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Last Updated 01/26/03 12:45 PM

Applications and Renewals: 

IATA

Answers and Replies: 

AirTran - Answer of State of Maryland

Cayman Airways - Answer of Broward County Aviation Dept in Support

Cool Tours - Response to Information Request

Heck v Southwest Airlines - Answer of Southwest

Notices of Action Taken:

Alaska Airlines - Approval of Application (Codeshare with Lan Chile)

Amerijet - Turks & Caicos Renewal

Delta - US-Ghana Dormancy

Notices and Orders:

EAS at Central and Circle, AK - Order Setting Interim Subsidy Rate

AirTran Airways, Inc.

Maryland respectfully submits that AirTran's application is consistent with the public interest and should be granted for the following reasons. First, approval of the application would bring the first daily non-stop scheduled service to the BWI-Freeport market.  Second, the proposed services would greatly benefit passengers and shippers in this market. Specifically, U.S. travelers, the Baltimore community, and the greater Washington/Baltimore metropolitan area would all benefit from the proposed services. The proposed services would also benefit passengers connecting at BWI on flights to other U.S. cities, such as AirTran's flights to Boston and Rochester. Third, the proposed services would create more opportunities for expanded tourism, international trade and business, and jobs for Maryland.

Counsel: Preston Gates, Jonathan Blank, 202 628-1700

Index

Alaska Airlines, Inc.

By: Sylvia Moore

Index

Amerijet International, Inc.

Renew for two years exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of property and mail between Miami and Ft. Lauderdale, Florida, on the one hand, and the Turks and Caicos Islands, on the other.

By:  Paul Gretch

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Cayman Airways Limited

Prior to 1994, there was no service to the Caribbean from FLL. Since that time, there has been the addition of five (5) daily flights to San Juan and three (3) to Jamaica. Because of the large local population and FLL's strategic position in the center of the South Florida's Latin and Caribbean region, scheduled service to Grand Cayman represents a significant opportunity for expansion into this very important market.  The Department should approve Cayman Airways' application to operate on the route between Fort Lauderdale-Hollywood International Airport and Grand Cayman so as to provide continued competitive foreign air transportation to Fort Lauderdale-Hollywood International Airport and encourage economic growth in Broward County, as well as the United States.

By:  Steve Belleme

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

The only new information is the one that the chief pilot was replaced and that Electronic Manufacturing Services has entered in a business relationship with the company and has provided additional capital that surpasses the $100,000.00

Counsel: L.A. Irizarry, Luis Irizarry, 787 752-7621

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Delta Air Lines, Inc.

By Notice of Action Taken dated September 18, 2002, the Department granted Delta Air Lines four weekly frequencies to operate third-country code-share services in the U.S: Ghana market, pursuant to a code-share arrangement with Alitalia-Linee Aeree Italiane S.p.A, via Milan, Italy. The frequencies are subject to the condition that they wilt expire automatically and revert to the Department if they are not used for a period of 90 days. Under the terms of the Notice of Action Taken, Delta's frequency allocation would automatically expire if Delta does not begin service by January 24, 2003. Delta stated that implementation and facilitation issues have forestalled the introduction of new service, and, therefore, Delta seeks a waiver from the 90-day dormancy condition through June 1, 2003. Delta advises that it has polled all parties served and there were no objections to Delta's application.

As we have previously done, we reserve the right to reexamine whether grant of this waiver continues to be in the public interest should another carrier seek to use the frequencies at issue. Any future request to extend the dormancy waiver for the frequencies at issue here will have to be considered in light of the specific arguments offered and responses thereto.  Delta's waiver from the dormancy condition is effective through June 1, 2003, or until the date on which Delta begins service with each of these frequencies, whichever occurs earlier. As to any frequency with which Delta does not begin service by June 1, 2003, its frequency allocation with respect to that frequency expires automatically.

By: Paul Gretch

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Essential Air Service at Central and Circle, Alaska

Order 2003-1-25, the Department extends as an interim rate the recently expired subsidy rate for the essential air service (EAS) provided by Warbelow's Air Ventures, Inc., at Central and Circle, Alaska, until a new final rate can be established.

By: Randall Bennett

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International Air Transport Association

PTC23 EUR-SEA 0158 dated 17 December 2002 (Resolutions) PTC23 EUR-SEA 0159 dated 10 January 2003 (Technical correction) PTC23 EUR-SEA 0161 dated 21 January 2003 (Minutes) PTC23 EUR-SEA Fares 0039 dated 3 January 2003 TC23/TC123 Europe-South East Asia Agreement. Intended effective date 1 April 2003.

By:  David O'Connor

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Kyle Heck v. Southwest Airlines

As is detailed in the attached Declaration of Lisa Anderson, Southwest's Director of Customer Advocacy, the Department has been aware of Southwest's policy toward adult mentally disabled passengers for years, and has explicitly stated that Southwest's policy does not violate the Air Carrier Access Actor the Department's regulations in Part 382. On at least two occasions the Department has dismissed consumer complaints against Southwest in connection with this policy. In April 2002, the Assistant General Counsel for Aviation Enforcement and Proceedings dismissed a complaint involving Kirk Pflueger, a 43­year-old mentally retarded man. Kirk Pflueger's mother had sought to compel Southwest to transport Kirk under its Unaccompanied Minor program.

Counsel:  Southwest, Robert Kneisley, 202 682-4534

Index

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