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Last Updated 03/27/03 09:26 PM

Applications and Renewals: 

IATA - Pricing Agreements

EAS at Lebanon, NH - Intent to Terminate Service by Colgan

European Air Transport - East Midlands-Brussels Codedhare with DHL

Reliant and Kalitta - Transfer of Certificate

Servicios Aereos Gana - Mexican Taxi Renewal

Servicios Aeronauticos - Mexican Taxi Renewal

TourJets - Withdrawal of Application

Answers and Replies: 

AllCanada - Supplemental Motion to Withhold Information

American and British Airways - Affidavits

American Eagle - Motion for Confidential Treatment (Form 41)

Citizenship of DHL - Supplement to Motion by UPS

Continental / CO/DL/NW - Comments of Air Carrier Association (Temporary Blanket Waiver) / Alliance Agreement

Federal Express - Motion for Confidential Treatment (Form 41)

Republic Airlines - Reply of Republic

Notices of Action Taken:

Aeromexico/Delta - Mexico-US

Freedom - US-Canada

Mesa - US-Canada

Notices and Orders:

EAS at Massena, Ogdensburg, and Watertown, NY - Order Affirming Previous Action

Aerovias de Mexico, S.A. de C.V. and Delta Air Lines, Inc.

Exemption for Aeromexico for one year under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between the terminal point San Jose del Cabo, Mexico, and the terminal point Ontario, California. Aeromexico intends to operate this service under a code-share arrangement with Delta on flights operated by Aeromexico.

Exemption for Delta for two years under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Ontario, California, and the terminal point San Jose del Cabo, Mexico; and (2) the terminal point Las Vegas, Nevada, and the terminal point Monterrey, Mexico, and to combine this exemption authority with all of Delta's existing certificate and exemption authority, consistent with international agreements.

Statement of Authorization for Aeromexico for indefinite duration under Part 212 of the Department's Regulations to: Display Delta's "DL" designator code on flights operated by Aeromexico between (1) San Jose del Cabo, Mexico, and Ontario, California, and (2) Monterrey, Mexico, and Las Vegas, Nevada.

Aeromexico already holds exemption authority to serve the Monterrey-Las Vegas market. See Notice of Action Taken dated December 23, 2002, in Docket OST-2001-11036.

By: Paul Gretch

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AllCanada Express Inc. d/b/a AllCanada Express

Counsel: Meyers Alterman, Stephen Alterman, 202-293-1030

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American Airlines, Inc. and British airways Plc

By: Leftwich & Douglas, Rebecca Taylor

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American Eagle Airlines, Inc.

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

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Citizenship of DHL Airways, Inc.

Yesterday, United Parcel Service Co. filed a Motion requesting that the Department investigate the merger between DHL Worldwide Express, Inc. and Airborne, Inc. Enclosed herein please find a Joint Press Release of Airborne and DHL, dated March 25, 2003, which should have been attached to UPS' Motion. Please post accordingly in docket OST-2002-13089.

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

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

As a result of growing economic problems, as emphasized by the arguments made by Continental, the Department should immediately suspend consideration of the Continental, Delta, and Northwest Request for Alliance Approval. Considering the perilous economic times facing the entire industry, it would not be in the public interest to allow three of the nation's largest carriers to combine certain operations while they seek economic relief from other requirements. Certainly, the economic problems cited by Continental apply to all carrier operations and future economic survival.

Counsel:  ACAA, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com 

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Essential Air Service at Lebanon, New Hampshire

The level of Essential Air Service established for Lebanon requires two daily trips between Lebanon and New York City and Lebanon and Boston, MA. In September of 2000, Colgan Air, Inc. commenced service between Lebanon, New Hampshire and New York LaGuardia Airport with the 19-seat Beechcraft 1900 aircraft. This service was previously operated by another US Airways Express carrier, Air Midwest Airlines. Air Midwest, at the same time, operated service between Lebanon and Philadelphia which has subsequently been discontinued.

Colgan Air has determined it cannot continue to operate this service economically, without subsidy due to the decline in passenger traffic and increases to fuel and insurance expenses. During 2002, Colgan carried 12,482 passengers for a load factor of 37%. During the period from January through March 2003, Colgan has experienced a reduction of more than 10% in year over year passenger traffic.

By: Michael Colgan

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Essential Air Service at Massena, Ogdensburg, and Watertown, New York

We are denying the Petition for Reconsideration filed jointly by the City of Watertown, the Town of Massena and the Ogdensburg Bridge and Port Authority, and are affirming our decision in Order 2003-2-5 reselecting Air Midwest, Inc., d/b/a US Airways Express (Air Midwest) to continue providing essential air service at the Upstate New York communities of Massena, Ogdensburg and Watertown to Pittsburgh for a new two-year term.  However, by this order we are also allowing Air Midwest to operate either to Pittsburgh, as originally selected, or to Albany as it proposed in one of its options, at the lower Pittsburgh subsidy rate.

While we continue to find that Pittsburgh offers far more access to the national air transportation system than Albany, and that current proposals require $.5 million a year more subsidy than service to Pittsburgh, we also want to be responsive to the communities’ wishes to the extent feasible. The communities have offered a number of arguments, including an extensive study of passenger demand, as to why the service to Albany would actually attract more passengers than the traditional Pittsburgh service. Projecting passenger demand via different hubs is difficult at best, and since the September 11 terrorists attacks, has been next to impossible. Nonetheless, the communities are convinced that the Albany service would be more successful. In order to balance all of these competing interests, we are prepared to allow Air Midwest the option to serve either Pittsburgh, as originally selected, or Albany as it proposed in its Option 2, but at the rate established in Order 2003-2-5 for the Pittsburgh only service.

By: Read C. Van de Water

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European Air Transport N.V.

Hereby applies for an exemption from 49 U.S.C. § 41301 and a statement of authorization under 14 C.F.R. Part 212 to permit EAT to operate scheduled all­cargo services between East Midlands, U.K., and Brussels, Belgium, on which the two-letter designator code of DHL Airways, a U.S. all-cargo carrier, will be displayed, for the transportation of U.S.-originating cargo on a blind sector basis.

EAT now seeks authority to place Airways' code on EAT-operated services between East Midlands and Brussels for the purpose of transporting U.S.-originating cargo, on a blind sector basis, effective immediately upon receipt of Department approval of this application.  

EAT currently operates daily all-cargo chartered flights between East Midlands and Brussels. EAT operates these flights utilizing a fleet of leased Airbus A300B-4's, Boeing 727-100's, Boeing 727-200's and Boeing 757-200's.

EAT seeks this authority to enable Airways to offer a vital link in air transportation between JFK and the Middle East. Airways offers air transportation service between JFK and East Midlands under its code on flights operated by Kalitta Air L.L.C. and between Brussels and Kuwait and Dubai, via Bahrain, under its code on DHLIEC-operated  flights . The granting of the authority requested herein will enable Airways to integrate its JFK­East Midlands services with its Brussels-Bahrain-Dubai/Kuwait services.

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

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Federal Express Corporation

Counsel: Melissa Paul, 901-434-8580

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Freedom Airlines, Inc.

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Canada. Freedom intends to operate this service under a code­share arrangement with America West Airlines whereby that airline will place its code on flights operated by Freedom.

Freedom Airlines is an affiliate of Mesa Airlines. We have been advised by Mesa that Freedom plans to operate the authority at issue here until Mesa is in a position to operate this authority in its own name. In this regard, Mesa states that it anticipates transferring certain aircraft authority of Freedom to Mesa in 2003, and that Mesa does not plan to offer U.S.-Canada services until this transaction is consummated. See supplement to application of Mesa Airlines, dated March 5, 2003, Docket OST-03-14606.

By: Paul Gretch

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International Air Transport Association

PTC2 EUR 0506 dated 28 March 2003 Mail Vote 286 - Resolution 010y TC2 Within Europe Special Passenger Amending Resolution from Italy to Europe Intended effective date: 1 April 2003

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

PTC2 EUR 0508 dated March 2003 Mail Vote 289-Resolution 010b TC2 Within Europe Special Passenger Amending Resolution from Croatia to Europe Intended effective date: 10 April 2003

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

PTC COMP 1020 dated 21 March 2003 Resolutions r1-r13 PTC COMP 1021 dated 21 March 2003 Resolutions r140r38 PTC COMP 1023 dated 25 March 2003 Technical Correction PTC COMP 1025 dated 28 March 2003 Technical Correction PTC COMP 1026 dated 28 March 2003 Technical Correction PTC COMP 1022 dated 25 March 2003 Minutes Intended effective date: 15 April 2003

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

Mail Vote 278 PTC12 NMS-AFR 0160 dated 14 March 2003 North Atlantic-Africa Resolutions r1-r20 PTC12 NMS-AFR 0163 dated 21 March 2003 - Minutes PTC12 NMS-AFR Fares 0081 dated 21 March 2003 - Tables Intended effective date: 1 May 2003

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

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Mesa Airlines, Inc.

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Canada. Mesa intends to operate this service under a code-share arrangement with America West Airlines whereby that airline will place its code on flights operated by Mesa.

Mesa has advised us that Freedom Airlines, a Mesa affiliate, is also seeking U.S.-Canada authority so that Freedom can operate until Mesa is in a position to operate this service in its own name. In this regard, Mesa states that it anticipates transferring certain aircraft authority of Freedom to Mesa in 2003, and that Mesa does not plan to offer U.S.-Canada services until this transaction is consummated. Mesa states, however, that, in the interim, Freedom will operate U.S.-Canada services until the transaction is completed. See Application of Freedom Airlines, filed February 21, 2003, Docket OST-03-14574.

By: Paul Gretch

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Reliant Airlines, Inc. and Kalitta Charters II, LLC.

Counsel: Kalitta, Tom Warner, 734-544-3400, twarner@kalittacharters.com / Reliant, Kelsey Law Group, Reese Zantop, 734-973-1222

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Republic Airlines Inc. d/b/a Republic Airlines

While Republic respects Mr. Moninski's right to submit comments in this matter, we submit that nothing contained in his letter warrants delay or disapproval of the application.

Counsel:  Shaw Pittman, Robert Cohn, 202-663-8060

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Servicios Aereos Gana, S.A. de C.V.

Counsel: Julio Santos, 011-52-81-8319-7784

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Servicios Aeronauticos Z, S.A. de C.V.

Counsel: Daniel Elizondo, 210-922-2855

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TourJets

As widely evidenced, the state of the U.S. economy since September 2001 has worsened and the prolonged recession caused air travel to decrease considerably. While these factors were beyond Tourjets control, it is in our control to adjust our initial scope of operation and select equipment and schedules accordingly. In January 2003 it became apparent that the Unites States may be at War and that our initial operation would not be feasible to commence in March 2003. Hence, we searched for a solution to provide us with the ability to commence operations as soon as possible, but initially within a smaller scale.

In February we began the negotiations to purchase an existing small air carrier. The Company we intend to purchase has been issued an air carrier certificate and is currently operational. Our management and operational structure, remains largely unchanged and our operating plan consistent with our plan first filed with the Department with the exception of the type of aircraft. We intend to operate smaller aircraft and to expand gradually, adding larger aircraft onto the certificate in the way that will assure proper service to the public in our selected markets.

By: TourJets, Serge Feller

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