OST Filings for February 12, 2002

OST Docket Filings February 12, 2002

Last Updated 02/13/02 08:34 AM

Applications and Renewals:

IATA (3) | Laker Airways (2)- U.S.- Bahamas (Nassau-Jacksonville/Tampa)

Answers and Replies:

Compensation of Air Carriers (2)- Request for Extension of Time/Comments | Markair Express - Comments

Market Based (2)- Comments | Ogden Flight - Request for Additional Information

Notices of Action Taken:

None

Notices and Orders:

Spirit - Allowing Suspension of Service - Melbourne-LGA

L.B. Limited

OST-95-477	February 12, 2002	Application for Amendment of Foreign Carrier Permit	U.S.- Bahamas
		Attachment: License Issued 2/07/2002
		Service List

Laker Airways (Bahamas) Limited hereby applies for amendment and re-issuance of its Foreign Air Carrier Permit issued to it by Order 96-6-45² to the extent necessary to permit Laker to engage in scheduled air transportation of persons, property and mail on the following Bahamas-U.S. scheduled combination routes: Terminal point Nassau, Bahamas on the one hand, and the coterminal points Tampa, Florida; and Jacksonville, Florida on the other hand. Laker further requests that these new U.S. points be coterminalized with Laker's existing U.S. coterminal points authorized by Orders 96-6-45, 97-8-12, and 98-3-23.

Laker will operate the services proposed herein utilizing B-727-200 combination equipment.

Counsel: Pierre Murphy, 202.872.1679, pmurphy@lopmurphy.com

OST-02-11583	February 12, 2002	Application for Exemption Authority	U.S.- Bahamas
		Attachment: License Issued 2/07/2002
		Service List

Hereby applies for an Exemption to the extent necessary to permit Laker to engage in scheduled combination air transportation between the terminal point Nassau, Bahamas on the one hand, and the co-terminal points Tampa, Florida and Jacksonville, Florida on the other hand, and to co-terminalize this authority with Laker's other U.S.-Bahamas scheduled authorities.

Laker is seeking this exemption to enable it to provide scheduled combination service from Freeport and Tampa and Jacksonville. Laker proposes to operate the services described herein as soon as possible using B-727-200 equipment.

Counsel: Pierre Murphy, 202.872.1679, pmurphy@lopmurphy.com

Index

Markair Express

OST-95-363

February 11, 2002

Comments of the City of Atka, Alaska

Termination at Atka Island & Umnak Island, Alaska

By: City of Atka, Alaska, George Dirks

Index

Market Based Actions to Relieve Airport Congestion and Delay

OST-01-9849

October 23, 2001
Docketed February 11, 2002

Comments of Geoffrey Wiener

Public Comment to Relieve Airport Congestion and Delay

By: Geoffrey Wiener

OST-01-9849

October 29, 2001
Docketed February 12, 2002

Comments of Janice Bozian

Public Comment to Relieve Airport Congestion and Delay

By: Janice Bozian

Index

Procedures for Compensation of Air Carriers

OST-01-10885

February 11, 2002

Comments of Life Flight Program

Procedures for Compensation of Air Carriers

By: Life Flight Program, Linda Munyer

OST-01-10885	February 12, 2002	Request of NY/NJ Foreign Freight Forwarders, JFK Airport Customs Brokers and SouthFlorida Non-Vessel-Operating Common Carriers for Extension of Time to Submit Compensation Applications	Procedures for Compensation of Air Carriers
		Service List

On behalf of our clients, The New York/New Jersey Foreign Freight Forwarders and Brokers Association, Inc., the J.F.K. Airport Customs Brokers Association, Inc. and the South Florida Non-Vessel-Operating Common Carriers and Non-Aircraft-Operating Common Carriers Association, Inc., we enclose an original and ten (10) copies of a Request for Extension of Time to Submit Compensation Applications

By: Rodriguez O'Donnell, Carlos Rodriguez, 202.973.2999, rodriquez@rofgw.com

Index

Ogden Flight Services Group, Inc.

OST-01-9311

February 6, 2002
Docketed February 12, 2002

Request for Additional and Clarifying Information

Certificate of Public Convenience and Necessity

What I need to know is whether all of the other shareholders in Aviation Holding are U.S. citizens and how the citizenship of each investor has been determined. If any investor is not a U.S. citizen, I need to know the country of that investor's citizenship and the percentage of Aviation Holding stock that investor currently holds.

(2) Since OFSG is an operating air carrier and its key employees are actively employed in aviation positions, I need an update to the compliance information submitted with the initial application. Specifically, please address the following items for OFSG, its owners, and its key personnel for the post-application period:

(a) Provide a description of the current status of all pending investigations, enforcement actions, and formal complaints filed with or instituted by the Department, including the FAA, involving the applicant, relevant corporations, their key personnel, or persons having a substantial interest in any of these companies, involving the Statute, and the rules and regulations of the Department, including the FAA.

By: Janet Davis

Index

Spirit Airlines, Inc.

Order 02-2-10
OST-01-11113

Issued February 12, 2002
Served February 12, 2002

Order Allowing Suspension of Service

Waiver of Notice and Early Termination of Service; L.A.- Melbourne, Florida

We have decided to grant Spirit's request to suspend service. Despite this action, we take note of and are concerned with the procedural shortcomings in Spirit's notification to terminate its La Guardia-Melbourne service. Although on October 16, Spirit complied with the provisions of Department Order 2001-9-20 by notifying the Department of its La Guardia-Melbourne service termination of in the wake of September 11 events, that action did not relieve Spirit of its obligation to comply with the provisions of section 41716(d), especially the requirement that Spirit demonstrate operating losses for the La Guardia-Melbourne service. The notice requirements of Order 2001-9-20 were made in addition to, and not in place of, the section 41716(d) requirements. After October 16, when Spirit made its decision not to re-institute La Guardia-Melbourne service, the carrier should have immediately filed its section 41719 notice and demonstrated its operating losses as required by section 41716(d). In this regard, we view Spirit's December 5 filing as tardy.

Spirit has reported losses of nearly $850,000 during the first nine months of 2001 on the La Guardia-Melbourne route. Under these circumstances, we find that Spirit's losses may be deemed excessive and substantial. La Guardia, Melbourne will still receive access to the national air transportation system with nonstop service to Atlanta and Orlando. We also disagree with Melbourne's contention that, because Spirit received compensation under the Stabilization Act that was computed based on a formula that included the available-seat-miles it operated in August 2001 between La Guardia and Melbourne, there is an obligation for it to continue operating that particular service. The statutory formula in the Stabilization Act was intended to provide a measure of comparative operations for purposes of allocating compensation payments. We see no indication in the language of that Act or its legislative history that that formula was somehow intended to supersede the Airline Deregulation Act and re-impose federal controls over air carrier rates, routes and service.

By: Read Van de Water

Index

International Air Transport Association

OST-02-11550

February 12, 2002

Application for Approval of Agreements

PTC12 NMS-ME 0159

By: David O'Connor

OST-02-11581

February 12, 2002

Application for Approval of Agreements

CBPP/9/Meet/004/2001