Issued February 26, 2002
Notice
of Action Taken© Copyright 2002 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for February 26, 2002 |
Last Updated 02/27/02 09:19 AM
Applications and Renewals:
Aerolineas Santo Domingo - U.S.- Dominican Republic Renewal | AUSA - U.S.- Montevideo, Uruguay Renewal
Delta (2)- U.S.- Prague Certificate Renewal / U.S.- Japan Dormancy Waiver | ExpressJet - Reissuance of Certificate
IATA (4) | SACSA - U.S.- Mexico Taxi Renewal | SAP - U.S.- Dominican Republic Renewal
Answers and Replies:
American Eagle - Rejoinder of American to Baton Rouge | Categories of Airline Delays and Cancellations (2)- Comments
EAS at Show Low - Summary of Applicants | Gemini - Polling Letter/Additional Service
Market Based - Comments | Ogden Flight (2)- Supplement 4
Notices of Action Taken:
Aerolineas Marcos - Mexican Taxi | Air France/Comair - Department Action | Allegro - Tijuana-Oakland
American - Caracas Renewal
Delta/ASA/Comair/Alitalia/Eurofly - Department Action | TAROM - Romania-US Renewal
Notices and Orders:
Air-Serv - Reissuing Certificates | Mesa Airlines - Trade Name Registration
Aerolineas Marcos, S.A. de C.V.
| OST-96-1693 | Filed February 8, 2002 Issued February 26, 2002 |
Notice
of Action Taken |
U.S.- Mexico Charter Air Transportation |
By: Paul Gretch
Aerolineas Santo Domingo, S.A.
| OST-00-6796 | February 7, 2002 Docketed February 26, 2002 |
Application for Renewal of an Exemption for Foreign Air
Carrier Permit |
Scheduled Foreign Transportation - Dominican Republic- U.S. |
| Service List |
Hereby applies to the Department of Transportation for renewal of its exemption from Section 41301 of the same title, conduct scheduled foreign air transportation of persons, property and mail between the Dominican Republic and United States. ASD requests renewal of the exemption for a period of not less than two years. The existing exemption expires on April 20, 2002. ASD relies on 5 U.S.C. 558(c) as implemented in Part 377 of the Department Rules to able to continue exercising its exemption authority until such time as the Department take final action on the application.
By: Luis Irizarry, Aviation Consultant, 787.752.7621
Aerolineas Uruguayas, S.A. (A.U.S.A.)
| OST-00-8547 | Dated December 19, 2001 Docketed February 26, 2002 |
Application for Exemption Authority |
U.S.- Montevideo, Uruguay |
| Service List |
AUSA intends to operate nonscheduled all-cargo flights between the United States and Montevideo, Uruguay as well as other Part 212 all-cargo charter operations between the two countries. Each flight will be operated with DC8-71D or B-767 aircraft registered in Chile and wetleased by AUSA from a duly certificated Chilean foreign air carrier.
Counsel: AUSA, Celestino Pena, 305.381.6252
| Order 02-2-17 OST-02-11470 |
Issued February 26, 2002 Served February 26, 2002 |
Order
Reissuing Certificates |
Exemption From the Aircraft Size Limitation |
| Attachments: Certificates |
AirServ, a small air carrier based in Chicago, holds interstate and foreign passenger charter certificates made effective by Orders 2000-8-10 and 2000-10-25, respectively. AirServ's certificates limit the carrier to operations with aircraft designed to have a maximum passenger seating capacity of no more than 30 seats. It currently operates a fleet of four eight-seat Dassault Falcon 20 aircraft under a Part 135 certificate issued by the Federal Aviation Administration (FAA). Since receiving certificate authority, the majority of AirServ's flights have been operated in public charter service on behalf of its sister company, Indigo, L.L.C., a public charter operator.
On February 4, 2002, AirServ filed an application for an exemption to allow it to deviate from the condition in its certificates in order to operate newly-manufactured, speciallyconfigured Embraer ERJ-135LR jet aircraft. Typically, the ERJ-135 is delivered in a highdensity regional airliner configuration with 37 passenger seats installed. With that configuration, AirServ would be required by the FAA to obtain a Part 121 certificate.
By contrast, the ERJ-135 built specifically for AirServ will be equipped with 18 first class seats--comprising all of the passenger seating--and a maximum payload capacity of less than 7,500 pounds. AirServ believes that it could operate the ERJ-135 under its current 30-seat certificate limitation. However, out of an abundance of caution and because the ERJ-135 airframe can accommodate as many as 37 passengers, AirServ requests an exemption from the certificate condition or, as an alternative, reissuance of its certificates keyed to a Part 135-versus-Part 121 delineation as the Department did in another recent case.
Because AirServ wants to operate aircraft designed to hold more than 30 seats, it cannot do so under the limitations imposed in its certificate. After receipt of AirServ's request, we contacted the FAA who has confirmed that the new aircraft can be operated in charter service under Part 135 as long as AirServ stays within the 18-seat configuration. As a result, we have decided to allow AirServ to operate the ERJ-135 as proposed. However, rather than grant the carrier's exemption request, we have decided to reissue AirServ's certificates to replace its current certificate condition with a provision authorizing AirServ to use any aircraft that can be operated under its Part 135 certificate, provided such aircraft also meet the definition of small aircraft pursuant to 14 CFR Part 298. That will allow the carrier additional flexibility if it wants to operate other such aircraft. Should AirServ subsequently desire to acquire and operate larger aircraft that would require certification from the FAA under Part 121, the carrier must first be determined fit for such operations.
By: Randall Bennett
| OST-97-2527 | Filed February 7, 2002 Issued February 25, 2002 |
Notice
of Action Taken |
Dallas/Ft. Worth- Caracas, Venezuela |
Renew exemption to provide scheduled foreign air transportation of persons, property, and mail between Dallas/ Ft. Worth, Texas, and Caracas, Venezuela. American requested that its authority be renewed for an indefinite duration.
By: Paul Gretch
| OST-02-11462 | February 26, 2002 | Motion for Leave to File and Rejoinder to the Greater
Baton Rouge Airport District |
Chicago O'Hare- Baton Rouge |
| Attachment: Letter form Sec. Mineta to Congressman Jenkins | |||
| Service List |
As
to the first point, when we submitted our notice in this docket on February 1,
2002, we provided data through the end of November 2001, the most recent period
then available. In serving the Chicago-Baton Rouge route, American Eagle lost
$143,600 for the month of December; lost $376,200 for the fourth quarter of 2001
(with revenues of $765,000, a negative margin of 49.2%); and lost $1,269,800 for
the year ended December 31, 2001 (with revenues of $3,743,100, a negative
margin of 33.90). This clearly constitutes an adequate showing of excessive
losses under the applicable statutory provision.
As we have noted in previous pleadings, Baton Rouge is very well connected to the national air transportation system, with nonstop service not only to Dallas/Ft. Worth (AA*), but also to competing carrier hubs at Atlanta (DL and DL*), Charlotte (US*), Houston (CO and CO*), and Memphis (NW*).
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com
Categories of Airline Delays and Cancellations
| OST-00-8164 | February 25, 2002 | Comments
of The Paralyzed Veterans of America |
Categories of Airline Delays and Cancellations |
By including a reference to passengers with disabilities as a potential cause for delay, DOT implicitly gives credence to this as a valid passenger caused delay. While passengers and crew are mentioned in this list as well, that reference necessarily implies that the instant delay is caused by another flight delay. Despite all passenger efforts to allow plenty of time for boarding, a perception already exists that passengers with disabilities cause delay. Announcements have been made in the gate area to the effect that general boarding will begin once the passenger with disabilities has been boarded. DOT should not provide further reason for this unfounded view.
By: Paralyzed Veterans of America, Robert Herman
| OST-00-8164 | February 26, 2002 | Comments
of City of Boston, The
Environment Department |
Categories of Airline Delays and Cancellations |
Without delay information from the 17 percent of carriers not required to report under this NPRM, it will be impossible for the DOT to implement well-informed market-based approaches to minimize delays. In addition, some air carriers track the initial cause of a delay for "late arriving aircraft" and some do not. Yet, the NPRM does not propose a standardized reporting system that would allow for the tracking of downline effects of earlier delays. Giving carriers flexibility in this matter, consistent with the DOT's goal to "require minimal change to the air carriers' internal tracking systems..." hampers the collection of accurate data and makes delay assignment factually inadequate. While we are sympathetic to the financial constraints of air carriers, delay reporting is not credible to the public and not useful to policy-makers when consistent data is not collected from all carriers. The City of Boston suggests that mandated, standardized reporting required of all carriers operating in the U.S. is necessary in order to gather precise and truly useful data.
By: City of Boston The Environment Department, Antonia Pollak
Compania de Transporturi Aeriene Romane - TAROM
| OST-98-3567 | Filed October 25, 2001 Issued February 25, 2002 |
Notice
of Action Taken |
U.S.- Romania |
Renew exemption to conduct scheduled foreign air transportation of persons, property and mail from points behind Romania, via Romania and intermediate points, to New York, Chicago and Los Angeles (without frequency limitations); and (b) from points behind Romania, via Romania and intermediate points, to a total of 30 U.S. points (in addition to New York, Chicago and Los Angeles) on a code-share basis only.
By: Paul Gretch
| OST-97-2686 | February 26, 2002 | Contingent Application for Renewal of Certificate of Public Convenience
and Necessity |
U.S.- Prague, Czech Republic |
| Service List |
Files this contingent application, pursuant to 49 U.S.C.
§§ 41102 and 41108 and Subpart B of the Department's Rules of Practice in
Proceedings, for renewal of its Certificate of Public Convenience and Necessity
for Route 744, which authorizes Delta "to engage in foreign air
transportation of persons, property, and mail: Between
a point or points in the United States, the intermediate point, Zurich,
Switzerland, and the terminal point Prague, Czech Republic." This
certificate was issued by Order 97-8-24 in the U.S.-Czech Republic Third-Country
Code-Share Opportunities proceeding for a five year term expiring August 26,
2002.
Based on current Department policy and precedent, Delta believes that its Czech Republic certificate authority in Route 616, segment 3, when combined with its broad integration authority, permits Delta to provide, inter alia, third country codeshare service between the United States and Prague. Nevertheless, Delta is requesting renewal of its Route 744 certificate out of an abundance of caution. In the event the Department determines that renewal of this certificate would duplicate Delta's existing Czech Republic authority, Delta would be amenable to the Department's dismissal of this application. Otherwise, Delta requests renewal of its Prague certificate authority for an indefinite period in light of the fact that there are no codesharing, frequency or designation limitations on service to the Czech Republic.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com
| OST-02-11706 | February 26, 2002 |  Application
for a Dormancy Waiver
|
Waiver of the Dormancy Conditions Applicable to Certain of Its U.S.- Japan Frequencies |
Hereby applies for a waiver of the 90-day dormancy condition applicable to its allocation of the following U.S.-Japan frequencies:
Delta requests that the dormancy condition for these frequencies be waived for a period of one year, or through April 1, 2003.
No U.S. carrier has been blocked from instituting a proposed Japan service due to a lack of available frequencies. In these circumstances, the Department should grant the requested waiver in order to allow Delta the maximum flexibility to resume the use of these frequencies, or to seek their transfer to an alternate route, when economic conditions warrant. The Department has previously granted dormancy waivers where unfavorable economic conditions have prevented newly authorized or existing services from being implemented or from continuing. See, e.g. American and United (U.S.-Peru frequencies), Order 98-1-6, January 3, 1998.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202.663.8060
| OST-01-10417 | Filed August 14, 2001 Date of Action February 25, 2002 |
Department
Action on Application |
Blanket Statements of Authorization - U.S.- Italy Open Skies |
By: Teresa Bingham
Essential Air Service at Show Low, Arizona
| OST-98-4409 | February 26, 2002 | Re:
Summary of Negotiations with Applicants |
Essential Air Service at Show Low, Arizona |
As
you know, the Department is conducting a proceeding to select an air carrier to
provide essential air service at your community for the next two
years. The purpose of this letter is to summarize the results of our
negotiations with four applicant
carriers and to give you the opportunity to submit any comments on the different
proposals if you desire. We will carefully consider your comments before we submit our
recommendation to the Assistant Secretary for a final decision.
By: Dennis DeVany
ExpressJet Airlines, Inc. d/b/a Continental Express
| OST-02-11708 | February 26, 2002 | Application
for a Disclaimer of Jurisdiction and Reissuance of Certificate or in the
Alternative Approval of Transfer or Operating Authority |
Reissuance of Certificate or in the Alternative Approval of Transfer or Operating Authority |
ExpressJet's corporate reorganization and transfer of assets to NewCo will have no change in the management, personnel, equipment, or operations of the airline. NewCo will retain all of ExpressJet's current personnel, equipment and operations. ExpressJet's current airline management personnel will continue to manage the operations of NewCo and retain their existing duties. There will be no effect on the ownership and control of the airline by virtue of dropping the airline into a new wholly-owned subsidiary of ExpressJet, which ExpressJet will continue to own after the reorganization, except as described below.
The Department also deemed the following U.S.-Mexico designation and code-share authority reissued to ExpressJet: Houston-Zacatecas (approved March 21, 2001, undocketed); Houston-Leon (approved September 13, 2000, undocketed); Houston-Monterrey/Guadalajara (approved June 15, 2000, undocketed); Houston-Ixtapa/Zihuatanejo (approved April 25, 2000, undocketed); Houston-San Luis Potosi/Aguascalientes/Puebla (approved February 1, 2000, undocketed); Houston-Mazatlan (approved January 6, 2000, undocketed); HoustonChihuahua/Saltillo/Torreon (approved April 1, 1999, undocketed); and Houston-Tampico (approved January 14, 1998, undocketed). Order 2001-8-23 at n.2. ExpressJet temporarily suspended Houston-Leon/Guadalajara service in the wake of the events of September 11 and has requested a waiver of the dormancy condition applicable to its designation by letter dated October 4, 2001. ExpressJet terminated Houston-Puebla service on January 13, 2002 and will be terminating its Houston-Zacatecas service on March 1. ExpressJet will formally notify the Department of the termination of its Houston-Zacatecas service by a separate letter.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2500, rbkeiner@crowell.com
| OST-00-7132 | February 26, 2002 | Re: Letter of Gemini Air Cargo |
Codeshare with Qantas Airways- Los Angeles- Honolulu- Nadi- Sydney |
In addition to the parties on the Service List attached to the above Application, on February 25, 2002, we served a copy of the Application by facsimile on Mr. Robert Silverberg as counsel for Kitty Hawk International Airways. We have polled Mr. Silverberg and the other representatives of airlines on the Service List, and none had any objection to approval of the Application. In view of (1) the desire of Gemini Air Cargo and Qantas Airways to operate codeshare service under the amended Statement of Authorization as soon as possible, (2) the lack of any objections to the Application, and (3) the liberal bilateral agreement between the United States and Australia with respect to the transportation of cargo by air, Gemini requests that the Department immediately approve the amended Statement of Authorization as requested.
Counsel: Roller Bauer, Moffet Roller, 202.331.3300, mroller@rollerbauer.com
Lineas Aereas Allegro, S.A. de C.V.
| OST-96-1187 | Filed February 8, 2002 Issued February 26, 2002 |
Notice
of Action Taken |
Tijuana, Mexico- Oakland, California |
Amend exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, combination service between Tijuana, Mexico, and Oakland, California, through January 2, 2003 (that is, coextensive with the previous operations authorized in this Docket).
By: Paul Gretch
Market Based Actions to Relieve Airport Congestion and Delay
| OST-01-9849 | February 26, 2002 | Comments
of Edward and Paula Ryan |
Public Comment to Relieve Airport Congestion and Delay |
By: Edward and Paula Ryan
| Served March 1, 2002 | Notice
of Registration of Trade Name |
"Frontier Jet Express" |
On February 15, 2002, Mesa Airlines, Inc., a certificated air carrier,' requested that the Department register the trade name "Frontier Jet Express" for use in certain of its air transportation operations. Part 215 of the Department's regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such trade name after the carrier gives notification to similarly named carriers of the proposed use of the trade name. In support of its request to register the Frontier Jet Express trade name, Mesa noted that it intended to use this trade name in conjunction with its code-sharing relationship with Frontier Airlines, and that, other than Frontier Airlines, there were no similarly named carriers. Moreover, Mesa served a copy of its trade name application on Frontier Airlines. No other notification was required. Under these circumstances, on February 15, 2002, we orally acknowledged the registration of the trade name "Frontier Jet Express" by Mesa for use in its operations. This notice serves as written confirmation of our action.
By: Randall Bennett
Ogden Flight Services Group, Inc.
| OST-01-9311 | February 26, 2002 | Supplement
No. 4 to Application |
Interstate Certificate of Public Convenience and Necessity |
| Exhibit OFSG-S701: Resume, DOT Questionnaire | |||
| Services List |
Ogden Flight Services Group, Inc. hereby submits the fitness data requested in the Department's February 12, 2002 docket submission seeking an update of certain information previously submitted as part of OFSG's pending application for a certificate of public convenience and necessity to engage in interstate charter air transportation.
Counsel: Zuckert Scoutt, Malcolm Benge, 202.298.8660
| OST-01-9311 | February 26, 2002 | Motion
for Confidential Treatment |
Interstate Certificate of Public Convenience and Necessity |
| Services List |
Because it contains detailed information regarding the holdings of each investor in AHI, Exhibit OFSG-S700 is being submitted separately to the Department with a request for confidential treatment pursuant to Rule 39 of the DOT's Rules of Practice.
Counsel: Zuckert Scoutt, Malcolm Benge, 202.298.8660
Servicios Aereos del Centro, S.A. de C.V.
| OST-96-1673 | February 22, 2002 | Application
for Renewal of Exemption |
U.S.- Mexico |
| Exhibit A: Changes in Operations | |||
| Service List |
Counsel: Roller Bauer, Lee Bauer, 202.331.3300, airlaw@rollerbauer.com
Servicios Aereos Profesionales, S.A.
| OST-97-3077 | February 7, 2002 Docketed February 26, 2002 |
Application for Renewal of Exemption for Foreign Carrier
Permit |
U.S.- Dominican Republic |
| 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 charter foreign air transportation of persons and property between the Dominican Republic and United States. SAP requests renewal of the exemption for a period of not less than two years. The existing exemption expires on April 6, 2002. SAP reties on 5 U.S.C. 558(c) as implemented in Part 377 of the Department Rules to able to continue exercising its exemption authority until such time as the Department take final action on the application.
By: Luis Irizarry, Aviation Consultant, 787.752.7621
Societe Air France and Comair Inc.
| OST-00-6939 | Filed February 8, 2002 Date of Action February 26, 2002 |
Department
Action on Application |
U.S.-France Blanket Codeshare Authority |
By: Teresa Bingham
International Air Transport Association
| OST-02-11696 | February 25, 2002 | Application
for Approval of Agreements |
PTC23 EUR-SEA 0136 |
By: David O'Connor
| OST-02-11697 | February 26, 2002 | Application
for Approval of Agreements |
PTC12 SATL-EUR 0085 |
By: David O'Connor
| OST-02-11698 | February 26, 2002 | Application
for Approval of Agreements |
PTC12 MATL-EUR 0060 |
By: David O'Connor
| OST-02-11699 | February 26, 2002 | Application
for Approval of Agreements |
PTC12 NMS-ME 0161 |
By: David O'Connor
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