OST Filings for March 28, 2003

Hereby applies for renewal of its exemption, as renewed and amended by Notice of Action Taken in this docket on June 8, 2001, authorizing integration of American's route authority (certificates and exemptions) extant on the date of renewal.

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

Index

Atlas Air, Inc.

OST-02-11985

Filed March 17, 2003
Issued March 28, 2003

Notice of Action Taken

US - Brazil

Atlas seeks a dormancy waiver for five of its ten US-Brazil all-cargo frequencies through September 30, 2003. By Notice of Action Taken dated February 4, 2003, in this docket, the Department granted Atlas a dormancy waiver for two of its ten US-Brazil frequencies through May 9, 2003. Atlas requests a six-month extension through September 30, 2003, of its current waiver of the 90-day dormancy condition applicable to two of its ten US-Brazil all-cargo frequencies. Atlas also seeks a waiver for three additional frequencies that it had previously been using through September 30, 2003.

We find that grant of Atlas' request, in the particular circumstances presented, is in the public interest. However, we are putting Atlas on notice that there should be no expectation that an additional request will similarly be granted. As is our policy in considering dormancy waiver requests, we reserve the right to reexamine whether grant of this waiver continues to be in the public interest. Any future request to extend the dormancy waiver for the frequencies at issue here will have to be considered in light of the specific arguments offered and responses thereto, and in the context of the circumstances present at that time, including whether another carrier seeks to use the frequencies at issue.

By: Paul Gretch

Index

Computer Reservation Systems

OST-03-14484

March 27, 2003

Extension of CRS Regulations

Federal Register Publication for March 31, 2003

Extension of Expiration Date through January 31, 2004

We have determined to adopt our proposal to change the sunset date to January 31, 2004. We obviously cannot complete our overall reexamination of the rules by March 31, and we continue to believe that we may well need an additional ten months to complete that proceeding. The comment period for reply comments will end on May 15, and we must then analyze the comments, decide what final rules should be adopted, and draft a final rule. The final rule must be reviewed by the Office of Management and Budget. This entire process may require ten months for completion, especially given the complex and controversial issues presented in that rulemaking.

We will, of course, try to issue a final rule as soon as possible rather than wait until the new January 31 sunset date. Adopting a shorter extension at this time might well require us to conduct an additional rulemaking to change the date again, which would be an inefficient use of Government resources and interfere with our intent to focus on completing the overall reexamination of the rules as promptly as possible. A shorter extension might also keep us from thoroughly and carefully examining the issues before making our final decision on whether CRS rules remain necessary and, if so, how they should be changed.

By: Norman Mineta

Index

Citizenship of DHL Airways, Inc.

OST-02-13089

March 28, 2003

Motion for Leave to File and Surreply of United Parcel Service to Reply of DHL Airways

Citizenship of DHL Airways, Inc.

United Parcel Service Co. respectfully requests the Department of Transportation to release the documents filed by DHL Airways described above and institute a public docketed proceeding before an Administrative Law Judge. In addition, UPS requests such other and further relief as may be deemed just and necessary.

Counsel: UPS and Kelley Drye, David Vaughan, 202-955-9792, dvaughan@kelleydrye.com

Index

DHL International E.C. and European Air Transport N.V.

OST-99-5470
OST-02-12903

March 28, 2003

Joint Reply of DHL Airways and European Air Transport to Answer and Memorandum of Federal Express

Exemption and Statement of Authorization (Brussels-Bergamo-Bahrain-Dubai-Kuwait) / Amendment of an Exemption - Wet-Lease

Fed Ex has offered no legitimate basis for the Department to delay approval of DHLIEC's and EAT's pending applications. Those applications are in the U.S. public interest and consistent with the terms of the U.S.-Bahrain and U.S.-Belgium bilateral open skies agreements that govern the proposed operations. The proper forum for the Department to address Fed Ex's allegations about Airways is the separate proceeding the Department has established for that specific purpose.

Related Dockets: OST-02-13590 | OST-02-13256 | OST-02-13089

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

Index

Guja, S.A. de C.V.

OST-97-2091

March 28, 2003

Application for Renewal of Exemption

U.S.- Mexico Charter Air Transportation

Counsel: Roller Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com

Index

International Air Transport Association

OST-03-14818

March 27, 2003

Supplement to Application for Approval of Agreements

Pricing Agreement

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

Index

Linea Aerea de Navigacion Dominicana S.A. / Linea Aerea Nacional Chile, S.A. (Lan Chile)

OST-03-14701
Undocketed

March 28, 2003

Answer of Continental Airlines

Exemption/Statement of Authorization - Wet Lease - Dominican Republic-US Scheduled Passenger

Lan Dominicana, an airline 49% owned by a subsidiary of Lan Chile and 51% owned by a company which would not qualify as a citizen of the Dominican Republic applying U.S. standards applicable to airline ownership, has applied for exemption authority to provide air transportation of persons, property and mail between Santo Domingo and New York, Miami and San Juan and between Punta Cana and New York and Miami using aircraft operated by Lan Chile. Lan Chile has applied for a statement of authorization to provide an unlimited number of flights for Lan Dominicana for a one-year period. Lan Dominicana will join Lan Peru and Lan Ecuador as affiliates of Lan Chile conducting operations using Lan Chile aircraft and crews if its application is approved. Although Continental remains concerned about the proliferation of Lan Chile clones throughout Latin America, where Lan Chile already operates pursuant to an antitrust-immunized alliance with American Airlines, the largest U.S. airline and the predominant U.S. airline in Latin America, Continental does not object to this application of Lan Dominicana. Nonetheless, Continental is increasingly concerned about Lan Chile's plan "to expand LanChile's route network and improve efficiency by creating new affiliates throughout Latin America.

Counsel: Continental and Crowell Moring, Bruce Keiner, 202-64-2615, rbkeiner@crowell.com

Index

Mid-Atlantic Freight, Inc.

OST-02-14145

March 28, 2003

Re: Information Request

Scheduled Passenger Operations as a Commuter Air Carrier

It is my understanding that the company expects no expenses for passenger handling at Manteo. Please elaborate on the basis for this assumption.

By: DOT, Delores King

Index

Northwest Airlines, Inc.

OST-97-2609

Filed March 10, 2003
Issued March 28, 2003

Notice of Action Taken

US - Dominican Republic

Scheduled foreign air transportation of persons, property, and mail between Minneapolis/St. Paul, Minnesota, and Puerto Plata, Dominican Republic.

By: Paul Gretch

Index

US Airways, Inc.

OST-03-14650

Filed March 5, 2003
Issued March 25, 2003

Notice of Action Taken

US - Argentina Codeshare with United Air Lines

Scheduled foreign air transportation of persons, property and mail (i) between the United States and Buenos Aires, Argentina; (ii) beyond Buenos Aires to Montevideo, Uruguay; and (iii) between the United States and Montevideo, Uruguay. US Airways intends to place its code on flights operated by United Air Lines.

By: Paul Gretch

OST-03-14651

Filed March 5, 2003
Issued March 25, 2003

Notice of Action Taken

US - Brazil Codeshare with United Air Lines

Scheduled foreign air transportation of persons, property and mail between a point or points in the United States, on the one hand, and Rio de Janeiro and Sao Paulo, Brazil, on the other hand. US Airways intends to operate this service on a code-share basis with United Air Lines.

By: Paul Gretch

OST-96-1826
( former Docket 48735)

March 28, 2003

Motion for Confidential Treatment

Form 41; Schedule B-7 and B-43

Counsel: O'Melveny Myers, Joel Burton, 202-383-5300

Index

Volga-Dnepr J.S. Cargo Airline

OST-03-14823	March 28, 2003	Application for Exemption	Denver - Cape Canaveral/ North Island
		Service List

Application of Volga-Dnepr J.S. Cargo Airlines requests an emergency exemption from the provisions of 49 U.S.C. 40109(g) and 41703(c) permitting Volga-Dnepr to operate three one-way all-cargo charter flights utilizing Volga-Dnepr's AN-124-100 aircraft to transport outsized cargo from (1) Denver, Colorado to Cape Canaveral, Florida. (2) from Denver Colorado to North Island NAS, California and (3) North Island NAS, California to Denver, Colorado.

Counsel: The Wicks Group, Glenn Wicks, 202-457-7790

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