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Last Updated 02/13/03 09:11 PM

Applications and Renewals:

American and Iberia - Amended Statement of Authorization - Reciprocal Codesharing

Commander Mexicana - Mexican Taxi Renewal

EAS at Dubuque, IA - Mesaba Notice of Termination

Kalitta - US - Seoul/Dubai/Kuala Lumpur-Scheduled Cargo Supplement

Answers and Replies: 

Fine v. Peru - Notice of Withdrawal of Complaint

Notices of Action Taken:

None

Notices and Orders:

CRS - Extension of Expiration Date

EAS at Carlsbad and Hobbs, NM - Extending Service Obligation

EAS at Oshkosh, WI - Extending Service Obligation

American Airlines, Inc. & Iberia Lineas Aereas de Espana, S.A.

American Airlines and Iberia hereby apply for amendment of their statements of authorization to engage in reciprocal codesharing on flights between the United States and Spain, originally granted by an NOAT dated April 30, 1998. American and Iberia intend to commence the new services encompassed by this application on or about June 14, 2003.  The NOAT was subsequently confirmed by Order 98-12-6, December 7, 1998 and is of indefinite duration. The original joint application was filed on October 2,1997 as an undocketed matter and remains in that status.

American seeks amendment of its statement of authorization to enable it to place Iberia's "IB" code on flights of American that will operate between New York (JFK) and Barcelona. Iberia requests amended authority to place the "AA" code of American on Iberia flights that operate between Barcelona, on the one hand, and Malaga and Palma de Mallorca, Spain, on the other.

Service between New York and Barcelona by both designated U.S. and Spanish carriers is authorized by the 1991 Memorandum of Understanding between the United States and Spain. The U.S. route schedule in the MOU permits U.S. carriers to provide service between the United States, on the one hand, and Malaga and Palma de Mallorca, on the other. Both American and Iberia hold the necessary underlying route authority to provide the above services.2 The MOU also authorizes designated airlines of both sides to enter into cooperative marketing arrangements, such as codesharing, on "agreed routes."

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

Related Docket(s): OST-97-2965 | OST-97-2966 | OST-98-3626 | OST-98-3640 | OST-01-11037 | Undocketed  

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Commander Mexicana, S.A. de C.V.

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

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Computer Reservation Systems

The Department is proposing to amend its rules governing airline computer reservations systems (CRSs), 14 CFR part 255, by changing the rules' expiration date from March 31, 2003, to January 31, 2004. If we do not revise the expiration date, the rules will terminate on March 31, 2003. This proposed extension of the current rules would keep them in effect while we carry out our reexamination of the need for CRS regulations. We have tentatively concluded that most of the current rules should be maintained on a temporary basis because they may be necessary for promoting airline competition and protecting consumers, although the Department may determine in its reexamination that the need for most or all of the rules has ended. The Department has previously extended the rules from their original December 31, 1997, expiration date, most recently to March 31, 2003. DATES: Comments must be submitted on or before February 28, 2003. Late filed comments will be considered to the extent possible.

By: Thomas Ray, 202-366-4731

Redline - Pre-Publication Version from February 10th

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Essential Air Service at Carlsbad, New Mexico and Hobbs, New Mexico

Although we have received proposals, this case will not be completed before the end of the current hold-in period.  In accordance with 49 U.S.C. 41734, we will extend Air Midwest’s service obligation for an additional 30-day period, or until replacement service actually begins, whichever occurs first.

By:  Read C. Van de Water

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Essential Air Service at Dubuque, Iowa / Mesaba Aviation, Inc. d/b/a Mesaba Airlines

American Eagle Airlines, Inc., an American Airlines codeshare partner, currently offers two roundtrip flights each day and one roundtrip flight six days each week between Dubuque and Chicago, Illinois (ORD). All of these flights are on a non-stop basis. After Mesaba terminates service, Dubuque still will have service to a large hub airport.  The Department has determined that the level of essential air service for Dubuque is a minimum of two daily roundtrip flights to/from Chicago. The service to Chicago must be operated on a nonstop basis.  The effective date of this Notice is February 12, 2003. Objections to this Notice are due on or before 20 days from the date of this Notice, or by March 4, 2003.

By:  Mesaba, John Spanjers, spanjers@mesaba.com 

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Essential Air Service at Oshkosh, Wisconsin / Great Lakes Aviation, Inc.

By Order 99-10-6, October 6, 1999, the Department established an annual subsidy rate of $460,392 for Great Lakes’ hold-in service, until the Department takes further action.  In the meantime, the community is exploring other service options for Oshkosh.  We recently issued Order 2002-10-26, again requesting proposals for Oshkosh service.  In addition, the Department issued Order 2002-12-24, tentatively terminating the community’s subsidy eligibility because the subsidy per passenger exceeds the statutory ceiling of $200 per passenger and the community is less than 210 miles from the medium hum airport at Milwaukee.  The Department is reviewing objections from the community and an air carrier and will issue a final order soon.

By:  Read C. Van de Water

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Fine Airlines, Inc. v. The Government of The Republic of Peru

Fine Airlines, on September 27, 1995 filed a Complaint with the Department of Transportation, against the Government of Peru under 49 U.S.C. 41310.  Fine argued that the Government of Peru prohibited Fine from conducting air transportation to, from, or over the territory of Peru, and that the action warranted remedial action because it unreasonably and unjustifiably discriminated against a U.S. carrier and limited its access to a foreign market.

Fine Airlines has ceased doing business/no longer exists, having been merged with Arrow Air.  As legal successor to Fine Airlines, Arrow wishes to and hereby withdraws the abovementioned Petition of Fine Airlines for Clarification of the original Complaint.  There being no other outstanding issues or matters in this case, Arrow requests that this proceeding be closed that the Department take any other necessary or further action as it deems appropriate in its termination.

Counsel: Lawrence Wasko, 202-862-4370, ldwasko@erols.com

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Kalitta Air, L.L.C

On November 5, 2002 Kalitta Air, L.L.C. filed an application in this docket for exemption authority to provide schedule all-cargo service between the United States and Seoul, Korea; Dubai, United Arab Emirates; and Kuala Lumpur, Malaysia.  That application is still pending.  Kalitta Air hereby supplements that application to request that the authority granted pursuant thereto be integrated with all other route authority held by the carrier, whether by certificate or exemption.

Kalitta Air further requests that the Department act expeditiously on its request for this authority so that the carrier may begin the process of obtaining foreign route authority in the very near future. 

Counsel: Sher & Blackwell, Mark Atwood, 202-436-2513, matwood@sherblackwell.com

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