Amendment No. 1 to Application for Exemption© Copyright 2002 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for February 27, 2002 |
Last Updated 02/27/02 07:33 PM
Applications and Renewals:
American - DFW-Tokyo Amendment | El Al Israel - U.S.- Israel Codesharing Renewal | Mexicana - U.S.- Mexico Renewal
United - Supplement to Renewal & Amendment | U.S.- Brazil Combination - Delta Permanent Allocation
Answers and Replies:
Aero Honduras (3)- Amendment/Family Assistance/Passenger Manifest
CRS - Comments | Continental/Continental Micronesia/TWA/American - Consolidated Answer of Delta (Dormancy Waivers)
Continental Micronesia - Answer of American (Japan Dormancy) | Sundance Air Venezuela - Reply to Amerijet (Not Previously Available to Public)
Notices of Action Taken:
Delta/Aeromexico/Aerolitoral - Renewal | Gemini Air Cargo - Department Action on Codeshare w/ Qantas
Sundance Air Venezuela | UPS - Guadalajara Renewal
Notices and Orders:
None
| OST-02-11672 | February 27, 2002 | Amendment No. 1 to Application for Exemption |
U.S.- Honduras Scheduled Combination Air Service |
| Exhibit 7: Insurance | |||
| Exhibit 17: Family Assistance Plan | |||
| Exhibit 18: Passenger Manifest | |||
| Service List |
Pursuant to 49 U.S.C. §40109 and the Economic Regulations of the Department of Transportation, Aero Honduras, S.A. de C.V. hereby submits this Amendment #1 to the February 22, 2002 Application of Aero Honduras for an Exemption from 49 U.S.C. §41301 to the extent necessary to permit Aero Honduras to engage in Honduras-U.S. scheduled foreign air transportation of persons, property and mail.
Counsel: Aero Honduras, Pierre Murphy, 202.822.8050, pmurphy@lopmurphy.com
| OST-98-3304 | February 26, 2002 | Aero
Honduras, Submitting Updated
Family Assistance Plan |
Family Assistance Plan |
Counsel: Aero Honduras, Pierre Murphy, 202.822.8050, pmurphy@lopmurphy.com
| OST-98-3305 | February 26, 2002 | Aero
Honduras, Submitting Passenger
Manifest Policy |
Passenger Manifest Information |
Counsel: Aero Honduras, Pierre Murphy, 202.822.8050, pmurphy@lopmurphy.com
| OST-02-11366 | February 27, 2002 | Motion for Leave to File and Amendment to Application |
Dallas/Ft. Worth- Tokyo |
| Service List |
American
initially sought the allocation of three additional U.S.-Japan combination
frequencies to operate between Dallas/Ft. Worth and Tokyo. By this amendment,
American seeks the allocation of one further frequency, for a total of four.
American will begin service using these four frequencies on June 1, 2002.
American asks that all four frequencies be awarded from the unallocated pool. However, as we stated in our reply of February 19, 2002 to Continental Airlines, Inc. and Delta Air Lines, Inc., if the Department requires American to shift dormant frequencies from another route, frequencies that American holds for Dallas/Ft. Worth-Osaka service should be reallocated for service between Dallas/Ft. Worth and Tokyo.
Counsel: American, Carl Nelson, 202.496.5647, carl.nelson@aa.com
Compania Mexicana de Aviacion, S.A. de C.V.
| OST-97-2272 OST-99-5006 |
February 27, 2002 | Application for Renewal of Exemptions |
U.S.- Mexico |
| Service List |
Hereby requests renewal of the exemption authorities granted to it by the Department of Transportation in the above-captioned dockets to perform scheduled foreign air transportation of persons, property and mail between points in Mexico and the United States. Mexicana requests renewal of these exemptions for a one-year period on their existing terms and conditions. Mexicana relies upon the provisions of the Administrative Procedures Act and Part 377 of the Department's procedural regulations to continue its existing authorizations in force pending a final decision on this renewal request.
Mexicana holds authority in Docket OST-97-2272 to operate scheduled services between Mexico City, Mexico and Las Vegas, Nevada, and in Docket OST-99-5006 to conduct scheduled transportation between San Luis Potosi, Mexico and San Antonio, Texas.
Counsel: Squire Sanders, Charles Donley, 202.626.6600
Computer Reservation System Regulations
| OST-02-11577 | February 27, 2002 | Comments
of the National Business Travel Association |
Extension of Computer Reservation System Rules |
For
the past decade the travel industry has been introduced to new and dynamic
distribution channels that promise to revolutionize the way travel services are
sold by suppliers and bought by consumers. While these systems have contributed
to visible reductions in travel costs, they have also opened the door for
consumer and corporate abuses.
The rules set forth in 14 CFR Section 255.10 allows a dominant hub carrier, through purchase of global distribution system (GDS) transaction tapes, to obtain information about other carriers' transactions including the class of services, price paid, date of purchase and route selected. The current rules allows carriers to monitor the ticketing activities of travel agencies and major corporations, which not only damages corporate negotiations, but also creates privacy issues between the corporation, carrier and the travel agency. Under these rules, the corporation will have no control over how an airline uses their data and the proprietary nature of the data. The current rule unmasks the travel patterns and tendencies of corporations, allowing airlines, including ones a corporation is not contracted with, to sell and purchase a company's travel data.
By: National Business Travel Association, Marianne McInerney, 703.684.0836
Continental Airlines, Inc.; Continental Micronesia, Inc.; TWA Airlines LLC; American Airlines, Inc.
| OST-02-11615 OST-02-11614 OST-98-3419 OST-99-6284 |
February 27, 2002 | 
Consolidated Answer of Delta Air
Lines
|
Waiver of the Dormancy Conditions: U.S.- Brazil; U.S.- Ecuador; U.S.- Japan Frequency Allocations |
Delta does not oppose the liberal grant of dormancy waivers in circumstances where there are ample opportunities available to satisfy all current or proposed U.S. carrier service plans. However, Delta is strongly opposed to the grant of any further dormancy waivers affecting limited entry markets where there is a bona fide shortage of frequencies that serves to block new entry, or subjects competitors to continued and unreasonable risk of loss of essential frequencies to maintain existing services. In that regard, the factors bearing on the Department's evaluation of U. S.-Japan and U. S.-Brazil frequencies are diametrically opposed.
For the reasons explained in Delta's Application for a Permanent Allocation of U.S.-Brazil Frequencies, being filed concurrently herewith, Delta opposes the grant of further Brazil dormancy waivers to American or Continental.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com
| OST-02-11614 | February 27, 2002 | Answer of American Airlines |
Waiver of the Dormancy Conditions: U.S.- Brazil; U.S.- Ecuador; U.S.- Japan Frequency Allocations |
| Service List |
American
Airlines, Inc. hereby answers the application submitted by Continental
Micronesia, Inc. on February 15, 2002, seeking a waiver through March 28, 2003
of the dormancy condition applicable to its allocation of five Honolulu-Tokyo
frequencies. American opposes the grant of a dormancy waiver to Continental
Micronesia for these five frequencies. If, however, a waiver is granted, it
should be strictly limited to a period of six months, to expire on October l,
2002.
Under
the 1998 U.S.-Japan MOU, 28 special frequencies were created that can be used by
U.S. carriers to serve Japan from certain restricted gateways, including New
York, Chicago, Los Angeles, San Francisco, and Honolulu. The Honolulu-Tokyo
frequencies at issue here constitute five of those special frequencies. American
is planning to institute daily nonstop service between Los Angeles and Tokyo in
the summer of 2003, and will require an allocation of seven special frequencies
under the 1998 MOU to do so. American will apply for such an allocation in due
course. In that application, American will ask that its proposed Los
Angeles-Tokyo service be funded from among the five dormant special frequencies
held by Continental Micronesia, and the eight dormant special frequencies held
by Delta Air Lines.
Delta holds eight
dormant special frequencies (New York-Tokyo, seven; Los Angeles-Tokyo, one).
On February 26, 2002, Delta applied for a dormancy waiver for these and other
U.S.Japan frequencies through April 1, 2003 (OST-2002-11706).
American will answer Delta's application on March 7, 2002. We understand that
Delta holds another six dormant Los AngelesTokyo frequencies granted prior to
1998, and that Continental Micronesia holds another seven dormant Honolulu-Tokyo
frequencies granted prior to 1998.
Counsel: American, Carl Nelson, 202.496.5647, carl.nelson@aa.com
Delta Air Lines, Inc., Aerovoias de Mexico, S.A. de C.V. and Aerolitoral, S.A. de C.V.
| OST-02-11478 | Filed February 5, 2002 Issued February 27, 2002 |
Notice
of Action Taken |
Ontario- Hermosillo Codesharing |
Exemption
for Delta Air Lines for two years under 49 U.S.C. 40109 to provide the
following service: 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. Delta intends to
operate this service under a code-share arrangement with both Aeromexico and
Aerolitoral on flights operated by Aeromexico and Aerolitoral.
Statement
of Authorization for Aeromexico, for indefinite duration, under Part 212 of
the Department's Regulations to: Display Delta's "DL" designator code
on flights operated by Aeromexico between Ontario, California, and Hermosillo,
Mexico.
Statement of Authorization for Aerolitoral, for indefinite duration, under Part 212 of the Department's Regulations to: Display Delta's "DL" designator code on flights operated by Aerolitoral between Ontario, California, and Hermosillo, Mexico.
By: Paul Gretch
| OST-01-8772 | February 27, 2002 | Application of for Renewal of Exemption |
U.S.- Israel Codesharing |
| Service List |
Renewal
of an exemption, initially granted on March 2, 2001, authorizing El Al to
provide scheduled foreign air transportation of persons, property and mail
between a point or points in Israel, on the one hand, and Atlanta, Boston,
Cincinnati, Dallas/Ft. Worth, Los Angeles, Miami, Orlando, Phoenix, Salt Lake
City, San Francisco, Seattle and Washington, D.C./ Baltimore, on the other hand,
pursuant to a code-share arrangement with Delta Airlines Inc.
Counsel: Pillsbury Winthrop, John Gillick, 202.775.9800
| OST-00-7132 | Filed February 20, 2002 Date of Action February 27, 2002 |
Department
Approval on Application |
Codeshare with Qantas Airways- Los Angeles- Honolulu- Nadi- Sydney |
By: Teresa Bingham
| OST-02-11437 | February 15, 2002 *Not Previously Released to Public |
Reply
of Sundance Air Venezuela to Amerijet International |
U.S.- Venezuela Cargo Charters |
The
application clearly seeks non-scheduled air cargo authority to a limited number
of U S.-Venezuelan markets and in the OST Form 4540 - Foreign Air Carrier
Application for Statement of Authorization, item 3 -Name of Charters are: UPS,
Federal Express and other freight forwarders. Sundance Air, Inc.
is opening these
markets for Sundance Air Venezuela. Sundance Air, Inc. has had a close
relationship over ten
years with United Parcel Service and Federal Express, providing feeder aircraft
services in various regions of the U.S. and the Caribbean islands. Sundance Air
Venezuela, S.A, is a non-scheduled airline and as such, does not publish flight
schedules. The schedule, if any, is entirely based on the customer's request.
Counsel: Sundance Air, Bert Van Toornburg, 303.261.0293, toornburg@mindspring.com
| OST-02-11437 | Filed January 30, 2002 Issued February 26, 2002 |
Notice
of Action Taken |
U.S.- Venezuela Cargo Charters |
We found, based on the record, that the carrier is substantially owned and effectively controlled by citizens of Venezuela, properly licensed, and operationally and financially qualified to undertake the proposed operations. We further found that reciprocity with Venezuela was adequate to support grant of this authority. At the same time, we are concerned about the matter raised by Fine/Arrow. While we recognize that this matter involves a private, contractual dispute that is currently before the Venezuelan courts, we would be very concerned if such commercial disputes precluded U.S. carriers from fully exercising their bilateral rights. In this regard, we note that, while the seized aircraft has now been released on procedural grounds, the Supreme Court of Venezuela has yet to adjudicate this dispute, further seizure orders are not precluded, and, for this reason, Fine/Arrow is unable to operate its own aircraft to Venezuela. Accordingly, we will continue to monitor the situation closely.
We have carefully reviewed our action in the context of Amerijet's comments, and concluded that there are no material, determinative issues of fact requiring further investigation of Sundance's application before arriving at a decision. Based on the record in this proceeding, we have determined that Sundance has provided all the information we need to make the requisite findings concerning the carrier's qualifications and citizenship. In particular, the record shows that Sundance is 100% owned by citizens of Venezuela, and that there appears to be nothing in the proposed wet-lease arrangement that would result in the applicant's exercising this authority in a manner that would adversely affect U.S. aviation policy or interests. Further, the record also includes a copy of the carrier's currently effective homeland operating license, and we see no reason to question the licensing action of the Venezuelan Government. Finally, the Department's regulations do not preclude foreign carriers from wet leasing from a properly registered U.S. air taxi.
By: Paul Gretch
| OST-95-369 OST-96-1348 OST-98-3476 OST-98-3732 OST-99-5097 OST-99-6600 OST-99-6720 OST-00-7628 |
February 27, 2002 | Supplement
to Application for Renewal and Amendment of Exemption |
US- Nairobi, Kenya; US- Manchester, England; US- Baku, Azerbaijan; US- Ashkhabad, Turkmenistan; US- Sarajevo, Bosnia; US- Zagreb, Croatia; US- France; US- Windhoek, Namibia; US- Cyprus; US- Accra, Ghana; US- Lagos, Nigeria; New York- Paris |
| Service List |
United wishes to clarify its renewal request with respect to Dockets OST99-5097 (U.S.-Namibia) and OST-99-6720 (U.S.-Accra, Ghana, and U.S.-Lagos, Nigeria). United seeks renewal and amendment of the authority to operate these services pursuant to authorized code-share arrangements with any of its foreign code-share partners, not just Lufthansa. In Notice of Action Taken dated July 13, 2000 (Docket OST-99-6720) and Notice of Action Taken dated February 7, 2001 (Docket OST-995097), exemption authority was granted to perform the above services. Both notices state that United intends to operate or will operate this service under a code-share arrangement with Lufthansa. United believed that this wording describing its initial plans for providing these services was merely illustrative and did not restrict United's ability to code share with any of its foreign partners. United wishes to clarify for the record its intention in the renewal and amendment application dated January 23, 2002, to seek the flexibility to offer services to these points in conjunction with any of its authorized codeshare partners.
In addition, United also wishes to clarify that it seeks authority to integrate its U.S.-Lagos/Accra exemption authority in Docket OST-99-6720 with other outstanding certificate and exemption authority. The Notice dated July 13, 2000 in that docket refers to route integration authority "by virtue of either the present action or other action of the Department." Because that Notice itself contained no specific route integration authority, United urges that the U.S.-Lagos/Accra authority, as renewed, specifically contain the Department's standard route integration provision applicable to exemption authority.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com
| OST-00-7282 | Filed February 7, 2002 Issued February 27, 2002 |
Notice
of Action Taken |
Los Angeles- Guadalajara All-Cargo |
Renew for two years exemption to provide scheduled foreign air transportation of property and mail between Los Angeles, California, and Guadalajara, Mexico.
By: Paul Gretch
U.S.- Brazil Combination Frequencies
| OST-02-11711 | February 27, 2002 | Application
of Delta Air Lines for a Permanent Frequency Allocation
|
Atlanta- Rio de Janeiro |
It
is unfair and contrary to the public interest to subject Delta's current daily
nonstop Atlanta-Rio de Janeiro service to an indefinite risk of forfeiture at
the whim of competitors that have far more frequencies and are not now - and
have not historically - fully used their U.S.-Brazil service rights. While
Delta's temporary allocation of frequencies has allowed it to inject essential
new competition into U.S.-Brazil services at a time when all other U.S. carriers
have been retrenching, the continuing uncertainty surrounding the future of
Delta's service creates serious competitive disadvantages that Delta cannot
overcome without a permanent frequency award. For example, Delta's ability to
compete for long term travel agency and consolidator contracts, corporate
accounts, and the business of vacation tour packages to serve this important
market will be handicapped so long as Delta's long term future service levels
remain in such doubt.
Delta respectfully requests that the Department deny all requests for any further waiver of dormancy conditions affecting U.S.-Brazil frequencies, and grant Delta's request for an award of four permanent frequencies for Atlanta-Rio de Janeiro service.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com
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