OST Filings for February 15, 2002

Exemption from to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment.

By: Paul Gretch

Index

All U.S. Air Carriers; Waiver of Dormancy Conditions on Limited Entry Route Authority

Dormancy Waiver Chart

OST-01-11065	February 15, 2002	Notice of American Airlines	Waiver of Dormancy Conditions on Limited-Entry Route Authority
		Service List

Brazil. As of April 1, 2002, American will not be using two of its seven weekly U.S.-Brazil frequencies granted for New York (JFK)-Rio de Janeiro service by order 2000-12-2, December 1, 2000 in the 1998 U.S.-Brazil Combination Service Case. American is this day filing an application in OST-1999-6284 asking that the dormancy condition for these two frequencies be waived for a period of nine months, or through January 8, 2003.

France. As of April 1, 2002, American will not be using seven weekly U.S.-France frequencies granted for service to Chicago or San Jose by Notice of Action Taken, OST2000-7628, September 7, 2000 in the U.S.-France Frequency Allocation Proceeding. On January 22, 2002, the United States and France signed an open skies agreement, thereby ending the need for frequency allocations.

Japan. As of April 1, 2002, American will not be using seven U.S.-Japan frequencies granted for Dallas/Ft. Worth-Osaka service by order 98-5-17, May 18, 1998 in the 1998 U.S.-Japan Combination Service Proceeding. American is this day filing an application in OST-1998-3419 asking that the dormancy condition for these frequencies be waived for a period of one year, or through April 1, 2003.

Ukraine. As of April l, 2002, American will not be using its third-country codeshare designation for service to Ukraine granted by Order 2000-11-1, November 2, 2001 in U.S.Ukraine Third-Country Codesharing Opportunities; see also Notice of Action Taken, OST-2000-7784, January 26, 2001. American is this day filing an application in OST-2000-7784 asking that the dormancy condition for this designation be waived for a period of six months, or through October 1, 2002.

Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com

OST-01-11065

February 15, 2002

Notice of Continental Airlines

Waiver of Dormancy Conditions on Limited-Entry Route Authority

Continental will not be operating service or operating reduced service over the following routes beginning April 1, 2002: Brazil Frequencies - Continental is serving New York/Newark-Rio de Janeiro via connections at Sao Paulo on its Houston-Sao Paulo-Rio de Janeiro flights, but not using the four frequencies allocated to it for New York/Newark-Rio de Janeiro nonstop service. (See Order 97-4-13, Docket OST-96-2016) Ecuador Frequencies - Continental will not be using 1.5 of the frequencies allocated to it for Houston-Panama City-Quito service. See Order 2000-8-19, Docket OST-95-958) Japan Frequencies - Continental will not be operating two of the seven U.S.-Japan frequencies awarded to it for New York/Newark-Tokyo service. See Order 98-5-7, Docket OST-98-3419) San Antonio-Mexico City - Continental has terminated the San Antonio-Mexico City service authorized by its Route 561 certificate authority. See Order 2001-5-31, Docket OST-99-5868).

Counsel: Continental and Crowell Moring, Bruce Keiner, 202.624.2500, rbkeiner@crowell.com

OST-02-11615

February 15, 2002

Application of Continental Airlines for Dormancy Waiver

Waiver of the Dormancy Conditions - US-Brazil; US-Ecuador; US-Japan Frequency Allocations

Continental is currently offering daily nonstop service between New York/Newark and Sao Paulo, with connecting service offered to Rio de Janeiro passengers at Sao Paulo, as well as Houston-Sao Paulo-Rio de Janeiro services. Continental has temporarily suspended its four weekly nonstop New York/NewarkRio de Janeiro flights, however, in the wake of the tragic events of September 11 and the resulting decline in demand for U.S.-Brazil services.

Continental currently holds an allocation of 10.5 weekly U.S.-Ecuador frequencies granted by Orders 91-5-24, 92-3-45, 92-11-46, and most recently renewed by Order 2000-8-19 in Docket OST-95-958. Continental will be operating two frequencies per week as of April 1, 2002. Thus, Continental is requesting a waiver of the dormancy condition applicable to 1.5 of its U.S.-Ecuador frequencies.

Continental was allocated seven frequencies for its New York/NewarkTokyo service and Continental will be operating five of those frequencies per week as of April 1, 2002. Continental hopes to resume its daily New York/Newark-Tokyo service by July 1, 2002, and is requesting waiver of the dormancy condition applicable to two of its U.S.-Japan frequencies.

Good cause exists for waiving the dormancy conditions applicable to Continental's U.S.-Brazil, U.S.-Ecuador and U.S.-Japan frequencies through December 31, 2002. The "marketplace uncertainties" that the Department noted in Order 2002-2-2 when it granted a blanket waiver of dormancy conditions to U.S. carriers regrettably continue to exist, and demand for services on U.S.-Brazil, U.S.-Ecuador and U.S.-Japan routes remains depressed. Continental is seeking the requested dormancy waivers to maintain the flexibility to re-introduce New York/Newark-Rio de Janeiro service and resume additional Houston-Panama CityQuito and New York/Newark-Tokyo services when economic conditions improve.

Counsel: Continental and Crowell Moring, Bruce Keiner, 202.624.2500, rbkeiner@crowell.com

OST-01-11065

February 15, 2002

Notice of Continental Micronesia

Waiver of Dormancy Conditions on Limited-Entry Route Authority

Continental Micronesia will not be operating service between Honolulu and Tokyo as of April 1, 2002. Continental Micronesia has been awarded waivers of the dormancy condition applicable to its Honolulu-Tokyo authority see, e.g., Notice of Action Taken dated August 3, 2000 in Docket OST-98-3419 and Orders 2001-11-5 and 2002-2-2 issued in this docket), and Continental Micronesia is submitting a request for a waiver of the dormancy condition applicable to its Honolulu-Tokyo frequencies today in a separate docket.

Counsel: Continental and Crowell Moring, Bruce Keiner, 202.624.2500, rbkeiner@crowell.com

OST-02-11614

February 15, 2002

Application of Continental Micronesia for Dormancy Waiver

Waiver of the Dormancy Conditions - Honolulu-Tokyo Frequency Allocation

Continental Micronesia applies for waiver of the 90-day dormancy condition applicable to its allocation of five weekly frequencies for service between Honolulu, Hawaii, and Tokyo, Japan, awarded in the 1998 U.S.-Japan Combination Service Proceeding. Continental Micronesia asks that the dormancy waiver for its Honolulu-Tokyo frequencies be extended until at least March 28, 2003.

Counsel: Continental and Crowell Moring, Bruce Keiner, 202.624.2500, rbkeiner@crowell.com

OST-01-11065

February 15, 2002

Notice of Delta Air Lines

Microsoft Word File

Waiver of Dormancy Conditions on Limited-Entry Route Authority

Pursuant to Orders 2001-11-15 and 2002-2-2, Delta Air Lines, Inc. hereby notifies the Department of the following routes where Delta holds authorities that are subject to the Department's blanket dormancy waiver, and where Delta will not be operating service as of April 1, 2002:

Los Angeles–Nagoya (7 frequencies)
Los Angeles-Tokyo (7 frequencies)
New York-Tokyo (7 frequencies)
Portland-Osaka/Fukuoka (13 frequencies)

OST-01-11065	February 15, 2002	Notice of Federal Express	Waiver of Dormancy Conditions on Limited-Entry Route Authority
		Service List

Pursuant to the Department's Order granting blanket temporary dormancy waivers for all U.S. carvers, FedEx submits this notice of service for limited-entry route rights for Russia and the Tashkent overflights, beginning April 1, 2002.

Russia. FedEx plans to resume service between New York/Newark and Moscow on or before April l, 2002. FedEx holds authority to operate this route on its certificate for Route 119 granted by Order 90-11-54. FedEx will initially operate at least one weekly frequency. FedEx is continuing to assess market conditions and may increase the service if demand warrants.

Tashkent Overflights. FedEx holds twelve weekly all-cargo overflight frequencies to operate between Paris, France and Subic Bay, Philippines, six in the eastbound direction and six in the westbound direction. FedEx is currently using five eastbound frequencies to provide air express/cargo service over the Tashkent overflight routing. Four flights are regularly scheduled and the fifth frequency is used because Russian authorities require FedEx to use an additional frequency whenever a scheduled flight is delayed. FedEx intends to renew its request for a waiver of the dormancy condition for the remaining seven frequencies.

Counsel: FedEx, Melissa Paul, 901-434-8580

OST-01-11065	February 15, 2002	Notice of Polar Air Cargo	Waiver of Dormancy Conditions on Limited-Entry Route Authority
		Service List

Pursuant to Orders 02-2-2 and 01-11-15, Polar Air Cargo, Inc. submits the following notice identifying each limited-entry market subject to the blanket dormancy waiver contained in Order 01-11-15 in which Polar will not resume service as of April 1, 2002:

Allocation of three (3) weekly U.S.-South Africa all-cargo frequencies (Docket OST-97-2939). Polar does not intend to seek a further dormancy waiver with respect to these three frequencies.
Allocation of two (2) weekly U.S.-Saudi Arabia ail-cargo frequencies (Docket OST-98-3652). Polar intends to seek a limited dormancy waiver to maintain these frequencies in effect and will file such an application shortly.

Counsel: Wilmer Cutler, Jeffery Manley, 202.663.8060, jmanley@wilmer.com

OST-01-11065	February 15, 2002	Notice of United Air Lines	Waiver of Dormancy Conditions on Limited-Entry Route Authority
		Service List

Pursuant to Orders 02-2-2 and 01-11-15, United Air Lines, Inc. submits the following notice listing each limited-entry market authorization subject to the blanket dormancy waiver of Order 01-11-15 in which United will not resume service beginning April 1, 2002:

Allocation of fourteen (14) Europe-India Russian overflight frequencies (7 eastbound and 7 westbound) in Docket OST-97-2610.
Denver-Mazatlan: exemption to code share on Mexicana flights in Docket OST-96-1988.

Counsel: Wilmer Cutler, Jeffery Manley, 202.663.8060, jmanley@wilmer.com

Index

American Airlines, Inc.; 1998 U.S.-Japan Combination Service Proceeding

OST-98-3419	February 15, 2002	Application of American Airlines Dormancy Waiver	Dallas/Ft. Worth- Osaka Frequency Allocation
		Service List

American suspended Dallas/Ft. Worth-Osaka service on September 11, 2001. By order 2001-11-15, November 29, 2001, the Department granted all U.S. carriers holding limited-entry international route authority a waiver of applicable dormancy conditions through March 31, 2002. Any such dormant authority not resumed by April 1, 2002 will revert automatically to the Department, absent a further waiver.

Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com

Index

American Eagle Airlines, Inc.

OST-02-11462	February 15, 2002	Answer of Greater Baton Rouge Airport District in Opposition	Chicago O'Hare- Baton Rouge
		Attachments: Airport Statistics
		Service List

The Airport acknowledges that under current regulations the slot exemptions in the ORD market will cease to exist on July 1, 2002, and that any carrier willing to serve the ORD-BTR will be able to do so upon application and certification. 49 U.S.C. § 41715(a)(1) (eliminating the High Density Rule at ORD); Order 2000-4-14. However, the Airport believes that it is in the best interest of the Baton Rouge community to ensure that there is no lapse of service in the ORD-BTR market leading up to the end of the High Density Rule at O'Hare.

The Airport respectfully requests that the Department consider the following arguments when making its determination: 1) American Eagle's argument concerning the poor financial performance in the ORD-BTR market is misplaced given current market conditions; 2) American Eagle's contention that BTR is "well connected to the national air transportation system" does not address the core issue (Application at 2); 3) American Eagle's contention that "only one of the four operations ... occurs at a time when slot restrictions still apply" has no bearing on the matter at hand (Application at 2); and 4) allowing for such hasty withdraw from the ORD-BTR market goes against the important public policies associated with the original grant of slot exemptions for the ORD-BTR market (some of these arguments, as addressed below, were used by American Eagle to receive the slot exemptions in the first place).

American Eagle's performance in the ORD-BTR market can be partly blamed on its own operational decisions. While it is clear that the Department is not in the business of telling an airline how to run its operations, it is worth noting to ensure that the record before the Department is full and complete. BTR is primarily a business traveler's market and departure and arrival times are crucial to any route's success in the BTR market. Given this, American Eagle does not offer an early morning (including an originator) flight to or from BTR. The earliest flight from BTR to ORD is 1108 and the earliest flight from ORD to BTR is 0815. OAG, February 2002. While the non-stop flight on American Eagle to Chicago would be the most preferred routing, the business traveler leaving BTR is forced to take a connecting flight via a hub market or take an inconvenient automobile trip to New Orleans.

Counsel: PA Consulting, Christopher Weaver, 757.258.8703

Index

Compania Mexicana de Aviacion S.A. de C.V.

OST-02-11455

Filed January 31, 2002
Supplemented February, 2002
Issued February 14, 2002

Notice of Action Taken

Mexico City, Mexico- Laredo, Texas

Exemption from to permit the applicant to conduct scheduled combination service between Mexico City, Mexico, and Laredo, Texas, for a period of one year; and a Statement of Authorization under 14 CFR Part 212 to permit the applicant to carry the code of Transportes Aeromar, S.A. de C.V., on these flights, for an indefinite duration.

By: Paul Gretch

Index

Market Based Actions to Relieve Airport Congestion and Delay

OST-01-9849

October 19, 2001
Docketed February 14, 2002

Comments of Mr. & Mrs. Christopher Allen

Public Comment to Relieve Airport Congestion and Delay

By: Mr. & Mrs. Christopher Allen

Index

Mesaba Aviation, Inc. d/b/a Mesaba Airlines

OST-01-10684

February 15, 2002

Proposal of Great Lakes Aviation for Essential Air Service

Termination of Service at Fort Dodge, Iowa

By: Great Lakes

Index

Polyensian Limited

OST-02-11613	February 15, 2002	Application for Emergency Exemption	Pago Pago- Manu'a
		Attachment: Request for Charter
		Service List

Hereby requests an emergency exemption from the provisions of 49 U.S.C. 40109(g) and 41703(c), and any other applicable statutes and regulations of the Department of Transportation ("Department"), permitting Polynesian to operate one one-way single-entity passenger charter flight utilizing Polynesian's Britten Norman Islander or Twin Otter aircraft to transport mechanics and aircraft parts of Samoa Air from Pago Pago, American Samoa to Manu'a, American Samoa on or around February 15, 2002.

Polynesian has been asked on an emergency basis to operate this single flight for Samoa Air so that Samoa Air can repair and retrieve one of its two Twin Otter aircraft, which is stranded in Manu'a due to a mechanical breakdown. No other carrier, U.S. or foreign, is available to operate this flight.

Counsel: Squire Sanders, Charles Donley, 202.626.6840, cdonley@ssd.com

Index

Procedures for Compensation of Air Carriers

OST-01-10885

February 15, 2002

Supplemental Comments of BAX Global

Procedures for Compensation of Air Carriers

In sum, and as discussed in BAX's January 16 Comments, by artificially constricting the scope of operations for which cargo indirect air carriers can receive compensation (essentially all-cargo operations conducted by a DAC that has not applied or is ineligible to apply for compensation under the Act), the Department has greatly reduced if not constructively eliminated the ability of IACs to receive the compensation Congress assured them. Worse yet, the Amended Final Rule further restricts legitimate IAC claims by denying compensation for IAC combination movements and "clarifying" earlier restrictions on claims for domestic all-cargo movements. BAX vigorously opposes these restrictions and maintains that the Department's regulations, as interpreted by the Amended Final Rule, are inherently inconsistent with the requirements of the Act and frustrate its objectives. Watered-down compensation to IACs is neither appropriate nor lawful. BAX urges in the strongest terms that the Department address the issues presented here before final disbursements are made from the passenger carrier fund or the all-cargo carrier fund.

Counsel: Bax Global, Vicki Hassman, 949.752.4000

Index

Volga-Dnepr J.S. Cargo Airline

OST-02-11600

Filed February 13, 2002
Issued February 13, 2002

Notice of Action Taken

Miramar- Guam- North Island

Exemption pursuant to operate one cargo charter flight from Mirimar, CA, to Agana, Guam, and returning to North Island, CA, on or about February 13/14,2002, using its AN- 124 aircraft, to transport outsized cargo consisting of U.S. Navy Seal speed boats on trailers, and ancillary equipment, on behalf of the United States military. It stated that the military required urgent delivery to replace certain boats in the Pacific, that military aircraft are not available to carry this cargo, and that the cargo is too large for transportation on U.S.-carrier civil aircraft.

By: Read Van de Water

Index

1999 U.S.-Brazil Combination Service Case

OST-99-6284	February 15, 2002	Application of American Airlines for Dormancy Waiver	New York- Rio de Janeiro Frequency Allocation; 1999 U.S.- Brazil Combination Service Case
		Service List

American briefly suspended nonstop service between New York (JFK) and Rio de Janeiro in the wake of September 11, and returned to the market with five weekly roundtrips on December 15, 2002. American anticipates remaining at that service level until January 8, 2003, when it intends to resume daily service.

Due to a current shortage of long-range widebody aircraft, as well as unfavorable economic conditions, American has temporarily suspended two of its seven weekly JFK-GIG nonstops. American is currently the only carrier (U.S. or foreign-flag) providing nonstop service from New York (JFK or EWR) to Rio de Janeiro. American intends to restore the two suspended flights by January 8, 2003.

Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com

Index

U.S.- Ukraine Third Country Code-Share Opportunities

OST-00-7784	February 15, 2002	Application of American Airlines for Dormancy Waiver	U.S.- Ukraine Third Counrty Codeshare Designation
		Service List

American Airlines, Inc. hereby applies for a waiver of the 90-day dormancy condition applicable to its designation to provide third-country codeshare service between the United States and Ukraine, awarded by order 2000-11-1, November 2, 2000 in U.S.-Ukraine Third-Country Codesharing Opportunities. American requests that the dormancy condition for this designation be waived for a period of six months, or until October 1, 2002. American provided codeshare service to Ukraine, via Zurich, with its Swissair. On November 8, 2001, American submitted a notice in OST-1999-5944 stating that it had terminated the Swissair codeshare arrangement.

Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com

Index

International Air Transport Association

OST-02-11607

February 15, 2002

Application for Approval of Agreements

PTC12 NMS-ME 0163

By: David O'Connor

Index