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Last Updated 03/10/03 09:05 PM

Applications and Renewals: 

American - DFW-Tokyo Temporary Dormancy Waiver

American and Swiss - Amended Notice of Cease of Codesharing

HMY - Canada-US Scheduled

Northwest - US-Dominican Republic Renewal

SkyService Airlines - Canada-US Scheduled Renewal

US-Tokyo Air Services - Supplemental Submission of American

Answers and Replies: 

Alaska Airlines - Reply of Alaska Airlines (LA-Guadalajara)

American - Reply of Alaska Airlines (LA-Guadalajara)

Cathay Pacific - Correction to Service List to Reply of Federal Express

DHL Citizenship - Affidavits/ Letter from DHL

EAS at Adak, Alaska - Letter from Dennis DeVany

EAS at Fort Leonard Wood, Missouri - Response of Mesa/ Letter from Dennis DeVany

EAS at Oshkosh, Wisconsin - Letter from Norman Mineta to the Honorable Russell Feingold

EAS at Quincy, Illinois-St. Louis, Missouri - Letter from Norman Mineta to the Honorable Richard Durbin

EAS between Staunton, Virginia and Pittsburgh, Pennsylvania - Letter from Norman Mineta to the Honorable Bob Goodlatte

Intra-Alaska Class Service Mail Rates - Concern of Hageland Aviation

Polar - Polling Letter (Codeshare with Qantas)

PrivatAir - Family Assistance Plan

Notices of Action Taken:

Antonov Design Bureau - Columbus, Ohio-Seattle, Washington

Evergreen - US-Thailand Denial

Volga-Dnepr - Cape Canaveral-Denver

Notices and Orders:

America Trans Air, Inc - Reissuance of Certificate of Public Convenience

EAS at Grand Island, Nebraska - Notice of Extension

Alaska Airlines, Inc.

Alaska intends to make every effort to begin its new year-round service between Los Angeles and Guadalajara as soon as reasonably possible after receipt of the Department's and the Mexican Government's approvals. Alaska should not, however, be prohibited from availing itself of the Department's dormancy condition under which every U.S. carrier has operated to Mexico for nearly fifteen years. It would be especially inappropriate and clearly contrary to the public interest to approve early activation of American's back-up authority in view of the superior service proposal submitted by Alaska. Alaska's exemption application should be granted subject only to the Department's standard dormancy condition, as established by Order 88-10-2, and other standard exemption conditions.

Counsel:  Alaska and Squire Sanders, Marshall Sinick, 202-626-6651

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American Airlines, Inc.

By Notice of Action Taken in this docket on September 13, 2002, American was allocated three frequencies for Dallas/ Ft. Worth-Tokyo nonstop service, with a dormancy date of June 1, 2003. Using previously allocated frequencies, American presently operates 11 weekly roundtrips in this market. We will increase service to 12 weekly trips on May 4, 2003, thereby using one of the three frequencies awarded last Septem­ber. While we had planned to add weekly trips 13 and 14 by June 1, 2003, we have now determined to defer such service until July 2, 2003.

American is currently seeking the allocation of two Narita slots U.S.-Tokyo Air Services, OST-2003-14489.

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

Alaska intends to make every effort to begin its new year-round service between Los Angeles and Guadalajara as soon as reasonably possible after receipt of the Department's and the Mexican Government's approvals. Alaska should not, however, be prohibited from availing itself of the Department's dormancy condition under which every U.S. carrier has operated to Mexico for nearly fifteen years. It would be especially inappropriate and clearly contrary to the public interest to approve early activation of American's back-up authority in view of the superior service proposal submitted by Alaska. Alaska's exemption application should be granted subject only to the Department's standard dormancy condition, as established by Order 88-10-2, and other standard exemption conditions.

Counsel:  Alaska and Squire Sanders, Marshall Sinick, 202-626-6651

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American Airlines, Inc. and Swiss International Air Lines, Ltd. d/b/a Swiss

On March 7, 2003, Swiss International Air Lines, LTD d/b/a Swiss filed a Notice in this docket stating that it planned to cease certain codeshare operations with American Airlines.  Swiss inadvertently noticed cease of codeshare operations for some market which are not currently being served on a codeshare basis.  Swiss hereby amends that Notice with a corrected list of operations that will be cancelled.

• Zurich (ZRH) - Tirana, Albania (TIA) 

• Zurich (ZRH) - Salzburg, Austria (SZG) 

• Zurich (ZRH) - Turin, Italy (TRN)

• Zurich (ZRH) - Gothenburg, Sweden (GOT)

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

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America Trans Air, Inc.

Order 2003-3-6, the Department (1) reissues the certificate issued to American Trans Air, Inc., by Order 98-7-6 to ATA Airlines, Inc. d/b/a ATA; (2) authorizes ATA Airlines, Inc., to use American Trans Air as a trade name; and, cancels the charter certificate issued to American Trans Air, Inc., by Orders 81-1-156 and 81-3-25.  On February 25, 2003, ATA filed an application to reissue its certificate and exemption authority in the name of “ATA Airlines, Inc. d/b/a ATA.” The change in corporate name will be accomplished by an amendment to its articles of incorporation upon approval of the application at hand. The carrier states that this is a change in 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 “American Trans Air” 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 American Trans Air.

ATA’s foreign certificate authority includes the following: Order 98-4-3, March 17, 1998, from the U.S. to various Caribbean points; Order 99-3-27, February 22, 1999, from New York to Shannon and Dublin, Ireland; and Order 2000­5-31, March 29, 2000, Indianapolis to Cancun. ATA holds the following exemptions: Los Angeles to Cancun, Chicago to Guadalajara, Chicago to Grand Cayman, Chicago to Cancun, Chicago to Puerto Vallarta, and Chicago to Costa Rica.

By: Randall Bennett

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Antonov Design Bureau

Exemption pursuant to 49 U.S.C. section 40109(g) to operate one one-way cargo charter flight from Columbus (Rickenbacker Airport), OH, to Seattle/Boeing Field, WA, during the period March 10-17, 2003, using its AN­124 aircraft to transport two outsized GE90-115B aircraft engines and related tooling and components. Antonov stated that General Electric Aircraft Engines (GEAE) urgently required delivery of the engines for installation on a second, newly designed Boeing-777-300ER airplane, and that timely delivery of the engines is a critical aspect of the overall flight test schedule. It further stated that the size of the engines, and the distance involved, foreclose the use of surface transportation for timely delivery; that in order to avoid undue delays, shipment by air was essential; and that because of the size of the cargo transportation on U.S. carrier aircraft was not possible.

By: Paul Gretch

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Cathay Pacific Airways Limited

Mr. William Evans was inadvertently omitted from the service list of the reply of FedEx Express, filed in the above docket on March 5, 2003. As the enclosed service list indicates, Mr. Evans has now been served by email and U.S. mail. FedEx Express regrets any inconvenience.

Counsel:  Federal Express, G. Bailey Leopard

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DHL Airways, Inc.

P. Charles Altimari / Edwin O. Bailey / Karen L. Butler / Mark L. Gerchick/ Patrick V. Murphy / Daniel N. Tenfelde

Counsel:  Mark Gerchick

Nancy S. Sparks/ Gina F. Adams

Counsel: Lachter Clements, Stephen Lachter, 202-862-4321

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Essential Air Service at Adak, Alaska

By: Dennis DeVany, 202-366-1061

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Essential Air Service at Fort Leonard Wood, Missouri

Response of Mesa Air Group on behalf of its wholly-owned subsidiary Air Midwest, Inc. to request proposals 2202-7-37 for competitive proposals between Cape Girardeau/Fort Leonard Wood, Missouri and Kansas City/Saint Louis, Missouri.

By: Scott Lyon, 602-685-4368, scott.lyon@mesa-air.com 

Memorandum from Dennis J. DeVany to Ronale Taylor stating that since alternate transportation arrangements have been made by Corporate Airlines, Corporate should be compensated as if the flights had actually been flown until the construction project at Fort Leonard Wood is completed and the carrier can return to its normal flight schedule.

By: Dennis DeVany

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Essential Air Service at Grand Island, Nebraska

By Order 2003-2-10, issued February 12, 2003, served February 18, 2003, the Department requested proposals from air carriers interested in providing essential air service at Grand Island, Nebraska. These proposals were due within 20 days after the date of service of Order 2003-2-10, i.e., by March 10, 2003. We have received a request from MultiAero, Inc., for a twenty-day extension of this due date. In support of its request, MultiAero affirms that it will deliver to the Department of Transportation all required documentation on or before March 31, 2003. We will grant this request. As is our normal practice, we will therefore grant all potentially interested applicants until March 31, 2003, to submit service proposals for any or all of the subject points.

By: Dennis DeVany

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Essential Air Service at Oshkosh, Wisconsin

Ex Parte Letter from Norman Y. Mineta, Secretary of Transportation, to the Honorable Russell D. Feingold, United States Senate, thanking him for his letter of January 16, enclosing correspondence from Mr. Duncan Henderson, Airport Director of the Wittman Regional Airport, regarding the U.S. Department of Transportation's recent order tentatively proposing to discontinue the subsidy eligibility of Oshkosh, Wisconsin, under the Essential Air Service (EAS) program.

By: Norman Mineta

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Essential Air Service at Quincy, Illinois - St. Louis, Missouri

Ex Parte Letter from Norman Y. Mineta, Secretary of Transportation, to The Honorable Richard J. Durbin, United States Senate, thanking him for his January 29 letter concerning Corporate Airlines' notice to the U.S. Department of Transportation to suspend its unsubsidized scheduled service between Quincy and St. Louis.

By: Norman Mineta

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Essential Air Service between Staunton, Virginia and Pittsburgh, Pennsylvania

Letter from Norman Y. Mineta, Secretary of Transportation, to the Honorable Bob Goodlatte, U.S. House of Representatives, thanking him for his letter of November 19, cosigned by Senator John Warner and Senator George Allen, concerning the proposals to seve the Shenandoah Valley Regional Airport under the Essential Air Service program administered by the U.S. Department of Transportation.

By: Norman Mineta

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Evergreen International Airlines, Inc.

Evergreen has applied for a waiver from the 90-day dormancy condition with respect to its allocation of one weekly all-cargo frequency for services between the U.S. and Thailand. The frequency allocation is subject to the condition that it will expire automatically and revert to the Department if it is not used for a period of 90 days. Evergreen requests the waiver through March 31, 2004. The Department has granted Evergreen previous waivers from the 90-day dormancy condition. (See, e.g., Order 2001-11-15 and Notice of Action Taken dated March 22, 2002.) Under the terms of the latest waiver, Evergreen’s frequency allocation would expire automatically if Evergreen does not provide service by March 31, 2003. Evergreen stated that it had anticipated that economic conditions would improve and that it could resume service prior to the expiration of its last dormancy waiver; however conditions have not improved and Evergreen is not in a position to resume service in the foreseeable future.

In March 2002, when we last issued Evergreen a waiver for this frequency through March 31, 2003, we placed the carrier on notice that “there should be no expectation that an additional request will similarly be granted.”. In the circumstances presented now, and taking into consideration the record before us, we find that the public interest would be best served by reassigning this frequency to the unallocated pool of frequencies so that whenever Evergreen or another carrier has firm plans to use it, it may apply for the frequency accordingly.

By: Paul Gretch

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HMY Airways Inc.

Hereby applies for an exemption from 49 U.S.C. § 41301 to provide scheduled foreign air transportation of persons, property and mail between a point or points in Canada and a point or points in the United States. HMY requests that the authority requested here be granted on or before March 21, 2003, and be made effective for a two year period.  On March 6, 2003, the Canadian Transportation Agency (CTA) issued Decision No. 124-A-2003 authorizing HMY to operate scheduled international service using large aircraft between points in Canada and points in the United States. That CTA decision is attached hereto as Exhibit A.

HMY has operated successful U.S.-Canada charter service since November 2002 between Calgary, Edmonton, and Vancouver, on the one hand and Los Angeles and Los Vegas on the other. That service is operated with the identical B757 equipment that will be used for HMY's inaugural U.S.-Canada scheduled service between Vancouver and Las Vegas.

HMY is requesting expedited approval of this application in to begin promotional and marketing activities and scheduled operations as early as possible. More specifically, HMY would like to list its proposed services in the OAG and other global distribution systems at the earliest opportunity. For that reason HMY is requesting that answers to this application be submitted by March 17 2003 and that the Department approve this application on or before March 21, 2003. In the alternative, HMY requests that the Department waive its requirements by March 21 to the extent necessary to permit HMY to engage in advance sales and marketing of its Vancouver - Las Vegas service, with a "subject to government approval" qualification. Although HMY regrets the need to request expedited treatment for this application it respectfully submits that it prepared and filed this application as quickly as possible considering its Canadian authority was not granted until March 6, 2003.

Counsel: Boros Garofalo, Gary Garofalo, 202-822-9070

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Intra-Alaska Class Service Mail Rates

The Rural Service Improvement Act (RSIA) provides for the Secretary of Transportation and the Postal Service to take certain actions beginning 6 nonths after its enactment date of August 2, 2002. Hageland Aviation is concerned about the apparent failure of both the Department and the Postal Service to pursue such actions.

By:  James Tweto, 907-245-0119

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Northwest Airlines, Inc.

Northwest seeks renewal of an exemption authorizing it to engage in scheduled foreign air transportation of persons, property and mail between Minneapolis/St. Paul, Minnesota and Puerto Plata. This exemption authority was last granted in Docket OST-97-2609 by Notice of Action Taken dated May 7, 2001, effective through May 7, 2003.  Northwest will continue to operate a weekly service during the winter season. Northwest will utilize 150-seat A320 aircraft (configured with 12 first class seats and 138 economy class seats) from its present fleet or as Northwest hereafter shall acquire.

Counsel: Megan Rosia, 202-824-3193, megan.rosia@nwa.com 

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Polar Air Cargo, Inc.

On March 5, 2003, Polar Air Cargo, Inc. gave notice of a new code­share service with Qantas Airways Limited and requested a waiver of the otherwise applicable 30-day advance notice requirement. We have polled the carriers served with the application (American, Continental, Delta, Northwest, United, FedEx, UPS, Evergreen, Gemini, Amerijet International, World, Kitty Hawk and AIA) and have been authorized to state that none objects to the waiver request.

Counsel: Russell Pommer, 202-354-3843, rpommer@atlasair.com 

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PrivatAir S.A.

By: Chris Randle

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SkyService Airlines Inc./ Lignes Aeriennes SkyService Inc.

Hereby applies for renewal of its exemption from 49 U.S.C. § 41301 to provide scheduled foreign air transportation of persons, property and mail between a point or points in Canada and a point or points in the United States. The authority for which renewal is requested was initially granted by Notice dated January 25, 2001 and Skyservice requests that this authority, which is now scheduled to terminate on March 13, 2003, be renewed for an additional period of not less than one year.

Counsel: Boros Garofalo, Don Hainbach

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U.S.-Tokyo Air Services (Slots at Narita Airport)

American's addition of a 12th weekly roundtrip between Dallas/Ft. Worth and Tokyo, which had been planned for March 30, 2003, has been deferred to May 4, 2003. American's proposed start-up date of weekly roundtrips 13 and 14 in the Dallas/Ft. Worth-Tokyo market, using the Narita slots we are seeking in this proceeding, is now July 2, 2003. American is this day seeking a temporary dormancy waiver in OST-1998-3419 with respect to two Dallas/ Ft. Worth-Tokyo frequencies to reflect the proposed July 2 date.

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

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Volga-Dnepr J.S. Cargo Airline

Exemption pursuant to 49 U.S.C. section 40109(g) to permit it to operate one one-way cargo charter flight between Cape Canaveral Air Force Station, FL, and Denver, CO, on/about March 9-10, 2003, using its AN-124 aircraft, to transport outsized cargo consisting of a Centaur IIIAVC002 upper stage payload and ground support equipment, on behalf of Lockheed Martin Space Systems. The applicant stated that Lockheed Martin required urgent delivery of the equipment in order to complete repair activities within the limited time available prior to its return to Cape Canaveral by April 3, 2003, for launch integration activities. It also stated that the cargo is too large for transportation on U.S. carrier aircraft, and that surface transportation was not feasible because of the time involved, the delicate nature and high value of the cargo, and conditions unsuitable to maintaining system integrity compliance.

By: Paul Gretch

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