Issued March 1, 2002
Notice
of Action Taken© Copyright 2002 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for March 4, 2002 |
Last Updated 03/05/02 12:26 PM
Applications and Renewals:
ACES/Avianca - Miami-Cali/Cartegena
NACA - Petition for Rulemaking (Seventh Freedom Foreign Passenger Charters
Santa Barbara - U.S.- Venezuela Renewal
Answers and Replies:
Airline Delays and Cancellations- Comments of RAA | Aloha/Hawaiian (2)- Response to Request for Additional Information
American/TACA - Motion to Dismiss | CRS (2)- Comments | Edelweiss Air - Reply of Edelweiss | IATA (3)- Technical Correction
U.S.- U.K. Alliance - Correction of FedEx
Notices of Action Taken:
Abaco Air - Bahamas | Cielos de Peru
Continental - France | Delta - France | Laker Airways - Bahamas | Midwest Express - Canada
Northwest - France | United (7) | US Airways - France
Notices and Orders:
Great Lakes - Requesting Proposals | Express I - Service Obligation
| OST-99-5708 | Filed April 20, 2000 Issued March 1, 2002 |
Notice
of Action Taken |
U.S.- Bahamas Charter Air Transportation Using Small Equipment |
Exemption from to permit the applicant to continue to conduct charter foreign air transportation of persons, property and mail between the Bahamas and Florida, using small equipment.
By: Paul Gretch
Aerolineas Cerntales de Colombia, S.A. (ACES) and Aerovias Naconales de Colombia, S.A. (Avianca)
| OST-02-11739 | March 4, 2002 | Application
for Exemption and Statement of Authorization |
Miami- Cali/Cartegena |
| Codeshare Agreement | |||
| Exhibit 1: Routes Operated AV | |||
| Service List |
Aerolineas Centrales de Colombia, S.A., hereby applies for an exemption from 49 U.S.C. 41301 to operate nonstop service between Miami, FL, on the one hand, and Cali and Cartagena, Colombia, on the other. Also, ACES and Aerovias Nacionales de Colombia, S.A. request a Statement of Authorization pursuant to Part 212 of the Department's regulations that would permit ACES to display the airline designator code of Avianca on flights operated by ACES between Miami, on the one hand, and Cali, Cartegena, and Medellin, on the other. ACES requests that this authority be granted for a period of at least two years.
With the approval of the appropriate Colombian Governmental authorities, ACES and Avianca have formed a strategic alliance in order to enable both carriers to maintain viable, competitively effective operations between Colombia and the United States. The Colombian airlines' services to the U.S. have suffered severely from the decline in business traffic during the last year and the impact of the events of September 11 on travel to and from the U.S. In addition, the economy of Colombia has been in recession for several years and the country continues to be embroiled in armed, civil strife. As a result, ACES and Avianca have incurred financial losses that threaten their long-term competitive viability. Accordingly, the two airlines have agreed to restructure and rationalize their operations and to enter into a codesharing agreement.
ACES will begin nonstop service between Cali and Miami on a single, daily roundtrip basis. ACES will also begin nonstop service between Cartagena and Miami on a single, daily roundtrip basis. The new Cartagena service will also serve Medellin behind/beyond Cartagena and replace one of ACES's two daily nonstop Medellin-Miami roundtrip services. These services will be operated with A-320 aircraft and ACES proposes to commence these flights on May 20, 2002. Besides the above-mentioned suspension of one of ACES's two current Medellin-Miami roundtrip flights, ACES will suspend also its single daily Bogota-Miami roundtrip flight.
ACES requests authority to display Avianca's designator code on its flights between Miami and Cali, Cartagena, and Medellin. This will enable Avianca to market and ticket service for the first time on a nonstop basis on the Cali-Miami and Medellin-Miami routes. Also, by codesharing on ACES, Avianca will be able to remain as a competitor on the Cartagena-Miami route where it will suspend its own current, single daily roundtrip flight. The addition of Avianca as a marketing carrier on these flights will support the economic viability of ACES's new service in these smaller markets.
They compete against American Airlines, which is 37 times
the size of Avianca and 100 times the size of ACES, in the Bogota/Cali-Miami
markets as well as Lan Chile in the primary Bogota-Miami market. In addition,
American, under a unilateral, extra-bilateral authorization granted by the
Colombian Government, proposes to commence competitive nonstop service in the
Medellin-Miami market on June 1, 2002. (Application of American Airlines, Docket
OST-2002-11620, February 19, 2002) The codesharing agreement will preserve
and strengthen competition by enabling ACES and Avianca to maintain their
services and to operate more effectively and efficiently in the Colombia-Miami
markets.
Counsel: Zuckert Scoutt, Richard Mathias, 202.298.0683, and Squire Sanders, Robert Papkin, 202.626.6600
| OST-02-11315 | March 4, 2002 | Response to Request for Additional Information |
Transfer of Certificate Authority and for Transfer of Exemption Authority |
| Attachment 1: Corporate Structure | |||
| Attachment 2: Resumes, Questionnaires |
At the request of Patricia Thomas, Chief Air Carrier Fitness Division, we are filing in the captioned docket certain information provided to DOT as part of its review of the continuing fitness under Part 204 of the Economic Regulations in connection with the merger of Aloha Airlines, Inc., Aloha Island Air and Hawaiian Airlines, Inc.
Counsel: Squire Sanders, Edward Sauer, 202.626.6600 and Dow Lohnes, Jon Hill, 202.776.2000
| OST-02-11315 | March 4, 2002 | Motion for Confidential Treatment |
Transfer of Certificate Authority and for Transfer of Exemption Authority |
| Service List |
Hereby requests confidential treatment of certain forward looking financial projections for the first year of normalized operations of the merged entities submitted pursuant to Part 204 of the Departments Economic Regulations ( 14 CFR Part 204). These pro-forma financials are submitted separately herewith under seal, marked with a request for confidential treatment pursuant to Rule 12 (1302.12).
Counsel: Squire Sanders, Edward Sauer, 202.626.6600 and Dow Lohnes, Jon Hill, 202.776.2000
American Airlines, Inc. and The TACA Group
| OST-00-7088 | March 4, 2002 | Joint Motion to Dismiss Immunity Authority |
Approval of and Antitrust Immunity for an Alliance Agreement |
| Service List |
American Airlines, Inc. and the TACA Group hereby jointly move to dismiss their application for antitrust immunity, submitted in this docket on March 17, 2000. American and the TACA Group continue to seek renewal and amendment of their codesharing authority, as requested in their joint application in OST-1996-1700, also submitted on March 17, 2000. Approval of the codesharing application should be granted forthwith.
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com, and Squire Sanders, Robert Papkin, 202.626.6601
Categories of Airline Delays and Cancellations
| OST-00-8164 | March 1, 2002 | Comments
of the Regional Airline Association |
Categories of Airline Delays and Cancellations |
RAA members oppose DOT's proposal to expand the same reporting requirements to all medium and large code-sharing regional airlines in future. We believe it is inappropriate for regional airlines to file reports that are measured against large network carriers that operate completely different types of operations. By focusing on revenue as a single defining characteristic, the threshold fails to consider other characteristics unique to regional airlines that set them apart from the large network airlines. These include, but are not limited to, the ability to serve small and medium-sized communities and the fact that regional airlines operate much smaller aircraft that fly significantly shorter stage lengths than the majors. Most regional airline routes are 250 - 500 miles, often subjecting them to ground delay programs initiated by FAA. This is especially true for regional carriers that operate at large hubs with substantial international service. Often regional airlines are held at the outbound station to allow long-haul flights from foreign destinations to land. It is important to note that major airlines do not experience the same level of ground holds as regional airlines experience.
By: Regional Airline Association, Deborah McElroy
| OST-00-7153 | Filed March 28, 2000 Issued March 4, 2002 |
Notice
of Action Taken |
U.S.- Peru All-Cargo |
Exemption from to conduct scheduled and charter foreign air transportation of property and mail between the United States and any point or points, limited to wet-lease operations conducted by a duly authorized and properly supervised U.S. or foreign air carrier; and waiver from the provisions of 14 CFR 2 12 that would otherwise require the applicant to obtain prior approval of Fifth freedom cargo charters.
By: Paul Gretch
Computer Reservation System Regulations
| OST-97-2881 | March 1, 2002 | Comments
of Bonne Amie Travel |
Computer Reservation System (CRS) |
By: Bonne Amie Travel, Aimee Ricca
| OST-97-2881 | March 4, 2002 | Comments of Dave Formella |
Computer Reservation System (CRS) |
By: Dave Formella
| OST-98-3744 | Filed January 28, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
U.S.- Intermediate Points- France and Beyond |
Renew for two years exemption to provide the following service: Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in France and its territories, directly and via intermediate points, and beyond France to any point or points in third countries. Continental states that it currently uses this authority for direct services, as well as code-share services in the U.S.- France market.
By: Linda Lundell
| OST-98-3740 | Filed January 28, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
U.S.- France |
Renew for two years exemption to provide the following service: Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in France, either directly or via intermediate points, and beyond France to any point or points in third countries, and to integrate this authority with Delta’s existing certificate and exemption authority.
By: Linda Lundell
| OST-02-11481 | March 4, 2002 | Reply of Edelweiss Air |
U.S.- Switzerland |
| Service List |
ATM is a private entity that offers certain agency services to airlines at various Florida airports. Prior to the filing of ATM's objections, Edelweiss was engaged in negotiations with ATM regarding the possibility of ATM, specifically Mr. Serge Barder of that entity, serving as Edelweiss' agent in Florida in connection with Edelweiss' anticipated charter services between Zurich and Florida. Unfortunately, various of the contractual demands made by ATM, as well as the scope of services offered, were unacceptable to Edelweiss. As a result, the negotiations were not successful and ATM has made certain informal claims alleging breach of contract. Should ATM wish to initiate legal action in Florida with respect to these claims, it is of course free to do so and its claims will be handled through the Florida courts. However, those private commercial matters have no relevance to Edelweiss' permit or exemption applications. Indeed, ATM's vague allegations fail to state any specific reasons why Edelweiss should not be awarded a foreign air carrier permit or other authority. Edelweiss' applications fully conform to the requirements of the U.S.-Switzerland Air Transport Agreement, and no evidence whatsoever has been submitted that would suggest otherwise. For these reasons, the Department should summarily deny ATM's objections.
Counsel: Zuckert Scoutt, Rachel Trinder, 202.298.8660, rbtrinder@zsrlaw.com
Express I, Inc. d/b/a Northwest Airlink
| Order 02-3-01 OST-01-10685 |
Issued March 4, 2002 Served March 7, 2002 |
Order
Extending Service Obligation |
Termination of Service at Laurel/Hattiesburg, Mississippi |
We require Express Airlines I, d/b/a Northwest Airlink, to maintain essential air service between Laurel/Hattiesburg and Memphis, Tennessee, as specified in ordering paragraph 2 of Order 2001-12-26; for an additional 30-day period through April 3, 2002, or until a carrier capable of providing reliable replacement service actually begins service, whichever occurs first.
By: Randall Bennett
| Order 02-2-18 OST-99-5175 OST-96-1711 OST-96-1266 OST-99-5712 |
Issued February 27, 2002 Served March 4, 2002 |
Order
Requesting Proposals |
Ninety Day Notice to Terminate Essential Air Service at Iron Mountain/Kingsford, Michigan; Manistee, Michigan; Ironwood, Michigan; Oshkosh, Wisconsin |
| Attachments: Map, Historical O & D |
We will solicit proposals from carriers interested in providing replacement service at Iron Mountain/Kingsford, Manistee/Ludington, Ironwood/Ashland, and Oshkosh. We request proposal options that would provide the communities with service to any of the designated hubs of Chicago, Milwaukee, or Minneapolis/St. Paul (as appropriate), consisting of at least two round trips a day (we encourage carriers interested in serving Iron Mountain/Kingsford to submit proposals offering three round trips a day), nonstop or one-stop, six days a week, with twin-engine, two-pilot, 15-passenger-seat, pressurized aircraft. The proposals should offer at least enough daily seats to accommodate the most recent average daily enplanements at a 60-percent load factor. Notwithstanding Oshkosh's almost 20-year-old essential air service determination, we request proposals for two round trips each day providing sufficient capacity to accommodate recent traffic levels; as service at nearby Appleton has grown, traffic levels at Oshkosh have fallen to very low levels. We will also entertain proposals to serve other hubs that provide access to the national air transportation system in order to give the Department and the communities as broad an array of proposals as possible from which to choose. Of course, as always, we will formally solicit the communities' views on any service options we receive before making a long-term carrier selection decision. In order to assist carriers in making their traffic and revenue forecasts, we have included historical traffic data in Appendix B.
By: Read Van de Water
Laker Airways (Bahamas) Limited
| OST-02-11401 OST-02-11583 |
Filed January 24 2002 Filed February 12 ,2002 Issued March 4, 2002 |
Notice
of Action Taken |
U.S.- Bahamas Scheduled Combination |
OST-2002-11401, filed January 24, 2002--Exemption
from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons,
property and mail between Freeport/Nassau and Dallas/Ft. Worth, TX/Milwaukee,
WI, on a coterminal basis with currently authorized U.S.-Bahamas services.
By: Paul Gretch
Midwest Express Airlines, Inc.
| OST-00-7287 | Filed February 8, 2002 Issued March 4, 2002 |
Notice
of Action Taken |
U.S.- Canada |
Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Canada.
By: Paul Gretch
National Air Carrier Association
| OST-02-11741 | March 4, 2002 | Petition
for Rulemaking
|
Add Definitions of the Seven "Freedoms of the Air"; to Delete the Current Peculiar Definition of "Fifth Freedom Charter" and Other Relief |
The National Air Carrier Association, on behalf of its member carriers, hereby petitions the Department of Transportation for changes to the Department's regulations to add definitions of the first seven "freedoms of the air" in 14 CFR 200.1, to delete the "third freedom charter", "fourth freedom charter" and "fifth freedom charter" definitions from 14 CFR 212.2; to condition the requirement in 14 CFR 212.9(b) for foreign air carvers to file applications for "fifth freedom charters"; to add a new provision in 14 CFR 212.9(b) requiring foreign air carriers to file applications for "seventh freedom" charters; to add new provisions in 14 CFR 212.10 and §212.11 providing new standards for handling of U.S. carrier objections to applications for "seventh freedom" passenger traffic opportunities; to add a new subsection to 14 CFR 212.11 (b) ensuring that reciprocity provides commercially equivalent opportunities for U.S. carriers; and to change the Department's methodology for comparing a foreign carrier's "third" and "fourth freedom" traffic with its "fifth freedom" traffic as well as changing the Department's methodology for determining whether an applicant's proposed charters are in the "public interest."
NACA does not believe it is sound U.S. policy to allow such unrestrained "seventh freedom" operations to take place. This is particularly so under the presently parlous industry economic conditions where the combined effect of the drastic fall off in scheduled and charter carrier revenues resulting from the terrorist attacks of September 11, 2001, and the concomitant substantial additional expenses required to be paid by carriers for improved security, have created such a serious situation that Congress has had to provide grants and loan guarantees to all U.S. airlines in an attempt to stabilize the industry. At a time like this, the Department has an obligation to seriously review the impact on U.S. passenger charter carriers of its current regulations and policies governing foreign carrier "seventh freedom" charter flights, and to modify them to meet the requirements of the U.S. carrier industry.
Counsel: NACA, Ronald Priddy, 202.833.8200
| OST-98-3760 | Filed January 25, 2002 Issued March 4, 2002 |
Notice
of Action Taken |
U.S.- France |
Renew for two years exemption to provide the following service: Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in France, directly and via intermediate points, and beyond France to any point or points in third countries, and to integrate this authority with Northwest’s existing certificate and exemption authority.
By: Linda Lundell
| OST-00-8448 | March 4, 2002 | Application for Renewal of Exemption and for Authority to
Serve Miami |
U.S.- Venezuela |
| Service List |
Hereby applies for renewal of the exemption from 49 U.S.C. 41301 granted to it by Notice of Action Taken dated March 5, 2001 to conduct scheduled foreign air transportation of persons, property and mail between Caracas and Maracaibo, Venezuela, and Fort Lauderdale, Florida and authority to conduct charters in accordance with Part 212 of the Department's rules using wet leased aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.
Santa Barbara has recently reached an agreement with a U.S. certificated air carrier to provide certain wet-lease charter services and is implementing the authority granted and pursuant to the Statement of Authorization 2002-008 approved February 22, 2002. The program of charter flights will serve Miami, Florida.
Counsel: Lawrence Wasko, 202.862.4370
| OST-95-369 | Filed January 23, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
U.S.- Nairobi, Kenya |
Renew for two years exemption to provide scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, and Nairobi, Kenya, via any points in other countries which United is authorized to serve, and integrate this authority with its existing exemption and certificate authority. United intends to operate this service pursuant to code-share arrangements with its foreign code-share partners.
By: Paul Gretch
| OST-96-1346 OST-97-2358 |
Filed February 7, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
U.S.- Brazil Air Services and Codesharing |
OST-96-1346: Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, via intermediate points, and Manaus, Brasilia, Rio de Janeiro, Sao Paulo, Recife, Porto Alegre, Belem, Belo Horizonte, and Salvador, Brazil, and beyond Brazil to Argentina, Uruguay, Paraguay, and Chile.
OST-97-2358: Scheduled foreign air transportation of persons, property, and mail on a code-share basis only between a point or points in the United States and Campo Grande, Curitiba, Fortaleza, Florianopolis, Iguacu, Sao Luiz, Joao Pessoa, Natal, Maceio, and Cuiaba, Brazil, and to serve these Brazilian points on a coterminal basis with the other Brazilian points United is authorized to serve pursuant to its exemption authority in Docket OST-96-1346.
United seeks to renew both of the above-detailed exemption authorities for a minimum period of two years, or until the Department grants United's corresponding application for a certificate of public convenience and necessity in Docket OST-95-495.
By: Paul Gretch
| OST-96-1348 | Filed January 23, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
U.S.- Manchester, England |
Renew for two years exemption to provide the following service: Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, and Manchester, England, and to integrate this authority with its existing certificate and exemption authority so that United may serve Manchester via any points in other countries which United is authorized to serve. United intends to operate this service pursuant to authorized code-share arrangements with its foreign code-share partners.
By: Paul Gretch
| OST-96-1560 | Filed January 23, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
United States - Baku, Azerbaijan; and Ashkhabad, Turkmenistan Codeshare |
Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, on the one hand, and Baku, Azerbaijan; and Ashkhabad, Turkmenistan; on the other, and to integrate this authority with its existing certificate and exemption authority so that United may serve Azerbaijan and Turkmenistan via any points in other countries which United is authorized to serve. United intends to operate this service pursuant to authorized code-share arrangements with its foreign code-share partners.
By: Paul Gretch
| OST-98-3732 OST-00-7628 |
Filed January 23, 2002 Issued March 1, 2002 |
Notice of Action Taken |
U.S.- France |
Renew for two years exemptions to provide the following services: Docket OST-98-3732: Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in France (excluding New York-Paris), directly and via intermediate points, and beyond France to any point or points in third countries, and to integrate this authority with United’s existing certificate and exemption authority. Docket OST-2000-7628: Scheduled foreign air transportation of persons, property, and mail between New York, New York, and Paris, France.
By: Linda Lundell
| OST-99-5097 | Filed January 23, 2002 Supplemented February 27, 2002 Issued March 1, 2002 |
Notice of Action Taken |
U.S.- Germany- Windhoek, Namibia |
Renew for two years exemption to provide the following service: Scheduled foreign air transportation of persons, property, and mail between points in the United States and Windhoek, Namibia via points in Germany, and to integrate this authority with its existing certificate and exemption authority. United intends to operate this service pursuant to a code-share arrangement with Lufthansa German Airlines.
By: Paul Gretch
| OST-99-6720 | Filed January 23, 2002 Supplemented February 27, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
U.S.- Accra, Ghana; U.S.- Lagos, Nigeria |
Renew for two years exemption to provide the following service: Scheduled foreign air transportation of persons, property, and mail between points in the United States, on the one hand, and Accra, Ghana, and Lagos, Nigeria, on the other, via intermediate points, without local traffic rights between the intermediate points and Accra and Lagos.
By: Paul Gretch
| OST-96-1000 OST-97-3034 OST-99-6205 |
Filed February 14, 2002 Issued March 1, 2002 |
Notice
of Action Taken |
Philadelphia, Pittsburgh, Charlotte- Paris |
Renew for two years exemption to provide the following service: Docket OST-96-1000: filed 10/3/01: Scheduled foreign air transportation of persons, property, and mail between Philadelphia, Pennsylvania, and Paris, France. Docket OST-97-3034: filed l/25/02: Scheduled foreign air transportation of persons, property, and mail between Pittsburgh, Pennsylvania, and Paris, France. Docket OST-99-6205: filed 2/14/02: Scheduled foreign air transportation of persons, property, and mail between Charlotte, North Carolina, and Paris, France.
By: Linda Lundell
| OST-01-11029 | March 4, 2002 | Correction
to Reply of Federal Express |
U.S.- U.K. Alliance Case |
The word "no" was inadvertently omitted from the
second full sentence on page 3 of our reply dated March 1, 2002. As corrected,
the sentence should read as follows:
