OST Docket Filings for July 17, 1997
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OST Docket Filings for July 17, 1997
American | Chicago O'Hare and New York LaGuardia Slots | Falcon Air | FWIA (3) | National Airlines Chile
Philippine and American | United and Air Canada | UPS
Notices of Action Taken:
Notices and Orders:
Transatlantic, Transpacific, and Latin American Mail Rates
ABSA – Aerolinhas Brasileiras, S.A. (Notice of Action Taken)
OST-96-1372 | Posted July 17, 1997
Charter foreign air transportation of property and mail between a point in Brazil and a point or points in the United States, and other charters.
By: Paul Gretch / Counsel: Anna Maria Escagedo, 305-373-6000
American Airlines, Inc. (Exemption Renewal, New York-Paris)
OST-95-531 | July 17, 1997
Application for Renewal of Exemption
American has continuously provided nonstop service between New York and Paris since May 7, 1987, and presently operates one daily roundtrip, using 215-seat B767 aircraft.
Map | Schedule | Operating Statistics | Service List
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Chicago O'Hare and New York LaGuardia Slots / Frontier Airlines, Inc. / ValuJet Airlines, Inc. / AirTran Airways, Inc. / Western Pacific Airlines, Inc. (Exemptions, High Density Rule)
OST-97-2230 | OST-97-2442 | OST-97-2557 | OST-95-277 | July 17, 1997
Motion for Leave to File and Reply of United
Airlines
In seeking leave to file its wholly unauthorized and very untimely answer, ACAA argues that it should be allowed to place in the record a purported admission by United's Executive Vice President, Stuart Oran, that United does not use all of its slots at O'Hare. Of course, ACAA does not provide for the record a copy of the Crain's Chicago Business article on which it is relying, or even identify the subject matter of the story. Had it done so, however, it would have been obvious that Mr. Oran made no such admission, and that ACAA bases its argument on a gross and clearly deliberate mischaracterization of what Mr. Oran did say.
Having taken no substantive position on these applications up to now, United does not believe this is the proper forum to address the benefits to the public from a carrier's utilizing slots at high density airports to maximize the efficiency of its network. United does intend to address this issue in other contexts, however, and to demonstrate the substantial consumer benefits that result from network optimization.
Attachment - Article from Crains Chicago Business, 4/21/97, "United's Plan to Fix O'Hare's Croweded Skies"
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
Falcon Air Express, Inc. (Amend Certificate of Public Convenience)
OST-95-676 | OST-95-676 | OST-95-676 | OST-97-2592 | July 17, 1997
As of June 30, 1997, Falcon Air has submitted all traffic and financial statistic reports as required by 49 U.S.C. §41708 and 14 C.F.R. Part 241. A number of these reports (the T-100 reports from March, April and May 1996, and the T-100 and P-1(a) reports from January and February of 1997) were filed in a timely manner, as evidenced by Falcon Air's overnight mail receipts, but apparently were not received by the Office of Airline Information. These reports, together with media diskettes where available, have been resubmitted. All reports have also been filed with both the Office of Airline Information and the General Counsel's office.
FAE-6 – Financial Statements March 1997 | April 1997 | May 1997
Counsel: Pierre Murphy, Elizabeth Collins, 202-872-1679, ecollins@lopmurphy.com
Florida West International Airways, Inc. (Exemption Renewal and Frequency Allocation)
OST-97-2648 | July 17, 1997
Reply of Floida West
to Answer of Polar Air Cargo
FWIA has been, and is, regularly using its once weekly U.S.-Argentina all-cargo allocation. Unless Polar is seeking to establish the illogical proposition that the mere pendency of a route transfer agreement automatically converts the underlying authority into dormant authority, Polar's objections are irrelevant to whether FWIA's exemption authority and related all-cargo allocation should be renewed. Polar is also equally mistaken in asserting that FWIA's allocation is under any circumstances dormant. It is not and FWIA has met every established criterion to warrant renewal of its U.S.Argentina authority and related all-cargo allocation.
Counsel: Squire Sanders, Marshall Sinick, 202-626-6651
Motion of Polar Air Cargo
for Leave to File Late
Due to a clerical error, Polar Air's answer was not filed with the Docket Section on the due date, July 9, 1997. This oversight was brought to Polar Air's attention by Docket Section personnel on July 16, 1997. Polar Air's answer was, however, timely served on all parties on the attached service list on July 9, 1997, and therefore no party will be prejudiced by grant of this motion.
On May 21, 1997, Federal Express, Arrow Air and FWIA filed a joint application in which both Arrow Air and FWIA proposed to sell their respective U.S.-Argentina frequencies to Federal Express. Docket OST-97-2548. This application is still pending before the Department. It is clear, therefore, that FWIA has no intention of using the scheduled Argentina frequency on its own behalf, but instead seeks to maintain the authorization in order to sell it to Federal Express. The Department's process for allocating such frequencies contemplates that if not used by the carrier to which they are assigned, such frequencies are to be returned to DOT for reallocation to another operator. Under these circumstances, and in light of the Department's expressed intentions with respect to the use of the limited Argentina scheduled all-cargo frequencies, Polar Air submits that the requested renewal of FWIA's weekly U.S.-Argentina all-cargo frequency be denied, and that the frequency authorization revert to DOT for appropriate reallocation.
Counsel: Ginsburg Feldman, Alfred Eichenlaub, 202-637-9034
National Airlines Chile S.A. a/k/a National Airlines of Chile Inc.
OST-97-2635 | July 12, 1997 | Received July 17, 1997
IN ACCORDANCE WITH YOUR REQUEST, ENCLOSED PLEASE FIND THE FOLLOWING:
INCIDENTALLY, I SHALL SUBMIT THE INSURANCE REQUIREMENT IMMEDIATELY UPON RECEIVING FROM MS. MARY ANN KIENER THE FORM AND THE AMOUNY OF COVERAGE APPLICABLE IN THIS MATTER.
Certificate | Bilateral Agreements
Counsel: Marcelo Curi, 305-865-5272 or 608-6787
Philippine Airlines, Inc. and American Airlines, Inc. (Exemption and Statement of Authorizations, Code-Sharing)
OST-97-2633 | Undocketed | July 17, 1997
Response of United Air Lines
and Motion for Leave to File
PAL and American claim that United is trying to "block" their code share in order to "frustrate additional competition" in the U.S.-Philippines market. In fact, United is seeking to assure that additional competition in this market can flourish notwithstanding anti-competitive provisions added to the bilateral code-share provision by the Philippine government during the last round of negotiations. United is seeking a bilateral regime in which all designated carriers of each side (not just PAL) are guaranteed the right to code share with nondesignated carriers of the other side.
Counsel: United and Ginsburg Feldman, Joel Burton, 202-637-9130
Transatlantic, Transpacific and Latin American Service Mail Rates Investigation
Order 97-7-15 | OST-96-1629 (37392) | Issued July 15, 1997 | Served July 18, 1997
Order to Show Cause Establishing Temporary Service Mail Rates
By this order the Department proposes to establish international service mail rates for the period July 1, 1997, through December 31, 1997. All interested persons are requested to show cause why the tentative findings and conclusions contained in this order should not be adopted. Upon issuance of a final order, any difference between the rates proposed here and those established as final rates will be applied retroactively to July 1, 1997, so that the carriers are compensated fairly for their services. The rates established as final rates for the period July 1 through December 31, 1997, shall also apply as temporary rates effective January 1, 1998, until the Department issues an order establishing the final rates for the first half of 1998.
By: Charles Hunnicutt
United Air Lines, Inc. and Air Canada (Antitrust Immunity)
OST-96-1434 | July 17, 1997
Because the affidavit does not meet the minimum requirements set forth in the Notice, United and Air Canada object to any access to the documents being granted to Ms. Ralph on the basis of her defective (and therefore invalid) affidavit pursuant to the Notice.
Re: Supplemental Affidavit of Amy Ralph
Counsel: Ginsburg Feldman for United and Galland Kharasch for Air Canada
United Parcel Service Co. (Frequency Allocation Renewal, US-Thailand)
OST-96-1496 | July 17, 1997
Application for Renewal of Frequency
Allocation
On April 1, 1997 UPS commenced all-cargo service between the United States and Thailand one day per week over a Taipei-Bangkok-Singapore routing. The foregoing flights are operated utilizing DC8-73 freighter aircraft, having a maximum gross payload of 103,000 pounds. Within the time period set forth by the DOT in the Notice of Action Taken in Docket OST 97-2225, UPS will commence operating five additional U.S.-Thailand frequencies over a Singapore-Kuala Lumpur-Bangkok-Taipei routing, with DC8-73 freighter aircraft.
Answers are due by August 1, 1997
Counsel: UPS and Kelley Drye, David Vaughan, 202-955-9600
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