Amendment
No. 2 to Application for Exemption© Copyright 2002 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for March 15, 2002 |
Last Updated 03/18/02 01:34 PM
Applications and Renewals:
Air Dolomiti - Intra-Europe Codeshare w/ United | Lan Chile - New York/Los Angles- Lima Amendment (Lan Peru)
Qantas - U.S.- Australia Renewal | Sun Country/MN Airlines - Transfer of Air Carrier Certificate
TAP - U.S.- Portugal Renewal | Trans States - Terminate Service at Decatur, Illinois
Answers and Replies:
Aero Honduras - Supplement No.2 | Caribbean Star - Reply | CCAIR - EAS Proposal of Corporate Airlines
CRS (2)- Comments | Delta/ASA/Comair/Aeromexico - Additional Codesharing
EAS at Harrison/Hot Springs/El Dorado/Camden/Jonesboro, AR (3)- EAS Proposals of Corporate Airlines
Freedom Airlines - Answer Concerning Name Change | Mesaba (4)- Letters Regarding EAS
Notices of Action Taken:
ACES/Avianca | American/Iberia - Department Action (Denial)
Notices and Orders:
| OST-02-11672 | March 15, 2002 | Amendment
No. 2 to Application for Exemption |
U.S.- Honduras Scheduled Combination Air Service |
| Exhibit 16: Warsaw Agreement | |||
| Service List |
Counsel: Aero Honduras, Pierre Murphy, 202.822.8050, pmurphy@lopmurphy.com
Aerolineas Centrales de Colombia, S.A. and Aerovias Nacionales de Colombia, S.A.
| OST-02-11739 | Field March 4, 2002 Issued March 14, 2002 |
Notice of Action Taken |
Exemption/Statement of Authorization - Miami-Cali/Cartegena |
Exemption to permit ACES to conduct scheduled foreign air transportation of persons, property and mail between Cali and Cartagena, Colombia, on the one hand, and Miami, FL, on the other hand. (2) Statement of authorization pursuant to X4 CFR 212 of the Department’s regulations to permit ACES to display the airline designator code of AVIANCA on flights operated by ACES between Cali, Cartegena and Medellin, Colombia, on the one hand, and Miami, FL, on the other hand.
By: Paul Gretch
| OST-02-11856 | March 15, 2002 | Application
for Exemption and Statement of
Authorization |
Intra-Europe Codesharing |
| Exhibit List | |||
| Exhibits A-B: Schedule, "No Objection" Letter to DOT | |||
| Exhibit C: Codeshare and Cooperation Agreement | |||
| Exhibits D-I: Fleet. Key Personnel, Insurance | |||
| Exhibit J: Financial Statements | |||
| Service List |
Applies, pursuant to 14 CFR Part 212,for a blanket Statement of Authorization and, pursuant to 49 U.S.C. § 40109 and subpart D of the Department's Rules of Practice, for an exemption from the otherwise applicable requirements of 49 U.S.C. § 41301, so as to authorize Air Dolomiti to engage in the scheduled transportation of persons, property and mail under the designator code (UA) of United Airlines, Inc., on all flights operated by Air Dolomiti under its existing operating authority between points in Europe. All such codeshare operations would be carried out by Applicant's own aircraft and crews. Air Dolomiti does not now hold a foreign air carrier permit or exemption authority to hold out or conduct operations to or from the United States as a foreign air carrier, and it does not intend to engage in operation into the United States with its aircraft or in its name. Its proposed operations would be limited to the provision of the European code-share services as described herein.
Applicant here seeks approval to engage in the scheduled
transportation of persons, property and mail under the designator code UA on all
flights operated by Air Dolomiti within Europe under its existing Italian
operating authority. United and Applicant have agreed that the code-share points
to be served initially, on the summer schedule set out in Exhibit A hereto, will
be on the following routes:
*Amsterdam - Verona; *Brussels - Verona, Brussels - Bologna ;*Paris (CDG) - Verona; *Frankfurt - Verona; Frankfurt - Genoa; *Munich - Bari/Venice; Munich - Verona; Munich - Bologna/Bari; *Munich - Trieste; Munich - Pisa; Munich - Genoa; Munich - Ancona*
Applicant began operations as an air carrier in January 1991 with 50 seat Boeing Dash-8 series aircraft in interregional Italian, and ultimately, in international flights within Europe. In 1993, it began operations with ATR 42-320 aircraft, replacing the original Dash-8 aircraft. Applicant has operated under the name Air Dolomiti S.p.A. - LARE since 1996. In 1999 Air Dolomiti expanded its market by introducing jet aircraft into its fleet, thus permitting service on longer haul routes. It now operates 15 ATR turboprop aircraft and three Bombardier CRJ-200 regional jets, with two additional CRJ aircraft due for March 2002 delivery. See Exhibit D. Applicant now operates scheduled flights to and from 15 Italian and 10 foreign (European)' airports. Applicant is substantially owned and effectively controlled by nationals of the Republic of Italy. As described in greater detail in Exhibit E, in addition to the 24.28% of Applicant's total shares that are publicly traded on the Italian Stock Exchange, 53.03% of the shares are controlled by Italian nationals. Lufthansa German Airlines owns 20.69% of the shares of Applicant.
Counsel: Miller Hamilton, Lester Bridgeman, 251.432.1414
American Airlines, Inc. and Iberia Lineas Aereas de Espana, S.A.
| OST-01-11037 | Filed December 11, 2001 Date of Action March 14, 2002 |
Department
Action on Application |
U.S.- Spain Codesharing |
We have decided to deny American's application. Based on the overall state of our aviation relationship with Spain, including the absence of progress toward an openskies regime, it has been our policy not to grant authority for code-share services outside our aviation agreement with Spain. We find no persuasive basis, and American has presented none, to deviate from that policy here. In this regard, and as indicated in the record, we note that there has been no change in Spain's policy against approval of extrabilateral U.S. carrier code-share services. In these circumstances, we do not find that it is in the public interest to approve American's application, which also involves code-share services outside the aviation agreement.
By: Teresa Bingham
| OST-01-11164 OST-01-11198 |
March 15, 2002 | Reply
of Caribbean Star Airlines |
Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service |
| Service List |
As discussed below, CSA submits: (1) that the relief requested by Daystar is improper and is contrary to long-established Department policy, (2) that Daystar's attack on CSA's revenue and expense projections is flawed by fundamental factual errors, and (3) that Daystar has provided absolutely no probative evidence that there is even a shadow of doubt about CSA's manifest fitness for certification under every fitness test articulated by the Department. CSA also notes that Daystar's Answer has been filed over two months past the due date for answers in this case, without providing any credible justification for its failure to file a timely Answer.
Counsel: Shaw Pittman, Nathaniel Breed, 202.663.8078
| OST-02-11348 | March 15, 2002 | Proposal
to Provide Essential Air Service for Athens, GA |
Terminate Service Between Athens, Georgia and Charlotte, North Carolina |
By: Corporate Airlines
Computer Reservation System Regulations
| OST-97-2881 | March 6, 2002 Docketed March 15, 2002 |
Comments
of All World Travel |
Computer Reservation System (CRS) |
By: All World Travel, Robert Montross
| OST-97-2881 | Docketed March 15, 2002 | Comments
of Travel Partners |
Computer Reservation System (CRS) |
By: Travel Partners
| OST-97-3289 OST-00-7708 |
March 15, 2002 | Re:
Notice of Additional Codeshare Services |
Approval of and Antitrust Immunity for an Alliance Agreement |
| Attachment: Codeshare Flights |
Counsel: Shaw Pittman, Alexander Van der Bellen, 202.663.8060 and Verner Liipfert, William Evans, 202.371.6000
Essential Air Service at Harrison, Hot Springs, El Dorado/Camden, Jonesboro, Arkansas
| OST-97-2935 | March 4, 2002 Docketed March 15, 2002 |
Proposal
to Provide Essential Air Service for Hot Springs, AR |
Essential Air Service at Harrison, Hot Springs, El Dorado/Camden, Jonesboro, Arkansas |
By: Corporate Airlines
| OST-97-2935 | February 28, 2002 Docketed March 15, 2002 |
Proposal
to Provide Essential Air Service for Harrison, AZ |
Essential Air Service at Harrison, Hot Springs, El Dorado/Camden, Jonesboro, Arkansas |
By: Corporate Airlines
| OST-97-2935 | March 4, 2002 Docketed March 15, 2002 |
Proposal
to Provide Essential Air Service for El Dorado/Camden, AR |
Essential Air Service at Harrison, Hot Springs, El Dorado/Camden, Jonesboro, Arkansas |
By: Corporate Airlines
| OST-01-11206 | March 15, 2002 | Answer
of Freedom Airlines to February 19th Letter Concerning Name
Change |
Scheduled Interstate Air Transportation |
By: Mesa Air Group, Brian Gillman, 972.819.2040
| OST-00-7271 | March 15, 2002 | Application
for Amendment to Statement of Authorization for Codesharing |
New York/Los Angles- Lima, Peru |
| Service List |
Hereby requests an amendment to its statement of
authorization currently in place which permits Lan Chile to display the
two-letter designator code of Lan Peru S.A. on Lan Chile's scheduled flights
between Lima, Peru, on the one hand, and New York, New York and Los Angeles,
California, on the other hand. This statement of authorization also permits Lan
Chile to commingle this traffic with traffic not moving in foreign air
transportation.
Counsel: Lan Chile, Juan Carlos Mencio, 305.869.2993
Mesaba Aviation, Inc. d/b/a Mesaba Airlines
| OST-01-10642 | February 26, 2002 Docketed March 15, 2002 |
Re: Letter from the City
of Warroad Urging for the Continuation of Commercial
Air Service |
Notice of Intent to Terminate Service at Thief River Falls, MN |
By: City of Warroad, Mayor Bob Marvin
| OST-01-10642 | February 27, 2002 Docketed March 15, 2002 |
Re: Letter of Pennington
County Auditor Regarding EAS Service |
Notice of Intent to Terminate Service at Thief River Falls, MN |
By: Pennington County Auditor, Donald Jensen
| OST-01-10642 | February 27, 2002 Docketed March 15, 2002 |
Re: Letter of Digi-Key Regarding
EAS Service |
Notice of Intent to Terminate Service at Thief River Falls, MN |
By: Digi-Key, Mark Larson
| OST-01-10642 | March 3, 2002 Docketed March 15, 2002 |
Re: Letter of
Machinewell Requesting Support for
EAS Service |
Notice of Intent to Terminate Service at Thief River Falls, MN |
By: Machinewell, Ron Palm
Sun Country Airlines, Inc. and MN Airlines, LLC
| OST-02-11860 | March 15, 2002 | Joint
Application for Exemption |
Transfer of Air Carrier Certificates Authority |
| Service List |
Counsel: Ungaretti Harris, Edward Faberman, 202.639.7500 and Kennedy Graves, Bonnie Wilkins, 612.337.9300
| OST-02-11861 | March 15, 2002 | Joint
Application for the Transfer of Air Carrier Certificate Authority |
Transfer of Air Carrier Certificates Authority |
| Exhibit A: Letter about Transfer Agreement | |||
| Exhibit B: Purchase Agreement | |||
| Exhibit C: Assets, Capital Equity | |||
| Exhibit D: Bankruptcy Court Order | |||
| Exhibit E: Bankruptcy Court Order | |||
| Exhibit F: Bankruptcy Court Order | |||
| Exhibit G: Certificate of Good Standing | |||
| Exhibit H: Affidavit of Citizenship | |||
| Exhibit I: Resumes | |||
| Exhibit J: Affidavit of Safety Compliance | |||
| Exhibit K: Penalties Assessed Against Sun Country | |||
| Exhibit L: Medical Insurance | |||
| Exhibit M: Financials | |||
| Exhibit N: Certification | |||
| Service List |
Sun Country and MNA have entered into an Asset Purchase Agreement whereby MNA will acquire Sun Country's assets. (The agreement was submitted with the transfer application.) MNA will also acquire and utilize the Sun Country name. It is essential that MNA complete asset acquisition by March 29, 2002, in order to minimize disruption of operations and to allow it to continue to enhance service. At a time when the number of airlines are decreasing and consolidation of the remaining few continues, expeditious grant of this exemption would be consistent with the public interest. Sun Country is unique in that it provides affordable fare service at a time when there is little competition and no new entry in the industry, particularly in Minneapolis/St. Paul.
MNA is a limited liability company organized under the laws of Minnesota which has directed its activities to capitalizing and structuring the company and negotiating a transaction for the acquisition of assets from Sun Country and preparing strategies for operation of the airlines following the acquisition and certificate transfer subject to Department approval. MNA will continue to operate the current Sun Country scheduled service and charter operations using four aircraft. Because of Sun Country's name recognition in the marketplace, the airline will retain the Sun Country name. MNA is also currently in negotiations with a number of tour operators to re-enter service in the traditional manner in which it made money consistently, flying to leisure destinations with the market/load factor risk being primarily absorbed by the tour operator.
MNA will acquire from Sun Country two 727s and two 737-800s. MNA intends to maintain a fleet of four to six aircraft during 2002. MNA hopes to grow to a fleet of 14 new generation 737-800s by 2004-2005.
Counsel: Ungaretti Harris, Edward Faberman, 202.639.7500 and Kennedy Graves, Bonnie Wilkins, 612.337.9300
| Order 02-3-12 OST-01-11086 |
Issued March 15, 2002 Served March 15, 2002 |
Order |
Unbundling Airfares and Fess |
We deny Travelocity's Petition for Reconsideration in all
particulars, and we decline to take the action requested by Radius.
Second, Travelocity's allegations that Orbitz is not complying with all of Order 2001-12-7 are not grounds for reconsideration of that order. If wel-lfounded, they may be grounds for enforcement action. We understand that the Enforcement Office is in the process of investigating these and other allegations against Orbitz. The allegations involving Comet Systems' software in particular and whether the Department should regulate this type of third-party software in general can be considered when we address travel agent service fees in a rulemaking proceeding.
Third, we will not adopt the additional conditions Travelocity requests. If we were to require Orbitz to disclose on the first page of its website that each airfare, including web-only specials, is available for less on the airline's website, we would have to require all Internet travel agents that impose service fees to make a similar disclosure. We do not believe this to be necessary to protect consumers as long as any Internet travel agent that charges service fees for any air transportation complies with the conditions in the Enforcement Office's Notice. We also will not require Orbitz to delete its reference to two pricing studies, because we do not find that it is likely to confuse consumers about Orbitz's service fees or about the total price they will pay if they buy air transportation from Orbitz.
Fourth, we will take no action regarding the revised enforcement policy, as we believe the concerns expressed by Radius to be unfounded. From the consumer's perspective, the disclosure requirements that Order 2001-12-7 and the Notice set for Internet and non-Internet travel agents are comparable. Radius's examples reflect a misreading of these requirements. Internet travel agents may not quote a one-way fare and a round-trip fare and then merely disclose that "there may be a fee with this," as Radius suggests. Rather, an Internet travel agent that wants to list its service fees separately has two choices. It may quote a fare and the service fee and the total ticket price, as i n Radius's example for non-Internet travel agents.
Finally, we deny Radius's request that we require that ticket stock have a separate line for travel agent service fees. This request exceeds the scope of Order 2001-12-7 and the Notice, and Radius has not supported it with any evidence that listing the agent's service fee on the ticket is necessary to prevent consumer deception. Neither our rules nor our revised enforcement policy require any travel agent to break out its service fees separately when quoting prices for air transportation; the revised policy merely permits separate disclosure under the enumerated conditions.
By: Read Van de Water
| OST-00-7157 | March 15, 2002 | Application
for Renewal of Exemption |
U.S.- Australia |
| Service List |
Qantas seeks renewal of its exemption granted in this docket on May 1 , 2000, to engage in all operations authorized by Section 2(2) of Annex 11 of the amended Agreement, namely, scheduled and charter foreign air transportation of property and mail (a) from points behind Australia via Australia and intermediate points to a point or points in the United States and beyond. and (b) between the United States and any other point or points.
Counsel: Roller Bauer, Moffett Roller, 202.231.3300
| OST-00-7003 | March 14, 2002 | Application
for Renewal of an Exemption |
U.S.- Portugal "Open Skies" |
| Service List |
Hereby applies for renewal for a two-year period of its exemption from 49 U.S.C. § 41301 to engage in scheduled and charter foreign air transportation of persons, property and mail pursuant to the 1999 Open Skies Agreement between Portugal and the United States.
Counsel: Steptoe Johnson, William Karas, 202.429.6223, wkaras@steptoe.com
| OST-02-11859 | March 15, 2002 | Notice
of Termination of Service at Decatur, Illinois |
Intent to Terminate Service at Decatur, Illinois |
Hereby submits notice, pursuant to 49 U.S.C. § 41734 and 14 C.F.R. 323.3, of its intent to terminate service to Decatur, Illinois, effective June 9, 2002. No other carrier is currently serving Decatur, Illinois. After TSA terminates service, Decatur will be left with no service. TSA operates these flights with Jetstream 41 aircraft.
By: Trans States Airlines, Hulas Kanodia
International Air Transport Association
| OST-02-11783 | Filed March 5, 2002 | Approved March 13, 2002 | Approval of Agreements |
| OST-02-11784 | Filed March 5, 2002 | Approved March 13, 2002 | |
| OST-02-11803 | Filed March 5, 2002 | Approved March 13, 2002 |
By: Paul Gretch
| Order 02-3-11 OST-01-11018 |
Issued March 15, 2002 Served March 20, 2002 |
Order |
PSC/Reso/111 |
By: Paul Gretch
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