Issued March 25, 2002
Notice of Action Taken© Copyright 2002 Airline Information Research, Inc. All rights reserved.
Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day
OST Docket Filings for March 25, 2002 |
Last Updated 03/25/02 09:18 PM
Applications and Renewals:
American/TWA - New York- St. Maarten Renewal | Continental/Air Excel - Correction
Delta/ASA/Comair/Alitalia/Eurofly - Notice of Delta/Alitalia
Haiti Caribbean Airlines - Port au Prince- Miami/NY
Answers and Replies:
Cherokee Air - Updated Documents | CRS - Comments
U.S.- Brazil - Answer of Delta (Permanent Authority)
Notices of Action Taken:
Aerodan | Aerotaxis Metropolitanos | American/Continental - Brazil Dormancy | Apoyo Aereo
Continental - Waiver of Dormancy | Delta - Brazil Temporary Allocation | Evergreen (2)- U.S.- Russia/Thailand
Lan Chile - Department Action | Polar - Saudi Arabia Dormancy Renewal
Notices and Orders:
Japan Cargo Schedules - Notice of Deferral | Site59.com - Consent Order
| OST-98-4825 | Filed March 6, 2002 Issued March 25, 2002 |
Notice of Action Taken |
U.S.- Mexico Charters |
Exemption to permit the applicant to conduct passenger and/or cargo charter operations between Mexico and the United States, and other charter operations in accordance with 14 CFR Part 212, using small equipment.
By: Paul Gretch
Aerotaxis Metropolitanos, S.A. de C.V.
| OST-97-3132 | Filed March 5, 2002 Issued March 25, 2002 |
Notice
of Action Taken |
U.S.- Mexico Charter Taxi |
Exemption to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment.
By: Paul Gretch
American Airlines, Inc.; Continental Airlines, Inc. and 1999 U.S.- Brazil Combination Service
| OST-99-6284 OST-02-11615 |
Filed February 15, 2002 Filed February 15, 2002 Issued March 22, 2002 |
Notice
of Action Taken |
1999 U. S.-Brazil Combination Service |
The waivers with respect to American's and Continental's Brazil services expires March 31, 2002. The Department may not be able to complete its decision on the merits of the carriers' request in the captioned dockets before expiration of the current waivers. Accordingly, for procedural reasons, we have granted a limited temporary extension of the carriers' waiver requests, to maintain the status quo and enable the carriers to retain their frequencies, pending final Department action on the applications.
In its application, Continental also sought a waiver of the dormancy condition on its U.S.-Ecuador and U.S.-Japan frequencies. We will handle these requests by separate notice.
By: Paul Gretch
American Airlines, Inc. and TWA Airlines LLC
| OST-02-11953 | March 25, 2002 | Application
for Renewal of Exemption |
New York- St. Maarten |
Counsel: American, Carl Nelson, 202.496.5647, carl.nelson@aa.com
| OST-00-7344 | Filed March 5, 2002 Issued March 25, 2002 |
Notice
of Action Taken |
U.S.- Mexico Charter Air Transportation |
Exemption to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 2 12, using small equipment.
By: Paul Gretch
| OST-01-9566 Docket 49103 |
March 22, 2002 Docketed March 25, 2002 |
Updated
Financial Documents of Cherokee Air |
Marsch Harbour Abaco, Bahamas- U.S. |
Counsel: Aviation Professionals, Richard Asper, 954.763.4848, ricka@aviation-professionals.com
Computer Reservation System Regulations
| OST-97-2881 | March 22, 2002 | Comments
of Margaret Walsh |
Computer Reservation System (CRS) |
By: Margaret Walsh
Continental Airlines, Inc.
| OST-02-11615 | Filed February 15, 2002 Issued March 22, 2002 |
Notice
of Action Taken |
Waiver of the Dormancy Conditions - U.S.- Brazil; U.S.- Ecuador; U.S.- Japan Frequency Allocations |
Waiver of the dormancy conditions applicable to certain of its U.S.- Ecuador and U.S.- Japan frequency allocations. Continental requests a waiver through December 31, 2002, of the dormancy condition applicable to one-and-a-half (1.5) of its U.S.-Ecuador frequencies for service between Houston and Quito, Ecuador via Panama City, Panama; and two (2) of its U.S.-Japan frequencies for service between New York (Newark) and Tokyo, Japan. Continental states that, due to the continued economic uncertainties stemming from the events of September 11, and a sustained decline in the demand for U.S.- Ecuador and U.S.- Japan services, it requires an extension of its existing waivers of the dormancy conditions in these markets.
By: Paul Gretch
Continental Airlines, Inc. and Air Excel Netherlands B.V.
| OST-02-11945 | March 25, 2002 | Re:
Correction to Signature Page and Service List of Application |
U.S.- Netherlands Codeshare |
Enclosed for submission in the above-captioned docket are corrected copies of the signature page and service list for the March 22, 2002 application of Continental' and KLM exel for codeshare authority.
Counsel: Continental and Crowell Moring, Thomas Newton Bolling, 202.624.2615
| OST-02-11627 | Filed February 19, 2002 Issued March 22, 2002 |
Notice
of Action Taken |
U.S.- Brazil Combination Frequencies; Atlanta- Rio de Janeiro |
Temporary indefinite allocation of four weekly U.S.- Brazil service frequencies for continuation, beyond March 31, 2002, of its Atlanta-Rio de Janeiro services. In support of its application, Delta argues that the other authorized U.S.-Brazil carriers (American, Continental, and United) all have unused frequencies, which would allow the Department to fund Delta’s request for a temporary indefinite allocation of U.S.-Brazil frequencies. Delta further states that the Department should grant Delta’s request from an unspecified source, so that its Atlanta-Rio de Janeiro services will not be subject to recall until the last frequencies are exhausted from among the many sources of available unused frequencies. American, Continental, and the Georgia and Atlanta Civic Parties (the State of Georgia, the City of Atlanta, Atlanta Hartsfield International Airport, and the Metro Atlanta Chamber of Commerce) filed answers to Delta’s application.
By: Paul Gretch
| OST-01-10417 | March 25, 2002 | Notice of Delta Air Lines and Alitalia Team |
Blanket Statements of Authorization for U.S.- Italy Open Skies Codesharing |
Hereby notify the Department that on or about May 2,
2002, the carriers plan to begin third-country
codeshare service to India by displaying Delta's "DL" designator code
on flights operated by Alitalia Team between Milan, Italy and Mumbai, India.
Counsel: Zuckert Scoutt, Richard Mathais, 202.298.8660 and Shaw Pittman, Robert Cohn, 202.663.8060
Evergreen International Airlines, Inc.
| OST-96-2025 | Filed February 22, 2002 Issued March 22, 2002 |
Notice
of Action Taken |
U.S.- Russia All-Cargo Frequency Allocation |
Waiver of 90-day dormancy condition: Evergreen has applied for a waiver of the 90-day dormancy condition with respect to its allocation of three weekly U.S.- Russia all-cargo frequencies for services between Anchorage, on the one hand, and Khabarovsk, Petropavlovsk, Vladivostok and Yuzhno-Sakhalinsk, Russia, on the other. Evergreen requests a waiver of the dormancy condition from April 1, 2002, through November 8, 2002. Evergreen states that the adverse effects of the events of September 11, 2001, continue to be felt in the U.S.- Russia all-cargo market, making it uneconomic for Evergreen to resume freighter services for the foreseeable future. Evergreen states that it intends to reenter this market and anticipates that day will come well before the expiration of the additional waiver it requests here. Evergreen states that the waiver will afford it the flexibility to resume service as soon as economic conditions warrant.
By: Paul Gretch
| OST-01-8879 | Filed February 22, 2002 Issued March 22, 2002 |
Notice
of Action Taken |
U.S.- Thailand All-Cargo Frequency Allocation |
Waiver of 90-day dormancy condition: Evergreen has applied for a waiver of the 90-day dormancy condition with respect to its allocation of one weekly all-cargo frequency for services between the U.S. and Thailand. Evergreen requests the waiver for a period of one year, from April 1, 2002 through March 31, 2003. Evergreen states that the adverse effects of events of September 11, 2001, continue to be felt in the U.S.- Thailand all-cargo market, making it uneconomic for Evergreen to enter the market in the foreseeable future. Evergreen states that it intends to reenter this market and anticipates that day will come well before the expiration of the additional period of waiver it requests here. Evergreen states that the waiver will afford it the needed flexibility to resume service as economic conditions warrant.
By: Paul Gretch
Haiti Caribbean Airlines, S.A.
| OST-02-11947 | March 25, 2002 | Application
for Exemption Authority |
Port au Price, Haiti- Miami, Fl/New York, New York (JFK and Newark) |
| Index of Exhibit and Certification | |||
| Exhibit 100: Required Information | |||
| Exhibit 101: Corporate Charter | |||
| Exhibit 102: Operating Authority | |||
| Exhibit 103: Directors, Officers and key Personnel | |||
| Exhibit 104: Financial Statement | |||
| Exhibit 105: Forecast Revenue and Costs | |||
| Exhibit 106: Wet Lease Agreement | |||
| Exhibit 107: Warsaw Convention Waiver | |||
| OST-95-236 | March 25, 2002 | Counterpart to Warsaw
Agreement of Haiti Caribbean Airlines |
Warsaw Agreement |
Applicant intends to commence its services with one wet leased aircraft, a Boeing 757, configured with 214 all one-class seats. Applicant currently plans to operate only a twice weekly service between PAP and New York, but will increase that as traffic warrants, with a view towards operating a five-times weekly service before the end of its first full year of service. However, Applicant would respectfully request that its authority be issued to include both Miami and New York. Applicant anticipates that, if its traffic projections are close to accurate, it will be able to open the Miami service and to add a second wet leased B-757 to its fleet sometime late in the first year or shortly into the second year of its operations. Applicant would therefore appreciate some modest flexibility in the U. S. points to which it may operate.
Counsel: Mendelsohn O'Keefe, Allan Mendelsohn, 202.775.0686, amen2@starpower.net
Japanese Cargo Carriers - Order to File Schedules
| OST-02-11890 | March 22, 2002 Docketed March 25, 2002 |
Notice
Deferring the Schedule-Filing Requirements of Order 2002-3-18 |
Japanese Cargo Carriers - Order to File Schedules |
On March 22, 2002, the Department received a communication from the Japanese Ministry of Land, Infrastructure and Transportation (MLIT) concerning the issues addressed in Order 2002-3-18. While we are considering the MLIT's communication and reserve on the issues raised therein, we have decided to defer until further notice of the Department, the dates for the filing of schedules set in Order 2002-3-18.
By: Read Van de Water
| OST-00-7271 | Filed March 15, 2002 Date of Action March 22, 2002 |
Department
Action on Application |
New York/Los Angles- Lima, Peru |
By: Barbara Schools
| OST-98-3652 | Filed March 7, 2002 Issued March 22, 2002 |
Notice
of Action Taken |
U.S.- Saudi Arabia All-Cargo |
Waiver of dormancy condition: By Notice of Action Taken dated September 8, 1998, the Department granted Polar Air Cargo exemption authority to provide scheduled all-cargo service between points in the United States and Jeddah, Saudi Arabia, via Odtend, Belgium, and Shannon, Ireland, and beyond Saudi Arabia to Johannesburg, South Africa; Harare, Zimbabwe; and Nairobi, Kenya, and allocated it two weekly U.S.- Saudi Arabia frequencies for this service. That award was subject to the condition that the frequency allocation would expire automatically and the frequencies would revert to the Department for reallocation if they are not used for a period of 90 days Polar temporarily suspended Saudi Arabia service on June 18, 1999 Since then the Department has granted Polar waivers of the 90-day dormancy condition until January 10, 2002. The dormancy waiver was extended through March 31, 2002 by the Department’s blanket waiver in Order 2001-11-15.
By: Paul Gretch
| Order 02-3-23 | Issued March 25, 2002 Served March 25, 2002 |
Consent Order |
Violations of 49 U.S.C. $41712 and 14 CFR 399.84 |
Site59 specializes in offering last minute weekend travel packages that include airfare, hotel and/or rental car. During 2001, Site59 promoted air travel packages by means of advertisements that were published over the Internet (Site59.com and other sites) and through internet-based subscriptions. One such advertisement appeared on July 18, 2001, offering "Site59 Top Picks / Dynamite Savings - Take $25 off" weekend travel packages including hotel and airfare, describing five destinations from Washington, D.C., valid from July 18 through July 31, 2001. Another such promotion that was repeatedly published was the "Las Vegas, NV: More Than Wayne Newton" package. Both publications held out prices without mention of any applicable taxes or fees that would be added when the tickets were purchased. When, however, passengers attempted to purchase the advertised getaway package from Washington Dulles Airport to Las Vegas, for example, they were told that the fare was actually $62.16 higher than the quoted fare, because the advertised fare did not include all of the applicable fees and charges. As published, the Site59 advertisements violate section 399.84 of the Department's regulations and 49 U.S.C. § 41712.
Site59.com, Inc. consents to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 and of 14 CFR 399.84, and to the assessment of $40,000 in compromise of potential civil penalties. Of this penalty amount, $20,000 will be offset by the expenses Site59.com, Inc. has incurred in bringing its operations, web site and subscription service into compliance with the Department's statutes and regulations; these expenses were supported by cost records provided to the Enforcement Office. Another $10,000 of the penalty amount shall be due and payable within 15 days of the issuance of this order. The remaining $10,000 shall be suspended for one year from the date of issuance of this order, and then forgiven unless Site59.com, Inc. violates this order's cease and desist provision during that time period or fails to comply with the order's payment provisions, in which case the unpaid portion of the penalty shall become due and payable immediately.
By: Rosalind Knapp
U.S.- Brazil Combination Frequencies
| OST-02-11711 | March 25, 2002 |  Consolidated
Reply of Delta Air Lines
|
U.S.- Brazil Combination Frequencies (Atlanta-Rio de Janeiro Permanent Authority) |
The Department has already granted extraordinary relief well beyond the normal 90 day dormancy window, and no exceptional circumstances have been demonstrated that would warrant additional waivers for U.S.-Brazil services. Carriers are well along with recovering and expanding their domestic and international service schedules. The fact that American, United and Continental have not resumed service in the U.S. -Brazil market is merely reflective of their determination that better returns can be found elsewhere.
For the reasons explained by Delta, the constant shadow of doubt that is cast over Delta's ability to continue daily Atlanta-Rio de Janeiro service harms Delta in the marketplace every day. The Department should take immediate steps - as it said it would - to resolve these issues and to ensure that the maximum public benefits are derived from these important service opportunities.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202.663.8060
Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day
© Copyright 2002 Airline Information Research, Inc. All rights reserved.
