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Last Updated 02/04/03 06:52 PM

Applications and Renewals: 

Astral Aviation d/b/a Skyway Airlines - Name Change

CAL Cargo - Israel-US Renewal

China Eastern Airlines - China-US Codeshare with American Renewal

Midwest Express Airlines - Name Change

Answers and Replies: 

Atlas - Polling Letter for Brazil Dormancy

Lan Ecuador - Response of Lan Ecuador

Notices of Action Taken:

ACES/Avianca and Delta

Aeromexico - Mexico City-Orlando Renewal

Air Afrique/Air Namibia/Bellview/Midas/Pan Airlines/Servivensa/Sky Unlimited - Dismissing Applications

Asiana - Mail Codeshare with American (Korea-US)

Atlas - Brazil Dormancy

DHL - Kuwait via Brussels/Bahrain Codeshare Renewal

Far Eastern Transport - Taiwan-US

UPS - Route Integration Renewal

Notices and Orders:

EAS at IA, MN & SD Communities - Order Extending Service Obligation

Aerolane, Lineas Aereas Nacionales del Ecuador S.A. d/b/a Lan Ecuador / Linea Aerea Nacional Chile, S.A. (Lan Chile)

As stated in Lan Ecuador's January 29 reply, on January 28 the Consejo Nacional de Aviacion Civil of Ecuador, which is the agency to which such requests should be submitted. formally advised Lan Ecuador that neither Continental nor Northwest had submitted to the Consejo Nacional a request for authority to engage in codeshare operations and that Northwest holds no authority from the Consejo Nacional to provide scheduled service to Ecuador and has not submitted a request to the Consejo Nacional for any such authority. Of course, whether Continental has or has not submitted a proper request to the Ecuadorian Government is not an outcome-determinative matter. Of primary importance and relevance is the fact that Lan Ecuador's application for bilateral-based exemption authority and its request for waiver of the ownership and control requirements are fully consistent with Department precedent and policy and are in the public interest.

Counsel:  Zuckert Scoutt, Charles Simpson, 202 298-8660

Index

Aerolineas Centrales de Colombia, S.A. (ACES) and Aerovias Naconales de Colombia, S.A. (Avianca) / Delta Air Lines, Inc.

ACES requests an exemption from 49 U.S.C. 41301 to conduct foreign air transportation of persons, property and mail between currently authorized points in Colombia, via currently authorized U.S. gateways, to Atlanta, Boston, Chicago, Dallas/Ft. Worth, Denver, Houston, Los Angeles, Orlando, Philadelphia, Tampa and Washington, D.C., on a code-share basis only. 1

AVIANCA requests an exemption from 49 U.S.C. 41301 to conduct foreign air transportation of persons, property and mail between currently authorized points in Colombia, via currently authorized U.S. gateways, to Atlanta, Boston, Chicago, Dallas/Ft. Worth, Denver, Houston, Orlando, Philadelphia, Tampa and Washington, D.C., on a code-share basis only.

ACES is currently authorized to serve Bogota, Medellin, Cali, Cartagena, Barranquilla in Colombia, and Miami, San Juan and Ft. Lauderdale in the United States (see Order 94-3-28 and Dockets OST-96-1026, OST-2002-11739 and OST-2002-13660).

By:  Paul Gretch

Index

Aerovias de Mexico, S.A. de C.V.

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between Mexico City, Mexico, and Orlando, Florida.

By:  Paul Gretch

Index

Air Afrique / Air Namibia (Pty) Ltd. / Bellview Airlines Ltd. / Midas Commuter Airlines C.A. / Pan Airlines Cargo Ltd. / Servicios Avensa S.A. (Servivensa) / Sky Unlimited Ltd.

OST-95-350    Air Afrique, filed August 26, 1997. Renew exemption from 49 U.S.C. 41301 to serve Bamako, Mali, as an intermediate point. Information available to the Department indicates that the applicant has no plans to prosecute the application.

OST-2000-7280  / OST-2000-7281  Air Namibia (Pty) Ltd., filed April 21, 2000. Exemption from 49 U.S.C. 41301 and foreign air carrier permit purusant to 49 U.S.C. 41302 to conduct foreign air transportation between Namibia and the United States. Information available to the Department indicates that the applicant has no plans to prosecute the application.

OST-2000-6783 /  OST-2000-6784  Bellview Airlines Ltd., filed January 11, 2000. Exemption from 49 U.S.C. 41301 and foreign air carrier permit purusant to 49 U.S.C. 41302 to conduct foreign air transportation between Lagos, Nigeria and New York. Information available to the Department indicates that the applicant has no plans to prosecute the application.

OST-96-1238  /  49872   Midas Commuter Airlines, C.A., filed April 4, 1996 and November 4, 1994. Exemption from 49 U.S.C. 41301 and foreign air carrier permit pursuant to 49 U.S.C. 41302 to conduct foreign air transportation between Venezuela and the United States. Information available to the Department indicates that the applicant has no plans to prosecute the application.

OST-98-4434   Pan Airlines Cargo Ltd., filed September 9, 1998. Exemption from 49 U.S.C. 41301 to conduct foreign air transportation between Colombia and the United States. Information available to the Department indicates that the applicant has no plans to prosecute the application.

OST-96-992 / OST-96-998   Servicios Avensa S.A. (Servivensa), filed January 5, 1996 and January 14, 1997. Renew exemptions from 49 U.S.C. 41301 to conduct foreign air transportation between Venezuela and the United States. Information available to the Department indicates that the applicant has no plans to prosecute the application.

OST-99-6377  /   OST-99-6378     Sky Unlimited Ltd., filed October 18, 1999. Exemption from 49 U.S.C. 41301 and foreign air carrier permit pursuant to 49 U.S.C. 41302 to conduct foreign air transportation between Bahamas and the United States. Information available to the Department indicates that the applicant has no plans to prosecute the application.

By:  Paul Gretch

Index

Asiana Airlines, Inc.

By:  Paul Gretch

Index

Astral Aviation, Inc. d/b/a Skyway Airlines

Astral intends to change its corporate name to Skyway Airlines, Inc., which will be accomplished by an amendment to its certificate of incorporation effective March 1, 2003, and asks that this Application be granted prior to that time.  Astral is a wholly owned subsidiary of Midwest Express Airlines, Inc., which filed a separate application today requesting that its Certificate of Public Convenience and Necessity and exemption authority be reissued in its new corporate name, Midwest Airlines, Inc. Astral is a regional air carrier that provides service in connection with Midwest Express's mainline operations. Effective March 1, 2003 (the same date on which the Midwest Express name change will become effective), Astral will change its corporate name to Skyway Airlines, Inc. d/b/a Midwest Connect to conform its name to the new name of the mainline carrier with which it is affiliated. Astral intends to file with the State of Delaware the necessary amendments to its certificate of incorporation to effect the name change prior to this date.

Counsel:  Silverberg Goldman, Robert Silverberg, 202-944-3300

Index

Atlas Air, Inc.

On January 29, 2003, Atlas Air, Inc. applied for a three-month extension, through May 9, 2003, of its current waiver from the Department's dormancy condition for two U.S.-Brazil all-cargo frequencies. We have polled the carriers served with the application (American, Continental, Delta, United, FedEx, UPS, Amerijet, Evergreen and Gemini) and have been authorized to state that none objects to the Atlas request.

Counsel:  Atlas, Russell Pommer, 202-354-3843

Atlas requests a three-month extension through May 9, 2003, of its current waiver of the 90-day dormancy condition applicable to two of its ten US-Brazil all-cargo frequencies. By Notice of Action Taken, dated September 24, 2002, in this docket, the Department granted Atlas a dormancy waiver for four of its ten US-Brazil frequencies through November 9, 2002. Subsequently, by Notice of Action Taken, dated November 7, 2002, in this docket, the Department granted Atlas a further dormancy waiver for two of the ten US-Brazil frequencies through February 9, 2003.

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 these frequencies at issue here will have to be considered in light of the specific arguments offered and responses thereto.  Atlas’ waiver from the dormancy condition is effective through May 9, 2003. As to any frequency with which Atlas does not begin service by May 9, 2003, its allocation with respect to that frequency will expire automatically.

By:  Paul Gretch

Index

C.A.L. Cargo Airlines Limited

Hereby applies for renewal of its exemption from 49 U.S.C. § 41301 to provide scheduled foreign air transportation of property and mail between Tel Aviv, Israel and New York (JFK) and Chicago (O'Hare) via Luxembourg, with a technical stop in Gander, New Foundland.

Counsel:  Condon & Forsyth, Thomas Whalen, 202-289-0500

Index

China Eastern Airlines Corporation Limited

Hereby applies for renewal of its exemption authority to provide scheduled foreign air transportation between Beijing, and Shanghai, People's Republic of China and Los Angeles and beyond to Boston and Miami. China Eastern requests this authority so that it may continue to provide code share service with American Airlines, Inc. on this routing.

Counsel:  Condon & Forsyth, Thomas Whalen, 202-289-0500

Index

DHL Airways, Inc.

Scheduled foreign air transportation of property and mail between the United States and Kuwait. DHL Airways also requests renewal of authority to integrate its exemption here with its certificate authority for all-cargo service on Route 692.  DHL Airways intends to use this authority to operate service between New York and Kuwait via Brussels and Bahrain under code-share arrangements with Gemini Air Cargo and DHL International E.C.

By:  Paul Gretch

Index

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

By Order 2002-7-38, July 30, 2002, the Department set short-term final subsidy rates for Mesaba's hold-in service until further Department action. In addition to Mesaba, Corporate Airlines and Great Lakes Aviation have also submitted proposals, and we are in the process of preparing a final decision. However, these cases will not be completed before the end of the current 30-day hold-in period. Thus, in accordance with 49 U.S.C. 41734(c), we will extend Mesaba's service obligation at the four communities listed above for an additional 30 days, or until replacement service actually begins, whichever occurs first.

By:  Randall Bennett

Index

Far Eastern Air Transport Corporation

Renew exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail from points behind Taiwan, via Taiwan and intermediate points to points in the United States and beyond; charter foreign air transportation of persons, property and mail pursuant to the Air Transport Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office; and other charters pursuant to 14 CFR 212 of the Department's regulations.

By:  Paul Gretch

Index

Midwest Express Airlines, Inc.

Respectfully requests that the Department of Transportation reissue its Certificate of Public Convenience and Necessity and exemption authority in the name of Midwest Airlines, Inc. w th the temporary trade name Midwest Express Airlines. Midwest Express in-:ends to change its corporate name to Midwest Airlines, Inc., which will be accomplished an amendment to its articles of incorporation effective March 1, 2003

Counsel:  Silverberg Goldman, Robert Silverberg, 202-944-3300

Index

United Parcel Service Co.

Integrate its existing authority to provide scheduled foreign air transportation of property and mail under its certificates of public convenience and necessity for Route 665 (U.S. – Canada), Route 569 (various U.S points – Mexico), Route 581 (U.S. – Japan) and Route 557 (U.S. – various points worldwide) and under its currently held exemptions, and any certificate or exemption authority it may be granted in the future, so as to permit foreign air transportation services involving any points named on the above certificates and exemptions. UPS also requests to integrate its certificate authority on Route 790 (U.S.-Italy), Route 795 (U.S. –various Latin American points), and Route 797 (U.S.-China) with the above certificates and exemptions. UPS has requested the authority for an indefinite duration.

By:  Paul Gretch

Index

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