OST Docket Filings for July 15, 1997

Exemption from 49 U.S.C. §41301 to conduct scheduled foreign air transportation of property and mail between the Dominican Republic and Miami, Florida; New York, New York; and Puerto Rico; and to perform other cargo charters in accordance with Part 212 of the Department's rules. The applicant would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U. S. or foreign air carrier.

By: Paul Gretch / Counsel: William Hoffman, 305-372-2877

Aerovias de Mexico, S.A. de C.V. (Notice of Action Taken)

OST-97-2650 | Posted July 14, 1997

Chicago O’Hare and New York LaGuardia Slots / Frontier Airlines, Inc. / ValuJet Airlines, Inc. / AirTran Airways, Inc. / Western Pacific Airlines, Inc.

Exemption from 49 USC section 41301 to permit the applicant to continue to engage in scheduled, combination service between Ixtapa/Zihuatanejo, Mexico, and Los Angeles, California, for a period of one year.

By: Paul Gretch / Counsel: William Evans, 202-371-6030

Index

OST-97-2230 | OST-97-2442 | OST-97-2557 | OST-95-277 | July 15, 1997

Motion for Leave to File and Reply of US Airways to the Answer of the Air Carrier Association of America

US Airways strongly objects to both ACAA's highly intemperate attacks on US Airways and its confused attempt to link the fundamentally different issues of Heathrow access with its members' applications for waivers of DOT's domestic slot rules. If DOT accepts for consideration ACAA's unauthorized filing, US Airways requests that DOT also accept this Reply and, on the basis of the points set forth above, reject the spurious argument of ACAA.

Attachment – Letter from President of the Borough of Queens to Rodney Slater – June 10, 1997

Counsel: US Airways and Zuckert Scoutt, Richard Mathias, 202-298-8660

Fine Airlines, Inc. (Registration of Name Change)

OST-97-2704 | July 15, 1997

Re: Form 4523

Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000

Florida West International Airways, Inc.

OST-97-2646 | July 15, 1997

Re: Confidentiality Affidavits for Outside Counsel

Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000

Linea Aerea Nacional Chile, S.A. – Lan Chile Airlines (Notice of Action Taken)

OST-95-720 | Posted July 15, 1997

Relief requested: (1) Exemptions under 49 U.S.C. 41301 to serve the following points, as intermediate points, on Lan Chile's existing authority to conduct scheduled all-cargo operations between Santiago, Chile, on the one hand, and the U.S. coterminal points Miami, Florida, and New York, New York, on the other: Sao Paulo, Manaus and Rio de Janeiro, Brazil/Asuncion and Ciudad del Este, Paraguay/La Paz and Santa Cruz, Bolivia/Buenos Aires, Argentina/ Montevideo, Uruguay; and (2) special authority under Part 216 of the Department's regulations to commingle traffic traveling in foreign air transportation with traffic not traveling in foreign air transportation.

By: Paul Gretch / Counsel: Celestino Pena, 305-381-6252

New U.S.-Hong Kong Combination Service Opportunities / Northwest Airlines, Inc.

OST-95-765 | OST-97-2693 | July 15, 1997

Reply of the Minneapolis-St. Paul Metropolitan Airports Commission in Support

Consolidated Reply of Northwest Airlines

In short, DOT's paramount interest should be to enable the institution of new U.S.-Hong Kong service. Northwest and Seattle (whose gateway authority will shortly become unused and which has not opposed Northwest's application) have provided DOT with a golden opportunity. Northwest's proposal offers substantial benefits to the Minneapolis-St. Paul area, the Upper Midwest and, indeed, much of the United States, without any real costs to anyone.

Attachment – Letters in Support

Counsel: Metropolitan Airport Commission and Speigel McDiarmid, Jon Corbett, 202-879-4000

Reply of Wayne County and Detroit Metropolitan Wayne County Airport in Defense of Detroit-Hong Kong Authority

Northwest remains interested in serving Detroit-Hong Kong. Unfortunately, securing a feasible air navigation routing and/or production of new generation aircraft is taking longer than Northwest anticipated. Despite this setback, Northwest's intentions with respect to Detroit-Hong Kong service have not changed. The city of Detroit and the State of Michigan should not be penalized just because Northwest is able to implement Minneapolis/St. Paul-Hong Kong authority now. Indeed, it would violate the due process rights of Northwest and Detroit for the Department to reverse its decision with respect to Detroit's designation when the facts are substantially the same today as they were when the Department selected Detroit just one year ago.

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

The Wayne County parties strongly object to the opposing parties' suggestion that the gateway authority needed for the new service be taken from Detroit. Detroit strongly desires Hong Kong service, which would significantly strengthen its commercial and other ties to southern China and Southeast Asia, and Northwest intends to provide the service as soon as that is technically feasible. Removing Detroit's gateway designation would make that impossible. In sum, the only issue here is whether to obtain authority for MSP-Hong Kong service by withdrawing a designation for which there is a concrete proposal (Detroit), or one for which there is not only no concrete proposal but no likelihood of any in the foreseeable future (the second designation at Seattle). Clearly it makes much more sense to withdraw the Seattle authority.

Counsel: Kurth & Co., Samuel Keiter, 202-342-1691

Motion to File Late and Answer of Jamaica Vacations Limited

Sunworld International Airlines, Inc. (Renewal of Certificate of Public Convenience, Interstate / US-Cayman Islands)

OST-95-666 | OST-95-667 | July 15, 1997

Based on its experience during the 1996/1997 winter season when it used Sunworld as the direct air carrier for its Cincinnati - Montego Bay Part 380 Public Charter program, JAMVAC supports renewal of Sunworld's §401 certificates. Sunworld, as the direct air carrier, and JAMVAC, as the charter operator, signed their contract in 1996 and JAMVAC subsequently filed its Public Charter Prospectus. Sunworld then operated the December 1996 - April 1997 onceweekly flights on time and without any problems. Based on its good experience with Sunworld during the winter 1996/1997 season, JAMVAC is currently in negotiations with Sunworld to be JAMVAC's direct air carrier for the 1997/1998 winter season for the Cincinnati flights JAMVAC is considering operating.

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

Application for an Exemption

US Airways, Inc. (Exemption, Philadelphia-Grand Cayman)

OST-97-2721 | July 15, 1997

By this application, US Airways seeks a two-year exemption authorizing it to conduct scheduled air transportation of persons, property and mail between Philadelphia, Pennsylvania and Grand Cayman, Cayman Islands. In February 1998, US Airways plans to inaugurate daily service to Grand Cayman, utilizing Boeing 737-400 aircraft configured for 144 seats. US Airways will be the only airline, foreign or domestic, offering nonstop or single-plane flights between Philadelphia and Grand Cayman. Grand Cayman is an important addition to US Airways' expanding international services from its Philadelphia hub.

Exhibit A – Route Map | Exhibit B – Zero Time Schedules | Exhibit C – Annual Operating Statistics

Answers are due by July 30, 1997

Service List

Counsel: US Airways and Zuckert Scoutt

Joint Answer of Regional Business Partnership (Newark) and New Jersey Department of Economic Development

U.S.-Brazil Combination Service Proceeding / Delta Air Lines, Inc. (Modify, Suspend or Revoke Certificate Authority for Continental Airlines)

OST-96-2016 | OST-97-2680 | July 15, 1997

Delta cites no precedent for the extraordinary relief it seeks, and the Newark/New Jersey Parties are aware of none. Continental's July 10 commencement of Newark-Sao Paulo/Rio de Janeiro service satisfied the startup condition in the Brazil authority awarded by the Department, and any unused frequencies would not become dormant until 90 days from the July 10 commencement date. There is no legal basis for the Department to take route authority away from Continental while it is serving the market for which it holds such authority. The Department will have ample opportunity to consider allocation of Brazil frequencies when Continental and Delta apply to renew their Brazil frequencies.

By: Samuel Crane, 201-242-6237

U.S.-Czech Third Country Code Share Opportunities

OST-97-2686 | July 15, 1997

Revised Copy – Comments of Northwest Airlines filed July 11, 1997

Enclosed please find a revised copy of the Comments of Northwest Airlines, Inc. in Support of Order to Show Cause 97-76, filed in the above-captioned proceeding on July 11, 1997. Northwest submits this revision to correct an inadvertent reference to South Africa on page 2 of Northwest's July 11 pleading. As reflected in the attached revision, Northwest intended to refer to Prague, Czech Republic. No party will be prejudiced by acceptance of this Revision since Comments to the Order to Show Cause in this proceeding are not due until July 18, 1997.

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

U.S.-Ukraine Combination Services

Posted July 15, 1997 | Served July 21, 1997

Notice

Under a May 1995 Protocol between the Government of the United States and the Government of the Ukraine, four U.S. carriers may be designated to operate scheduled combination services between the United States and points in the Ukraine. Operations by designated U.S. carriers are limited to a total of 18 round-trip frequencies per week for combination services.The Department has allocated 13.5 of the available U.S.-Ukraine combination service weekly frequencies as follows: United 3.5 frequencies; Delta 7 frequencies; and Northwest 3 frequencies. All of these carriers serve the Ukraine under code-share arrangements with third country carriers. A total of 4.5 weekly frequencies remain available for U.S.-Ukraine combination services.

By: Paul Gretch

USA Jet Airlines, Inc. (Amendment and Reissuance of Certificate of Public Convenience, Interstate Charter)

OST-97-2719 | July 15, 1997

Application

Amendment and reissuance of its domestic certificate of public convenience and necessity to authorize USA Jet to provide interstate charter air transportation of persons, property and mail. USA Jet requests that this application be processed through the use of expedited non-hearing procedures, and that the Department's final decision on this application be issued in time to enable USA Jet to commence passenger operations on or about September 1, 1997. To enable USA Jet to meet this objective, USA Jet requests that the Department, if possible, proceed directly to a Final Order in this matter.

USA Jet has projected operating revenues based on the assumption that it will operate a total of 567 DC-8 block hours per quarter yielding average quarterly DC-8 revenues of $1,632,393 and annual revenues of $6,529,572. USA Jet's projected quarterly operating expense is estimated at $1,630,889 or a total annual operating expense of $6,523,556, which results in an annual operating profit of $6,016 for the proposed operations.

Subpart Q, Answers are due by August 12, 1997

Counsel: Boros Garofalo, Eileen Gleimer, 202-822-9070

USA Jet Airlines, Inc. (Amendment and Reissuance of Certificate of Public Convenience, Foreign Charter)

OST-97-2720 | July 15, 1997

Application

USA Jet's primary focus has been on satisfying the cargo transportation needs of the automotive industry. Based on the quality and reliability of its service, certain of USA Jet's customers have discussed with it the prospect of USA Jet also accommodating certain passenger transportation requirements. USA Jet therefore plans to add a DC-8-62 combination ("combi") aircraft to its fleet. This aircraft, which will meet Stage 3 noise emission requirements, is configured to carry 28 passengers in addition to cargo in eight pallet positions.

Subpart Q, Answers are due by August 12, 1997

Counsel: Boros Garofalo, Eileen Gleimer, 202-822-9070

Vicao Aerea Sao Paulo, S.A. – VASP (Notice of Action Taken)

OST-95-785, 96-1111, 96-1226, 96-1450 | Posted July 14, 1997

Exemptions under 49 U.S.C. 41301 to conduct: (1) scheduled foreign air transportation of persons, property and mail between a point or points in Brazil and (a) the U.S. coterminal points Los Angeles and San Francisco, California. VASP requested authority to serve beyond Los Angeles to Osaka, Japan, and beyond Los Angeles and San Francisco to Seoul, Korea; and (b) the U.S. coterminal points Miami, Florida, and New York, New York, and beyond Miami and New York to Toronto, Ontario, Canada; (2) scheduled all-cargo operations between a point or points in Brazil and Miami; and (3) wet-lease operations on behalf of Ecuatoriana de Aviacion, S.A. (Ecuatoriana) a carrier of Ecuador, in order for Ecuatoriana to provide scheduled combination operations on Department-authorized routes in the U.S.-Ecuador market (by separate application, VASP requested a Statement of Authorization to conduct the wet-lease operations at issue here on behalf of Ecuatoriana.)

By: Paul Gretch / Counsel: Charles Donley, 202-626-6840