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OST Docket Filings for February 28, 2003 |
Last Updated 03/04/03 07:23 AM
Applications and Renewals:
American - Amended Statement of Authorization - Codeshare with Iberia
American & British Airlines - Joint Answer to Information Request / Motion for Confidential Treatment
Delta, Comair, Atlantic Southeast, and Korean Air - US-Korea Blanket Codesharing Notice
Transcarga - US-Venezuela Charter
United - Amendment to Application US-Mexico
Answers and Replies:
CRS Regulations - Comments
CRS Extension - Comments
Notices of Action Taken:
None
Notices and Orders:
Boston-Maine Airways d/b/a Pan Am Clipper - Certificate of Public Convenience and Necessity
Hong Kong Fifth-Freedom - Order on Reconsideration
IATA - Notice of Approval
| OST-01-11037 | February 28, 2003 | Application for an Amended Statement of Authorization | Statement of Authorization - US-Spain - Codesharing with Iberia |
Hereby applies for an amendment of its statement of authorization, granted in this docket by Department Action on November 29, 2001, in order to display the IB* designator code of Iberia Lineas Aereas de Espana, S.A. on flights operated by American (or its affiliate American Eagle Airlines, Inc.) between New York (JFK) and Chicago, on the one hand, and Washington Reagan National Airport (DCA), on the other.
On February 6, 2003, the United States sent a diplomatic note to Spain accepting an airport designation change from IAD to DCA. Accordingly, the amended statement of authorization requested herein is consistent with the U.S.-Spain aviation agreement.
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
American Airlines Inc. & British Airways PLC
| OST-02-13861 | February 28, 2003 | Joint Response to Evidence Request | Reciprocal Codesharing |
American and British Airways urge expedited approval of their codesharing application, so that the public may begin to enjoy the benefits of enhanced services and increased competition at the earliest possible date.
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com/ British Airways, Paul Jasinski, 347-418-4250, paul.jasinski@busa.com
| OST-02-13861 | February 28, 2003 | Joint Motion for Confidential Treatment | Reciprocal Codesharing |
American and British Airways are separately submitting confidential information in response to the Department's evidence request of January 16, 2003. The confidential documents are identified and described in the attached indexes. We request that access to these documents be limited to counsel and outside experts for interested parties.
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com/ British Airways, Paul Jasinski, 347-418-4250, paul.jasinski@busa.com
Boston-Maine Airways Corp. d/b/a Pan Am Clipper Connection
| Order-03-2-24 OST-00-7668 |
Issued February 28, 2003 Served February 28, 2003 |
Final Order | Certificate of Public Convenience and Necessity |
| Service List |
We have carefully considered the points raised by ALPA in its objection. However, like the applicant, we disagree with ALPA's premise that the Department incorrectly determined the level of funds required for Boston-Maine to meet our financial fitness standard. It is the Department's practice to determine an applicant's financial fitness based on the level of funds required to cover the applicant's pre-operating costs for the proposed operations, and to provide the company with a working capital reserve equal to one-quarter of its operating expenses for the first year of the proposed operations. Further, when an applicant already has established operations, we include in our funding requirement the level of funds needed to cover any current working capital deficit (i.e., the difference between the applicant's current assets and current liabilities). This policy is applied to applicants seeking expanded authority (whether through the addition of larger aircraft, or through the addition of aircraft beyond the numerical limits set in the applicant's current authority) regardless of whether its past operations have been profitable. Indeed, companies may not have positive working capital despite profitable operations, just as those companies experiencing operating losses may not be in a negative working capital position. This policy effectively protects the public while implementing Congress's intent, through the Airline Deregulation Act, to enhance competition through a liberal entry policy.
By: Read C. Van De Water
Computer Reservation Systems (CRS) Regulations
| OST-97-2881 OST-97-3014 OST-98-4775 OST-99-5888 |
February 27, 2003 | Comments of DOB Systems, LLC | Re: Statements of General Policy |
We acknowledge that the intent of the proposed MIDT rule changes is virtuous, however we believe that the effects from those proposed changes would create formidable economic and legal repercussions for the airlines currently using the data, the GDSs currently selling data, and even the groups with complaints against the data. Moreover, a short time table regarding the implementation of the proposed rule changes would only serve to further intensify those adverse repercussions. We do not believe that the impact of the changes proposed nor the actual effects of MIDT utilization have been addressed or evaluated properly.
By: David O'Bannon
| OST-97-2881 OST-97-3014 OST-98-4775 OST-99-5888 |
February 27, 2003 | Comments of Turkish Airlines | Re: Statements of General Policy |
The current system, based on transparency has generated competition conditions never reached before. Proposed restrictions promote limitations of data availability to a few actors in the marketplace. This means that such data could fall into the hands of airlines in which particular travel agency chains have some kind of ownership or interests. DOT must be aware that today's parent relationships go beyond “parent carrier of a CRS”, as the environment has evolved into a much more complex scenario where we find other forms of affiliations.
By: Turkish Airlines, Zuhal Aydin
Computer Reservation Systems (CRS) Regulations - Extension
| OST-03-14484 | February 28, 2003 | Comments of The American Society of Travel Agents | Extension of Expiration Date through January 31, 2004 |
ASTA submits that the Department must extend the deadline for the rules to expire, as proposed. The CRS rules, in one form or another, have been in place since 1984. The entire air transportation industry, including airlines, CRS/GDS's, and travel agencies, has shaped its business with these rules in mind. The Department cannot responsibly or lawfully simply let this overarching legal regime, which has had profound effects on thousands of businesses, many of them small businesses under federal law and policy, expire in 30 days.
Counsel: ASTA, Paul Ruden
| OST-03-14484 | February 28, 2003 | Comments of Lan Chile | Extension of Expiration Date through January 31, 2004 |
By: Sergio Mendoza, 562-565-6766
| OST-03-14484 | February 28, 2003 | Comments of Northwest Airlines | Extension of Expiration Date through January 31, 2004 |
As Northwest warned a year ago when it opposed a fifth CRS extension, annual extensions of the CRS rules have perpetuated the existing Part 255 standards and have not facilitated the Department’s reexamination of the CRS rules. The extended comment period in the comprehensive CRS rulemaking proceeding ends on May 15, 2003. After five years of extensions and analysis of the parties’ respective positions, the Department should not need an additional seven months to determine whether to sunset the rules immediately or to revise and readopt some of them. Since the last extension of the sunset date, Northwest’s CRS fees have increased another 4.9%, while Northwest’s net loss for 2002 was $798 million. Overall, the U.S. passenger airlines reported over $10 billion in 2002 net losses, industry debt now exceeds $100 billion, and the industry's $15 billion total market capitalization continues to decline.
Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com
| OST-03-14484 | February 28, 2003 | Comments of Orbitz | Extension of Expiration Date through January 31, 2004 |
Orbitz understands that the issues before the Department in the pending rulemaking are both numerous and complex, and are only likely to become more so once parties respond to the NPRM. However, given that the due date for comments currently is March 16, 2003, and the due date for reply comments is May 15, 2003, extending the problematic existing rules until January 31, 2004, as proposed, would extend the competitive harm done by the existing rules longer than should be necessary for the Department to review those comments and issue a final rule. Orbitz believes that the expiration date of Part 255 should be extended by no more than six (6) months, to a date no later than September 30, 2003.
Counsel: Orbitz, Gary Doernhoefer, 312-894-5000 and Zuckert Scoutt, Frank Costello, (202) 298-8660
| OST-03-14484 | February 28, 2003 | Comments of Worldspan | Extension of Expiration Date through January 31, 2004 |
The Part 255 sunset date previously has been extended five times. If the Department again extends the sunset date, whether for the proposed ten months or any other period, the final rule implementing the extension should definitively state that there will be no further extensions of Part 255 in its current form. Furthermore, upon the conclusion of the NPRM proceeding, the Department should allow Part 255 to terminate in its entirety on the new sunset date, if any, established in this docket.
Counsel: Zuckert Scoutt, Charles Simpson, 202-298-8660
Delta Air Lines, Inc., Comair, Inc., Atlantic Southeast Airlines, Inc & Korean Air Lines Co., Ltd.
| OST-03-14367 | February 28, 2003 | Thirty Day Notice | US - Korea Blanket Codesharing |
Hereby notify the Department of the following additional codeshare services operated by Delta carrying KAL's designator code to commence on or after 30 days from the date of this notice: Atlanta - Santiago, Chile Atlanta- Lima, Peru.
Counsel: Zuckert Scoutt, William Callaway, 202-973-9706for Korean Air Lines / Shaw Pittman, Robert Cohn, 202-663-8060 for Delta
| Order-03-2-27 OST-02-14049 |
Issued February 28, 2003 Served February 28, 2003 |
Order on Reconsideration | All-Cargo Frequency Proceeding |
| Applications as Amended and Supplemented |
By this order, we address various issues raised in three separate petitions for reconsideration to the instituting order, as well as a motion and related requests in the above-referenced proceeding. We deny the relief requested by Federal Express in its petition for reconsideration and request for decision by the Secretary of Order 2002-12-11 which instituted the proceeding. We deny the motion of Federal Express requesting the limited intervention of the Office of Aviation Enforcement and Proceedings, and also deny the requests for antitrust immunity in relation to the Federal Express motion. We grant the petitions of Federal Express and Polar Air Cargo concerning the evidence request, and, upon reconsideration, modify, in part, the evidentiary material to be filed by the applicants. We also establish revised procedural dates for processing this case.
In view of our decisions above, we are revising the remaining procedural schedule for this proceeding as follows: Direct Exhibits: March 21, 2003 Rebuttal Exhibits: April 4, 2003 Briefs: April 14, 2003
By: Read C. Van De Water
International Air Transport Association
| OST-03-14613 | February 27, 2003 | Application for Approval of Agreements | Pricing Agreement |
Intended effective date: 1 April 2003 Agreement: PTC2 EUR-ME 0153 dated 28 January 2003 PTC2 Europe-Israel Resolutions Minutes: PTC2 EUR-ME 0154 dated 14 February 2003 PTC2 EUR-ME Fares 0069 dated 31 January 2003.
Counsel: IATA, David O'Connor, 202-293-9292
| OST-03-14478 OST-03-14485 OST-03-14540 OST-03-14541 OST-03-14568 |
Filed February 7, 2003 Approved February 27, 2003 Filed February 10, 2003 Approved February 27, 2003 Filed February 18, 2003 Approved February 27, 2003 Filed February 18, 2003 Approved February 27, 2003 Filed February 21, 2003 Approved February 27, 2003 |
Notice of Approval of Agreements | Pricing Agreements |
By: Paul Gretch
Transcarga International Airways, S.A.
| OST-01-11231 | February 27, 2003 | Application for Renewal of Exemption | US-Venezuela Charter |
Transcarga Intl. Airways, C.A. invokes the automatic extension provisions of the Administrative Procedures Act, 5 U.S.C. § 558 ( c ), as implemented by 14 C.F.R. Part 377, to maintain its exemption authority in effect pending a final Department determination on this renewal application.
By: John Spittler
| OST-03-14576 | February 28, 2003 | Amendment to Application | US - Mexico Codeshare with US Airways |
hereby amends its above-captioned application, dated February 24, 2003, to add to its request an exemption to hold out code-share service on US Airways' flights in the following two additional U.S.-Mexico city pairs:
Charlotte-Mexico City
Philadelphia-Mexico City
Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com
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