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OST Docket Filings for March 8, 2002

Last Updated 03/12/02 08:37 AM


 OST Docket Filings

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


American Airlines, Inc.

OST-02-11620 Filed February 19, 2002
Issued March 7, 2002
Notice of Action Taken 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

Index


Chautauqua Airlines, Inc. d/b/a US Airways Express

Order 02-3-7
OST-02-11450
Issued March 8, 2002
Served March 13, 2002
Order to Show Cause 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.

Although we have no authority to require Chautauqua to continue to serve Lancaster, we note that the community generated a total of 29,605 O&D passengers for the year ended June 2001. With traffic levels exceeding 80 passengers a day, we would encourage other carriers to examine the feasibility of providing service to the community.

By:  Read Van de Water

Index


Cielos del Peru

OST-95-617 Filed August 20, 2001
Issued March 7, 2002
Notice of Action Taken 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

Index


Evergreen International Airlines, Inc.

OST-99-6043 March 8, 2002 Re:  Carriers Have Temporarily Discontinued Code-Share Operations 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 Application for Renewal of Exemption 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

Index


Great Lakes Aviation, Ltd

Order 02-3-05
OST-99-5173
Issued March 7, 2002
Served March 12, 2002 
Order Requesting Proposals 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

Index


Hazardous Materials: Knowledge Required for Civil Penalty Enforcement Proceeding

OST-01-10380 February 28, 2002
Docketed March 8, 2002
Comments of the Institute of Makers of Explosives Hazardous Materials: Knowledge Required for Civil Penalty Enforcement Proceeding

By:  Institute of Makers of Explosives, Susan Flanagan, 202.429.9280

Index


Implementation of Small Community Air Service Development Pilot Program

OST-02-11590 March 8, 2002 Notice of Order Soliciting Community Proposal 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

Index


Linda G. Cook and Emma P. Duggan vs. Northwest Airlines, Inc.

OST-01-10598 March 8, 2002 Opposition of the Enforcement Office to Louise Caplan's Motion for Leave to File Otherwise Unauthorized Documents and Petition to Intervene 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

Index


Northwest Airlines, Inc.

OST-98-3844 March 7, 2002 Application for Renewal of Exemption 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 

Index


Reporting Requirement for Disability-Related Complaints

OST-02-11473 March 8, 2002 Request of Air Transport Association of America and the Regional Airline Association to Extend Comment Period Reporting Requirement for Disability-Related Complaints

By:  Air Transport Association of America, David Berg

Index


1999 U.S.-Brazil Combination Service Case

OST-99-6284 March 8, 2002 Motion of American Airlines for Leave to File and Response to Answer of Delta Air Lines 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

Index


2002 China Code-Share Points Case

OST-02-11808 Served March 12, 2002 Notice 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

Index


U.S.- Vietnam Third Country Code Sharing Opportunities

OST-00-7194 March 8, 2002 Re: Transfer of One United Air Lines Third-Country Codeshare Frequencies 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

Index


International Air Transport Association

OST-01-8838 March 8, 2002 Application for Approval of Agreements: Technical Correction PTC3 Fares 0178 Corrects to PTC3 Fares 0144

By:  David O'Connor

OST-01-11062 March 8, 2002 Application for Approval of Agreements: Technical Correction 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
Order CBPP/9/Meet/004/2001

By:  Paul Gretch

OST-02-11803 March 7, 2002 Application for Approval of Agreements PTC12 NMS-ME 0156

By:  David O'Connor

Index


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© Copyright 2002 Airline Information Research, Inc.   All rights reserved.