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Last Updated 03/17/03 11:46 AM

Applications and Renewals: 

EAS at Athens, GA - Notice of Air Midwest to Terminate Scheduled Service

IATA - Pricing Agreement

Spirit - Certification, Interim Slots at LaGuardia Airport

Answers and Replies: 

American and British Airways - Affidavits of Counsel for United, Delta

Cathay Pacific - Surreply of Cathay Pacific to Federal Express - US-Hong Kong

Citizenship of DHL - Motion of UPS 

CRS Regulations - Comments

CRS Extension - Comments

EAS at Riverton, WY - Objection of City of Riverton to Great Lakes' Notice of Termination

Lan Dominicana -  Airline Family Assistance Plan/ Warsaw Agreement/ Passenger Manifest Information

United and Tyrolean - Polling Letter

Notices of Action Taken:

Aeromexico and Mexicana - Mexico-US

American - US-Yugoslavia/Macedonia

Notices and Orders:

None

Compania Mexicana de Aviacion, S.A. de C.V. and Aerovias de Mexico, S.A. de C.V.

Exemption from 49 USC section 41301 to permit AEROMEXICO to conduct scheduled, combination service between Guadalajara, Mexico, and Oakland, California (and to conduct this service only by codeshare with MEXICANA). A Statement of Authorization under 14 CFR Part 212 to permit AEROMEXICO to carry MEXICANA's designator code on AEROMEXICO's scheduled services operated between Guadalajara, Mexico, and Ontario, California; and between Leon/El Bajio, Mexico, and Los Angeles, California. Also, a Statement of Authorization under 14 CRF Part 212 to permit MEXICANA to carry AEROMEXICO's designator code on MEXICANA's scheduled services operated between Guadalajara, Mexico, and Oakland, California.

By: Paul Gretch

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American Airlines, 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, on the one hand, and a point or points in Serbia and Montenegro (formerly Yugoslavia) and Macedonia, on the other, and to integrate this authority with American's existing certificate and exemption authority. American intends to operate this service pursuant to a code­share arrangement with Swiss International Air Lines Ltd d/b/a Swiss.

By: Paul Gretch

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American Airlines, Inc. and British Airways Plc

Counsel: Bruce Rabinovitz, Jeffrey Manley, Cathleen Peterson, Caryn Carvin, Kenneth Hines

Counsel: Alexander Van der Bellen, Jonathan Echmalian

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Cathay Pacific Airways Limited

Cathay resents the implication that it might operate services in violation of the clear restrictions stated in the bilateral. Second, although the Department clearly has a responsibility to insure that operations by both Hong Kong and U.S. airlines comply with the agreement, that responsibility is shared equally by the Hong Kong government. Finally, as Cathay stated in its reply to United, it is willing to provide notice to the Department of the points it decides to serve and of the fifth freedom frequencies it is authorized to operate by Hong Kong.  

Counsel: Piper Rudnick, William Evans, 202-371-6030, bill.evans@piperrudnick.com 

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Citizenship of DHL Airways, Inc.

By this pleading, United Parcel Service Co. requests that the Department of Transportation release for public viewing all documents and other materials presented to the Department by DHL Airways, Inc. or any of its affiliated or parent companies in the course of any informal process that the Department may have used in reviewing the citizenship of DHL Airways or control of this carrier by foreign entities.

Counsel: Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com 

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Computer Reservation Systems

Air Canada looks forward to the opportunity to participate in the U.S. DOT Rulemaking Process. We feel the timing is opportune as we are currently exploring opportunities to participate in CRS regulations reform in Canada and in the European Union. The following is a discussion of Air Canada's position with regard to specific sections of the CRS Rules and our proposed opportunities for improvement. This document has been prepared with the collaboration of various departments of Air Canada, particularly the Product Distribution department.

Counsel: Air Canada, John Baker, 514-422-7275

Air France favors the continuation of the Department's CRS Rules, and especially the current rules that prohibit CRS screen display bias and discriminatory booking fees. In these comments Air France focuses on five of the Department's key proposals for change: (1) the end of the mandatory participation rule which Air France supports; (2) the proposed end to the prohibition on discriminatory booking fees which Air France opposes; (3) the decision not to extend the CRS rules against display bias to Internet providers, or at least propose a rule to protect consumers from misleading Internet displays which Air France would favor; (4) the proposed prohibition on productivity pricing schemes in travel agency contracts which Air France supports; and (5) proposals to restrict the sale of CRS booking data which Air France opposes.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305

Alitalia believes there is no evidence of carriers misusing MIDT data, on the contrary, this data enables carriers to improve commercial strategies and planning in order to customise services, offer better prices, increase profitability and efficiency by meeting demands of marketplace for both customers and travel agents. Transparency on information promotes competition and marketplace functions more efficiently when interested parties can access information about supply and demand chain. Alitalia strongly urges the Department to consider the heavy impacts that the proposal has on our Company’s business processes with associate consequent difficulty in finding alternative solutions at an acceptable cost, giving the economic state of the airline industry.

By:  Alitalia

If the Department is really interested in helping consumers, it should focus on issues other than subscriber contract terms and "switching". Instead, the Department should enact rules that prevent airlines from inhibiting the newest software travel agencies use to access airline and other travel related web sites in search of the lowest fares. The Department seems more concerned with potential monopolistic practices of airline code sharing and have lost sight of the existing monopolistic practices of airlines, when it comes to consumer information made available only through channels controlled by the airlines. If left unregulated, it will ultimately provide for limited points of access (purchase) to limited carriers and limited consumers and will most certainly not include low cost or start up airlines. The Department should also take steps to prevent CRS­affiliated airlines from exerting pressure to influence a customer's choice of travel agency.

By: David Koteskey

Counsel: Collier Shannon, Willie Hudgins, 202-342-8586, WHudgins@colliershannon.com 

Lufthansa Systems respectfully urges DOT not to adopt any of these restrictions on airline access to MIDT. By providing detailed and prompt information on consumer preferences and purchasing patterns, MIDT allows airlines and other market players to shape their services, compensation levels, and prices on the basis of market forces. MIDT thus not only enables these entities to operate more efficiently and reduce costs, but also to judge their customers’ needs more accurately and satisfy them more effectively. Ultimately, the consumer profits from the increased competition that comes from the ability of airlines and other entities to compete aggressively on the basis of market information gleaned from MIDT.  Lufthansa Systems agrees, however, with DOT’s observation that, although Section 255.10 currently requires that each CRS make MIDT available to all participating airlines on nondiscriminatory terms, smaller airlines are disadvantaged as a result of high MIDT prices.

Counsel:  Mayer Brown, Lily Swenson, 202-263-3300, lswenson@mayerbrown.com 

Travel agents rely on CRSs to obtain a wide variety of information about available airline routes and fares. Because of the regulations adopted for CRSs, consumers and the travel agents who serve them have had access to remarkably accurate comparative information regarding fares for airline travel. The regulations have permitted travel agents to provide seamless comparisons quickly and efficiently between the fares of a majority of the airlines. CWT believes consumers have ultimately benefited not only from the participation of virtually all the airlines in CRSs, but also from competition between rival CRSs. The regulations have generally proved effective in fostering competition among airlines and CRSs. Unfortunately, the regulations have not foreclosed all avenues to anticompetitive conduct.

By: John Lewis

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Computer Reservation Systems (CRS) Regulations - Extension 

Virgin Atlantic welcomes the Department’s proposal to retain many of its existing rules governing airline computer reservation systems. However, we are concerned by the Department’s proposals to eliminate the mandatory participation rule and the rule preventing CRSs from charging discriminatory fees. Indeed, we believe that these rules should apply to all major US airlines and CRSs, respectively. We are also concerned by the Department’s proposal to limit or eliminate access to data currently available to airlines via Marketing Information Data Tapes.

Counsel: Garfinkle Wang, Elliott Seiden, 703-522-0967, elliottseiden@gwsmplc.com 

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Essential Air Service at Athens, Georgia

Order 88-2-31 set forth the essential air service determination at Athens, Georgia to require two nonstop roundtrips each weekday and each weekend to Atlanta, Georgia or two one stop roundtrips each weekday and each weekend to Charlotte, North Carolina. Air Midwest is currently operating three nonstop weekday, one Saturday and two Sunday roundtrips to Charlotte, North Carolina using Beech 1900D aircraft.

Though Air Midwest would prefer to continue providing scheduled air service in Athens, the substantial costs resulting from increased federal regulations for regional carriers makes it impossible to continue without Essential Air Service subsidy. The absence of this subsidy requires Air Midwest to advise the Department that scheduled air service will be discontinued.  At present, Air Midwest is the sole provider of certificated scheduled air service at Athens, Georgia.

Counsel:  Mesa, Colleen Marie O'Day, 602-685-4119

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Essential Air Service at Riverton, Wyoming

The City of Riverton and Riverton Regional Airport request that the Department of Transportation order Great Lakes Aviation, Ltd. to "hold-in" pursuant to authority granted in the Essential Air Service program until the Department has the opportunity to solicit and consider proposals for subsidized service.  The City of Riverton and Riverton Regional Airport have no commercial air service other than provided by Great Lakes Aviation, Ltd.  The City of Riverton is the largest city and major business/commercial center of west-­central Wyoming. It is nestled in a broad valley below the Wind River Mountain Range. Riverton is traversed by U.S. Highway 26 on the East/West axis and State Highway 789 on the North/South axis. The Riverton Regional Airport provides critical access to the region for numerous small manufacturers, other corporations, government agencies and individuals who have an interest in the area. The City of Riverton had a population of 9,310 according the 2000 Census with Fremont County recording a population of 35,804. Riverton Regional Airport is the only commercial airport in Fremont County and is in excess of 120 miles from the next closest commercial airport.

By:  John Vincent, Mayor

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International Air Transport Association

PTC2 EUR 0499 dated 14 March 2003 Mail Vote 282 - Resolution 010v TC2 Within Europe Special Passenger Amending Resolution from France to Europe Intended effective date: 28 March 2003.

Counsel: IATA, David O'Connor, 202-293-9292

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Linea Aerea de Navegacion Dominicana, S.A. d/b/a Lan Dominicana

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com 

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com 

Correspondence on Lineas Aerea de Navegcaion Dominicana, S.A., d/b/a Lan Dominicana submitting its Passenger Manifest Data pursuant to Part 243 of the Department's Regulations.

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com 

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Spirit Airlines, Inc.

Certification of Spirit Airlines, Inc. pursuant to Order 2000-4-10 and 14 CFR Section 302.4(b), submitting information concerning its recent allocation by lottery of two (2) operating slots at New York's LaGuardia Airport.  Spirit will use its two additional slot exemptions at LGA so that it may provide an additional daily nonstop roundtrip between LGA and Fort Lauderdale, Florida (FLL).  Spirit intends to operate its proposed LGA services using only Stage 3-compliant MD-80 series aircraft.

Spirit requests two (2) LGA-FLL slots on or before May 1, 2003. The times for the requested slots are as follows:

• Arrive   1930

• Depart  2030

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

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United Air Lines, Inc. and Tyrolean Airways

We have polled the representatives of all carriers on the service list attached to the Notice of United Air Lines, Inc. and Tyrolean Airways and Request for Waiver filed in the above referenced docket on March 5, 2003. All carriers' representatives have advised us that they have no objection to the granting of the request for a waiver of the 30-day notice requirement.  American Airlines filed an objection on March 6, 2003, but notified Counsel for United via e-mail on March 14, 2003, that it withdraws that objection.  OST-03-14319

Counsel:  Wilmer Cutler, Jeffrey Manley, 202-663-6000 for United

Index

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