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OST Docket Filings for March 8, 2002 |
Last Updated 03/12/02 08:37 AM
Applications and Renewals:
Evergreen - U.S.- Argentina Renewal | IATA | Northwest - Dominican Republic Renewal
Answers and Replies:
Cook/Duggan v Northwest - Opposition of Enforcement Office | Evergreen - Temporary Discontinue of Codeshare Services w/ Qantas
Hazardous Materials - Comments | IATA (2)- Technical Corrections
Requirements for Disabled Related Complaints - Request to Extend Comment Period
1999 U.S.- Brazil Combination - Response of American to Delta | U.S.- Vietnam - United Transfer of Codeshare Frequency
Notices of Action Taken:
American - Miami-Medellin | Cielos del Peru - All-Cargo Renewal
Notices and Orders:
Chautauqua - Show Cause - Termination of Service at Lancaster, PA | Great Lakes - Requesting Proposals | IATA
Small Community Air Service Development Program - Notice Soliciting Proposals
2002 China Code-Share Points Case - Notice
| OST-02-11620 | Filed February 19, 2002 Issued March 7, 2002 |
Miami- Medillin, Colombia |
Exemption from Order 2001-5-26; start-up date: Under the terms of the 2000 aviation agreement between the U.S. and Colombia, U.S. carriers may provide services between any point or points in the United States and Barranquilla, Bogota, Cali, Cartagena and Medellin. The rights to provide air services to, from, and beyond Medellin are not effective until October 1,2002. By Order 2001-5-26, the Department awarded American certificate authority and an allocation of seven weekly frequencies to operate services in the Miami-Medellin market beginning no earlier than October 1,2002. Pursuant to a Diplomatic Note, the Government of Colombia has agreed to permit service to Medellin beginning June 1, 2002. American seeks relief from the condition in its certificate and frequency award so as to accelerate the start-up of its Miami-Medellin service to June 1, 2002.
By: Paul Gretch
Chautauqua Airlines, Inc. d/b/a US Airways Express
| Order 02-3-7 OST-02-11450 |
Issued March 8, 2002 Served March 13, 2002 |
Termination of Service at Lancaster, PA | |
| Attachment: Map |
Under Public Law 106-69, the Department of Transportation
and Related Agencies Appropriations Act of 2000, the Department is precluded
from compensating a carrier under the Essential Air Service program for serving
any community within 70 driving miles of a medium or large hub airport. We
tentatively find that Lancaster is within 70 driving miles from the Philadelphia
International Airport, a large hub. Since we are prohibited from paying subsidy
to Chautauqua for providing air service at Lancaster under the Essential Air
Service program, we are thus also precluded from requiring the carrier to
continue service at the community after the end of its 90day notice period.
Consistent with program practice, we will give the community 20 days after the
service date of this order to file an objection if it believes that we have made
a mistake in our distance calculations.
By: Read Van de Water
| OST-95-617 | Filed August 20, 2001 Issued March 7, 2002 |
U.S.- Peru All-Cargo |
Exemption to conduct scheduled foreign air transportation of property and mail between Lima and Iquitos, Peru, and Miami, FL; New York, NY; Houston, TX; and Los Angeles, CA, via intermediate points in Colombia, Panama and Costa Rica; and charters pursuant to 14 CFR 2 12 of the Department’s regulations, limited to wet-lease operations conducted by a duly authorized and properly supervised U.S. or foreign air carrier.
By: Paul Gretch
Evergreen International Airlines, Inc.
| OST-99-6043 | March 8, 2002 | Blocked-Space Codeshare with Qantas |
This is to notify the Department that although Evergreen and Qantas continue to hold the necessary underlying authority to operate the code-share services at issue, and the code-share agreement between Evergreen and Qantas remains in effect, the carriers have temporarily discontinued their code-share operations. Evergreen and Qantas are hopeful that as international air markets recover from the tragic events of September 11, 2001, it will be possible to resume their code share services between the United States and Australia. Evergreen and Qantas have agreed that by continuing the code-share agreement in effect, it will be possible to resume code-share services in the future without having to submit an application for a new statement of authorization.
Counsel: Evergreen, Thomas Lydon
| OST-00-7294 | March 8, 2002 | U.S.- Argentina All-Cargo Air Service | |
| Service List |
Hereby applies for renewal of its exemption authorizing Evergreen to provide scheduled foreign air transportation of property and mail from points behind the United States, via the United States and intermediate points, to a point or points in Argentina and beyond, and between Argentina and any point or points. Evergreen also requests renewal of its authority to integrate this authority with Evergreen's all-cargo certificate and exemption authority, and to commingle traffic on services conducted pursuant to such authority, consistent with applicable agreements between the United States and foreign countries.
Following grant of exemption authority in May 2000 to provide scheduled all-cargo service to Argentina, Evergreen has not been in a position to inaugurate scheduled flights. Evergreen continues to actively explore market opportunities in Argentina, and seeks options to integrate flights to Argentina with services to other countries in the region.
Counsel: Evergreen, Thomas Lydon
| Order 02-3-05 OST-99-5173 |
Issued March 7, 2002 Served March 12, 2002 |
Essential Air Service at North Platte, Nebraska | |
| Exhibits: Map, Historical O& D | |||
| Service List |
We will solicit proposals from carriers interested in providing replacement service at North Platte. We note that North Platte has averaged 50 enplanements a day in only one year (1993) since 1985 and has been in the 25-35 enplanement-per-day range for the last several years. Therefore, we request proposal options that would provide the community with service to either of its designated hubs of Denver or Omaha consisting of at least three round trips a day, nonstop or one-stop, six days a week, with twin-engine, two-pilot, 15-passenger-seat or larger, pressurized aircraft. The proposals should offer at least enough daily seats to accommodate the most recent average daily enplanements at a 60percent load factor. 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 community as broad an array of proposals as possible from which to choose. Of course, as always, we will formally solicit the community's 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
Hazardous Materials: Knowledge Required for Civil Penalty Enforcement Proceeding
| OST-01-10380 | February 28, 2002 Docketed March 8, 2002 |
Hazardous Materials: Knowledge Required for Civil Penalty Enforcement Proceeding |
By: Institute of Makers of Explosives, Susan Flanagan, 202.429.9280
Implementation of Small Community Air Service Development Pilot Program
| OST-02-11590 | March 8, 2002 | Solicitation of Proposals from Interested Communities |
The Department of Transportation is instituting a new small community air service development program by soliciting an initial round of proposals from interested communities.
By: Read Van de Water
Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.
| OST-01-10598 | March 8, 2002 | Discrimination Against any Otherwise Qualified Individual | |
| Service List |
Ms Caplan, who is not a party to this proceeding, seeks leave to file an out-of-time petition to intervene in the above-captioned case and an opposition to Chief Judge Yoder's February 11, 2002, order approving the settlement agreement between the Enforcement Office and Northwest. Ms. Caplan's sole assertion of "good cause" for her tardiness in filing her petition to intervene is that she did not become aware of this proceeding until February 12, 2002, the day after Administrative Law Judge Ronnie Yoder served his order approving the settlement agreement between the Enforcement Office and Northwest. However, Ms. Caplan's claimed lack of personal awareness of the enforcement proceeding should not be found to constitute good cause.
By: Rosalind Knapp
| OST-98-3844 | March 7, 2002 | Minneapolis/St. Paul, Minnesota- Punta Cana, Dominican Republic | |
| Service List |
Northwest seeks renewal of an exemption authorizing it to engage in scheduled foreign air transportation of persons, property and mail between Minneapolis/St. Paul, Minnesota and Punta Cana, Dominican Republic. This exemption authority was last granted in Docket OST-98-3844 by Notice of Action Taken dated May 10, 2000, effective through May 10, 2002. By this Application, Northwest requests renewal of its Minneapolis/St. Paul-Punta Cana exemption authority for an additional two-year period. and seeks authority to integrate its Minneapolis/St. Paul-Punta Cana authority with Northwest's existing certificate and exemption authority to the extent bilaterally permitted, and subject to the Department's standard route integration conditions. Northwest will continue to operate a once weekly service during the winter season. Northwest will utilize 148-seat A320 aircraft (configured with 16 first class seats and 132 economy class seats) from its present fleet or as Northwest hereafter shall acquire.
Northwest's exemption granted by Notice of Action Taken dated May 10, 2000 in this Docket included authority to provide service between Minneapolis/St. Paul, Minnesota and Santo Domingo. Dominican Republic as well as authority to provide service between Detroit, Michigan and Cancun, Mexico. Northwest is not renewing herein its Minneapolis/St. Paul-Santo Domingo authority as Northwest's Certificate of Public Convenience and Necessity for Route 86-F includes authority to serve this route. Northwest also is not renewing its Detroit-Cancun authority as that authority was added to Northwest's Route 564 Certificate of Public Convenience and Necessity by Order 2000-5-31.
Northwest, Megan Rae Rosia, 202.842.3193, mehan.rosia@nwa.com
Reporting Requirement for Disability-Related Complaints
| OST-02-11473 | March 8, 2002 | Reporting Requirement for Disability-Related Complaints |
By: Air Transport Association of America, David Berg
1999 U.S.-Brazil Combination Service Case
| OST-99-6284 | March 8, 2002 | New York (JFK)- Rio de Janeiro Frequency Allocation | |
| Service List |
The four permanent U.S.-Brazil frequencies Delta is seeking should not be reallocated from American. American will resume daily nonstop New York-Rio de Janeiro service effective January 8, 2003. Granting a dormancy waiver to American is in the public interest, as that will enable American to operate daily service in an important U.S.-Brazil market that has no nonstop service by any other carrier. There are many other dormant U.S.-Brazil frequencies available to fund Delta's request, including the four held by Continental, and another seven held by United Air Lines, Inc.' While United's seven are not subject to an explicit 90-day dormancy condition, such frequencies should be placed in issue in any reallocation proceeding, along with Continental's.
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com
2002 China Code-Share Points Case
| OST-02-11808 | Served March 12, 2002 | 2002 China Code-Share Points Case |
The U.S.-China air transport agreement, as amended, provides that, effective April 1, 2002, U.S. carriers may code share with any designated Chinese carriers to five additional points in China (for a total of 20 points) in addition to those Chinese points served on a gateway-togateway basis. Once the points are selected, all U.S. carriers with a Chinese code-share partner can serve them. To date, the United States has selected the following 15 code-shareonly points: Chengdu, Nanjing, Qingdao, Shenyang, Xiamen, Man, Wuhan, Fuzhou, Guilin, Kunming, Changsha, Dalian, Chongqing, Shenzhen, and Nanning. By this Notice, we request that interested U.S. carriers with a Chinese carrier code-share partner submit an application in the above-captioned docket naming the additional Chinese points they would serve. Carriers should also request the underlying exemption authority necessary to provide the proposed services and a statement of authorization for the proposed code-share services.
Northwest Airlines has pending an application for points available in April 2002 (Docket OST-01-9186). We note, however, that that application includes the points Changsha and Kunming, which have already been selected. Northwest may withdraw its previously filed application and submit a new application in the docket we are establishing here, or it may move to amend and consolidate its amended application in the docket for this proceeding.
By: Read Van de Water
U.S.- Vietnam Third Country Code Sharing Opportunities
| OST-00-7194 | March 8, 2002 | U.S.- Vietnam Codeshare with Thai Airways |
Pursuant to Order 2001-8-21 issued August 23, 2001, in the referenced proceeding, United Air Lines, Inc. hereby gives the Department notice of its intention to transfer one of its U.S.-Vietnam third-country code-share frequencies, which is currently being used in conjunction with Thai Airways via Bangkok, to services operated by All Nippon Airlines via Tokyo. Beginning on April 18, 2002, United will be code sharing on four weekly flights operated by Thai between Bangkok and Ho Chi Minh City and on three weekly flights operated by ANA between Tokyo and Ho Chi Minh City.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
International Air Transport Association
| OST-01-8838 | March 8, 2002 | PTC3 Fares 0178 Corrects to PTC3 Fares 0144 |
By: David O'Connor
| OST-01-11062 | March 8, 2002 | PTC2 EUR 0456 Correction to PTC2 EUR 0446 |
By: David O'Connor
| Order 02-3-06 OST-02-11581 |
Issued March 8, 2002 Served March 13, 2002 |
CBPP/9/Meet/004/2001 |
By: Paul Gretch
| OST-02-11803 | March 7, 2002 | PTC12 NMS-ME 0156 |
By: David O'Connor
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