Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day

Last Updated 02/19/03 01:34 PM

Applications and Renewals: 

America West - Phoenix-Cancun

American - Miami-Medellin, Colombia Temporary Waiver

American Trans Air - Chicago/Midway-Zihuatanejo, Mexico

EAS at Bradford, PA - Termination of Service by Air Midwest

Evergreen - Waiver of Dormancy - US-Thailand

Helijet - Canadian Taxi Renewal

Kalitta & Reliant - Transfer of a Certificate of Public Convenience / Motion for Confidential Treatment

Mexicana - Supplement to Mexico-Austin Codeshare with Aerocaribe

Answers and Replies: 

IATA - High Tech Air Freight Shippers Coalition Request for Extension

MidAtlantic Freight - Information Request

Victory Air Transport - Information Requests (From 12/27/02 and 2/13/03)

Notices of Action Taken:

IATA - Notice of Approval

PrivatAir - Codeshare with United (Dusseldorf-Newark) / Wet-Lease for Lufthansa

Notices and Orders:

Boston-Maine - Consent Order

America West Airlines, Inc.

Hereby requests an exemption from 49 U.S.C. § 41101 and from any other statute or Department regulation necessary to authorize it to conduct scheduled combination service on a daily basis between Phoenix, Arizona and Cancun, Mexico. As America West plans to start marketing the service on February 28, 2003, and commence operations on June 1, 2003, it requests the exemption be granted effective immediately to allow the Company to pursue marketing and sales activities. America West further requests that the exemption authority be consolidated and run concurrently with exemption authority it already holds to operate service to various points in Mexico.  America West plans to provide daily service using A319/320 or similar aircraft.

America West requests that the PHX-CUN exemption authority be consolidated in Docket No. OST-95-736 and run concurrently with that exemption through October 29, 2004.

Counsel: Joanne Young, 202-861-1532

Index

American Airlines, Inc.

American Airlines, Inc. hereby applies for a tempo­rary waiver of the dormancy condition applicable to two of its Miami-Medellin frequencies from April 16, 2003 to June 14, 2003. On January 16, 2003, American temporarily reduced its nonstop service between Miami and Medellin from daily to five days a week. Accordingly, the 90-day dormancy period for two frequencies would expire on April 16, 2003, absent the relief requested herein.  American plans to resume daily nonstop Miami-Medellin service on June 14, 2003. In these circumstances, where the requested extension of the dormancy period is temporary (a period of two months), and American has firm plans to resume daily service, the Department should grant the relief sought.  See Order 2001-5-26

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

Index

American Trans Air, Inc.

Hereby requests an exemption from 49 U.S.C. 41101 and from any regulations of the Department to the extent necessary to permit ATA to engage in the scheduled foreign air transportation of persons, property and mail between Chicago (Midway Airport), Illinois, and Zihuatanejo, Mexico. ATA requests that this exemption be granted for a two-year period. ATA intends to commence seasonal service on this route on or about December 13, 2003, and will operate flights through April 30, 2004.

ATA plans to commence nonstop weekly scheduled flights between Chicago/Midway and Zihuatanejo in December 2003. Flights are tentatively planned to operate on Saturdays on a seasonal basis (e.g., December-April). All operations will be conducted with B737-800 aircraft.

Counsel: ATA, Brian Hunt, 317-240-7006

Index

Boston-Maine Airways Corp.

Order 2003-2-13, the Department (1) approves this settlement and the provisions of the order as being in the public interest, (2) finds that by engaging in the conduct described, Boston-Maine Airways Corp. d/b/a Pan Am Clipper Connection engaged in an unfair and deceptive practice and an unfair method of competition in violation of 49 U.S.C. Section 41712; and, (3) Boston-Maine Airways Corp. d/b/a Pan Am Clipper Connection is ordered to cease and desist from further similar violations of 49 U.S.C. Section 41712.  Until recently, all of the schedule listings in the Official Airline Guide (OAG) for Boston­Maine's operations were offered under the "PN" code of Pan American Airways Corp. Although Boston-Maine and Pan Am are affiliated air carriers, they are separate companies that do not have a code-share arrangement. While Boston-Maine was authorized by the Department to hold itself out under the trade name "Pan Am Clipper Connection," it was not authorized to hold itself out under the name "Pan Am" or to use Pan Am's "PN" code.  Furthermore, although Boston-Maine and Pan Am maintained separate websites, all reservations for both carrier's flights were made on the Pan Am website. Passengers using the Boston-Maine website to book a flight were automatically linked to the Pan Am website without any notice being given to the passenger that the booking was being made on the Pan Am website.

Both the Enforcement Office and Boston-Maine, in order to avoid litigation and without Boston-Maine's admitting or denying the alleged violations, agree to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 similar to those described above, and to the assessment of $40,000 in compromise of potential civil penalties. Of this penalty amount, $20,000 shall be paid according to the schedule set out in the ordering paragraphs infra; the remaining $20,000 shall be suspended for one year following the service date of this order.

By:  Rosalind Knapp

Index

Compania Mexicana de Aviacion, S.A. de C.V.

Compania Mexicana de Aviacion, S.A. de C.V hereby submits this supplement to its pending application in Docket OST-03-14506.  Attached to this supplement are copies of official internal Mexican Government communication in which the Direccion General de Aeronautica Civil requests that the Ministry of Foreign Relation notify the United States Government of Mexicana's designation under the U.S. - Mexico bilateral to serve Mexico City/Puerto Vallarta - Austin pursuant to a codeshare arrangement with Aerovias Caribe, S.A. de C.V.  Mexicana will serve these markets by placing its two-letter designator code on flights operated by Aerocaribe.

Counsel:  Squire Sanders, Robert Papkin, 202-626-6840

Index

Essential Air Service at Bradford, Pennsylvania / Air Midwest, Inc.

Order 83-3-15 set forth the essential air service determination at Bradford, Pennsylvania to require two nonstop roundtrips each weekday and each weekend to Pittsburgh, Pennsylvania. Air Midwest is currently operating two daily weekday and one daily weekend roundtrips to Pittsburgh, Pennsylvania using Beech 1900D aircraft. The termination of service by Air Midwest will reduce air transportation at Bradford, Pennsylvania to a level below the essential air service determination set forth in Order 83-3-15.

By:  Air Midwest Scott Lyon

Index

Evergreen International Airlines, Inc. 

Evergreen International Airlines, Inc. respectfully applies for renewal through March 31, 2004, of its waiver of the 90-day dormancy condition applicable to its allocation of one weekly all-cargo frequency between the U.S. and Thailand.  The frequency was allocated by Notice of Action Taken dated February 7, 2001.  In support of this request Evergreen submits the following.

As a result of the events of September 11, 2001, the Department issued Order 2001-11-15, in which it granted a blanket waiver from dormancy conditions applicable to restricted international route authorities.  The waiver was effective through March 31, 2002, and applied to the Thailand frequency held by Evergreen, which Evergreen had operated prior to September 11, 2001.  The events of September 11, and the subsequent economic downturn dictated that Evergreen apply for a further dormancy waiver, and it did so on February 22, 2002, which request was granted through March 31, 2003.  Notice of Action Taken, dated March 31, 2002.

At the time of its previous request for an extension of the dormancy waiver, Evergreen anticipated that economic conditions would improve and that it could resume service in the U.S.-Thailand market prior to the expiration of the dormancy waiver. However, conditions clearly have not improved and Evergreen simply is not in a position to resume service on an economic basis in the foreseeable future. Nevertheless, Evergreen remains committed to resuming service when warranted by traffic demands and extension of the present waiver will enable Evergreen to accomplish that goal in an orderly and efficient manner.

Counsel: Piper Rudnick LLP, William Evans, 202-371-6030

Index

Helijet Airways Inc.

When the Department first granted Helijet's exemption authority, it determined that grant of the authority requested was consistent with the U.S.-Canada Air Transport Agreement and that Helijet was operationally and financially qualified and properly licensed to conduct the service for which authority was requested. In addition to its current rotorcraft operations, Helijet may begin fixed wing operations in the future. Helijet continues to be fit, willing and able to provide the services for which it requests renewed authority. Helijet's Canadian authority to engage in transborder charter services remains in full force and effect, as does its U.S. authority pursuant to its Part 129 Operations Specifications from the Federal Aviation Administration. Other than as above described, the relevant circumstances under which Helijet received its grant of exemption authority are unchanged.

Counsel:  Boros & Garofalo, John Copley, 202-822-9070

Index

International Air Transport Assosciation

IATA's proposal would directly affect the pricing of airfreight by establishing a new methodology by which low-density freight is assigned an imputed weight. The proposal would impose a serious economic burden on high tech and many other sectors of the US economy that are dependent on airfreight services. Recognizing this burden, and the overall impact this proposal will have on a struggling US economy, we believe it is important that DOT’s consideration of this matter be deliberate and comprehensive.

By: Stephen Harper

By: Paul Gretch

Index

Kalitta Charters II, LLC. and Reliant Airlines, Inc. 

Reliant Airlines, Inc. ceased operations in March of 2002, following the seizure of it's aircraft and many of it's assets by Bank One, NA. Mr. Douglas Kalitta agreed to purchase certain corporate assets from Reliant Airlines, Inc., subject to the ability of Reliant to transfer the FAA 121 and DOT certificates and authorities to Kalitta Charters II, LLC., a company whose stock is owned 100% by Kalitta Charters, LLC.

When Reliant ceased operations it was operating four DC-9-15 freighter aircraft under Part 121 among other aircraft. Three of these aircraft were sold at auction by the bank and are currently operating Part 125. The fourth aircraft was acquired by Kalitta Leasing, and will be leased to Kalitta Charters II, LLC to begin operations. The intent of Kalitta Charters II is to begin operations with one aircraft, and expand to 4 aircraft within 12 to 18 months. This transfer is not reducing or increasing competition, but merely restoring the status quo. Refusal to transfer this certificate would mean the demise of an all cargo Part 1 -'1 carrier and it's certificate will be revoked for dormancy. This revocation would not be in the best interest of the air cargo industry or the public.

International air commerce can only be benefited by this transfer. Although DC-9 aircraft will not, efficiently, operate to Europe or other long range markets, they will operate on a charter basis between the U.S., Mexico, Canada, and Central America. This hill enhance the ability of the U.S. air cargo industry to efficiently move 5,000 to 15,000 pounds cargo shipments between the U.S.. Mexico, Canada, and Central America.

By: Tom Warner, 734-544-3400 ext. 7349

Index

Mid-Atlantic Freight, Inc.

We have completed an initial review of the application filed by Mid-Atlantic Freight Inc. requesting authority to provide scheduled passenger services as a commuter air carrier. This review has revealed the following areas where additional and/or clarifying information is needed.

MAF projects that it will carry approximately four passengers on each leg of its proposed Manteo-Pine Island-Norfolk flight. Please elaborate on the basis for this assumption.

By:  Air Carrier Fitness, Delores King

Index

PrivatAir, S.A.

Application of PrivatAir S.A. filed January 23, 2003, to display United Air Lines' code on flights operated by PrivatAir on a wet-lease basis for Lufthansa German Airlines

By:  Paul Gretch

Index

Victory Air Transport, Inc.

By:  Air Carrier Fitness, Delores King

By:  Air Carrier Fitness, Delores King

Index

Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day