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Last Updated 02/06/03 07:13 PM

Applications and Renewals: 

ACES - Amendment to Renewal (Colombia-US)

Air Georgian - Amendment to Canada-US Codeshare for Air Canada

American - US-India Codeshare with Swiss Renewal

AVIANCA - Removal of Charter Restriction (Colombia-US)

IsrAir - Supplement to Application (Israel-US Passenger Charters)

KLM Cityhopper - Supplement No. 1 (Codeshare w/ Continental & Northwest)

PrivatAir - Switzerland-US Charter Renewal

Swiss and American - Codeshare Notice

Answers and Replies: 

Intra-Alaska Bush Service Mail Rates - Correspondence from USPS

Notices of Action Taken:

Aerovitro - Mexican Taxi Renewal

Vega - Bulgaria-US Cargo Charters

Notices and Orders:

EAS at Lancaster, PA - Allowing Colgan to Suspend Service

EAS at Worcester, MA - Allowing Suspension of Service

Florida Coastal - Erratum (Commuter Authority)

Pan American - Resume Certificated Operations

VARIG - Consent Order

Aerolineas Centrales de Colombia, S.A. (ACES)

Hereby amends its application in the above-referenced docket which requests renewal of exemption authority to conduct scheduled air transportation between Miami, Florida, on the one hand. and Barranquilla and Cartegena, Colombia, on the other. While this application has been pending, the Department in a separate docket has granted to ACES exemption authority between Miami and Cartegena. (Notice of Action Taken, March 14, 2002, Docket OST-2002-11739) Therefore, ACES amends its earlier application to eliminate as redundant the request therein to renew its authority with respect to Cartegena.

Counsel:  Zuckert Scoutt, Richard Mathias, 202-298-8660

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Aerovias Nacioanles de Colombia, S.A. (AVIANCA)

Requests that the Department remove the requirement to obtain prior approval of charter flights to or from the United States, a restriction imposed on AVIANCA's foreign air carrier permit authority in 1981 by the Civil Aeronautics Board. (Order 81-5-44, May 8, 1981, CAB Docket 37851) In that proceeding, the CAB imposed a restriction on the foreign air carriers of eleven countries, including Colombia, requiring them to obtain prior Board approval of Third and Fourth Freedom charter flights. Because the basis for that action, the lack of adequate charter reciprocity, no longer exists with respect to Colombia, and the restriction imposes unnecessary operating and regulatory burdens on AVIANCA, the requirement to obtain prior approval for such charter flights should be removed.

Counsel:  Zuckert Scoutt, Richard Mathias, 202-298-8660

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Aerovitro, S.A. de C.V.

By:  Paul Gretch

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Air Georgian Ltd.

Air Georgian, a Canadian carrier, hereby requests authorization to code share with Air Canada (AC) on scheduled flights between Toronto, Canada and the U.S. co-terminal point of White Plains, New York.  Air Georgian proposes to add this market to the other U.S. markets it services under its code share arrangement, and states that it continues to be qualified to conduct code sharing operations to and from the United States.

Counsel:  L. Harvey Poe, 202-337-3080

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American Airlines, Inc.

Hereby applies for renewal of its exemption, granted by Notice of Action Taken in this docket on February 17, 2001, to engage in foreign air transportation of persons, property, and mail between points in the United States and points in India, via Zurich. American uses this authority to place the "AA*" code on flights operated by Swiss International Air Lines Ltd. d/b/a Swiss between Zurich and India, connecting to transatlantic flights operated by American and Swiss between Zurich and the United States.

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

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Essential Air Service at Lancaster, Pennsylvania

We will allow Colgan to suspend its service to Lancaster at the end of the 90-day notice period. Based on our earlier findings, Lancaster is not eligible for subsidy; thus, we cannot require Colgan to maintain service at the community. The only question, therefore, is whether to allow Colgan to suspend service early. As a general matter, we normally require carriers to maintain service at eligible communities until the end of the notice period, unless the community does not object to such termination. In this case, the community of Lancaster has submitted such an objection. Therefore, we will not allow Colgan to suspend its service before the end of the 90-day period. Colgan filed its notice on December 23, 2002. Day-one of the notice period is the next day, December 24, 2002, and the ninetieth day is March 23, 2003. We will require Colgan to provide service through March 23, 2003.

By:  Read C. Van de Water

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Essential Air Service at Worcester, Massachusetts / Allegheny Airlines

We will allow Allegheny to suspend service at Worcester as of February 23, since the community is amenable to Allegheny's early suspension of service on that date. We could not require Allegheny to maintain service at Worcester beyond the end of the 90-day notice per.od in any event. We are statutorily prohibited from paying subsidy to support essential air service at communities that do not meet certain eligibility criteria, including communities located within 70 highway miles of a large or medium hub.

By:  Read C. Van de Water

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Florida Coastal Airlines, Inc.

By Order 2003-1-15, issued January 17, 2003, we confirmed our oral action of January 7, 2003, making the commuter air carrier authority issued to Florida Coastal Airlines, Inc. (Florida Coastal) effective on that date, and reissued to the carrier its authority to engage in scheduled passenger service as a commuter air carrier to reflect its effective date.

By:  Randall Bennett

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Intra-Alaska Bush Service Mail Rates

As discussed at the recent meetings in Anchorage and Fairbanks, attached is a survey that we would like for you to complete and return. Our goal is to collect sufficient information to most effectively build a Web interface between your company and the Postal Service. This interface is critical to the successful transition in November 2003 to the requirements of the new statute.

By:  USPS, J. Michael Krop

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IsrAir Airlines and Tourism Ltd.

Israir Airlines and Tourism Ltd. hereby submits a copy in Hebrew with an English translation of its current Commercial Operation License issued by the Ministry of Transport, Government of Israel. This document is referred to as Exhibit C in its previously filed Application.

Counsel:  Stephen Gelband, 202-337-8970, slg@gelbandlaw.com

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KLM Cityhopper B.V.

Hereby submits this supplement to its pending application in Docket OST-2003-14397. In addition to the routes identified in Exhibit B to Cityhopper s application, Cityhopper will begin codeshare service with Northwest Airlines, Inc. between Amsterdam, The Netherlands, and Trondheim, Norway, on March 30, 2003. Cityhopper understands Northwest already holds underlying authority permitting it to serve Norway.

Cityhopper's pending application in this docket requests a blanket exemption and statement of authorization permitting it to engage in codeshare operations with Northwest between The Netherlands and third countries (as well as a blanket exemption permitting codesharing with Continental Airlines, Inc. between The Netherlands and third countries). Cityhopper is submitting this supplement to satisfy any prior notification requirement the Department might attach to its approval of Cityhopper's blanket statement of authorization.

Cityhopper will also begin codeshare service on this route with Continental on March 30, 2003. Continental and Cityhopper are submitting notice of their Amsterdam-Trondheim codeshare service separately in Docket OST-2001-10880.

Counsel:  Squire Sanders, Robert Papkin, 202-626-6600

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Pan American Airways Corp.

On January 22, 2003, Pan Am requested a waiver from the 45-day notice provisions of section 204.7 and filed the information we required to redetermine its fittness to recommence operations. In support of its request, Pan Am noted that it planned to resume scheduled passenger operations in early February (with its first schedule. flight to be operated on February 9 between Portsmouth, New Hampshire, and Sanford, Florida). Further, Pan Am noted that it would conduct these resumed operations initially using only two of its seven B727 aircraft and, throughout the remainder of 2003, it would gradually expand its scheduled operations to utilize six of its aircraft.

Pan Am indicated that all of its B727 aircraft would remain available for service, including ad hoc charter flights, during the year. By December 2003, Pan Am forecasts that it will be operating scheduled service in five domestic city-pair markets and two foreign city-pair markets.

By:  Randall Bennett

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PrivatAir S.A.

PrivatAir currently holds an exemption to provide (i) charter foreign air transportation of persons, property and mail between any point or points in Switzerland and any point or points in the United States, either directly or via intermediate points, with or without stopovers, and beyond and (ii) any other charters pursuant to 14 C.F.R. Part 212 of the Department's regulations. Notice of Action Taken (February 28, 2001). PrivatAir's existing exemption to serve the U.S. expires on February 28. PrivatAir requests renewal of its U.S. exemption authority for a two-year period, until February 28, 2005.

Counsel:  Zuckert Scoutt, Malcolm Benge, 202-298-8660

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Swiss International Air Lines, Ltd. d/b/a Swiss and American Airlines, Inc.

Swiss will display American's "AA" designator code on flights operated by Swiss between Zurich (ZRH) and Skopje, Macedonia (SKP). American has filed an application for exemption authority for U.S.-Yugoslavia/Macedonia service which is pending.

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

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Vega Airlines Ltd.

On December 23, 2002, Vega applied for an exemption from 49 U.S.C. 41301 in Docket OST-2002-14162 to conduct charter foreign air transportation of property and mail between Bulgaria and the United States, and other all­cargo charters pursuant to 14 CFR 212 of the Department's regulations. It also requested a statement of authorization pursuant to 14 CFR 212 of the Department's regulations to conduct one one-way all-cargo charter flight between Toulouse, France, and Charlotte, NC, December 25-26, 2002, on behalf of Airbus Industries. We received no answers to either application. On December 24, 2002, based on the Federal Aviation Administration's recommendation, we granted the exemption to the extent it would enable Vega to conduct the Toulouse-Charlotte flight, and approved the statement of authorization (see Notice of Action Taken dated December 24, 2002, in Docket OST-2002-14162).

On February 4, 2003, Vega applied for a statement of authorization pursuant to 14 CFR 212 of the Department's regulations to conduct one one-way all-cargo charter flight between Vaasa, Finland, and Detroit, MI, February 6-7, 2003, on behalf of Norwegian Cruise Lines.

By:  Paul Gretch

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Viacao Aerea Rio-Grandense, S.A. (VARIG)

Without admitting any violations, VARIG states in mitigation that it did not intend to violate any of the Department’s regulations concerning fare advertising. Rather, VARIG asserts that, because it had not undertaken a significant advertising campaign in the United States in many years, and had last made a comprehensive review of its website when it set it up in 2000, it had grown less familiar with the full fare advertising rule and was less focused on recent Department case precedent. VARIG states that, for the joint campaign with the Rio Convention and Visitors’ Bureau and the various tour operators, it, along with other advertisers, relied on an experienced advertising agency that held itself out as a specialist in travel advertising.

VARIG consents to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 and 14 CFR 399.84 and to the assessment of $20,000 in compromise of potential civil penalties otherwise assessable. Of this total penalty amount, $10,000 shall be paid under the terms described below.

By:  Rosalind Knapp

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