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Last Updated 02/26/03 08:34 AM

Applications and Renewals: 

Aerodan - Mexican Taxi Renewal

Aeropycsa - Mexican Taxi Renewal

Aero Ray - Mexican Taxi Renewal

Birdy - Belgium-US Codeshare with American

Freedom - US-Canada

Republic - Certificate of Public Convenience/ Motion for Confidential Treatment

United - Mexico Codeshare for US Airways / Mexico Exemption Renewal

US Airways - Philadelphia-Grand Cayman Renewal / Charlotte/Philadelphia-Mexico City

Answers and Replies: 

Delta - Reply of Delta to Answers of American and Continental (Argentina/Brazil Dormancy Waiver) 

Hong Kong All-Cargo - Letters in Support of FedEx 

IATA -   Response to the High Tech Airfreight Shippers Coalition/ Replies from High-Tech Air Freight Shippers Coalition & Heath and Personal Care Logistics

Reagan Washington National Slots - Response of AirTran

Notices of Action Taken:

Aero Laguna - Mexico-US

Air India, Ansett, Sabena & Schreiner - Dismissing Applications

Servicios Aereos - US-Mexico

Transpais Aereo - US-Mexico

US Airways - US-Japan/ US-Hong Kong/ US-Brussels/ US-Amsterdam

West Jet - US - Canada

Notices and Orders:

Essential Air Service at Salina, KS - Extending Service Obligation

Essential Air Service at Staunton, VA - Extending Service Obligation

Midwest Express - Reissuance of Certificate - Name Change to Midwest Airlines

Aerodan, S.A. de C.V.

By: Daniel Elizondo, 210-927-2581

Index

Aeropycsa, S.A. de C.V

Counsel: Manatt Phelps, Donald Stein, 202-463-4300

Index

Aero Laguna, S.A. de C.V.

By: Paul Gretch

Index

Aero Rey, S.A. de C.V

By: Eugene Smith, 210-590-1630

Index

Air-India Limited, Ansett International Limited, Ansett Worldwide Aviation Services Pty. Limited, Sabena S.A., Sabena Belgian World Airlines, & Schreiner Airways B.V.

OST-96-1007: Air-India Limited, filed November 24, 1998. Renew exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation between Delhi and Washington, D.C., pursuant to a code-share agreement with United Air Lines, Inc. Information available to the Department indicates that the applicant has no plans to prosecute the application. 

OST-99-6088: Ansett International Limited, filed November 29, 2001. Renew exemptions from 49 U.S.C. 41301 to conduct scheduled foreign air transportation by placing its airline designator code on certain flights operated by United Air Lines, Inc., and Air New Zealand, Ltd. Information available to the Department indicates that the applicant has no plans to prosecute the application.

OST-99-5477 / Undocketed:  Ansett Worldwide Aviation Services Pty. Limited, filed March 5, 2002. Renew exemption from 49 U.S.C. 41301 and statement of authorization pursuant to 14 CFR 212 of the Department's regulations to conduct all-cargo wet-lease operations for DHL International E.C. between Brussels-Bahrain-Dubai. Information available to the Department indicates that the applicant has no plans to prosecute the application. 

OST-98-4127: Sabena S.A., Sabena Belgian World Airlines, filed July 20, 1998. Foreign air carrier permit pursuant to 49 U.S.C. 41302 to conduct foreign air transportation between Belgium and the United States. Information available to the Department indicates that the applicant has no plans to prosecute the application.

By: Paul Gretch

Index

Birdy Airlines, S.A.

Hereby applies for an exemption from 49 U.S.C. § 41301 to the extent necessary to permit Birdy to provide scheduled foreign air transportation of persons, property and mail between a point or points behind Belgium, via Belgium and intermediate points, to a point or points in the United States and beyond. Specifically, Birdy Airlines will operate routes between Belgium and Africa for Delta Air Transport N.V. d/b/a SN Brussels Airlines ("SN Brussels") under a wetlease agreement. Birdy will operate under the SN Brussels (SN) designator code except to the extent it displays the AA code of American Airlines pursuant to the Joint Application of SN Brussels and American Airlines for a Statement of Authorization to codeshare which will be filed shortly. Birdy Airlines currently does not plan to operate directly to the United States using its own aircraft.

Furthermore, Birdy Airlines requests a Statement of Authorization under 14 C.F.R. § 212.10 for a long-term wet lease of three Airbus 330 aircraft to SN Brussels Airlines for use in SN Brussels' service between Belgium and Africa. Birdy requests this Statement of Authorization to the extent necessary for it to place American Airlines' designator code on wetleased flights operated by Birdy between Brussels and various African points on behalf of SN Brussels pursuant to the AA/SN codeshare agreement and related Joint Application for a Statement of Authorization to codeshare of SN Brussels and American Airlines which will be filed shortly. Birdy Airlines requests that the Statement of Authorization to wet lease remain effective for at least one year and that the Statement of Authorization to allow it to place American's designator code on its flights operated on behalf remain effective indefinitely.

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

Index

Delta Air Lines, Inc.

Unlike Delta, Continental was awarded but never operated any of Argentina frequencies its was ultimately required to relinquish -- after admitting that it would not use them for a period of two years from the date of its award. Second, unlike the present climate, since 1998 -- during a period of relative industry prosperity and expansion of Latin America routes -- Continental chronically allowed several of its valuable Brazil frequencies to lie dormant. It was only after years of patience and liberal extensions for Continental's benefit that the Department finally reallocated those frequencies to another carrier. Third, and most important, unlike the Brazil and Argentina frequencies that Continental was required to relinquish, there is no carrier ready, willing and able to use them today. Indeed, Continental concedes that it would be virtually "impossible" for another carrier to launch a new service at this time.

American's assertion that this precedent is somehow "inapposite" because it relates to cargo frequencies rings hollow. The Department correctly determined that the depressed economic conditions in Brazil warrant relief from the dormancy condition. Those circumstances are every bit as true for passenger as cargo service. Indeed, because the costs, risks and burdens associated with scheduled passenger service are substantially greater than for cargo, the additional waiver period requested by Delta is fully in keeping with this recent Department precedent.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

Index

Essential Air Service at Salina, Kansas

Although Air Midwest has submitted a proposal, this case 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 Air Midwest’s service obligation at Salina for an additional 30 days, or until replacement service actually begins, whichever occurs first.

By: Randall Bennett

Index

Essential Air Service at Staunton, Virginia

The Department recently issued Order 2003-1-14, January 17, 2003, selecting Colgan Air to provide replacement service at Staunton. Colgan expects to inaugurate its service in the very near future. Therefore, since this case will not be completed before the end of the current hold-in period, and, as required by 49 U.S.C. 41734, we must continue to hold Air Midwest in at Staunton for an additional 30-day period, or whenever Colgan begins replacement service, whichever occurs first.

By: Randall Bennett

Index

Freedom Airlines, Inc.

Hereby applies for a two­year exemption from 49 U.S.C. § 41101 and any other provision of the Department's rules, authorizing Freedom to engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Canada, pursuant to a codeshare arrangement with America West Airlines, Inc. under which Freedom's flights in these markets will carry America West's two letter designator code. Freedom requests that its exemption be issued as soon as possible so that Freedom can obtain the necessary approvals from the Government of Canada and begin offering new service.

By:  Mesa, Brian Gillman, 602-685-4051, Brian.Gillman@mesa-air.com 

Index

International Air Transport Association

In response to the petitions by the High Tech Airfreight Shippers Coalition, the Health & Personal Care Logistics Conference, Inc. and the National Small Shipments Traffic Conference, Inc., this is to advise that the International Air Transport Association does not object to a 60-day extension of the comment period, which would give all interested parties 81 days to submit comments. However, IATA believes the Coalition’s and the Conferences' request for a 90-day extension beyond the current 21-day period is excessive and unnecessary. It is reasonable to expect the Coalition and other parties would be able to evaluate and comment on Resolution 502 and supporting documentation within 81 days.

By: David O'Conner, 202-293-9292

Pursuant to your notice posted February 21, 2003, please find attached a request supporting a 90-day extension of the deadline for comments on the Application for Approval of Agreements filed January 7, 2003 in the above referenced docket by the International Air Transport Association. We submit this request on behalf of the High-Tech Air Freight Shippers' Coalition, whose membership list is also attached.

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 U.S. economy that are dependent on airfreight services. Recognizing this burden, and the overall impact this proposal will have on a struggling U.S. economy, we believe it is important, in keeping with DOT's responsibility to deny antitrust immunity for anti-competitive agreements that do not satisfy the public interest requirement, that DOT consider this matter with the benefit of broad public participation.

Counsel: Dewey Ballentine, W. Clark McFadden

The Health & Personal Care Logistics Conference, Inc. and the National Small Shipments Traffic Conference, Inc., which recently filed their own request for a 90-day extension of the answer deadline in the above-referenced docket, hereby state that they support the extension request filed February 13, 2003 by the High Tech Airfreight Shippers Coalition. The public interest will be served by the requested extension, which should apply to all interested parties, and IATA will not be prejudiced.

Counsel: McCarthy Sweeney, John Cutler

Index

Federal Express

By: Sally Coffin

By: Peter Sachse

Index

Midwest Express Airlines, Inc.

The carrier states that this is a change in corporate name only and does not constitute a change in operations, substantial or otherwise. Although the carrier intends to change its corporate name, it anticipates that it will continue to trade as “Midwest Express” for an undefined period of time while it completes the transition to its new name. Thus, the carrier also seeks authority to use the trade name Midwest Express Airlines.

By: Randall Bennett

Index

Republic Airline Inc. d/b/a Republic Airlines

Republic plans to commence scheduled air transportation service using the trade name "US Airways Express" on July 9, 2003, providing commuter feeder services with fifty seat, Embraer EMB-145 regional jet aircraft for US Airways, Inc., pursuant to a Regional Jet Service Agreement between US Airways and Republic dated December 18, 2002. During the first twelve months of operations Republic plans to operate a fleet of twenty (20) aircraft. Republic has agreed to participate in US Airways' "Jets for Jobs" program under which Republic will hire a significant number of furloughed US Airways pilots.

RAH also owns and controls 100% of Chautauqua Airlines, Inc., a commuter air carrier which the Department has previously determined to be a U.S. citizen and to be fit, willing and able to operate scheduled air transportation. Chautauqua has a 30 year history of providing regional airline service to small and medium size cities throughout the country. Chautauqua currently operates a fleet of 62 Embraer regional jet aircraft, providing services in partnerships with American Airlines, America West Airlines, Delta Air Lines, and US Airways.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

Index

Ronald Reagan Washington National Airport - Establishment of Slot Proceeding

Within one week after the Department awarded AirTran 1400/1500 and 1800/1900 slots for its new DCA service, AirTran asked for a fourteen-day extension of the date to initiate service. AirTran requested this minimal extension in order to complete arrangements for DCA facilities and ground handling, position aircraft and crew assignments, and advertise and market the service.  When seeking new slots, Midwest notes how difficult it is to operate at DCA with 10 or 20 slots and that new entry is critical to support competition. Nevertheless, it apparently believes that other new entrants can operate with one or two roundtrips and that these new entrants do not need a reasonable amount of time to initiate service. The Department should reject, as not being in the public interest, Midwest’s latest attempt to increase its slot base. AirTran hereby requests that it be allowed to initiate service at DCA by May 6, 2003.

By: Edward Faberman

Index

Servicios Aereos ILSA, S.A. de C.V

By: Paul Gretch

Index

Transpais Aero, S.A. de C.V.

By: Paul Gretch

Index

United Air Lines, Inc.

Hereby applies for an exemption under 49 U.S.C. §40109 permitting United to hold out scheduled combination service of persons, property and mail between Boston, MA, Charlotte, NC, Pittsburgh, PA, and Philadelphia, PA, on the one hand, and Cancun, Mexico, on the other, and between Charlotte, NC and Cozumel, Mexico, under a code share with US Airways, Inc. United requests that its exemption be granted for a two-year period. United plans to open for sale on these routes on March 23, 2003, for services to begin on April 3, 2003.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com 

Provide scheduled foreign air transportation of persons, property and mail in certain U.S.­Mexico transborder markets and to points within Mexico beyond United's authorized Mexican gateways. United currently serves these markets pursuant to a code-share arrangement with Compania Mexicana de Aviacion, S.A. de C.V. 

By Notice of Action Taken dated April 26, 2001, in Docket OST-96-1988, the Department renewed United's exemption to serve the following city pairs for the purpose of code sharing on flights operated by Mexicana: Chicago-Guadalajara, Denver­Puerto Vallarta, Denver-San Jose del Cabo, Los Angeles-Cancun, San Francisco-Guadalajara and San Jose-Guadalajara.) United's exemption authority was issued for a two year period and is currently set to expire April 26, 2003.  By the same NOAT, the Department renewed United's exemption authority for the Denver-Mazatlan city pair, but United does not seek to renew this exemption because the authority has become dormant and reverted to the Department.

By Notice of Action Taken dated April 26, 2001, in Docket-OST-97-3237, the Department renewed United's exemption to engage in scheduled foreign air transportation of persons, property and mail in the following transborder markets for the purpose of code sharing on flights operated by Mexicana: Chicago-Morelia, San Francisco-Morelia, Chicago-Puerto Vallarta, Los Angeles-San Jose del Cabo, Los Angeles-Guadalajara, Miami-Cancun, New York/Newark-Mexico City, Oakland­Guadalajara, and San Antonio-Mexico City. United's exemption was granted on April 26, 2001, and is currently set to expire on April 26, 2003.  

By the same NOAT in Docket OST-97-3237, the Department also renewed United's blanket U.S Mexico exemption authority to engage in scheduled foreign air transportation of persons, property and mail between points in the United States, on the one hand, and points within Mexico beyond United's authorized Mexican gateways, on the other hand, for the purpose of blind-sector code sharing between the Mexican gateway points and other points within Mexico on services operated by either United or Mexicana. United's blanket exemption authority was issued on April 26, 2001, and is currently set to expire on April 26, 2003.

By Notice of Action Taken dated April 26, 2001, in Docket-OST-99-6481, the Department renewed United's exemption authority to serve the following city pairs for the purpose of code sharing on flights operated by Mexicana: Chicago-Monterrey and Los Angeles-Leon.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com 

Index

US Airways, Inc.

Exemption for two years under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Japan. US Airways intends to operate this service pursuant to a code-share arrangement with United Air Lines.

By: Paul Gretch

Exemption for two years under 49 U.S.C. §40109 to provide the following service: Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and a point or points in Hong Kong. US Airways intends to operate this service pursuant to a code-share arrangement with United Air Lines.

By: Paul Gretch

Amend exemption under 49 U.S.C. 40109 granted in this docket on September 6, 2002, to provide: Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Belgium, and beyond.  US Airways intends to operate this service pursuant to a code-share arrangement with United Air Lines.

By: Paul Gretch

Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and a point or points in the Netherlands and beyond. US Airways intends to operate this service pursuant to a code-share arrangement with United Air Lines.

By: Paul Gretch

US Airways currently provides nonstop Philadelphia-Grand Cayman service on weekends, utilizing A-319 aircraft. US Airways plans to continue operating nonstop Philadelphia-Grand Cayman service. US Airways hereby seeks a two-year renewal of this exemption authority.

Counsel: O'Melveny Myers, Joel Burton, 202-383-5300

Hereby applies for a two-year exemption from 49 U.S.C. § 41101 and, to the extent necessary, a designation to engage in scheduled foreign air transportation of persons, property, and mail between Philadelphia, Pennsylvania, and Charlotte, North Carolina, on the one hand, and Mexico City, Mexico, on the other hand, with services beginning in or around October 2003.  US Airways would be a new entrant in the U.S.-Mexico City market. Mexico City will be US Airways' third destination in Mexico; US Airways currently serves Cancun and Cozumel.

Philadelphia (PHL) - Mexico City, Mexico (MEX). US Airways plans to operate its daily Philadelphia-Mexico City service on a year-round basis commencing in or around October 2003. For this service, US Airways plans to utilize A-319 aircraft, currently in its fleet, with 120 seats configured as 12F/108Y.

Charlotte (CLT) - Mexico City, Mexico (MEX). US Airways plans to operate its daily Charlotte-Mexico City service on a year-round basis commencing in or around October 2003. For this service, US Airways plans to utilize A-319 aircraft, currently in its fleet, with 120 seats configured as 12F/108Y.

Counsel: O'Melveny Myers, Joel Burton, 202-383-5300

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WestJet

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct: 1) scheduled, combination services between any point or points in Canada and any point or points in the United States; and 2) charter operations between Canada and the United States, and other charters to/from the United States in accordance with 14 CFR Part 212.

By: Paul Gretch

Index

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