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OST Docket Filings for March 7, 2003 |
Last Updated 03/09/03 05:09 PM
Applications and Renewals:
Aereos del Centro - Mexican Taxi Renewal
American and Swiss - Cessation of Blanket Codeshare
Antonov Design Bureau - Columbus-Seattle
Arrow - U.S.-Argentina All Cargo Renewal
Atlas - U.S.-Hong Kong Renewal
El Al - Israel-US Codeshare Renewal with Delta / Tel Aviv-Toronto-LA Renewal
IATA - Pricing Agreement
US Airways - Fort Lauderdale-Bermuda
Answers and Replies:
Cathay Pacific - Hong Kong - US (Reply of Cathay Pacific)
CRS - Cited Material Submitted by DOT, Tom Ray
DHL Citizenship - Affidavits of David Vaughan, Pierre Murphy, Warren Dean, Thomas Donaldson, Allison Sinoski, Patricia Snyder
EAS at Grand Island, Nebraska - Request of MultiAero
EAS at Oshkosh, Wisconsin - Correspondence of Randall Bennett
Notices of Action Taken:
AeroCaribe - Cancun/Mexico City/Puerto Vallarta-Austin/San Antonio
China Eastern - Harbin-LA Renewal
Delta and Air France - Santiago-Buenos Aires
Notices and Orders:
IATA - Approval of Agreements
Kyle Heck v. Southwest - Order Dismissing Complaint
| OST-03-14393 | Filed January 28, 2003 Issued March 4, 2003 |
Notice of Action Taken | Mexico-US Scheduled Passenger / Codeshare with Mexicana |
Exemption from 49 USC section 41301 to permit Aerovias Caribe to conduct scheduled, combination services between: 1) Mexico City, Mexico, and Austin, Texas; 2) the Mexican coterminal points Cancun/Puerto Vallarta, and the U.S. coterminal points San Antonio/Austin, Texas; and a Statement of Authorization under 14 CFR Part 212 to permit Aerovias Caribe to carry Mexicana’s designator code on these flights.
By: Paul Gretch
Related Docket: OST-03-14506
| OST-03-14663 | March 6, 2003 | Application for an Emergency Exemption | Columbus, Ohio - Seattle, Washington |
Application of Antonov Design Bureau pursuant to 49 USC Sections 40109(g) and 41703(c) to permit Antonov to operate a single one-way all-cargo charter flight transporting two outsized GE90-115B engines, plus ancillary equipment, from Columbus, Ohio to Seattle/Boeing Field, Washington, between March 10 and March 17, 2003, using its AN 124-100 aircraft. Active Aero Charter, Inc., a forwarding agent acting on behalf of General Electric Aircraft Engines, has requested that Antonov transport two GE90-115B aircraft engines, and related tooling and components, from GEAE's Peebles Test Operation Facility in Ohio to the Boeing Commercial Airplane Company manufacturing facilities in Washington on or about March 10, 2003.1 Each GE90-115B engine weighs 23,000 lbs. and measures approximately 286 x 151 x 158 inches. These units are too large to be carried by freighter aircraft operated by U.S. carriers. As a result, the engines need to be transported using Antonov's AN 124-100 aircraft. GEAE urgently needs to deliver these GE90-115B engines to Seattle for installation on a second B-777-300ER airplane, a newly designed extended range derivative of the Boeing 777, which is in the final stages of assembly, and required for an extensive flight test program.
Counsel: Shaw Pittman, Robert Cohn, 202-662-8060
| OST-96-1013 | March 7, 2003 | Application for Renewal of Exemption | U.S. - Argentina All Cargo |
Arrow Air has been authorized to operated scheduled foreign air transportation of property and mail between Miami, Florida and Buenos Aires, Argentina by exemption pursuant to 49 U.S.C. section 40109 as set forth in Notice of Action Taken issued June 1, 2001. The approval renewed for a period of two years, until June 1, 2003, Arrow Air's previous exemption to operate U.S.-Argentina all-cargo service. Arrow Air currently offers scheduled all-cargo service between Miami and Buenos Aires three times a week, Wednesday, Thursday and Saturday, Flight No. AR 13003, under an arrangement with Aerolineas Argentinas. It provides important services for the shipping public and renewal of this exemption is consistent with the public convenience and necessity.
Counsel: Lawrence Wasko, 202-862-4370, ldwasko@erols.com
| OST-97-2591 | March 7, 2003 | Application for Renewal of Exemption | U.S. - Hong Kong |
| Service List |
Requests two-year renewal of its exemption authorizing it to engage in scheduled foreign air transportation of property and mail between New York, Chicago, Los Angeles, Anchorage and Honolulu, on the one hand, and Hong Kong, on the other, via intermediate points in Taiwan and Korea (without local traffic rights between Taiwan and Korea, on the one hand, and Hong Kong, on the other). Atlas also requests that the exemption include the right to integrate that authority with its other certificate and exemption authorities.
On November 5, 2002, Atlas filed a request in Docket OST-02-13761 for broader exemption authority and the assignment of 5th freedom frequencies to take advantage of rights recently made available under the aviation agreement between Hong Kong and the United States. That request is under consideration in Docket OST-0214049, the 2002/2003 Hong Kong Fifth-Freedom All-Cargo Frequency Proceeding. Because the Department has not yet acted on the application in Docket OST02-13761, Atlas wishes to renew its Hong Kong authority in Docket OST-97-2591 in order to have the flexibility to offer service in markets and over routings that make commercial sense.
Counsel: Russell Pommer, 202-354-3843, rpommer@atlasair.com
Cathay Pacific Airways Limited
| OST-03-14493 | March 7, 2003 | Reply of Cathay Pacific Airways Limited for Exemption | Hong Kong - U.S. |
| Service List |
Contrary to United characterization of Cathay s request, Cathay is not seeking a "blank check;" rather it is suggesting that it be authorized now to serve unnamed points so that when the government of Hong Kong selects a point and/or the two governments agree on certain points as provided for in the agreement, Cathay, which is designated for Routes 1 and 2, may institute service without the need to seek specific Department authority to serve the point(s). Cathay is fully aware that it could not serve any of those points until they have been named under the agreement.
Similarly, Cathay is fully aware that it could not transport fifth freedom traffic between the U.S. and the intermediate/beyond points unless it holds an allocation of fifth freedom frequencies. Given the restrictions on fifth freedom traffic rights - restrictions that would govern Cathay's future operations - the Department clearly would not be affording Cathay carte blanch fifth freedom flexibility by granting the application.Although Cathay, like United, may not be fully satisfied with the agreement, it does not propose to adopt an obstructionist attitude when U.S. airlines seek permission from the Hong Kong authorities to implement the new services set forth in the agreement. Rather, Cathay seeks to take advantage of the benefits of the agreement and improve available air service between Hong and the U.S. United's griping aside, the U.S. and Hong Kong negotiated new route rights and executed a Memorandum of Consultation implementing that agreement, an agreement which speaks for itself and clearly authorizes the rights sought herein by Cathay subject to the stated conditions.
Counsel: Piper Rudnick, William Evans, 202-371-6030, bill.evans@piperrudnick.com
China Eastern Airlines Corp. Ltd.
| OST-02-13828 | Filed November 13, 2002 Issued March 6, 2003 |
Notice of Action Taken | Harbin, PRC-Los Angeles - Scheduled Passenger |
Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Harbin, People's Republic of China, and Los Angeles, CA.
By: Paul Gretch
Computer Reservations Systems (CRS) Regulations Statements of General Policy
| OST-97-2881 OST-97-3014 OST-98-4775 OST-99-5888 |
March 7, 2003 | Cited Material Submitted by Tom Ray, Office of the Assistant General Counsel for Litigation: | Computer Reservations System |
| Secretary's Task Force on Competition in the US Domestic Airline Industry - Airline Marketing Practices | |||
| Appendix 2: 1988 Regional Market Shares Based on Airline Bookings | |||
| Attachments: Newspaper, Web Site, Email Articles | |||
| OIG Audit Report - Report on Travel Agent Commission Overrides | |||
| Attachments: Newspaper, Web Site Articles |
By: DOT, Tom Ray
| OST-00-6939 | Filed February 7, 2003 Action Date March 6, 2003 |
Department Action on Application | Statements of Authorization - Codeshare |
Joint Application of Delta Air Lines/Atlantic Southeast Airlines/Comair and Societe Air France/Brit Air/City Jet/Regional for amended statement of authorization to permit Air France to display Delta's designator code on Air France flights between Santiago-Buenos Aires.
By: Barbara Schools
| OST-02-13089 | March 6, 2003 | Affidavit of Counsel for UPS - David Vaughan | Citizenship of DHL Airways |
| Affidavit of Counsel for UPS - Steven Okun |
Counsel: Kelley Drye, David Vaughan
| OST-02-13089 | March 7, 2003 | Affidavit of Counsel for Lynden Air Cargo, LLC - Pierre Murphy | Citizenship of DHL Airways |
Counsel: Pierre Murphy
| OST-02-13089 | March 7, 2003 | Affidavit of Counsel for Federal Express Corporation - Warren Dean, Thomas Donaldson, Allison Sinoski, Patricia Snyder | Citizenship of DHL Airways |
Counsel: Thomas Donaldson
| OST-01-8772 | March 5, 2003 Filed via ES - Available to Public on March 7, 2003 |
Application for Renewal of an Exemption | Exemption/Statement of Authorization- U.S.- Israel Codesharing with Delta |
Provide scheduled foreign air transportation of persons, property and mail between a point or points in Israel, on the one hand, and Atlanta, Boston, Cincinnati, Dallas/Ft. Worth, Los Angeles, Miami, Orlando, Phoenix, Salt Lake City, San Francisco, Seattle and Washington, D.C./ Baltimore, on the other hand, pursuant to a code-share arrangement with Delta Air Lines Inc. Under this arrangement the “LY” designator code is displayed on flights operated by Delta between New York (JFK) and twelve interior U.S. points, and the “DL” designator code is displayed on flights operated by El Al between New York (JFK and Newark) and Tel-Aviv. El Al and Delta hold statements of authorization under 14 C.F.R. Part 212 to engage in such services, approved by Notice of Action Taken on March 2, 2002 (for Delta), and October 1, 2001 (for El Al) for an indefinite duration.
Counsel: Pillsbury Winthrop, John Gillick, 202-775-9800
| OST-02-11775 | March 5, 2003 Filed via ES - Available to Public on March 7, 2003 |
Application for Renewal of an Exemption | Exemption - Tel Aviv-Toronto-Los Angeles Codeshare with Delta |
Provide scheduled foreign air transportation of persons, property and mail between Tel Aviv, Israel and Los Angeles via the intermediate point Toronto, Canada with full traffic rights pursuant to a code-share arrangement with Delta Air Lines Inc. Under this arrangement the “DL” designator code is displayed on flights operated by El Al between Toronto and Los Angeles.
Counsel: Pillsbury Winthrop, John Gillick, 202-775-9800
Essential Air Service at Grand Island, Nebraska
| OST-02-13983 | March 7, 2003 | Request for Extension of Time by MultiAero, Inc. | Intent to Terminate Scheduled Air Service |
By: D. Wood
Essential Air Service at Oshkosh, Wisconsin
| OST-99-5712 | February 7, 2003 | Correspondence of Randall Bennett | 90-Day Notice to Terminate Service |
Section 332 of Public Law 106-69 prohibits the Department from subsidizing air service if the subsidy per passenger exceeds $200 and the community is within 210 highway miles of a large or medium hub airport. In the case of Oshkosh, the Department tentatively determined that the subsidy, based on the carrier proposals filed, exceeded the statutory ceiling of $200 per passenger, and that Oshkosh is 93 miles from Milwaukee, a medium hub airport, well within the 210-mile statutory exclusion. The Department has provided all interested parties, including the community and airport authority, an opportunity to comment on this tentative decision. On January 27, we received an objection to the tentative decision from the Winnebago County Airport Department on behalf of the Wittman Regional Airport, as well as from the Mesa Air Group, to the Department's tentative decision to terminate the EAS eligibility of Oshkosh.
By: Randall Bennett
International Air Transport Association
| OST-03-14669 | March 7, 2003 | Application for Approval of Agreement | Pricing Agreement |
Counsel: IATA, David O'Connor, 202-293-9292
| OST-03-14562 | Filed February 20, 2003 Approved March 3, 2003 Filed February 28, 2003 Approved March 6, 2003 |
Approval of Agreements | Pricing Agreements |
By: Paul Gretch
Kyle Heck v. Southwest Airlines, Inc.
| Order 03-03-5 OST-02-14037 |
Issued March 7, 2003 Served March 7, 2003 |
Order Dismissing Complaint | Violations of 49 U.S.C. 41705 |
On December 9, 2002, Kyle Heck filed a third-party enforcement complaint under section 302.401 of the Department’s Procedural Rules (14 CFR 302.401) against Southwest Airlines, Inc. (Southwest), alleging that the carrier discriminated against him as a disabled passenger on at least two occasions. The complainant is an adult who, owing to Down Syndrome and mental retardation, has the mental capacity of a minor. As a mentally disabled person, Mr. Heck should be eligible, according to the complaint, for the boarding and disembarking assistance and custodial supervision which the carrier provides under its unaccompanied minors policy. The carrier denies that it is obligated to provide this service to a disabled adult individual under 14 CFR Part 382, the Department’s rule implementing the Air Carrier Access Act (ACAA). We agree with the arguments presented by the respondent and find no grounds for determining that Southwest’s refusal to extend all the services it provides to unaccompanied minors to Mr. Heck, or other mentally disabled adult travelers, violates the rights of the complainant as a disabled individual.
By: Samuel Podberesky
Servicios Aereos del Centro, S.A. de C.V.
| OST-96-1673 | March 7, 2003 | Application for Renewal of an Exemption | Mexico-US Charter Taxi |
Counsel: Roller Bauer, Lee Bauer, 202.331.3300, airlaw@rollerbauer.com
Swiss International Air Lines, Ltd. d/b/a Swiss and American Airlines, Inc.
| OST-02-12001 | March 7, 2003 | Notice of Swiss International Air Lines of Cease Codesharing Services | Statements of Authorization (Blanket Codesharing) and Related Exemption Authority |
Swiss International Air Lines, Ltd. d/b/a Swiss hereby provides notice of cease of codeshare services which have been operated under its codeshare arrangement with American Airlines, Inc. Swiss will cease displaying American's "AA" designator code on flights operated by Swiss between the points listed in Attachment A on or about March 26, 2003.
Counsel: Condon Forsyth, Thomas Whalen, 202 289-0500
| OST-03-14671 | March 7, 2003 | Application for Exemption and Substitution of Gateway | Fort Lauderdale-Bermuda |
| Proposed Route/Schedule | |||
| Proposed Service | |||
| Service List |
US Airways' request is consistent with the rights established for U.S. carriers under the U.S.-U.K. Air Services Agreement, as amended. Atlantic City is currently designated under U.S. Route 4 as a U.S. gateway. However, no airline currently offers nonstop service between Atlantic City and Bermuda. Indeed, since Atlantic City's designation as a gateway on U.S. Route 4 in 1997, no scheduled nonstop service has ever been initiated from Atlantic City to Bermuda.
US Airways plans to operate scheduled weekend nonstop service between Fort Lauderdale and Bermuda commencing in June 2003. US Airways will operate the service initially on a seasonal basis, but intends to offer it on a year-round basis in the future. For this service, US Airways plans to utilize Airbus 319 aircraft, currently in its fleet, with 120 seats configured in a two class configuration.
On February 21, 1997, Spirit Airlines, Inc., filed an application for an emergency exemption seeking to operate service from Atlantic City to Bermuda. In its application, Spirit requested that Atlantic City be substituted as a U.S. gateway on U.S. Route 4 in place of Raleigh/Durham. By NOAT dated March 11, 1997 (Docket OST-97-2146), the Department granted Spirit's application. No U.S. carrier is currently operating nonstop service between Atlantic City and Bermuda. Indeed, since Atlantic City's designation as a gateway on U.S. Route 4 in 1997, no scheduled nonstop service has ever been initiated from Atlantic City to Bermuda.
Counsel: US Airways and O'Melveny Myers, Joel Burton, 202-383-5300
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