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OST Docket Filings for March 21, 2002 |
Last Updated 03/22/02 11:58 AM
Applications and Renewals:
Aeromexpress - Manzanillo- Los Angeles | Amerijet (2)- U.S.- Venezuela | Atlantic Air Transport - U.S.- U.K. Renewal
Continental (2)- Renew New York/Newark- Acapulco/Puerto Vallarta/San Jose del Cabo; Amendment of Mexico Certificate
JetConnection Businessflight (2)- U.S.- Germany Permit/Exemption | Taxi Aereo del Norte - U.S.- Mexico
Answers and Replies:
American/Sabena - Termination of Codeshare Agreement | American/Swissair/Sabena - Termination of Immunized Alliance
American/Turkish - United Intention to File Answer | Continental/KLM - Letter Regarding Codesharing
Extension of CRS Rules - Comments | Markair Express - Comments | Mesa (2)- Letters from the City of Merced
Mesaba (2)- Letters | Sun Country and MN Airlines - Answer of Air Line Pilots Assoc | Warsaw Agreement
Notices of Action Taken:
Air Santo Domingo - U.S.- Dominican Republic Renewal | Air Tahiti - Papeete Tahiti, French Polynesia- Los Angeles Renewal
Qantas - U.S.- Australia Renewal | Santa Barbara Airlines - U.S.- Venezuela Renewal | SAP - Dominican Republic- Puerto Rico Renewal
Volga - Denver- Cape Canaveral
Notices and Orders:
Air Midwest - Prohibiting Suspension of Service at Staunton, VA | Delta/Korean/Air France/Alitalia/Czech - Access to Documents
Order for Japanese Cargo Carriers to File Schedules | Standards for International Charter Flights - Petition for Rulemaking
Aerolineas Santo Domingo, S.A. d/b/a Air Santo Domingo
| OST-00-6796 | Filed February 26, 2002 Issued March 19, 2002 |
U.S.- Dominican Republic |
Renew exemption to engage in scheduled foreign air transportation of persons, property and mail between the Dominican Republic and a point or points in Puerto Rico; and to conduct charters in accordance with Part 2 12 of the Department’s rules. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.
By: Paul Gretch
| OST-97-2863 | March 21, 2002 | Manzanillo- Los Angeles | |
| Service List |
By Notice of Action Taken dated March 22, 2001, the Department renewed Aeromexpress's exemption to engage in scheduled, all-cargo foreign air transportation between Manzanillo and Los Angeles. While Aeromexpress presently is not providing service in this market, it desires to retain the authority so that it can institute such service should economic conditions warrant.
Counsel: Verner Liipfert, William Evans, 202.371.6000
| Order 02-03-19 OST-02-11378 |
Issued March 20, 2002 Served March 25, 2002 |
90 Day Notice To Terminate Scheduled Air Service; Staunton, Virginia- Pittsburgh, Pennsylvania | |
| Attachments: Map, Historical O&D | |||
| Service List |
Staunton's essential air service guarantee, as defined by Order 94-5-7, May 6, 1994, requires at least two nonstop round trips each weekday and weekend to Washington providing at least 66 seats in each direction. Although Pittsburgh is not Staunton's designated hub, the Department allowed Atlantic Coast Airlines to suspend its service as of December 12, 2001, concluding that Air Midwest's service to Pittsburgh would sufficiently meet Staunton's continuing need for a link to the national air transportation system. Moreover, the Department noted that as a code-share partner of US Airways, Inc., the major carrier at Pittsburgh, Air Midwest is able to offer Staunton travelers on-line connecting service throughout US Airways' system. In fact, the Department previously relied on service to Pittsburgh to meet Staunton's essential air service requirements for nearly four years, until ACA began service to Dulles in April 2000.
In calendar year 2000, Staunton generated a total of 40,684 O&D passengers, an average of 65.0 enplanements per day. This represents a significant increase over 1999, when there were 31,734 O&D passengers, or an average of 50.7 enplanements per day.
We request that any carriers interested in providing essential air service at Staunton file proposals within 20 days of the date of service date of this order. We ask that carriers submit proposals for three nonstop round trips a day, six days a week, to Washington or Pittsburgh, with 15-seat or larger, pressurized aircraft. 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 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
| OST-98-4331 | Filed July 23, 2001 Issued March 21, 2002 |
Papeete Tahiti, French Polynesia-Los Angeles |
Amend existing exemption authority to permit Air Tahiti Nui to engage in scheduled foreign air transportation of persons, property and mail between Papeete, Tahiti (French Polynesia) and Paris, France, via Los Angeles, California.
By: Paul Gretch
Air Wisconsin Airlines Corporation
| OST-95-236 | March 20, 2002 | Warsaw Agreement |
By: Air Wisconsin Airlines, Patrick Thompson
American Airlines, Inc. and N.V. Sabena S.A.
| OST-99-5943 | March 21, 2002 | Blanket Statements of Authorization to Engage in
Reciprocal Codesharing Services |
|
| Service List |
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com
American Airlines, Inc., and Swissair, Swiss Air Transport Company, Ltd. and N.V. Sabena S.A.
| OST-99-6528 | March 21, 2002 | Approval and Antitrust Immunity for Agreements |
|
| Service List |
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@aa.com
American Airlines, Inc. and Turkish Airlines
| OST-00-7151 | March 21, 2002 | U.S.- Turkey Codesharing |
This is to notify you that United Air Lines, Inc. intends to file a consolidated answer to the above-referenced joint application and the related application of Turkish Airlines dated March 12, 2002, in Docket DST-00-7154. United's answer will be filed on or before March 27, 2002, the due date for answers to the related exemption application of Turkish Airlines.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
| OST-95-557 | March 21, 2002 | Miami/Ft. Lauderdale- Caracas/ Maracaibo/ Valencia, Venezuela | |
| Service List |
Amerijet's services are and will continue to be provided with Boeing 727-200 freighter aircraft presently in Amerijet's fleet or with other aircraft Amerijet may acquire in the future. Amerijet is currently providing scheduled all-cargo service between Miami/Ft. Lauderdale and Venezuela, and it will continue to increase its scheduled services to respond to positive market conditions.
Counsel: Crispin Brenner, John Richardson, 202.371.2258
| OST-98-3383 | March 21, 2002 | Ft. Lauderdale as a Terminal Point | |
| Service List |
Amerijet
is presently permitted to serve most of its authorized foreign air
transportation markets to or from any point or points in the United States. See,
e.g., Orders 91-1-44, 91-10-43 and 92-3-41. There are some city-pair markets,
however, where Amerijet's authority is limited to serving Miami as the sole U.S.
terminal point.
First,
in Dockets 45959 and 47801, Amerijet's original certificate authority in the
U.S.-Mexico market was limited to the Miami-Merida/Mexico
City/Cancun/Guadalajara city-pair markets. On July 6, 2001, Amerijet filed an
application to renew and amend its existing U.S.-Mexico certificate authority
(Docket OST-01-10068) to, among other things, include Fort Lauderdale as a
terminal point in addition to or as an alternative to Miami. The Department has
not yet acted on that application and, until it does, approval of this
application as it pertains to Amerijet's Fort Lauderdale-Mexico authority is
essential if Amerijet is to be able to continue serving the Fort
Lauderdale-Mexico market.
To Amerijet's knowledge, there is no reason the Department limited Amerijet's authority in any of the foregoing markets; the limitations arose solely because of the manner in which Amerijet's applications were framed.
Miami
International Airport and Fort Lauderdale Hollywood International Airport are
approximately twenty miles apart. Amerijet's bonded freight warehouse facility,
through which it accepts and delivers shipments, is located west of Miami
International. In 1997 and 1998, Amerijet determined that it should try to take
advantage of certain commercial and operational advantages inherent in serving
Fort Lauderdale in addition to or as an alternate to Miami with respect to some
or all of the scheduled services it currently provides to and from Miami.
Fortunately, the Department sanctioned that effort, and Amerijet was able to
implement its plan. Amerijet's decision was a good one, and the results have
surpassed Amerijet's expectations. Accordingly, Amerijet respectfully requests
that the flexibility inherent in the exemption the Department granted be
continued into the future. While Amerijet intends to retain its authority to
serve its foreign destinations from Miami, it is here seeking to renew the
exemption giving it the ability to concentrate some or all of its scheduled
service at its Fort Lauderdale base, and it is seeking authority to provide all
its scheduled services to and from that point as well as Miami. For all these
reasons, Amerijet respectfully requests renewal of this exemption and whatever
other authority may be necessary to permit it to continue to serve Fort
Lauderdale as an additional or alternate terminal point in markets where it was
originally limited to Miami.
Counsel: Crispin Brenner, John Richardson, 202.371.2258
Atlantic Air Transport Limited
| OST-99-5206 | March 20, 2002 | U.S.- U.K. |
Application of Atlantic Air Transport Limited requesting renewal of its exemption, to engage in charter foreign air transportation of freight and air cargo between any point or points in the United Kingdom and any point or points in the United States either directly or via intermediate or beyond points in other countries, with or without stopovers; and between any point or points in the United States, and any point or points not in the United Kingdom or the United States.
Counsel: Atlantic Air, Alan Kuspert, 44.1203.882626
| OST-00-7448 | March 21, 2002 | New York/Newark- Acapulco, Puerto Vallarta and San Jose del Cabo |
Applies for renewal of its exemption from 49 U.S.C. §41102 authorizing Continental to provide scheduled foreign air transportation of persons, property and mail between New York/Newark and Acapulco, Puerto Vallarta and San Jose del Cabo, Mexico on a seasonal basis for a period of no less than two years or until the Department acts on Continental's request to amend its Route 561 certificate to include a New York/Newark-Acapulco/Puerto Vallarta/San Jose del Cabo segment. No other U.S. airline offers nonstop service in any of the city-pairs for which renewal is sought, and renewing Continental's authority will allow it to offer travelers and shippers options via Continental's hub at Newark International Airport which would otherwise be unavailable to them.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@crowell.com
| OST-02-11894 | March 20, 2002 | Certificate - Amendment of Route 561 |
Continental
asks that the following additional segments be added to Continental's Route 561:
Between the terminal point New York/Newark and the terminal points Acapulco,
Puerto Vallarta and San Jose del Cabo, Mexico. (Exemption authority most
recently granted by Notice of Action Taken, June 5, 2000, in Docket OST-007448)
Between the terminal point Houston and the terminal point Mazatlan, Mexico.
(Exemption authority most recently granted by Notice of Action Taken, February
21, 2002, in Docket OST-96-1368)
Counsel: Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@crowell.com
Continental Airlines, Inc. and KLM
| OST-01-10880 | March 20, 2002 | U.S.- Amsterdam- Germany Codeshare |
Letter of Continental Airlines to Teresa Bingham, regarding Continental's not offering U.S.- Netherlands- Ivory Coast codeshare service and will not do so without first notifying the Department.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@crowell.com
| OST-02-11842 | Served March 21, 2002 | Approval of and Antitrust Immunity of Alliance Agreements |
As an initial matter, in order to afford interested parties prompt access to the documents conditions agreed to by Delta and imposed by the Department under similar recent circumstances, we will grant immediate interim access to all documents covered by the Rule 12 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance. Moreover, consistent with earlier determinations, at the Dockets facility, Parties will be permitted to make copies of the exhibits for use by persons who have filed confidentiality affidavits. We also find it appropriate to grant interim access to any subsequent materials that may be filed in this case under a Rule 12 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance, unless the party filing the motion objects.
By: Read Van de Water
Extension of Computer Reservations Systems (CRS) Regulations
| OST-02-11577 | March 20, 2002 Docketed March 21, 2002 |
Extension of Computer Reservations Systems (CRS) Regulations |
By: Corporate Travel Manager
JetConnection Businessflight AG
| OST-02-11905 | March 21, 2002 | Foreign Air Carrier Permit | |
| Exhibit List | |||
| Exhibit A: Information Response | |||
| Exhibit B: Key Personnel | |||
| Exhibit C: Certificate of Insurance | |||
| Exhibit D: Operating License | |||
| Exhibit E: Maintenance Approval | |||
| Exhibit F: Financials | |||
| Exhibit G: Warsaw Agreement | |||
| Exhibit H: Verification | |||
| Service List |
JetConnection
is a small German operator of three company owned business jets -two Bombardier
Learjet 60 and one Bombardier Challenger 604- plus one additional Learjet 60 in
operational service, providing on-demand "VIP Executive Charter
Service" to business travelers on a worldwide basis.
As an estimate, JetConnection expects to operate an average of 24 flights per year to and from the United States, resulting in approximately 440 flight hours with its corporate jet aircraft. Based on previous years' results, this level of service would generate approximately US$ 2,420,000 gross revenue, before taxes and other costs are paid.
Counsel: Shaw Pittman, Sheryl Israel, 202.663.8312, sheryl.israel@shawpittman.com
| OST-02-11906 | March 21, 2002 | U.S.- Germany | |
| Service List |
Counsel: Shaw Pittman, Sheryl Israel, 202.663.8312, sheryl.israel@shawpittman.com
| OST-95-363 | March 21, 2002 | Termination at Atka Island & Umnak Island, Alaska |
Regarding
the two Atka proposals, one is for four round
trips per week and the other is for
five round trips per week, The DOT&PF prefers the five round trips per week
option. if all flights were successfully completed,
probably the 4 times per week proposal would work and we understand that the passenger, freight, and mail loads
appear to be serviced by the T-1040
aircraft at this frequency. However, we also know that there are many days that
flights cannot be flown, and there appears to be sufficient historical
data to demonstrate that a
significant number of flights are not successfully
completed. Therefore it is our preference for the more frequent schedule
in hopes that a sufficient number of
flights could be completed to move the people, freight, and mail with a higher probability
of being completed.
By: State of Alaska, Paul Bowers
Mesa Airlines, Inc. d/b/a United Express
| OST-98-3521 | February 26, 2002 Docketed March 21, 2002 |
90-Day Notice to Suspend Service at Merced, California |
Correspondence of the City of Merced to consent to allow Scenic Airlines to operate a modified schedule effective immediately through April 7, 2002.
By: Hubert Walsh, Mayor
| OST-98-3521 | February 27, 2002 Docketed March 21, 2002 |
90-Day Notice to Suspend Service at Merced, California |
Correspondence of the City of Merced replying to the request for temporary flight schedule change at Merced Municipal Airport.
By: Hubert Walsh, Mayor
Mesaba Aviation, Inc. d/b/a/ Mesaba Airlines
| OST-01-10642 | March 4, 2002 Docketed March 21, 2002 |
Notice of Intent to Terminate Service at Thief River Falls, Minnesota |
We the Newfolden City Council in representing our communities businesses and residents urge you to lend strong support for an EAS subsidy and the continuation of 3 round trips each day to the Thief River Falls Regional Airport.
By: Mayor James Sethre
| OST-01-10642 | March 8, 2002 Docketed March 21, 2002 |
Notice of Intent to Terminate Service at Thief River Falls, Minnesota |
I am submitting this letter, on behalf of the Roseau City Council and the citizens of the City of Roseau, to request continued and/or increased support of : commercial air services to Thief River Falls (TRF), Minnesota. The TRF Regional Airport provides an invaluable service to all of northwest Minnesota, which covers a huge geographic area. For example, the nearest available commercial airline service to Roseau is through TRF, approximately seventy (70) miles from Roseau; Alternative airports are over two (2) hours away; including Grand Forks, Bemidji and Winnipeg
By: Mayor Jeff Pelowski
Order for Japanese Cargo Carriers to File Schedules; Air Japan Co., Ltd.; Air Nippon Co., Ltd.; All Nippon Airways Co. Ltd.; Jalways Co. Ltd.; Japan Air System Company, Ltd.; Japan Airlines Company, Ltd.; Japan Asia Airways Co., Ltd.; Nippon Cargo Airlines Company, Ltd.
| Order 02-03-18 OST-02-11890 |
Issued and Served March 20, 2002 Docketed March 21, 2002 |
Part 213 Order |
Order 2002-3-18 is imposing Phase I schedule filing requirements under 14 CFR Part 213 of the Department's regulations to cover the all-cargo services of the named foreign air carriers of Japan. The Named Japanese carriers would thus be required to file their U.S. all-cargo schedules of service so that we may determine whether the operation of such services, or any part thereof, may be contrary to applicable law or adversely affect the public interest. Also taking this action in response to the Government of Japan's action which denies Federal Express Corporation (FedEx) the ability to operate certain bilaterally-agreed services.
We have carefully considered the arguments given by the MLIT to justify its failure to permit the planned transfer of slots from Delta to FedEx and believe that the planned slot transfer in this instance, as in the cases in 1998 referred to above, is fully in accord with the IATA Guidelines, local rules that pertain to the transfer of slots and the 1998 Agreement. Based on the facts before us, we find that this situation requires the imposition of the schedule filing requirements of Part 213 for the all-cargo services of the named carriers of Japan. The Government. of Japan, by its refusal, over the objections of the U.S. Government, to allow the transfer of slots from Delta to FedEx, has taken action which effectively denies FedEx the ability to exercise the operating rights set forth in the 1998 agreement. We conclude that, under these circumstances, the public interest requires that the named carriers of Japan file their all-cargo schedules of service, so that we may determine whether the operation of such services, or any part thereof, may be contrary to applicable law or adversely affect the public interest.
By: Read Van de Water
| OST-96-1428 | Filed November 26, 2001 Issued March 21, 2002 |
U.S.- Australia Intermodal Cargo |
Renew exemption to provide Intermodal cargo services between any U.S. point as authorized by its foreign air carrier permit (See Order 94-3-27) and any other U.S. points. Qantas requests that the authority be renewed for an indefinite period or at least two years.
By: Paul Gretch
| OST-00-8448 | Issued March 21, 2002 | U.S.- Venezuela |
Renew exemption to engage in scheduled foreign air transportation of persons, property and mail between Caracas and Maracaibo, Venezuela, and Fort Lauderdale, Florida; and to conduct charters in accordance with Part 2 12 of the Department’s rules; and amend that authority to the extent necessary to permit Santa Barbara to serve Miami in addition to Fort Lauderdale. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.
By: Paul Gretch
Servicios Aereos Profesionales, S.A.
| OST-97-3077 | Filed February 26, 2002 Issued March 19, 2002 |
Dominican Republic- Puerto Rico |
Renew exemption to engage in charter foreign air transportation of persons and property between the Dominican Republic and the United States. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.
By: Paul Gretch
| OST-02-11741 | March 21, 2002 |
Standards for Approving International Charter Flights; Petition of the National Air Carrier Association for Rulemaking |
The Department is inviting comments on the petition for rulemaking filed by the National Air Carrier Association (NACA) to add, delete and amend certain provisions of 14 CFR Parts 200 and 212 of the Department's Regulations. In its petition, NACA proposes, among other things, changes in the definitions and standards the Department uses in determining whether to grant or deny foreign air carrier requests to conduct certain types of international charter flights. In order that we may have a complete record on which to base our decision on NACA's petition, we solicit the views of all interested persons and entities, including direct air carriers (both U.S. and foreign), indirect air carriers (both U.S. and foreign), trade associations, labor unions, travel agents, shippers, communities, and the general public, on the proposals set forth in that petition. Comments to the Petition for Rulemaking are due May 6, 2002. If comments are filed, reply comments are due June 4, 2002.
By: Read Van de Water
Sun Country Airlines, Inc. and MN Airlines, LLC
| OST-02-11860 | March 20, 2002 | Transfer of Air Carrier Certificate Authority and Exemption | |
| Attachment: Sun Country- MN Airlines Agreement | |||
| Service List |
Air Line Pilots Association strongly opposes the application of Sun Country Airlines, Inc., a certificated air carrier, and MN Airlines, LLC, a newly formed company, for an exemption from the provisions of 49 U.S.C. § 41105 to permit MNA to consummate a proposed acquisition of all of Sun Country's assets, and to commence operations as an air carrier, before the Department has an opportunity to consider and act upon the companies' Joint Application for transfer of Sun Country's certificate to MNA. As we shall show below, there is no apparent reason why this transaction requires, or should receive, such extraordinarily expedited treatment by the Department. Rather, as we shall also show, the applicants' effort to rush this transaction through appears to be designed to avoid and undermine the rights of Sun Country's pilots under their collective bargaining agreement. The Department should not allow itself to be used in this way.
Counsel: Air Line Pilots Association, Jerry Anker, 202.797.4087
Taxi Aereo del Norte, S.A. de C.V.
| OST-02-11899 | March 20, 2002 Docketed March 21, 2002 |
U.S.- Mexico | |
| Exhibit A: Key Personnel | |||
| Exhibit B: Air Taxi Permit | |||
| Exhibit C: Financials | |||
| Exhibit D: Certificate of Insurance | |||
| Exhibit E: Warsaw Agreement |
Counsel: Taxi Aereo de Norte, Gabriel Rangel, 86.75.85.89
Volga- Dnepr J.S. Cargo Airline
| OST-02-11782 | Filed March 6, 20002 Issued March 20, 2002 |
Denver- Cape Canaveral |
On March 8, 2002, the Department granted Volga-Dnepr an exemption pursuant to permit it to operate one one-way cargo charter flight between Denver, CO, and Cape Canaveral Air Force Station, FL, during the period March 1 l- 18, 2002, using its AN- 124 aircraft, to transport outsized cargo consisting of an Atlas V Payload Fairing inside two transport containers on behalf of Lockheed Martin Astronautics (see Notice of Action Taken dated March 8, 2002, in this docket). In its original application for this authority, the applicant stated that Lockheed Martin required urgent delivery to complete an aggressive schedule that includes first flight article receipt and subsequent launch processing; that the cargo is too large for transportation on U.S. carrier aircraft; and that surface transportation is not feasible because of the time involved, the adverse effect a long road trip could have on the cargo, and the cargo’s size.
By: Read Van de Water
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