OST Filings for January 3, 2003

Air Europa Lineas Aereas, S.A.U.

OST-01-10385

Filed November 1, 2002
Issued January 3, 2003

Notice of Action Taken

US-Spain

Notice approving the application. Effective January 3, 2003 through January 3, 2004. Petitions due January 14, 2003.

By: Paul Gretch

Air Tahiti Nui

OST-98-4331

Filed November 22, 2002
Issued January 3, 2003

Notice of Action Taken

Exemption - Tahiti-US

Renew existing exemption authority from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Papeete, Tahiti (French Polynesia), and Los Angeles, California; and between Papeete, Tahiti (French Polynesia) and Paris, France, via Los Angeles; and to conduct charters in accordance with Part 212 of the Department's rules.

By: Paul Gretch

Compania Mexicana de Aviacion, S.A. de C.V.

OST-01-11028

Filed December 12, 2002
Issued December 3, 2003

Notice

Mexico City - Miami and Beyond

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination services between Mexico City, Mexico, and Miami, Florida, and beyond, for a period of one year.

By: Paul Gretch

Proposed Rule; Notice of Petition Response Date

Computer Reservation System

OST-97-2881 OST-97-3014 OST-98-4775 OST-99-5888	January 3, 2003	Answer of Galileo in Response to Petition	Computer Reservation System
		Service List

Like Sabre, Galileo is concerned that the Department's Notice of Proposed Rulemaking concerning computer reservations systems appears to rest on a number of suppositions that lack appropriate factual support. Galileo believes that the issues raised in this rulemaking are highly significant for the future of the travel industry and that there must be adequate procedures to ensure that the Department has a complete and accurate factual record on which to base its decisions.

Counsel: Covington Burling, Carolyn Corwin, 202 662-6000

OST-97-2881 OST-97-3014 OST-98-4775 OST-99-5888	January 2, 2003 Docketed January 3, 2003	Answer of Northwest Airlines	Computer Reservation System
		Service List

The Department should reject the sixth request of the Air Carrier Association of America for immediate revision or suspension of the provision on sale of marketing and booking data in Section 255.10(a) of the Computer Reservations System rules. ACAA's renewed request reflects a basic misunderstanding about the way airlines use such data and underscores the need for the Department to give other parties the opportunity to comment on proposed revisions to Section 255.10(a), as required by the Administrative Procedure Act, before deciding whether to modify the provision. With the initial comment date in the CRS rulemaking only two months away, there is no justification to preempt the notice-and-comment procedures mandated by the APA and followed by the Department in this and all other CRS rulemakings.

Counsel: Northwest, Megan Rosia, 202 842-3193

OST-97-2881
OST-97-3014
OST-98-4775
OST-99-5888

January 3, 2003

Notice

Computer Reservation System

We believe that Delta's request is reasonable and that responses by other parties would assist our consideration of Sabre's petition. Given the holidays and the unusual nature of Sabre's petition, establishing January 13 as the due date for answers would give the parties an adequate time to respond without delaying the rulemaking. We therefore invite interested persons to file answers by January 13.

By: Read Van de Water

OST-97-2881
OST-97-3014
OST-98-4775
OST-99-5888

Issued January 2, 2003
Published January 8, 2003

Computer Reservations System

By: Kirk Van Tine

Cool Tours, Inc. d/b/a San Juan Aviation

OST-02-13937

January 2, 2003
Docketed January 3, 2003

Letter Requesting Additional Information

Authority to Conduct Scheduled Passenger Operations as a Commuter Air Carrier

We note from the information provided in this application on November 15, 2002, that since its inception in January 2001, Cool Tour's on-demand air taxi operations do not appear to have been profitable. The carrier's income statement dated July 31, 2002, indicates that it lost $27,359 for the year ending July 31, 2002. At that time, the carrier posted a zero balance in its retained earnings account. We also note that Cool Tour's balance sheet of the same date shows total current assets of $9,760 and total current liabilities of $113,444, resulting in a negative working capital position of $103,684.

In its application Cool Tours states that it will conduct its proposed commuter operations (ten flights a week between San Juan and St. Thomas) with the carrier's two Beech 100 aircraft. Monthly operating and administrative expenses are identified, although nothing is specified for pre-operating expenses, including FAA certification, or increased insurance necessary for commuter authorization. That notwithstanding, if we use the information at hand, total monthly average operating costs for the proposed flights, including overhead, come to $16,951. Multiplying this figure by three, to estimate the first three months operating expenses, equals $50,854, the amount that Cool Tours would have to have on hand to meet our financial fitness criteria.

By: Howard Serig

Economic Enforcement Consent Orders

Order 03-1-7
OST-03-14194

Issued and Served January 3, 2003

Consent Order

Economic Enforcement Consent Orders - 2003

Order 2003-1-7, the Department (1) approves the settlement and the provisions of this order as being in the public interest, (2) finds that North Vancouver Airlines, Ltd., violated 49 U.S.C. Section 41301 by commencing scheduled air service to and from the United States prior to obtaining permit authority from the Department, (3) finds that, by engaging in the conduct and violations described in paragraphs 2, North Vancouver Airlines, Ltd., engaged in an unfair and deceptive practice and unfair method of competition in violation of 49 U.S.C. Section 41712, and; (4) North Vancouver Airlines, Ltd., and all other entities owned and controlled by, or under common ownership and control with North Vancouver Airlines, Ltd., and their successors and assignees, are ordered to cease and desist from future violations of 49 U.S.C. Sections 41301 and 41712.

By: Samuel Podberesky

Essential Air Service at Carlsbad, New Mexico

Order 03-1-2
OST-02-12800
OST-02-12802

Issued January 2, 2003
Served January 7, 2003

Notice of Intent to Terminate Scheduled Air Service at Carlsbad, New Mexico

Order 2002-1-2, the Department extends Air Midwest's service obligation at Carlsbad and Hobbs, New Mexico, for an additional 30 days, through January 22, 2003.

By: Randall Bennett

Essential Air Service at Excursion Inlet, Alaska

Order 03-1-6
OST-02-12014

Issued January 2, 2003
Served January 7, 2003

90-Day Notice to Terminate Essential Air Service at Excursion Inlet, Alaska

Order 2003-1-6, the Department extends L.A.B. Flying Service's service obligation at Excursion Inlet, Alaska, for an additional 30 days, through January 29, 2003. Although L.A.B, has submitted a proposal, this case will not be completed before the end of the current hold-in period. As required by 4 U.S-C- 41734, we must continue to require L.A.B. to serve Excursion Inlet for an additional 30-day period.

By: Read Van de Water

Essential Air Service Between Salina, Kansas and Kansas City, Kansas

Order 03-1-3
OST-02-11376

Issued January 2, 2003
Served January 7, 2003

90-Day Notice to Terminate Scheduled Air Service between Salina, Kansas and Kansas City, Kansas

Order 2003-1-3, the Department extends Air Midwest, Inc., d/b/a US Airways Express's (Air Midwest) service obligation at Salina, Kansas, for another 30 days, through January 22, 2003.

By: Randall Bennett

Essential Air Service Between Stauton, Virginia and Pittsburgh, PA

Order 03-1-4
OST-02-11378

Issued January 2, 2003
Served January 7, 2003

90-Day Notice to Terminate Scheduled Air Service Between Stauton, Virginia and Pittsburgh, PA

Order 2003-1-4, the Department extends Air Midwest's service obligation at Staunton, Virginia, for an additional 30 days, through January 22, 2003.

By: Randall Bennett

Essential Air Service at Thief River Falls, Minnesota, Watertown, South Dakota, Mason City Iowa and Fort Dodge, Iowa

Order 03-1-5
OST-01-10642
OST-01-10644
OST-01-10684
OST-01-10682

Issued January 2, 2003
Served January 7, 2003

Notice of Intent to Terminate Service at Thief River Falls, Minnesota, Watertown, South Dakota, Mason City Iowa and Fort Dodge, Iowa

By: Read Van de Water

2002/2003 Hong Kong Fifth-Freedom All-Cargo Frequency Proceeding

OST-02-14049

January 3, 2003

Answer of Atlas to Motion of Federal Express for Limited Intervention

2002/2003 Hong Kong Fifth-Freedom All-Cargo Frequency Proceeding

By motion dated December 24, 2002, Federal Express Corporation has asked to have the Department's Office of Aviation Enforcement and Proceedings facilitate discussions by the parties in an effort to develop a proposed allocation of Hong Kong 5th freedom frequencies. Atlas Air, Inc. hereby submits its answer to the FedEx motion.

Atlas supports the premise underlying the motion - that it is in the public interest for the parties to attempt to reach a compromise making it unnecessary for the Department to divvy up the very limited number of available frequencies. Therefore, Atlas believes it is appropriate for the Department to take action to alleviate the antitrust concerns that are standing in the way of settlement discussions.

Counsel: Atlas, Russell Pommer, 202 354-3843

International Air Transport Association

OST-02-14123
OST-02-14125
OST-02-14139
OST-02-14141
OST-02-14142
OST-02-14144
OST-02-14151

Filed December 19, 2002
Filed December 19, 2002
Filed December 20, 2002
Filed December 20, 2002
Filed December 20, 2002
Filed December 20, 2002
Filed December 23, 2002
Approved December 30, 2002

Notice of Approval of Agreements

Approval of Agreements

By: Paul Gretch

Personas Y Paquetes Por Aire, S.A. de C.V.

OST-99-6231	January 3, 2003	Application for Renewal of Exemption	US-Mexico
		Service List

Counsel: Roller Bauer, Lee Bauer, 202 331-3300

United Air Lines, Inc. and Asiana

OST-03-14202	January 3, 2002	Joint Application of United Air Lines and Asiana for Antitrust Immunity	Antitrust Immunity
		Index to Exhibits
		Exhibit JA- 1
		Exhibit JA- 2
		Exhibit JA- 3
		Exhibit JA- 4
		Exhibit JA- 5
		Exhibit JA- 6
		Exhibit JA- 7
		Exhibit JA- 8
		Exhibit JA- 9
		Exhibit JA- 10
		Exhibit JA- 11
		Exhibit JA- 12
		Exhibit JA- 13
		Exhibit JA- 14
		Exhibit JA- 15
		Exhibit JA- 16
		Exhibit JA- 17

United and Asiana are partners in a code-share and marketing alliance concluded earlier this year. Through their alliance, United and Asiana intend to expand the geographical scope of their online services, enhance the travel options that they hold out to the public, and develop more competitive global networks. In April 2003, United and Asiana plan to begin code sharing with United placing its code on Asiana's nonstop flights between Seoul (Incheon), on the one hand, and Los Angeles, San Francisco, New York (JFK), and Seattle, on the other; United will also place its code on Asiana domestic Korea flights between Seoul (Incheon) and Busan. Asiana will, in turn, place its code on United's flights operating between Seoul (Incheon) and Honolulu, San Francisco, and Chicago, via Japan, and on United domestic flights operating behind the U.S. gateways of Seattle, Chicago, San Francisco and Los Angeles for passengers traveling between these behind-gateway domestic cities and points in Korea., U.S.-Korea city pairs and increased traffic support for its network of U.S.-Asia services, while Asiana will significantly expand its access to the United States.

Counsel: Wilmer Cutler, Bruce Rabinovitz, 202 663-6960 for United / Patton Boggs, Gregory Walden, (202) 457-6135 for Asiana

OST-03-14202	January 3, 2003	Motion of United Air Lines Confidential Treatment	Antitrust Immunity
		Service List

Counsel: Wilmer Cutler, Bruce Rabinovitz, 202 663-6960

OST-03-14202	January 3, 2003	Motion of Asiana Airlines Confidential Treatment	Antitrust Immunity
		Service List

Counsel: Patton Boggs, Gregory Walden, 202 457-6135