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OST Docket Filings for January 16, 2003

Last Updated 01/16/03 07:14 PM


 OST Docket Filings

Applications and Renewals: 

American - Amended Statement of Authorization - Codeshare with Qantas

Alaska Airlines and Lan Chile - Polling Letter

American and JAL - Notice of American

Cayman - Cayman Islands-Ft. Lauderdale Temporary Exemption / Foreign Air Carrier Permit

IATA - Application for Approval of Agreements

United and Asiana - 30-Day Notice

US Airways - Japan / Hong Kong / Amended Exemptions for Belgium & Netherlands (Codeshare with United Air Lines)

Answers and Replies: 

American and British Airways - Information Request

Cool Tours - Family Assistance Plan    

IATA - Technical Correction

LAP - Information Request

Notices of Action Taken:

Aero Servicios Azteca - Mexican Taxi Renewal

Antonov - Washington-Khartoum, Sudan; Karachi, Pakistan; Kabul, Afghanistan

Central Mountain - Calgary/Alberta-Spokane

Consorcio - Mexico-US

Mas de Carga - Cancun-Miami, Mexico City/Toluca-Los Angeles

Northwest - US-Philippines Route 2

Notices and Orders:

Air4Less - Consent Order

EAS at Augusta/Waterville, Bar Harbor, Rockland, ME; Keene, NH, Rutland, VT - Order Setting Interim Subsidy Rates

EAS at Kirksville, MO and Marion, IL - Order Setting Interim Subsidy Rate

2002 Hong Kong Fifth Freedom All-Cargo - Notice Staying Procedural Dates


A Better Airfare, LLC d/b/a Air4Less

Order 03-1-12
OST-03-14194
Issued and Served January 16, 2003 Consent Order

Word Document

Economic Enforcement Consent Orders

Order 2003-1-12, the Department (1) approves this settlement and the provisions of this order as being in the public interest; (2) finds that A Better Airfare, LLC d/b/a Air4Less and mydestinationsonline.com, has violated 14 CFR 399.84 by causing to be published airfare advertisements that failed to state the entire price to be price to be paid for the advertised air transportation; (3) finds that by engaging in the conduct described, and by not identifying the September 11th Security Fee by name as required by 49 CFR 1510.7, A Better Airfare, LLC d/b/a Air4Less and mydestinationsonline.com also engaged in unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. Section 41712; and, (4) A Better Airfare, LLC d/b/a Air4Less and mydestinationsonline.com, and all other entities owned and controlled by, or under common ownership and control with, A Better Airfare, LLC and their successors and assignees, are ordered to cease and desist from future violations of 14 CFR 399.84 and 49 U.S.C. Section 41712.

By: Rosalind Knapp

Index


Aero Servicios Azteca, S.A. de C.V.

OST-99-6719 Filed December 16, 2002
Issued January 15, 2003
Notice of Action Taken Mexico-US Charter Taxi

By:  Paul Gretch

Index


Aerotransportes MAS de Carga, S.A. de C.V.

OST-96-1249 Filed January 13, 2003
Issued January 15, 2003
Notice of Action Taken Cancun-Miami, Mexico City/Toluca-Los Angeles

Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, all-cargo services between: 1) Cancun, Mexico, and Miami, Florida; 2) Mexico City (including Toluca), Mexico, and Los Angeles, California; and 3) Guadalajara, Mexico, and Miami, Florida; 4) Mexico City (including Toluca), Mexico, and New York, New York; 5) Merida, Mexico, and Miami, Florida; and 6) Merida, Mexico, and New York, New York.

By:  Paul Gretch

Index


Alaska Airlines, Inc.

OST-03-14258 January 16, 2003 Re:  Polling Letter US-Chile Codeshare

I am writing to advise the Department of Transportation that Alaska has completed its telephone poll of all persons served with the above-captioned application. Alaska has been advised that no person intends to comment on its application. Alaska requests the Department's prompt approval of its application so that the proposed codeshare services can begin without delay.

Counsel:  Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com

Index


American Airlines, Inc.

OST-99-5161 January 16, 2003 Application for an Amended Statement of Authorization Statement of Authorization - Codesharing with Qantas Airways

Under the requested amendment, the Qantas "QF" desig­nator code will be displayed on flights operated by American (or its affiliates TWA Airlines LLC, American Eagle Airlines, Inc., or Executive Airlines, Inc. d/b/a American Eagle) between Chicago, on the one hand, and Montreal, Ottawa, and Toronto, on the other, and between New York (JFK) and Montreal, connecting to transpacific flights operated by Qantas from its Chicago and New York (JFK) terminal points, effective March 31, 2003.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

Index


American Airlines, Inc. and British Airways Plc

OST-02-13861 January 16, 2003 Re:  Information Request US-UK Reciprocal Codesharing

Based on our preliminary review of the application and comments, we have determined that additional information is necessary to complete the application in order to assess the competitive implications of the proposed arrangements. Therefore, we direct the joint applicants to provide the Department with the additional data and evidentiary information set forth in the attachment to this letter. This information should be filed in the application docket, Docket OST-2002-13861 and served on all parties to the application. To the extent that the carriers deem it necessary, they may seek confidential treatment of the information as set forth in the Department's regulations.  Upon our determination that the application is complete, we will establish a procedural schedule for comments and such other responsive pleadings as may be necessary to act on this application.

By:  Paul Gretch and Randall Bennett

Index


American Airlines, Inc. / American Airlines, Inc. and Japan Airlines Co., Ltd.

OST-99-4994
Undocketed
January 16, 2003 Notice of American Airlines Exemption - US-Japan Beyond Codesharing with JAL / Statements of Authorization (Reciprocal Codesharing)

Hereby gives notice that American will display the "JL*" designator code of Japan Airlines Co., Ltd. on flights operated by American between Los Angeles and Tokyo, effective April 1, 2003.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

Index


Antonov Design Bureau

OST-03-14288 Filed January 15, 2003
Issued January 16, 2003
Notice of Action Taken Washington-Khartoum, Sudan; Karachi, Pakistan; Kabul, Afghanistan

Statement of authorization under 14 CFR Part 212 of the Departments rules to the extent necessary to permit Antonov Design Bureau (Antonov) to operate one one-way fifth-freedom cargo charter flight with AN-124 aircraft over the routing Washington, D.C. (Dulles)-Khartoum, Sudan-Karachi, Pakistan-Kabul, Afghanistan, departing Washington on January 16, 2003.

By: Read Van de Water

Index


Cayman Airways Limited

OST-03-14296 January 16, 2003 Application for a Foreign Air Carrier Permit Cayman Islands - US
    Cross Index  
    CAL 301: Description of Services  
    401.1: Designation by UK  
    401.2: Designation by UK  
    401.3: Designation by UK  
    401.4: Designation by UK  
    401.5: Designation by UK  
    CAL 501.1: Total Traffic and Financial Results of Proposed Services for a Year of Normal Operations  
    CAL 501.2: Supporting Data Used to Calculate Financial Forecasts  
    CAL 601.1: Operating Authority  
    CAL 701.1: Statement of Cayman Airways' Official Concerning Financial Summaries for Fiscal Year Ending December 31, 2001 and 2002  
    CAL 701.2: Copy of Pricewaterhousecoopers Statement Fiscal Year Ending December 31, 2000  
    CAL 701.3: Copy of Pricewaterhousecoopers Statement Fiscal Year Ending December 31, 2001  
    CAL 901.1: The Policy of the Government of the United Kingdom and the Cayman Islands Government with Respect to US charter and Scheduled Flights  
    Exhibit 1001: Family Assistance Plan  
    Exhibit 1101: List of the Board of Directors and Other Officers  
    Exhibit 1501: Affidavit  
    Exhibit 1601: Certificate of Service  

Hereby applies for amendment of its foreign air carrier permit so as to authorize CAL to serve an additional U.S. point, Ft. Lauderdale, Florida.

Counsel: Richard Littell, 202 466-8260

OST-03-14297 January 16, 2003 Application for Temporary Exemption Cayman Islands and Ft. Lauderdale, FL
    Service List  

Application of Cayman Airways Limited pursuant to 49 USC Sections 1301 and 1386, requesting a Temporary Exemption authorizing Cayman Airways to engage in scheduled air transportation between the Cayman Islands and Ft. Lauderdale, Florida. Applicant requests that this authorization be issued no latter than January 29, 2003, so that Cayman Airways may begin advertising the new service.

Counsel: Richard Littell, 202 466-8260

Index


Central Mountain Air Ltd.

OST-97-3159 Filed December 13, 2002
Issued January 16, 2003
Notice of Action Taken Calgary/Alberta-Spokane

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct, using small equipment (see below), scheduled, combination service between Calgary, Canada, and Spokane, Washington, and an exemption from 49 USC section 41301 and a Statement of Authorization under 14 CFR Part 212 to the extent necessary to wet lease small equipment to Air Canada for the operation of Air Canada's services in that market.

By: Paul Gretch

Index


Consorcio Aviaxsa S.A. de C.V.

OST-00-6745 Filed May 29, 2002
Issued January 16, 2003
Notice of Action Taken Mexico-US

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between Monterrey, Mexico, and Los Angeles, California.

By: Paul Gretch

Index


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

OST-96-1960 January 5, 2003
Docketed January 16, 2003
Re: Family Assistance Plan Aviaiton Disaster Family Assistance Act of 1996

Counsel: Luis Irizarry, 787 752-7621

Index


Essential Air Service at Augusta/Waterville, Bar Harbor, Rockland, Maine, Keene, New Hampshire and Rutland, Vermont

Order 03-1-11
OST-97-2784
Issued January 15, 2003
Served January 21, 2003
Order Setting Interim Subsidy Rates

Word Document

Essential Air Service at Augusta/Waterville, Bar Harbor, Rockland, Maine, Keene, New Hampshire and Rutland, Vermont

By Order 2002-3-27, March 28, 2002, the Department established final subsidy rates for Colgan's ongoing essential air services at Augusta/Waterville, Bar Harbor and Rockland, Maine, and Rutland, Vermont, through December 31, 2002. Those rates have expired without our having established new rates as yet. Consequently, it is necessary for us to extend the expired rates as interim rates, subject to retroactive adjustment, in order to ensure that Colgan will continued to be paid for its services until the we can establish new final rates retroactive to January 1, 2003. The new final rates may be higher, lower or the same as the interim rates we are extending here.

By: Randall Bennett

Index


Essential Air Service at Kirksville, Missouri and Marion, Illinois

Order 03-1-13
OST-97-2515
OST-00-7881
Issued and Served January 16, 2003 Order Setting Interim Subsidy Rates

Word Document

Essential Air Service at Kirksville, Missouri and Marion, Illinois

By Order 2000-12-22, December 29, 2000, Corporate was selected to provide subsidized EAS at Marion, Illinois, for the two-year period through November 29, 2002. Similarily, by Order 2000-10-33, October 27, 2000, Corporate was selected to provide subsidized EAS at Kirksville, Missouri, for the two-year period through December 5, 2002. Those rates have expired without our having established new rates. Consequently, it is necessary for us to extend the expired rates as interim rates, subject to retroactive adjustment, in order to ensure that Corporate will continued to be paid for its services until we can establish new final rates retroactive to November 30, 2002, in the case of Marion, and retroactive to December 6, 2002, in the case of Kirksville. The new final rates may be higher, lower or the same as the interim rates we are extending here.

By: Randall Bennett

Index


2002 Hong Kong Fifth Freedom All-Cargo Proceeding

OST-02-14049 January 16, 2003 Notice Staying Procedural Dates 2002 Hong Kong Fifth Freedom All-Cargo Proceeding

By Order 2002-12-11, the Department instituted the 2002/2003 Hong Kong Fifth-Freedom All-Cargo Frequency Proceeding, Docket OST-2002-14049, and established a procedural schedule for the proceeding. In response to a request from a number of the applicants for additional time, the Department extended the original procedural schedule by a Notice, served on December 23, 2002. Under the revised procedural schedule Direct Exhibits are due January 28, 2003; Rebuttal Exhibits, February 14, 2003; and Briefs, February 28, 2003. 

Various applicants in the proceeding have filed petitions and motions whose resolution would affect the parties’ evidentiary submissions in this proceeding. We anticipate that the matters raised by these petitions and motions will be resolved soon. However, in the circumstances presented, we have concluded that pending such resolution, parties should not be burdened with the need to complete and submit their evidentiary materials. Therefore, we are staying the remaining procedural schedule for this proceeding until further notice.

By: Susan McDermott

Index


International Air Transport Association

OST-02-14124 January 16, 2003 Technical Correction Approval of Agreements

PTC COMP 0999 corrects PTC COMP 0983 dated November 2002 - Mail Vote 256.

By: David O'Connor

OST-03-14298 January 16, 2003 Application for Approval of Agreements Approval of Agreements

By: David O'Connor

Index


Linea Aerea Puertorriquena, Inc.

OST-02-11658 January 14, 2003 Re:  Third Information Request Certificate of Public Convenience and Necessity to Engage in Interstate Charter Air Transportation of Persons, Property, and Mail.  

As we have previously stated, we believe that LAP may have underestimated both its pre-operating and first year expenses. However, given the detailed explanations provided, together with LAP's revised forecasts, we may accept these forecasts as reasonable for the operations proposed. Should we do so, however, any authority that may be issued to LAP will be restricted to a single B727 aircraft and may also be further restricted to a limit on flight hours or markets.

By:  Air Carrier Fitness, Janet Davis

Index


Northwest Airlines, Inc.

OST-01-8922 Filed December 23, 2002
Issued January 15, 2003
Notice of Action Taken US-Philippines Route 2

Renew for two years allocation of one weekly round-trip U.S. Philippine Route 2 frequency to: Provide all-cargo service in the U.S: Manila market. Northwest states that it uses the frequency to serve the U.S.-Manila market via Tokyo.

By: Paul Gretch

OST-01-8922 Filed December 23, 2002
Issued January 15, 2003
Corrected Notice of Action Taken US-Philippines Route 2

Corrects previous Notice of Action Taken dated January 15, 2001, to reflect the correct Docket Number of OST-2001-8922

By: Paul Gretch

Index


United Air Lines, Inc. and Asiana Airlines

OST-02-13320 January 16, 2003 30-Day Notice Blanket Statements of Authorization - US-Korea Codeshare

The Department is hereby given notice that Asiana's "OZ" designator code will be placed on flights operated by United:  between San Francisco (SFO) and Seoul (ICN)

Counsel:  Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com

Index


US Airways, Inc.

OST-03-14303 January 16, 2003 Application for an Exemption US-Hong Kong Codeshare with United Air Lines
    Service List  

Hereby applies for a two-year exemption and, to the extent necessary, a designation in order to engage in scheduled foreign air transportation of persons, property and mail from a point or points in the United States to Hong Kong. US Airways plans to serve Hong Kong from the United States pursuant to its codeshare agreement with United Air Lines, initially by placing its "US" designator code on United's nonstop flights between Chicago (O'Hare) and San Francisco, on the one hand, and Hong Kong, on the other

Counsel:  US Airways and O'Melveny Myers, Joel Burton, 202 383-5300

OST-03-14304 January 16, 2003 Application for an Exemption US-Japan Codeshare with United Air Lines
    Service List  

Hereby applies for a two-year exemption and, to the extent necessary, a designation in order to engage in scheduled foreign air transportation of persons, property and mail from a point or points in the United States to a point or points in Japan. US Airways plans to serve Japan from the United States pursuant to its codeshare agreement with United Air Lines.  

US Airways plans to codeshare on scheduled United services between the United States and Japan. Initially, US Airways plans to codeshare on United services between Chicago, Los Angeles, Seattle, San Francisco, New York (JFK), and Honolulu, on the one hand, and Tokyo (NRT), on the other hand. In addition, US Airways plans to codeshare on United services between San Francisco and Osaka (KIX). US Airways may, in the future, codeshare on other U.S.-Japan services by United as opportunities present themselves, subject to limitations in the U.S.-Japan agreement and the 1998 MOU. Accordingly, US Airways seeks broad "all points" authority in order to obviate the need to file another application (requiring additional time and Department resources) in the future should additional U.S.-Japan codeshare services be warranted.  The United States-Japan Air Services Agreement, including the 1998 MOU, governs aviation relations between the United States and Japan.

Counsel:  US Airways and O'Melveny Myers, Joel Burton, 202 383-5300

OST-00-7924 January 16, 2003 Application for an Amended Exemption US-Belgium Codeshare with United Air Lines
    Service List  

Hereby applies to amend an exemption from 49 U.S.C. § 41101 (and, to the extent necessary, a designation) in order to authorize US Airways to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, on the one hand, and a point or points in Belgium, and points beyond, on the other. With the amended authority, US Airways plans to offer initially Washington, D.C. (Dulles)­Brussels services, pursuant to its code-share agreement with United Air Lines, a certificated U.S. carrier.

Counsel:  US Airways and O'Melveny Myers, Joel Burton, 202 383-5300

OST-97-3179 January 16, 2003 Application for an Amended Exemption US-Netherlands Codeshare with United Air Lines
    Service List  

Hereby applies to amend an exemption from 49 U.S.C. § 41101 (and, to the extent necessary, a designation) in order to authorize US Airways to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, on the one hand, and a point or points in the Netherlands, and points beyond, on the other. With the amended authority, US Airways plans to offer initially Chicago (ORD)-Amsterdam and Washington, D.C. (Dulles)-Amsterdam services, pursuant to its code-share agreement with United Air Lines, a certificated U.S. carrier.

Counsel:  US Airways and O'Melveny Myers, Joel Burton, 202 383-5300

Index


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