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Last Updated 03/04/03 07:35 PM

Applications and Renewals: 

American and SN Brussels - Codeshare Agreement

DHL International - Amendment to Exemption and Statement of Authorization

European Air Transport - Renewal and Amendment - Wet Lease to DHL International

Murray Air - Supplement to Application

PrivatAir - U.S.-Germany Passenger Charter Exemption

Zip Air - US-Canada

Answers and Replies: 

Continental, Delta and Northwest - Commitments Regarding Marketing Agreement

Intra-Alaska Bush Service Mail Rates - Comments of United States Postal Service

Lan Ecuador - Comments Regarding Application

Notices of Action Taken:

None

Notices and Orders:

None

American Airlines, Inc. and Delta Air Transport N.V. d/b/a SN Brussels Airlines

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com / Condon & Forsyth, Evelyn Sahr, 202-289-0500, esahr@condonlaw.com

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Continental Airlines, Inc., Delta Air Lines, Inc., and Northwest Airlines, Inc.

This letter sets forth the commitments of Continental Airlines, Inc., Delta Air Lines, Inc. and Northwest Airlines, Inc. to adhere to certain terms and conditions set forth below under and during the effectiveness of the Marketing Agreement.  After discussing these conditions with the Department, the Alliance Carriers have concluded that the Department's conditions 1, 5, and 6, proposed pursuant to its authority under 49 U.S.C. §41712, are acceptable without change, but that they cannot agree to conditions 2, 3, and 4 as proposed. The Alliance Carriers wish to propose alternative language for those conditions to address the Department's concerns.

Counsel: Continental, Rebecca Cox/ Delta, Scott Yohe/ Northwest, Andrea Newman

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DHL International E.C.

Hereby submits this application to amend its exemption and statement of authorization issued in the above-captioned docket. These authorizations enable DHLIEC to operate all-cargo services between Brussels and Bahrain, Kuwait and Dubai displaying the designator code of DHL Airways, Inc.  Specifically, DHLIEC applies to amend its exemption and statement of authorization to add Bergano, Italy (BGY) as an authorized intermediate point on its all-cargo flights between Brussels, on the one hand, and Bahrain, on the other, and beyond Bahrain to Dubai and Kuwait, on which the Airways' designator code is displayed.  DHLIEC also requests that its exemption and statement of authorization be amended, to the extent necessary, to allow it to operate this service either with its own aircraft or aircraft wet-leased from European Air Transport or another U.S. or foreign carrier from a category one country under the FAA's International Aviation Safety Assessment program that has obtained appropriate authorization from the Department.

Counsel:  Wilmer Cutler, Bruce Rabinovitz, 202-663-6960, brabinovitz@wilmer.com

Related Dockets:  OST-00-6937 | OST-02-12903

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European Air Transport N.V.

Hereby applies, to the extent necessary, for renewal of an exemption from 49 U.S.C. § 41301 and a statement of authorization under 14 C.F.R. Part 212 to permit EAT to continue to wet lease freighter aircraft to DHL International E.C. for the latter's use in operating all-cargo service between Brussels and Kuwait and Dubai via Bahrain on which the two-letter designator code of DHL Airways.  

DHLIEC initially sought to utilize a B757 aircraft operated by EAT on an interim basis while it considered various alternatives available to replace on a longer-term basis the aircraft lost in the -air collision over Germany. Given the current uncertain market conditions, however, DHLIEC has still not concluded any long-term agreement to between the United States and Kuwait and to integrate this authority with its certificate authority for all-cargo service on Route 692.  In order to continue operating the Brussels-Bahrain­Kuwait-Dubai service on which Airways' code is displayed while it reviews the other options available, DHLIEC has renewed its agreement with EAT so that it may utilize EAT's B757 aircraft as needed to operate this service. In addition, in order to permit service to operate between Brussels and Bahrain via Bergano, Italy, EAT requests that its statement of authorization and exemption be amended to include Bergano as an authorized intermediate point.

Counsel:  Wilmer Cutler, Bruce Rabinovitz, 202-663-6960, brabinovitz@wilmer.com

Related Dockets:  OST-99-5470 | OST-00-6937

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Intra-Alaska Bush Service Mail Rates

The attached represents immediate changes in PO-508, Intra-Alaska Mail Service by Air, Instructions for Certificated Carriers and Bypass Shippers.  Please makes these changes to your copies of the Handbook.  

Any questions regarding the attachments may be directed to Jim Nawrot at (202) 268-4373 or JNawrot@email.usps.gov .

By: John Bonafilia

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Lan Ecuador

Continental and Northwest yesterday filed in the above docket an unauthorized document entitled "Supplemental Information Submission." The document contains representations concerning possible extra-bilateral code-share operations between the U.S. and Ecuador. The document also quotes the Aviation Daily. The document raises no relevant matter that has not been addressed in prior pleadings. Accordingly, please be advised that Lan Ecuador does not intend to respond further to this document.

Counsel: Zuckert Scoutt, Charles Simpson, 202-973-7926, cjsimpson@zsrlaw.com 

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Murray Air, Inc.

Attached is the resume of William C. Boyd, who has been designated as the Chief Pilot for Murray Air.  Capt. Boyd is an FAA-licensed Airline Tranport Pilot, with over 45 years of experience in commercial aviation.

Counsel: Mark Atwood

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PrivatAir GmbH

PrivatAir requests an exemption to engage in foreign charter air transportation of persons, property and mail between any point or points in Germany on the one hand and any point or points in the United States on the other hand, either directly or via intermediate points in other countries, with or without stopovers, and beyond, and any other charters pursuant to Part 212 of the Department's regulations, as necessary. PrivatAir plans to commence passenger charter services to the U.S. in April 2003 between points in the Eastern U.S. and Germany. For its proposed services to the U.S., PrivatAir intends to use Boeing aircraft in business jet configuration.

PrivatAir is a start-up airline with an application pending before the LBA for its initial operating authority. PrivatAir intends to conduct international charter operations with a fleet of Boeing aircraft. PrivatAir will provide VIP charters to a range of clients including large corporations and other air carriers.  PrivatAir will commence operations to the United States with a Boeing 737-700IGW aircraft. The aircraft will initially be registered in Switzerland under registration mark HB-IIQ but will be transferred to the German aircraft registry no later than April 1, 2004. The PrivatAir Boeing 737-7001GW is specially configured for corporate charters. It has a capacity of up to 46 passengers and a top range of 4,000 nautical miles.

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

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Zip Air, Inc. d/b/a Zip

Hereby applies for an exemption so that it can provide both scheduled and nonscheduled foreign air transportation of persons, property and mail between points in the United States and points in Canada. Zip also requests a Statement of Authorization so that it may display the Air Canada "AC" airline designator code on any or all of its flights. Zip hopes to introduce this service on or before April 6, 2003. Given the demands associated with this start­up, Zip is asking that the Department establish March 11 as the date for answering this Application. Zip will poll all interested carriers by email and ask whether they object to either the shortened answer date or to the underlying Application.

Counsel: Garfinkle Wang, Anita Mosner, 703-294-5890

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