OST Docket Filings for May 21, 1997
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OST Docket Filings for May 21, 1997
Applications, Comments, and Responses
Atlant-Soyuz | Balkan Bulgarian | Continental | FedEx and Arrow and FWIA | Millon | ValuJet
Notices of Action Taken
Notices and Orders
EL AL | HeavyLift | IATA | JAL
Atlant-Soyuz Airlines (Exemption Renewal, Guam/Saipan Cargo Transfer Authority)
OST-97-2549 | May 21, 1997
Application for an Exemption and Motion
to Shorten Answer Period
Applies for an exemption, to the extent necessary, to engage in foreign air transportation and cargo transfer operations involving the U.S. territories of Guam and Saipan. Specifically, Atlant-Soyuz requests exemption authority to operate certain flights on behalf of a Japanese freight forwarder, the Sanko Busan Company, to fly fish from non-U.S. points, including Palau, Jayapura, Manado, Majuro, and Biak, to Guam (as a primary point) and Saipan (as an alternate airport) for transfer and further transportation by U.S. and other foreign air carriers to Japan. Atlant-Soyuz proposes use of its AN 12 aircraft, given the shipper's specific request for this Russian-manufactured turboprop aircraft.
Subpart Q, Answers are due by May 30, 1997 (Soyuz requests that the Department shorten the answer period from fifteen to seven days due to the urgent request by the shipper)
Counsel: Hogan Hartson, George Carneal, 202-637-5683
Balkan Bulgarian Airlines (Exemption, Sofia-Belgrade-Chicago)
OST-97-2403 | May 21, 1997
Reply of Balkan Bulgarian
to Answer of United Air Lines
United's suggestion that prior assurances should be required before this small, incremental improvement of BBA's authority to the U.S. is approved is unsound public policy that should be rejected. The Sofia-Chicago service proposed by BBA will offer the traveling public immediate and important new benefits that should not be delayed.
United offers nothing to suggest that Bulgaria would not approve a United request to code-share to Bulgaria on Lufthansa flights. BBA is in any case seeking only temporary exemption authority. The Department retains sufficient flexibility under that form of award to deal with the type of hypothetical issue raised by United and should not delay the initiation of Sofia-Chicago service scheduled to begin on June 20, 1997 in anticipation of a problem that may never arise.
Counsel: Stephen Lachter, 202-862-4321
Continental Airlines, Inc. (Renewal of US-Ecuador Frequencies)
OST-97-2447 | May 21, 1997
Supplement No. 1 to Application for
Renewal of Frequency Allocation
Continental supplements its unopposed application to renew its present allocation of fourteen weekly New York/Newark-Ecuador roundtrip frequencies for a two-year period, to clarify that the renewal request applies also to Continental's Newark-Bogota-Quito and Newark-Panama City-Guayaquil exemption authority. Additionally, Continental requests a waiver of the 60-day advance filing requirements under Part 377 as they relate to the pending application.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2500
EL AL Israel Airlines, Ltd. (Exemption Renewal)
Order 97-5-18 | OST-95-472 (47986) & 97-2547 (48826) | Issued and Served May 21, 1997
By this order we tentatively find that it is in the public interest to deny the requests of El Al to renew its exemption to conduct scheduled foreign air transportation of persons, property and mail between Israel and Washington/Baltimore, Dallas/Ft. Worth and Orlando.
Our tentative decision is based on the recent action by the Government of Israel withholding bilateral rights from a U.S. carrier, specifically, the MOT's April 20 denial of Tower's request to provide Fifth Freedom service between Athens and Tel Aviv. As noted above, the service proposed by Tower is clearly a bilateral right provided in the U.S.-Israel Air Transport Agreement, which authorizes U.S. carriers to operate services "via intermediate points to Tel Aviv and beyond." Furthermore, not only are the U.S. bilateral rights here clear on their face, but they are borne out by the Israeli Government's own longstanding practice of authorizing TWA's Fifth Freedom operations over the route. We do not consider any of the reasons cited by the MOT for its disapproval as a valid cause to abrogate U.S. carrier rights which are plainly set forth in the U.S.-Israel Agreement.
By: Charles Hunnicutt
Federal Express Corporation and Arrow Air, Inc. and Florida West International Airways, Inc. (Approval of a Transfer of Frequency Allocations, US-Argentina All-Cargo Frequencies)
OST-97-2548 | May 21, 1997
Federal Express, as Buyer, and Arrow and FWIA, as Sellers, have entered into two separate Route Purchase And Transfer Agreements, dated as of May 14, 1997 and May 16, 1997 (the "Transfer Agreements"; Exhibits JA-1 and JA-2), for the purpose of contracting for the sale of two (2) U.S.-Argentina all-cargo operating frequencies, currently issued to Arrow, and one (1) U.S.-Argentina all-cargo operating frequency, currently issued to FWIA, to Federal Express, in exchange for a purchase price of $1.5 million and $500,000, respectively, subject to Department approval. The Joint Applicants desire to consummate the foregoing transactions on July 15, 1997, or as soon thereafter as all necessary governmental approvals have been received.
Exhibit List | JA-1 - Route Purchase and Transfer Agreement between Federal Express and Arrow 5/14/97 | JA-2 - Route Purchase and Transfer Agreement between Federal Express and FWIA 5/16/97 | JA-3 - Proposed Expanded US-Argentina Service to be Operated by Federal Express | JA-4 - Federal Express B-727-200 Load Factors between Sao Paulo and Buenos Aires (March and April 1997 Southbound Flights) | JA-5 - Excerpts from Federal Express Annual Report for 3/31/96 | JA-6 - US and Foreign Flag Competitng Services and Capacity in the US-Argentina Air Cargo Market | JA-7 - Pre-Transfer HHI Index Calculation for the US-Argentina Air Cargo Market | JA-8 - Post-Transfer HHI Index Calculation for the US-Argentina Air Cargo Market | Service List
Counsel: FedEx and Shaw Pittman, Nathaniel Breed, 202-663-8078 | Allan Markham, 202-337-2149 for Arrow | Squire Sanders, Marshall Sinick, 202-626-6651 for FWIA
Editor's Note: Exhibit JA-5 is a link to FedEx's Web Site for the Annual Report
HeavyLift-VolgaDnepr Ltd. (Exemptions)
Order 97-5-11 | OST-97-2093 & 97-2124 | Issued May 15, 1997 | Served May 21, 1997
This order confirms our oral actions of January SO, and February 21, 1997, granting HeavyLift-VolgaDnepr Ltd. exemption authority to operate cargo charter flights carrying emergency cabotage traffic consisting of outsized satellites and related equipment.
By: Charles Hunncutt
Japan Airlines Company, Ltd. (Exemption)
Order 97-5-16 | OST-95-971 & 95-842 & 96-1500 | Issued and Served May 21, 1997
We have decided to grant JAL the exemption authorities it seeks to engage in scheduled foreign air transportation of persons, property and mail ( 1) between Tokyo, Japan, and Atlanta, Georgia, and (2) between Tokyo, Japan, and Kona, Hawaii. Both routes may be served on a non-stop basis. The authorities will be effective for a period of 179 days from the service date of this order, and will be subject to the terms and conditions of JAL's foreign air carrier permit and the 1989 or 1985 MOU, respectively." The requested authorities are provided for in the appropriate MOU and JAL has been designated by its government to perform the services requested. While we are sensitive to the concerns raised by Northwest, we do not regard this as the appropriate forum for addressing them.
By: Charles Hunnicutt
Millon Air, Inc. (Fitness Review)
OST-96-2012 | May 21, 1997
Notice of Withdrawal of Answer in
Opposition and Objection by Petrosur-World Fuel Intl
Counsel: Haber Lewis, David Haber, 305-379-2400
United Air Lines, Inc. and Lufthansa German Airlines (Renewal - Notice of Action Taken)
OST-96-1285 & Statement of Authorization | Posted May 21, 1997
By: Paul Gretch
ValuJet Airlines, Inc. (Exemption, Slot Restrictions at New York LaGuardia)
OST-97-2442 | May 21, 1997
Motion for Leave to File an Otherwise
Unauthorized Document and Reply of ValuJet
Attachment 1 - LaGuardia-Atlanta Services will Alleviate the Worst of LaGuardia Monopolistic Price Behavior in LaGuardia's Largest Monopoly Market | Attachment 2 - LaGuardia is Atlanta's largest Monopoly Market | Attachment 3 - Comparison of Fares in Atlanta Markets Year End June 1996
By: ValuJet, D. Joseph Corr, 770-907-2580
Editor's Note: Pleading is facsimiled copy - will only be avaialble in Adobe Acrobat PDF.
Agreements Adopted by the Tariff Coordinating Conferences of the International Air Transport Association Relating to North Atlantic-Africa Passenger Fares and Conditions
Order 97-5-17 | OST-97-2179 R-1 through R-22 | Issued May 21, 1997 | Served May 28, 1997
The agreement is comprised of resolutions affecting travel between North-America and Africa. Significant changes to fare structure, conditions of travel, and fare level are discussed separately below. Fare Structure: A three-season excursion fare structure replaced the current two-season provision, with the new shoulder season the average of the basic and peak levels. Youth and student fares were introduced to/from Malawi, Zambia, and Zimbabwe, and children's normal fares (first, intermediate, and economy class) were increased from 50% to 67S of the adult fare.
By: Charles Hunnicutt
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