| OST-01-9849 | November 1, 2001 Docketed February 5, 2002 |
Comments
of Brad Eisenpress |
Public Comment to Relieve Airport Congestion and Delay |
On any given day at any given time, a consumer can choose from a myriad of different flights out of the New York Metropolitan area to any given destination around the country. These flights are typically flying at much less than full capacity. This is an inefficient use of the limited number of slots available to air carriers. If the FAA were to study the number of empty seats in flights going from the New York metropolitan area to other airports around the country at any given point in time, the FAA would easily find wasted slots. The FAA should encourage air carriers to more efficiently schedule flights based on consumer demand. Thus, for example, if 4 air carriers fly to Chicago from New York airports between 9:00 a.m. and 9:30 a.m. and each flight is half-full, then only two slots should be allotted for this route at that particular lime. The two slots could be auctioned off to the highest bidder.
By: Brad Eisenpress
Mesaba Aviation, Inc. d/b/a Mesaba Airlines
| OST-01-10642 | February 5, 2002 | Essential
Air Service Proposal of Great Lakes Aviation |
Notice of Intent to Terminate Service at Thief River Falls, MN |
By: Great Lakes Aviation
| OST-01-10644 | February 5, 2002 | Essential
Air Service Proposal of Great Lakes Aviation |
Termination of Service at Watertown, South Dakota |
By: Great Lakes Aviation
| February 5, 2002 | Essential
Air Service Proposal of Great Lakes Aviation |
Termination of Service at Mason City, Iowa and Fort Dodge, Iowa; Laurel/Hattiesburg, MS |
By: Great Lakes Aviation
| February 5, 2002 | Essential Air Service Proposal of Great Lakes Aviation | Termination of Service at Laurel/Hattiesburg, MS |
Servicios Aeronauticos Z, S.A. de C.V.
| OST-97-2651 | February 5, 2002 | Application for Renewal of Exemption |
U.S.- Mexico Charter |
| Attachment: Financials |
Counsel: Daniel Elizondo, 210.922.2855
| OST-98-3853 | February 5, 2002 | Amendment
No. 1 to Application for a Certificate of Public Convenience and
Necessity and Motion for Leave to Amend |
Certificate of Public Convenience and Necessity; U.S.- France |
| Service List |
On January 22, 2002, the governments of the United States and France signed an open skies agreement which further liberalized air carrier services between the two countries. In light of that agreement, United is amending its pending certificate application in order to seek authority commensurate with the full scope of the new open skies agreement. Such authority will provide United with the flexibility to take advantage of the opportunities available to U.S. carriers under the open skies agreement.
From
points behind the United States via the United States and intermediate
points to a point or points in France and beyond;
From points behind the United States via the United States and intermediate points to French Departments of America and beyond;
From points behind the United States via the United States to New Caledonia and/or Wallis and Futuna;
From
points behind the United States via the Untied States and intermediate
points to French Polynesia and beyond; and
See Memorandum of Consultations, October 19, 2001, Annex I, Section 1.A.
Several other U.S. carriers have submitted applications for similar authority that also are pending before the Department. See Application Of Delta Air Lines, Inc. For Renewal And Amendment Of An Exemption, January 28, 2002 (Docket OST-98-3740); Application Of Continental Airlines, Inc. For Renewal Of Exemption, January 28, 2002 (Docket OST-98-3744); Amendment No. 1 To Application Of Northwest Airlines, Inc. For A Certificate Of Public Convenience And Necessity, January 25, 2002 (Docket OST-98-3758); Application Of Northwest Airlines, Inc. For Renewal And Amendment Of Exemption, January 25, 2002 (Docket OST-98-3760).
Upon issuance of a certificate of public convenience and necessity to United for the authority requested in the instant application, as hereby amended, United will amend (i) its pending application in Docket OST99-6385 to withdraw its request for a certificate of public convenience and necessity to serve French Polynesia; and (ii) its pending application in Docket OST-95-625 to withdraw its request to add Lyon and Nice to its authority to serve points in France (in addition to Paris) on Segment 2 of its Certificate for Route 603, as the certificate requested in this proceeding would include all such authority. In addition, United currently holds exemption authority issued in Dockets OST-98-3732 and 00-7628 to serve France. United has filed timely, pending applications for renewal of those exemptions, but will withdraw those applications upon issuance of a certificate that incorporates all of the authority issued to it pursuant to those exemptions.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com
US Airways, Inc.; American Airlines, Inc.; Continental Airlines, Inc.; Continental Micronesia, Inc.; Delta Air Lines, Inc.; United Air Lines, Inc.
| Order 01-2-01 OST-95-656 OST-95-766 OST-95-869 OST-96-1371 OST-96-1389 OST-96-1394 OST-96-1423 OST-01-9855 |
Issued December 14, 2001 Served February 6, 2002 |
Order
Issuing Certificates |
Certificates of Public Convenience: U.S.- Spain; U.S.- Barcelona; Route 171 (Guam- Tokyo); Route 178, Segment 5 (Atlanta- Spain); Segment 6 Route 603 (Washington D.C.- Spain); Route 602 (Dallas Ft/Worth, Miami- Spain); Route 616, Segments 3 and 9: U.S.- Athens, Greece |
| American Airlines - Route 602 - OST-95-766 & OST-96-1394 | Barcelona/Austria Authority Dallas/Ft. Worth/Miami-Spain |
||
| Continental Airlines - Route 29-F - OST-96-1423 | New York (Newark)-the Azores-Lisbon-Madrid-Barcelona and Beyond | ||
| Continental Micronesia - Route 171 - OST-95-869 | Guam - Toyko, Japan | ||
| Delta Air Lines - Route 616 - OST-01-9855 | United States and Athens, Greece | ||
| Delta Air Lines - Route 178 - OST-96-1371 | Route 178, Segment 5 - Atlanta-Spain | ||
| United Air Lines - Route 603 - OST-96-1389 | Spain on Segment 6 of Route 603 | ||
| US Airways - Route 737 - OST-95-656 | Philadelphia/Boston - Madrid/Barcelona/Malaga/Palma de Mallorca, Spain |
We will amend United's certificate for Route 603 to reflect renewal of authority to serve Spain on segment 6 for another five years, and will add a new condition authorizing route integration. We will dismiss United's request that its certificate authority be renewed for an indefinite duration. Although, as United notes, there may be some flexibility under the U.S.-Spain aviation agreement for additional U.S.-Spain services, that regime still technically remains a limited-entry regime. In these circumstances, we are not persuaded that it is in the public interest to deviate from our standard practice to limit U.S. carrier route authority to five years in countrypair markets where U.S. carrier rights are not fully open.
By: Read Van de Water
| OST-01-11029 | February 5, 2002 | Joint Answer of American Airlines and British Airways |
U.S.- U.K. Alliance |
| Service List |
American Airlines, Inc. and British Airways Plc hereby jointly answer in opposition to the motion to dismiss filed on January 31, 2002 by Continental Airlines, Inc., Delta Air Lines, Inc., and Northwest Airlines, Inc. On February 1, 2002, the Department issued a notice requiring that answers be submitted by February 5, 2002, and stating that the joint applicants "should specifically address the status of the proposed alliances" (p. 1). The motion to dismiss should be denied. On January 25, 2002, the Department issued show-cause Order 2002-1-12, providing the opportunity to submit objections on February 15, 2002 and answers on February 25, 2002. American and British Airways intend to respond in accordance with the Department's procedural schedule. The proposed alliance agreement between American and British Airways remains in place.
Counsel: American, Carl Nelson, 202.496.5647, carl.nelson@aa.com British Airways, Paul Jasinski, 718.397.4250
| OST-01-11029 | February 5, 2002 | Answer of Federal Express in Opposition to Motion
to Dismiss |
U.S.- U.K. Alliance |
| Service List |
More
importantly, FedEx believes that the US and UK governments should not abandon
their open skies negotiations. It is important to travelers and shippers in the
transatlantic markets that this critical market be opened up immediately.
Granting the Motion to Dismiss will send a message that the United States has
given up, and that is the wrong message, especially at this critical juncture.
FedEx believes that the Order itself is legally flawed, in a fatal sense, and will put that position forward in its response to the Show-Cause Order. FedEx does not believe that the Department should deprive the participants in this docket of the opportunity to address those flaws in accordance with the established principles of due process. For the foregoing reasons, the Department should deny the Motion to Dismiss filed by Continental, Delta, and Northwest.
Counsel: FedEx, Nancy Sparks, 202.756.2461, nssparks@fedex.com
| OST-01-11029 | February 5, 2002 | 
Joint Answer of United, Austrian,
bmi, Lauda, Lufthansa, SAS to Motion to Dismiss |
U.S.- U.K. Alliance |
| Service List |
Although American and British Airways have jointly issued a statement opposing the conditions the Department tentatively proposed in Order 2002-1-12, not sought leave to withdraw their joint application for immunity. Nor has either indicated that it does not intend to file timely objections to the Order. For their part, Joint Applicants remain fully committed to their alliance and to the efforts by the Department to secure a liberalized air services agreement with the United Kingdom. In that regard, the statement Secretary Mineta issued on January 25, 2002, following the announcement by American and British Airways of their objections to the conditions tentatively proposed in Order 2002-1-12, confirms the Department's intention to "continue working with the United Kingdom to achieve our long held mutual objective of open skies." Joint Applicants intend to respond more fully to Order 2002-1-12 according to the schedule established by the Department in the order.
Joint Applicants strongly endorse the Department's intentions. The pursuit of a more liberal air service agreement with the United Kingdom cannot be held hostage to the willingness of American and British Airways to implement their alliance agreement on terms necessary to protect consumer interests and competition. For that reason, the public interest, as opposed to the private commercial interests of Continental, Delta and Northwest, would not be served by the Department's preemptive termination of this proceeding. On the contrary, Joint Applicants are firmly convinced that the Department's long-held desire to secure a liberalized air services agreement with the United Kingdom will be better served by continuing this proceeding than by the peremptory termination sought by Continental, Delta and Northwest.
In any event, Joint Applicants have a due process right to a final decision from the Department on their joint application for immunity for their alliance agreements, and United and bmi have a similar right to a final decision on their joint application for authority to code share on Heathrow services. A decision to terminate this proceeding would be a direct denial of those rights. To avoid such a denial and to facilitate the conclusion of a liberalized air services agreement with the United Kingdom, the Motion To Dismiss must be denied.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com
International Air Transport Association
| OST-02-11479 | February 5, 2002 | Application
for Approval of Agreements |
PTC12 USA-EUR |
By: David O'Connor
| OST-02-11480 | February 5, 2002 | Application
for Approval of Agreements |
PTC3 0547 |
By: David O'Connor
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