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OST Docket Filings for August 6, 1997

Pleadings:

American and British Airways | Baltia (2) | Pan Am and Carnival (2) | Sunworld

Notices of Action Taken:

None

Notices and Orders:

Business Express | Fairmont, Brookings, Yankton, Devils Lake, Jamestown, Norfolk | Lynden Air Cargo


American Airlines, Inc. and British Airways PLC (Antitrust Immunity)

OST-97-2058 | August 6, 1997

Motion for Leave to File Reply of Delta Air Lines

Delta agrees with the answering carriers and objects to the requests of American and British Airways to withhold and/or redact the information and evidence responsive to the Department's request contained in Order 97-5-13. The current requests should be denied for the same reasons Delta previously stated in opposition to an earlier request by the Joint Applicants to withhold and redact documents (see Comments of Delta Air Lines dated April 16, 1997). As was the case previously, the Joint Applicants are seeking to withhold or redact information or documents that have direct bearing on and relevance to the Department's public interest and competitive analysis in this case. The Department confirmed the relevance and materiality of these documents in Order 95-5-13 as well as in the Department's November 26 Memorandum to counsel to the Joint Applicants directing the submission of information and evidence. The Joint Applicants' unilateral decision to ignore the Department's findings on relevancy and materiality should not be countenanced. The Joint Applicants have failed to demonstrate that the withheld/redacted documents are not relevant and that the Department's confidentiality procedures are insufficient to protect the applicants' competitive and commercial interests.

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

Index


Baltia Air Lines, Inc. (Exemption, St. Petersburg-New York)

OST-97-2763 | August 6, 1997

Request for Exemption – Supplemental Documentation

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Baltia Air Lines, Inc. ("Baltia") hereby submits additional documentation on Glogal Equities Group, Inc. ("Global"), Baltia's firm commitment underwriter; the IPO market, the Lateko Banka, currently extending a $6 million line of credit; Evergreen Air Center, where maintenance and B747 maintenance training will be held; Anthony Morello, Baltia's Manager of Technical Quality Assurance; Icelandair JFK lease and services; fuel availability at both JFK and St. Petersburg; and prepaid advertising.

Index of Attachments

Motion Requesting Withholding from Public Disclosure

Counsel: International Business Law Firm, Steffanie Lewis, 703-522-1198

Index


Business Express Airlines, Inc.

Served August 6, 1997

Notice of Trade Name Registration

On July 24, 1997, Business Express Airlines, Inc., a certificated air carrier, filed, pursuant to 14 CFR Part 215, a notice of its intent to register the trade name "American Connection" for use in new code-sharing operations with American Airlines, Inc. beginning in August 1997. Business Express previously registered the trade names "The Delta Connection" and "Northwest Airlink" for use in its code-sharing operations with Delta Air Lines, Inc., and Northwest Airlines, Inc., respectively.

By: John Coleman

Index


Lynden Air Cargo, LLC d/b/a Loken Aviation (EAS, Termination of Service at Elfin Cove and Pelican, Alaska)

Order 97-8-3 | OST-97-2733 | Issued August 4, 1997 | Served August 7, 1997

Order Requesting Proposals

By this order, the Department is requesting proposals from all carriers interested in providing replacement essential air service at Elfin Cove and Pelican, Alaska

Appendix A | Appendix B | Appendix C

By: Charles Hunnicutt

Index


Fairmont, Minnesota; Brookings, South Dakota; Yankton, South Dakota; Devils Lake, North Dakota, Jamestown, North Dakota, Norfolk, Nebraska (EAS)

Order 97-8-9 | OST-97-2785 | Issued August 6, 1997 | Served August 12, 1997

Order Reselecting Carrier and Establishing Final Subsidy Rate

By this order, the Department is revising the service levels and subsidy rate for the essential air service (EAS) to be operated by Great Lakes Aviation, Ltd., d/b/a United Express, at Fairrnont, Minnesota. Brookings and Yankton, South Dakota, Devils Lake and Jamestown. North Dakota, and Norfolk, Nebraska, and reselecting Great Lakes to provide subsidized essential air service at the six communities for a new two-year rate term beginning when the new service is implemented, on or about August 18, 1997, through July 31, 1999

Appendix A | Appendix B | Appendix C

By: Charles Hunnicutt

Index


Pan American Corporation and Carnival Air Lines, Inc. (Transfer of Route Authority)

OST-97-2787 | August 6, 1997

Joint Application for Approval of Route Authority Transfer

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After consummation of the acquisition, Pan Am would have common control through stock ownership of Carnival and Pan Am World, both of which hold interstate and international route authority for persons, property and mail. Pan Am World and Carnival would be operated as independent airlines pending finalization of plans for the integration of the two companies. The only international route authority held both by Carnival and Pan Am World involves New York-Santo Domingo, and Ft. Lauderdale/ Miami/New York-Nassau; neither the Dominican Republic nor the Bahamas are limited entry markets. Moreover, other international markets authorized for service by Carnival -Guyana, Haiti and Venezuela -- are open to entry by U.S. airlines. The only restricted market in Carnival's Route 574 is San Juan-Toronto, and those restrictions will be lifted early next year.

Route Authority | Service List

Counsel: Boros Garofalo, Aaron Goerlich, 202-822-9070 for Carnival / Verner Liipfert, William Evans, 202-317-6030 for Pan Am

Index


Pan American Corporation and Carnival Air Lines, Inc. (Exemption)

OST-97-2786 | August 6, 1997

Joint Application for an Exemption

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It is now expected that a shareholder meeting on the transaction will be held in the last week of August and that the transaction will be consummated shortly thereafter.

Route Authority | Service List

Counsel: Boros Garofalo, Aaron Goerlich, 202-822-9070 for Carnival / Verner Liipfert, William Evans, 202-317-6030 for Pan Am

Index


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

OST-95-666 | OST-95-667 | August 5, 1997

Motion for Leave to File and Surreply of Vacation Travel International

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Sunworld made money or lost money in its first year of operations. The issue is whether Sunworld, in view of the enormous disparity in its projected first year operating expenses versus actual expenses, possesses the managerial competence required for a favorable fitness determination. VTI submits that Sunworld does not. Moreover, the fact that Sunworld has a large and increasing negative net worth should be of additional concern to the Department, since the company's owner/financier, William Yung, could elect to "pull the plug" at any time -- and Sunworld, in view of the March 8 incident, has demonstrated most persuasively that it cannot be relied upon to follow acceptable consumer relations practices.

Counsel: Boros Garofalo, Aaron Goerlich, 202-822-9070

Index


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