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OST Docket Filings for February 11, 2002 |
Last Updated 02/12/02 05:30 PM
Applications and Renewals:
IATA (3) | Volga - Denver- Cleveland
Answers and Replies:
Alaska Airlines - Service Letter | Cathay Pacific - Letter in Support | Compensation of Air Carriers - Comments
CRS - Comments | IATA - Technical Correction | Southern Winds - Answer of United
Sundance Air Venezuela - Reply U.S.- Ecuador - 23rd Interim Report
Notices of Action Taken:
None
Notices and Orders:
Cook v Northwest - Order
Essential Air Service - Reselecting Carrier | Express I - Show Cause | Great Lakes - Service Obligation
Form 41's:
| OST-02-11537 | February 8, 2002 | L.A.- Vancouver, British Columbia and Calgary, Alberta Canada Codeshare with Lan Chile |
I am writing to confirm that the following carriers have been served today via telecopier with Alaska's pending application for statement of authorization in Docket OST-2002-11537: Casino Express-Mark Atwood; Hawaiian Airlines-Jonathan Hill; Horizon Air-Stephen Alterman; Midwest Express-Robert Silverberg; Comair-Richard Taylor
Counsel: Squire Sanders, Marshall Sinick, 202.626.6651, msinsick@ssd.com
Cathay Pacific Airways Limited
| OST-95-940 | February 8, 2002 | Hong Kong- Anchorage/Chicago /New York All-Cargo Service; |
On behalf of Ted Stevens Anchorage International Airport, I would encourage approval of the Cathay Pacific Airways Limited's request for exemption to engage in scheduled foreign air transportation carrying property and mail between Hong Kong and Anchorage. Cathay Pacific's stopover in Anchorage currently is only a transit and refueling stop, however with this application, Cathay Pacific would begin using Anchorage as a hub to transfer cargo. Approval of this application thereby increases the profitability of the current route and offers Alaskan residents greater access to new destinations and global markets for Alaskan products. In this context, Cathay Pacific's renewal of exemption for service would expand consumer choice and significantly increase the convenience of cargo service between Alaska and Hong Kong while at the same time should result in greater access to markets, time definite services and competitive rates on this route.
By: Ted Stevens Anchorage International Airport, Morton Plumb
Computer Reservation System Regulations
| OST-97-2881 | February 8, 2002 | Computer Reservation System (CRS) |
Travel agents cannot book these cheap fares and they are only available on the airline website or Orbitz. Anyone who is not Internet savvy will be forced to pay higher fares than those who are Internet savvy. This is not fair and maybe unconstitutional but certainly, there is restraint of trade. Many of my clients do not have Internet access (many are senior citizens) and they have no access to these fares. Since they choose to use us for their travel, they are further discriminated against since we don't have these fares.
By: Uniglobe VIP Travel, Tom Beebe
| Order 02-2-09 OST-97-2401 OST-97-2402 OST-97-2935 |
Issued February 11, 2002 Served February 14, 2002 |
Essential Air Service at Brownwood, Texas; Enid/Ponca City, Oklahoma; and Harrison, Hot Springs, El Dorado/Camden, Jonesboro, Arkansas | |
| Appendices | |||
| Service List |
By this order, the Department is tentatively reselecting Big Sky Transportation Co., d/b/a Big Sky Airlines, to provide essential air service at the seven communities named above for the two-year period beginning December l, 2001, at annualized subsidy rates totaling $8,146,535 for the first 6 months of the period, through May 31, 2002, and $7,781,317 for the remaining 18 months, through November 30, 2003. The order also provides for objections or competing proposals from other interested carriers.
By: Read Van de Water
Express I, Inc. d/b/a Northwest Airlink
| Order 02-2-08 OST-01-10685 |
Issued February 11, 2002 Served February 1, 2002 |
Termination of Service at Laurel/Hattiesburg, Mississippi |
By this order we are directing Express Airlines I, (Express) to show cause why the Department should not dismiss its claim for hold-in subsidy at Laurel/Hattiesburg, Mississippi. The carrier has requested annual compensation of $2,222,783 for three nonstop round trips a day to Memphis with Saab 340 aircraft, the level of service we are requiring the carrier to provide.
We have concluded that the methodology used by Express to calculate subsidy is not appropriate. Given the fixed-fee basis under which Express serves this market, Northwest, not Express, is the party that would sustain losses if revenue generated to and from Laurel/Hattiesburg were inadequate. The proper basis for determining subsidy need in this circumstance is not Express's expenses of operating between Memphis and Laurel/Hattiesburg less a prorated portion of revenue for passengers traveling beyond Memphis on Northwest. Rather, the proper basis for calculating subsidy need for such service is the effect that Express's service to Laurel/Hattiesburg has on Northwest's network profits. A majority of passengers that Express carries between Memphis and Laurel/Hattiesburg travel beyond Memphis throughout Northwest's domestic and worldwide systems. Thus, whether or not Express earns a profit on the Memphis-Laurel/Hattiesburg segment does not dictate whether that service turns a profit for Northwest's system. Indeed, since the cost of operating a spoke segment to a network hub may include most costs of moving passengers from the spoke city to points throughout Northwest's system, it is not unlikely that a carrier will suffer losses on the spoke segment while earning profits overall due to the flow traffic and revenue that spoke generates for the network. Accordingly, we have tentatively determined to dismiss Express's subsidy claim for its holdin service at Laurel/Hattiesburg.
By: Read Van de Water
| Order 02-2-07 OST-99-5712 |
Issued February 8, 2002 Served February 13, 2002 |
90-Day Notice to Terminate EAS Service at Oshkosh, WI |
Order 2002-2-7 is extending Great Lakes' service obligation at Oshkosh, Wisconsin, for another 30 days, through March 18, 2002.
By: Read Van de Water
Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.
| OST-01-10598 | Served February 11, 2002 | Discrimination Against any Otherwise Qualified Individual | |
| Service List |
The
Enforcement Office states that it has carefully reviewed the pleadings filed in
connection with the complaint of Mrs. Cook and Ms. Duggan, the additional
complaint files received directly by the Department and provided by Northwest,
as well as the carrier's response to these complaints, and the mitigating
information it has supplied. The Enforcement Office further states that it views
seriously the obligation of carriers to comply with the ACAA and 14 CFR Part
382, the Department's implementing regulation. It, therefore, continues to be
the Enforcement Office's view that action is warranted here in light of the
number and nature of the violations discovered and the harm to disabled
travelers they have caused.
First,
Northwest will establish an Air Carrier Access Act Compliance Quality Assurance
Program. Under this Program, Northwest will seek, and to the extent necessary
provide incentives for, volunteers from the pool of passengers with disabilities
that utilize Northwest services on a regular basis to provide Northwest with
written reports regarding observed compliance of the carrier with the Air
Carrier Access Act and 14 CFR Part 382 on trips that they take. The reports will
cover, among other things, compliance in the following areas: meet and assist
services, check-in procedures, boarding and deplaning, on-board services (e.g.,
the provision of on-board wheelchairs where required), wheelchair assistance in
terminals, on-board stowage of wheelchairs and complaint handling by the
carrier. The program also will cover Northwest's procedures for internal review
of the reports received, follow-up action to correct any deficiencies discovered
and retest procedures to ensure effectiveness of implemented corrective steps.
Northwest estimates that it will spend $50,000 toward implementation of this
program within two years after the date this order becomes final.
Second,
Northwest will increase its staffing expenditures for wheelchair service
personnel at its hub airports in calendar year 2002 by $250,000 over what
otherwise would be the normal level, i.e., the level that would have been
established using the methodology used to establish the calendar year 2001
level.
Third,
Northwest will order assist bars that will be installed in all of the lavatories
on its new A-330 aircraft at a cost of at least $250,000. These assist bars will
be in addition to the assist bars for the wheelchair accessible lavatory
required for each aircraft by 14 CFR 382.21(a)(3). The assist bars will provide
additional lavatory accessibility for passengers with disabilities.
The
Deputy General Counsel believes, based on her review of the materials related to
this matter, including third-party complaints, the informal complaints received
by the Department, and the informal complaints received by Northwest, that
further action by the Department is not warranted. Accordingly, this order
dismisses the complaint filed by the Enforcement Office under 14 CFR 302.417(c).
Although in the Deputy General Counsel's view Northwest's conduct as described
in the formal complaints as well as in other documentation violated certain
requirements of Part 382 and the ACAA, she believes that those violations are
adequately addressed by the settlement reached in this case. 7 This
settlement renders further action by the Department on this matter not to be in
the public interest.
By: Ronnie Yoder
Procedures for Compensation of Air Carriers
| OST-01-10885 | February 11, 2002 | Procedures for Compensation of Air Carriers |
By: Deaconess Billings Clinic, Christy Baxter,
| OST-02-11417 OST-02-11418 |
February 11, 2002 | Exemption and Foreign Air Carrier Permit - Argentina-US | |
| Service List |
United does not object, in principle, to Southern Winds obtaining the permit and exemption authority necessary to exercise the rights provided for Argentineflag carriers under the U.S.-Argentina bilateral agreement. Such authority, however, should not be granted until U.S. carriers are assured their ability to fully exercise their own bilateral rights, including those pertaining to revenue conversion and remittance of funds, are secure and unimpaired. As of December 1, 2001, U.S. carrier assets held in bank accounts in Argentina have been frozen. Although U.S. carriers' individual banks are permitted to remit funds upon authorization by the Central Bank of Argentina, U.S. carriers' repeated requests to repatriate these funds have gone unacknowledged by the Central Bank.
Although United is sensitive to the difficulties facing the Argentine economy, such pressures do not justify this clear infringement of U.S. carriers' bilateral rights. These unlawful restrictions seriously impair U.S. carriers' cash flow and threaten the viability of their U.S.-Argentina operations. Indeed, these unlawful restrictions threaten the very services that help support trade between the two countries during this economic crisis.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com
| OST-96-1640 | February 8, 2002 Docketed February 11, 2002 |
Form 41; Schedule B-7 | |
| Service List |
Counsel: Southwest, Donald Hood, 214.792.4049
| OST-02-11437 | February 11, 2002 | U.S.- Venezuela |
Counsel: Sundance Air, Bert Van Toornburg, 303.261.0293, toornburg@mindspring.com
U.S.- Ecuador All Cargo Frequency Allocations
| OST-00-7513 | February 11, 2002 | U.S.- Ecuador | |
| Service List |
Pursuant to the Notice of Action Taken in the above docket
on January 31, 2002, Gemini Air Cargo, Inc., submits its weekly report regarding
its progress toward obtaining authority from the Government of Ecuador to
operate scheduled all-cargo service to Ecuador.
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 Gemini has continued to inquire about the reason for the delay, and to press for issuance of the Part 129 authority, the DGAC has not provided Gemini any reason for the delay. Investigations of recent aviation accidents in Ecuador have required a great deal of time from DGAC officials and may have delayed action on Gemini's application. In addition, the DGAC is closed because of holidays on February 11 and 12, 2002, temporarily delaying action. Since its last Interim Report on February 4, 2002, Gemini has operated eight charter flights to Ecuador.
Counsel: Roller Bauer, Moffett Roller, 202.331.3300
Volga-Dnepr J.S. Cargo Airline
| OST-02-11548 | February 11, 2002 | Denver- Cleveland | |
| Attachment: Request for Flight | |||
| Service List |
The outsized cargo to be transported by Volga-Dnepr from Denver to Cleveland will consist of one Lockheed Martin Astronautics ("LMSS") Atlas V Payload Fairing in two Transport Container Trailers, with the combined weight of approximately 96,500 pounds. Due to its extreme width, the cargo as described cannot be transported on any commercially available U.S. aircraft, and requires the use of the AN124-100 aircraft.
Volga-Dnepr will operate the flight on behalf of Lockheed Martin as part of an effort to provide urgently needed lift to reach Cleveland not later than the scheduled shipment date. Lockheed Martin is shipping the Launch Vehicle Fairings to Cleveland to be able to then transport them to the Plumbrook NASA facility for testing. This shipment needs to reach Plumbrook NASA facility on the set date to support the test window at NASA and subsequent initial launch capability planned for March 20, 2003 from Cape Canaveral, Florida. As a result, Lockheed Martin stands to loose millions of dollars if the shipment does not occur on time, while only the use of Volga-Dnepr's outsized aircraft can make it possible to perform the service in question within the set schedule.
Counsel: Wicks Group, Glenn Wicks, 202.457.7790
International Air Transport Association
| OST-01-9323 | February 8, 2002 | PTC2 ME-AFR Fares 0048 Corrects PTC2 ME-AFR Fares 0043 |
By: David O'Connor
| OST-02-11541 | February 8, 2002 | PTC12 MEX-EUR 0046 |
By: David O'Connor
| OST-02-11542 | February 8, 2002 | PTC12 NMS-ME 0158 |
By: David O'Connor
| OST-02-11543 | February 8, 2002 | PTC3 0548 |
By: David O'Connor
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© Copyright 2002 Airline Information Research, Inc. All rights reserved.