Docketed March 18, 2002
Re:
Ruling on Request for Confidential Treatment© Copyright 2002 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for March 18, 2002 |
Last Updated 03/19/02 02:01 PM
Applications and Renewals:
China Airlines - U.S.- Taiwan Renewal | IATA (2)
U.S.- France Old Docket Numbers Reissued - Northwest/United/USAir
Answers and Replies:
Arizona Express - Ruling on Confidential Treatment Request | CRS Extension of Rules (11)- Comments
Delta - Reply to American (Japan Frequencies) | Delta/Aeromexico - Seasonal Basis Service for Cincinnati-Cancun
U.S.- Ecuador - Inauguration of Service by Gemini
Notices of Action Taken:
Gemini - Colombia Renewal | Northwest - Lome, Togo Renewal
Notices and Orders:
Electronic Transmission and Storage of Drug Testing Information Advisory Committee - Notice
Great Lakes - Service Obligation | United vs. EC - Order Granting Waiver
Arizona Express Airlines, Inc.
| OST-01-10529 | March 7, 2002 Docketed March 18, 2002 |
Re:
Ruling on Request for Confidential Treatment |
Scheduled Commuter Passenger Operations |
The compliance information applicable to you consists of two court filings. It is our understanding that these documents would already be on the public record, and you have provided no information that indicates that they are not. Since it is not our practice to grant confidential treatment to information already on the public record, we will deny the company's request for such treatment here.
By: Patricia Thomas
| OST-97-3138 | March 18, 2002 | Application for Renewal of Exemption |
U.S.- Taiwan |
| Service List |
CAL holds a foreign air carrier permit last issued by the Department in Order 86-5-48. CAL is authorized under its permit to provide service between the coterminal points Taipei and Kaohsiung, Taiwan; via intermediate points in the Pacific; and the coterminal points Guam; Honolulu, Hawaii; Los Angeles and San Francisco, California; Seattle, Washington; Dallas, Texas; and New York, New York; and beyond to Amsterdam, The Netherlands. CAL also is authorized by the permit to make technical stops in Anchorage and Fairbanks, Alaska and to provide charter foreign air transportation subject to the Department's regulations. In addition to its permit, CAL holds an exemption authorizing it to: (a) conduct scheduled foreign air transportation of persons, property, and mail from points behind Taiwan, via Taiwan, and intermediate points, to points in the United States and beyond; (b) conduct charter foreign air transportation of persons, property, and mail between Taiwan and the United States, and between points not in Taiwan and points not in the United States pursuant to the terms of the Open Skies Agreement; (c) conduct other charters pursuant to Part 212 of the Department's Economic Regulations; and (d) exercise all other rights enumerated in Annexes I and II of the Open Skies Agreement. Notice of Action Taken in Docket OST-19973138, dated March 20, 2000. CAL's authority under this exemption is set to expire March 20, 2002.
By this application, CAL intends to invoke the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department's Special Regulations.
Counsel: Hogan Hartson, Ronald Brower, 202.637.6446, rpbrower@hhlaw.com
| OST-02-11706 | March 18, 2002 |  Reply
of Delta Air Lines
|
Waiver of the Dormancy Conditions Applicable to Certain of Its U.S.- Japan Frequencies |
American's speculative desire to serve Los Angeles-Tokyo a year and a half from now provides no reason to deny Delta's interim request for a dormancy waiver through April 1, 2003. Grant of Delta's requested waiver though the end of the 2002/03 Winter Season will not impact American's ability to institute service in the summer of 2003, if there are still dormant frequencies at that time. It is highly ironic that American would oppose Delta's Japan dormancy waiver, for a service to begin some eighteen months from now, when, just recently, American protested that being required to give notice of its Brazil service plans a mere 90 days in advance of the summer season was unreasonable: "December is too early for carriers to be expected to finalize their summer 2002 schedules." Answer of American, Dockets OST-01-10782, 01-11065. If, in the present economic climate, 90 days is too early to expect carriers to have finalized there service schedules, 18 months is absurd.
It is even more ironic that American would oppose Delta's request for a dormancy waiver for Japan frequencies at the same time that American is requesting an extension of its own dormancy waiver for Brazil frequencies. OST-99-6284-209. While Delta's request for a dormancy waiver in Japan would not interfere with American's distant future plans for new Japan service, American's request for a dormancy waiver in Brazil has a direct and immediate impact on Delta's effort to compete with American in the U.S.-Brazil market. Because Delta can only provide daily Atlanta-Rio de Janeiro service by relying on temporary frequencies, there is a constant shadow of uncertainty on the future of Delta's service, which limits Delta's ability to compete for critical long- term corporate accounts and tour programs. American dominates U.S. - Brazil service and should not be granted a further dormancy waiver to warehouse Brazil frequencies that Delta is ready, willing and able to use right now.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com
Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.
| OST-01-10457 | March 18, 2002 | Re: Delta Air Lines Intends to Operate
Seasonal Service, Rather than Year-Round |
Cincinnati- Cancun |
Delta hereby notifies the Department that Delta intends to operate Cincinnati - Cancun service on a seasonal, rather than year-round basis. Accordingly, Delta requests that the dormancy period applicable to the Cincinnati - Cancun route begin to run on December 1, 2002.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com
| OST-02-11831 | March 18, 2002 | Notice |
Electronic Transmission and Storage of Drug Testing Information Advisory Committee |
The Secretary of Transportation is establishing the Department of Transportation (DOT) Electronic Transmission and Storage of Drug Testing Information Advisory Committee. The purpose of the committee is to recommend to the Department the type and level of electronic security that should be used for the transmission and storage of drug testing information generated as part of the DOT drug and alcohol testing program regulated by 40 CFR part 40 (65 FR 79462). Additionally, the Committee may examine and provide advice to the DOT related to the format and methodology used in transmitting this type of information as well as the levels and procedures to use in implementing electronic signature technology within the context of the drug and alcohol program
By: Don Shatinsky
Extension of Computer Reservations Systems (CRS) Regulations
| OST-97-2881 | March 18, 2002 | Comments
of Kimberly
Smith |
Computer Reservation System (CRS) |
By: Kimberly Smith
| OST-97-2881 | March 18, 2002 | Comments
of Mary Ann Conney |
Computer Reservation System (CRS) |
By: Mary Ann Conney
| OST-97-2881 | March 18, 2002 | Comments
of Jo Riley |
Computer Reservation System (CRS) |
By: Jo Riley
| OST-97-2881 | March 18, 2002 | Comments
of Diane Schuck |
Computer Reservation System (CRS) |
By: Diane Schuck
| OST-97-2881 | March 18, 2002 | Comments
of Noelle Smith |
Computer Reservation System (CRS) |
By: Noelle Smith
| OST-97-2881 | March 18, 2002 | Comments
of Frances Stewart |
Computer Reservation System (CRS) |
By: Frances Stewart
| OST-97-2881 | March 18, 2002 | Comments
of Judy Harvey |
Computer Reservation System (CRS) |
By: Judy Harvey
| OST-97-2881 | March 18, 2002 | Comments
of Mary Kirschling |
Computer Reservation System (CRS) |
By: Mary Kirschling
| OST-97-2881 | March 18, 2002 | Comments
of Monika Leuenberger |
Computer Reservation System (CRS) |
By: Monika Leuenberger
| OST-02-11577 | March 18, 2002 | Comments
of the Air Carrier Association of America
|
Extension of Computer Reservations Systems (CRS) Regulations |
ACAA requests that the Department "act more quickly" and immediately suspend 14 CFR § 255.10(a). As a possible alternative to elimination of the rule, ACAA would not object if the rule were amended so that a carrier would be allowed to buy the data of another carrier through a CRS system provided that the other carrier specifically agrees to the sale of its data. If a carrier objects to the sale of its data, it could not be sold by any system under Section 255.10(a). Therefore, as an alternative to suspension or elimination of this section, Section 255.10(a) could be amended as follows: § 255.10 Marketing and booking information. (a) Each system shall make available to all U.S. participating carriers on nondiscriminatory terms all marketing, booking, and sales data relating to carriers that it elects to generate from its system subject to the following conditions: 1) The data made available shall be as complete and accurate as the data provided a system owner; and 2) The system shall not provide to any participating carrier data on another carrier unless that other carrier has provided written authorization for the system to release the data.
Counsel: ACA, Edward Fabermaan, 202.639.7502
| OST-97-2881 OST-99-5888 OST-02-11577 |
March 18, 2002 | Comments of Amadeus
Global Travel Distribution |
Extension of Computer Reservations Systems (CRS) Regulations |
Amadeus supports the proposed extension, which will
give
the Department additional time to reexarmne the current rules and to consider
changes to those rules. Amadeus urges the Department to act quickly to issue
long-delayed proposed revisions to the rules. Further, Amadeus supports the
Department's tentative finding that the current rules should remain in effect
because they are necessary to promote airline competition and to ensure that
consumers and travel agents obtain complete and accurate information on airline
services.
Counsel: Steptoes Johnson, David Coburn, 202.429.8063
| OST-02-11577 | March 18, 2002 | Comments
of American West |
Extension of Computer Reservations Systems (CRS) Regulations |
The Department stated in the NPRM that it will address promptly issues that require expedited action and notes America West's request for action on booking fees. In this connection, America West renews its request that the Department not wait until the overall reexamination is complete before acting on its specific proposal to control the escalation in booking fees charged by CRS vendors. Rather, the Department should expeditiously issue an NPRM addressing the structure and level of booking fees as proposed by America West. Under this proposal the CRS vendors would be restrained in their ability to raise booking fee charges above reasonable cost related levels without a cost justification.
Counsel: Baker Hostetler, Joanne Young, 202.861.1532
| OST-02-11577 OST-97-2881 |
March 18, 2002 |
Comments of Delta Air Lines Microsoft
Word File |
Extension of Computer Reservations Systems (CRS) Regulations |
It is understandable that the Department has hesitated to modify the existing CRS regulations as it evaluates the dramatic effect of the Internet on the distribution of airline information to consumers. However, we are concerned with the statement in the Notice that suggests the Department has tentatively determined that "the current rules should be maintained because they appear to be necessary for promoting airline competition and helping to ensure that consumers and their travel agents can obtain complete and accurate information on airline services."
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060, robert.cohn@shawpittman.com
| OST-02-11577 OST-97-2881 OST-97-3014 OST-98-4775 |
March 18, 2002 |
Comments of Northwest Air LinesMicrosoft
Word File |
Extension of Computer Reservations Systems (CRS) Regulations |
Northwest understands that many of the issues pending before the Department are complex, and require careful analysis. However, Northwest is concerned that the annual extension of Part 255 has become an easy escape from facing up to the fact that the CRS rules now do more anti-competitive harm than they do pro-competitive good. Northwest urges the Department to bring the pending CRS rulemaking to a conclusion in short order; to sunset the CRS rules if possible; and if not to modify Part 255 so as to fulfill the rules' original purpose of limiting CRS market power, and to take into account the significant continuing changes in the distribution of air transportation.
Counsel: Northwest, Megan Rae Rosia, 202.842.3193, megan.rosia@nwa.com
| OST-02-11577 | March 18, 2002 |
Comments of RADIUS
- The Global Travel Company
|
Extension of Computer Reservations Systems (CRS) Regulations |
RADIUS asks the Department to not only extend the current CRS Regulations but extend them to encompass equal access to all Internet fares, inventory and rules; to regulate the use of Electronic Marketing Systems; and, to protect the privacy of consumers’ data by prohibiting the sale or exchange of any PNR data under section 255.10 cal.
Consumers depend upon the Department to prohibit the creation of an environment, which would prejudice airline competition. The Department has a fundamental responsibility to protect consumers from being subject to airline deceptive practices. There are literally millions of Americans that cannot access the Internet. It is the Department’s responsibility to make sure that those consumers have equal access to those airfares, seats and rules. Now is the time for the Department of Transportation to provide the nation’s travelers with the resources and protection they need as they travel throughout this great country.
Counsel: Michelle Faust
| OST-02-11577 | March 18, 2002 | Comments of Worldspan |
Extension of Computer Reservations Systems (CRS) Regulations |
It has now been four and a half years since the Department began to reexamine Part 255, and it is time for a new approach. As the Department has acknowledged, the electronic distribution of air transportation is dynamic and constantly changing. With each passing month (and year) the CRS regulations become increasingly ill-suited and irrelevant to the environment they purport to regulate. As a result, the regulations now foster many more inequities, inconsistencies and anomalies than the problems they were originally designed to resolve.
Counsel: Zuckert Scoutt, Charles Simpson, 202.298.8660
| OST-02-11577 | March 18, 2002 | Comments of
United Air Lines |
Extension of Computer Reservations Systems (CRS) Regulations |
| Service List |
The adoption of the CRS rules essentially represented a trade-off or calculation that, notwithstanding the generally-applicable policy of air transport deregulation, government should intervene to restrict the market for CRS services in order to prevent airlines that own or control CRS systems from unfairly or deceptively distorting competition to the detriment of consumers. The complete elimination of airline ownership at two of the four CRS systems, however, has gutted the Department's jurisdiction over the CRS systems as a matter of law and, as a practical matter, rendered the rules counter-productive, particularly in the context of a marketplace where, notwithstanding the restrictions on competition imposed by the CRS rules, there is increasingly vigorous competition among distribution channels. In this new competitive environment, the CRS rules have become an outmoded, intrusive regulatory framework that shackles market forces in the name of preventing a potential harm that, regardless of whether it ever existed in practice, no longer constitutes even a credible theory.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.8060, jmanley@wilmer.com
| OST-99-6633 | Filed February 22, 2002 Issued March 15, 2002 |
Notice
of Action Taken |
U.S.- Colombia |
Renewal of exemption to provide scheduled foreign air transportation of property and mail between a point or points in the United States and a point or points in Colombia, via intermediate points, and to integrate this authority with existing certificate and exemption authority.
By: Paul Gretch
| Order 02-3-13 OST-99-5712 |
Issued March 18, 200 Served March 21, 2002 |
Order
Extending Service Obligation |
Essential Air Service at Oshkosh, WI |
Since we have not yet received any proposals, this case will not be completed before the end of the current 30-day hold-in period. Thus, in accordance with 49 U.S.C. 41734(c), we will extend Great Lakes' service obligation at Oshkosh for an additional 30 days, or until replacement service actually begins, whichever occurs first.
By: Randall Bennett
| OST-98-4739 | Filed September 29, 2000 Issued March 15, 2002 |
Notice of Action Taken |
U.S.- Lome, Togo |
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 Lome, Togo, via Amsterdam, the Netherlands. Northwest intends to operate this service pursuant to a code-share arrangement with KLM Airlines.
By: Paul Gretch
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 02-2-19 OST-98-4030 |
Issued February 28, 2002 Served March 5, 2002 |
Order
Granting Waiver *Not Previously Released to Public |
Complaint Against European |
On
February 7, 2002, United offered an additional limited waiver of the statutory
deadline through June 2, 2002. United notes that since the filing of its
complaint a new Commission is in place and is undertaking a review of the issues
that prompted United's complaint. United states that the Commission and
United/Lufthansa/SAS are engaged in a dialogue to resolve all outstanding issues
concerning the remedies that the carriers offered to address the Commission's
antitrust concerns. United further states that it understands that the
Commission is continuing to negotiate with certain European Union (EU) Member
States certain changes to their national laws that the Commission believes will
enhance the effectiveness of the private remedies offered by the parties.
By: Susan McDermott
U.S.- Ecuador All Cargo Frequency Allocations
| OST-00-7513 | March 18, 2002 | Notification of Inauguration of Scheduled All-Cargo
Service |
U.S.- Ecuador |
| Service List |
As advised by our letter of February 19, 2002, Gemini operated its first scheduled all-cargo flight to Ecuador on Sunday, February 17, 2002. In addition, utilizing its second scheduled service frequency, Gemini operated its second scheduled flight on Friday, February 22, 2002.
Counsel: Roller Bauer, Moffet Roller, 202.331.3300, mroller@rollerbauer.com
International Air Transport Association
| OST-02-11867 | March 18, 2002 | Application for
Approval of Agreements |
PTC2 ME-AFR 0078 |
By: David O'Connor
| OST-02-11869 | March 18, 2002 | Application for
Approval of Agreements |
PTC2 EUR-ME 0131 |
By: David O'Connor
Old Docket Reissued New Docket Numbers
Northwest Airlines, Inc.
| OST-02-11765 Originally Docket 45767 |
August 24, 1988 | Application
of Northwest Airlines for Certificate |
U.S.- Frankfurt/France |
Counsel: Cadwalader, Wickersham , Barry Spector
| OST-02-11765 Originally Docket 45767 |
September 19, 1988 | Answer
of American Airlines |
U.S.- Frankfurt/France |
Counsel: Prather Seeger, Carl Nelson
United Air Lines, Inc
| OST-02-11772 Originally Docket 46406 |
July 18, 1989 | Application
of United Air Lines for a Certificate of Public Convenience and
Necessity |
United States-Paris/France |
Counsel: Ginsburg Feldman, Joel Stephen Burton
USAir, Inc.
| OST-02-11774 Originally Docket 46873 |
March 30, 1990 | Application
of USAir for a New or Amended Certificate of Public Convenience and
Necessity |
Philadelphia-Paris |
Counsel: USAir, Frank Cotter
| OST-02-11774 Originally Docket 46873 |
April 27, 1990 | Answer
of American Airlines |
Philadelphia-Paris |
Counsel: Prather Seeger, Carl Nelson
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