OST Docket Filings for June 6, 1997

Pleadings:

Notices of Action Taken

Nations Air

Notices and Orders

IATA | Various Foreign Air Carriers

American Airlines, Inc. et al., and The TACA Group Reciprocal Code Share Services Proceeding

OST-96-1700 | June 6, 1997

Confidentiality Affidavit for Michael Goldman, Counsel to DFW Airport

Counsel: Bagileo Silverberg, Michael Goldman

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Falcon Air Express, Inc. (Exemption, Add Additional Aircraft)

OST-97-2592 | June 6, 1997

Application for an Exemption and Motion for Immediate Action and Waiver of the Answer Period

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Falcon Air Express, Inc. ("Falcon Air") seeks exemption authority pursuant to 49 U.S. C. §40109 to add an additional two (2) aircraft pending action on its application filed contemporaneously in Dockets OST-95-676 and OST-95-677. Falcon Air possesses the necessary managerial and financial disposition to expand its operations to meet the immediate need for additional domestic and international charter air service and sub-service and has provided the Department with financial information regarding the success of Falcon Air's ongoing operations to date.

Service List

Counsel: Pierre Murphy, Elizabeth Collins, 202-872-1679

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Falcon Air Express, Inc. (Amend Certificate of Public Convenience and Necessity, Add Additional Aircraft)

OST-95-676 and 95-677 | June 6, 1997

Application to Amend Certificate of Public Convenience and Necessity

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Falcon Air has been approached by foreign carrier from an FAAdetermined "Category II" country, which is unable to operate aircraft to the U.S. in its own right, and is therefore required by the FAA to wet lease aircraft from operators such as Falcon Air. This foreign air carrier, Aeropostal,3 operates a substantial fleet of DC-9 and MD-80 passenger aircraft in domestic operations within Venezuela and in international operations from Venezuela to other countries. Because of the FAA's Category II determination for Venezuela, Aeropostal cannot recommence its authorized U.S.-Venezuela scheduled operations with its own aircraft and it therefore requires a U.S. direct air carrier to operate its scheduled operations between Venezuela and the United States, with two (2) aircraft, each for over 200 hours per month for a term of one (1) year, renewable each year.

Answers are due by July 4, 1997

Counsel: Pierre Murphy, Elizabeth Collins, 202-872-1679

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Midway Airlines Corporation (Exemption Renewal, Raleigh/Durham-St. Marteen)

OST-95-332 | June 6, 1997

Application for Renewal of Exemption Authority

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Midway hereby requests renewal of its Raleigh/Durham-St. Maarten exemption authority. Although it has not commenced service on this route, Midway seeks renewal of its exemption authority to provide it with the flexibility to inaugurate scheduled service between Raleigh/Durham and St. Maarten should market conditions warrant. Midway continues to be fit, willing and able to perform the proposed service utilizing suitable aircraft from its fleet, which consists of Airbus Industrie A320 and Fokker F100 aircraft.

Service List

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

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Nations Air Express, Inc. (New – Notice of Action Taken)

OST-97-2551 | Posted June 5, 1997

Notice of Action

Scheduled foreign air transportation between Miami and Maracaibo, Venezuela

By: Paul Gretch / Counsel: Thomas Stalzer, 404-812-5680

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Nations Air Express, Inc. (Exemption, Miami-Maracaibo, Venezuela)

OST-97-2551 | June 6, 1997

Answer of European-American Travel and Student Travel Services

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STS understands that the aircraft Nations Air intended to use to operate the charter flights it had contracted to perform for STS was unavailable to Nations Air as of February 28, so that it was necessary for Nations Air and its general sales agent, WPA, to arrange substitute transportation. However, on or about March 2, 1997, Nations Air abruptly repudiated its responsibility to provide these charter services, forcing STS, on its own, to arrange substitute transportation for its passengers. Nations Air's refusal to operate these flights, or to arrange substitute transportation, is a clear violation of § 380.43 of the Department's Regulations, which prohibits a direct air carrier from cancelling a charter less than 10 days before the scheduled departure, except in circumstances not applicable here. As a direct result of Nations Air's actions, STS incurred in excess of $600,000 in expenses to arrange substitute transportation for its customers. Despite repeated requests from STS, Nations Air has refused to reimburse STS for these expenses.

Counsel: Ginsburg Feldman, Bruce Rabinovitz, 202-637-9036

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Northwest Airlines, Inc. (Exemption Renewal and Consolidation, US-Inverness/London City / US-UK)

OST-96-1603 and 95-325 | June 6, 1997

Re: Application for Consolidation and Renewal of Exemption Authorities – Corrected Copy

Enclosed for filing in the above-referenced proceedings is a corrected copy of the Application of Northwest Airlines, Inc. for Consolidation and Renewal of Exemption Authorities, filed on June 4, 1997. This correction reflects an incorrect docket number contained on the cover and first page of Northwest's June 4 Application. Specifically, Northwest's June 4 Application contained a caption referencing "Docket OST-97-1603". The correct Dockets in which Northwest's June 4 Application for Renewal and Consolidation should be filed are OST-96-1603 and OST-95-325. A copy of this letter and the attached corrected copy of Northwest's June 4, 1997 Application are being mailed today to all parties on the attached service list.

Service List

Answers are due by June 23, 1997

Counsel: Northwest, Megan Rae Poldy, 202-842-3193

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U.S. – Chile / Delta Air Lines, Inc.

OST-97-2372 | Filed June 4, 1997

Letters in Support from Civic Organizations for Delta’s US-Chile Service

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Various Foreign Air Carriers

Order 97-6-5 | Issued June 4, 1997 | Served June 10, 1997

Order

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Action of IATA Agreements

Order 97-5-25 | OST-97-2505 and 97-2518 R-1 through R-2

Order

The agreement in Docket OST-97-2505 makes it clear that special fare add-on amounts agreed for Thailand apply to travel throughout all of TC3 (Asia/Australasia/Pacific Islands) rather than just Korea, New Zealand and the Philippines. The agreement in Docket OST-97-2518 denominates all fares, rates and related charges from Guinea-Bissau in terms of the CFA franc as a result of its recent membership in the CFA zone and the resultant change in its currency from the peso to the CFA franc.

By: Paul Gretch

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Notice of Approval of IATA Agreement(s) for the Weekly Period Ending June 6, 1997

Notice

OST-97-2579 | Date Filed: 6/2/97 | Date Approved: 6/6/97

By: Paul Gretch

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