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OST Docket Filings for January 11, 2008
Updated:
| Applications and Renewals:
Delta and Czech Airlines - Cessation of Codesharing (Prague-Vienna) ReadyJetGo - Interstate and Foreign Charter Certificates and Exemptions Republic Airlines - US-Canada Amendment United - US-Brazil Renewals Answers and Replies: DCA Slots - Additional Comments of US Airways EAS at Altoona and Johnstown, PA - Proposal of Colgan Air to Modify Existing Subsidized EAS Requirements Notices of Action Taken: IATA - Approvals of Agreements United - US-People's Republic of China Codesharing with Air China Renewal (Pending Since August 22, 2005) UPS - US-Japan Codesharing with Nippon Cargo Airlines Renewal (Pending September 28, 2006) Notices and Orders: EAS at Montana Communities - Granting Emergency Motion EAS at Port Alexander, AK - Selecting Carrier and Establishing Subsidy Rates |
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January 11, 2008 Motion for Leave to File an Otherwise Unauthorized Document and Additional Comments of US Airways Seeks leave from the Department to file this brief reply to Comair's Answer filed on January 9, 2008. This reply is narrowly tailored to address factual distortions and unfounded contentions in Comair's Answer, thereby providing the Department with a more complete and accurate record upon which to base its decision in this Proceeding. Good cause therefore exists for the Department to accept and consider this brief reply. First, the attached Exhibits A-1 and A-2 provide screenshots of US Airways' website for roundtrip Washington-Reagan National-Sarasota/Bradenton service on a Saturday in February. The exhibits demonstrate that, contrary to Delta's claims, US Airways will provide service using A319 aircraft later this winter. Furthermore, this is similar to US Airways service during the previous Winter Season when US Airways operated a variety of aircraft in the DCA-SRQ market, including B737 aircraft. Second, Delta's assertion that US Airways should not receive an award in this proceeding because it was awarded slot exemptions for DCA-SRQ service two proceedings (and nearly two years) ago is absurd - AIR 21 slot exemption proceedings are about which carrier has the best service proposal, not who won previously. Moreover, Delta was previously awarded 2 pairs of AIR 21 slot exemptions in two different proceedings within eight months. Within-perimeter AIR 21 slot exemption proceedings are not about previous beyond-perimeter exemption awards. Since AIR 21 was enacted, US Airways and Delta have each been awarded an equal number of within-perimeter slot exemptions. (See Orders 2006-6-17, 2004-12-6, and 2004-4-2.) "(See Order 2004-4-2 (awarding slot exemptions to serve either Jackson, MS, or Lexington, KY) and Order 2004-12-6 (awarding slot exemptions to serve Jackson, MS).) Counsel: US Airways, Howard Kass, 202-326-5153 Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc. and Comair, Inc. and Czech Airlines OST-2000-8207 - US-Czech Republic Blanket Codesharing January 11, 2008 Notice of Cessation of Codesharing Pursuant to the blanket statements of authorization granted In the above-captioned docket, Delta Air Lines, Inc. and Czech Airlines hereby notify the Department that the carriers will no longer display Delta's "DL" designator code on flights operated by Czech Airlines between Prague, Czech Republic and Vienna, Austria. Counsel: Sher & Blackwell, Allan Mendelsohn, 202-463-2508 for Czech / Hogan & Hartson, Robert Cohn, 202-637-4999 for Delta Essential Air Service at Altoona and Johnstown, Pennsylvania OST-2002-11446 - Altoona January 8, 2008 Proposal of Colgan Air to Modify Existing Subsidized EAS Requirements By Order 2007-2-17 the Department selected Colgan Air, Inc., d/b/a US Airways Express to provide essential air services at Altoona consisting of 18 weekly nonstop round trips to Washington Dulles, and at Johnstown consisting of 18 weekly nonstop round trips to Pittsburgh. The combined annual subsidy is $2,364,462 based on service with 19-seat Beech 1900D turboprop aircraft for the two-year period beginning June 1, 2007, and all service would be operated as US Airways Express. Colgan proposes to upgrade the equipment type from a 19-seat Beech 1900 aircraft to a cabin class 30/33/34-seat SAAB 340 aircraft. Colgan also proposes increasing the number of roundtrips from 18 weekly to 23 weekly and also proposes changing the service pattern along with a change in Code Share partner. In order to ensure well-timed flights for both communities connecting to United's banks at the Washington Dulles hub Colgan Air requests the following change in service pattern. Each community will receive 23 weekly roundtrips consisting of a mixture of one stop and non-stop flights to Washington Dulles utilizing a 30/33/34 passenger seat Saab 340 aircraft. Although each community will now have some one-stop service as well as some non-stop service Colgan Air believes that with the upgrade from a 19-seat Beech 1900 to a 30/33/34-seat Saab 340. and the addition of the United Express brand to the United Washington Dulles Hub along with an additional roundtrip each weekday to both communities, this new service proposal will not have a negative impact on the traveling public and the communities of Altoona and Johnstown, PA. Colgan will also begin operating this service under the United Express brand, Colgan Air d/b/a United Express. Colgan plans to transition this service on February 4, 2008. We further propose that the annual compensation rate $ 2,364,462 remains the same. By: Colgan Air, George Casey, 703-656-2520 Essential Air Service at Glasgow, Glendive, Havre, Lewistown, Miles City, Sidney and Wolf Point, Montana Issued January 11, 2008 | Served January 16, 2008 Order Granting Emergency Motion In a motion filed January 9, Big Sky asks the Department to advance the effective date of the new subsidy rate scheduled for effect March 1. In support of its request. Big Sky again states that its financial condition is dire. Big Sky reports that it is working with Great Lakes to ensure a smooth, seamless transition of operations, but it has no assurance that Great Lakes will be able to assume those operations soon. Big Sky concludes that, without the new subsidy rate, it will be compelled to shut down its Montana services before a transition to Great Lakes can be completed. We have decided to grant Big Sky's request. While 49 U.S.C. 41734 would not generally provide for a change in the rate of compensation until 180 days after the carrier has given its 90-day notice to leave, 49 U.S.C. 40109(c) grants us authority to exempt this. The essential air service program was created to ensure that eligible communities stay connected to the national air transportation system. In this case, the carrier has already shut down most of its operations and fully plans a complete liquidation. As a result, we have concluded that this case warrants the use of our exemption authority in this case to promote the chances of a smooth transition from Big Sky to Great Lakes at the seven communities without a service hiatus. By: Michael Reynolds Essential Air Service at Port Alexander, Alaska Issued January 11, 2008 | Served January 16, 2008 Order Selecting Carrier and Establishing Subsidy Rates We have decided to select Harris Air to continue to provide service at Port Alexander for the two-year period through February 28, 2010, at the aimual subsidy rate of $49,739. The carrier will maintain its current level of service, consisting of two nonstop round trips to Sitka each week, with 3-seat Cessna 185 aircraft, a service level that the community supports. By: Todd Homan International Air Transport Association
Filed May 23, 2007 | Approved January 10, 2008 By: John Kiser
Filed May 25, 2007 | Approved January 10, 2008 By: John Kiser
Filed May 29, 2007 | Approved January 10, 2008 By: John Kiser
Filed June 14, 2007 | Approved January 10, 2008 By: John Kiser
Filed August 17, 2007 | Approved January 10, 2008 By: John Kiser
Filed November 8, 2007 | Approved January 10, 2008 By: John Kiser
Filed October 25, 2007 | Approved January 10, 2008 By: John Kiser
Filed November 8, 2007 | Approved January 10, 2008 By: John Kiser
Filed November 8, 2007 | Approved January 10, 2008 By: John Kiser
Filed October 25, 2007 | Approved January 10, 2008 By: John Kiser
Filed September 21, 2007 | Approved January 10, 2008 By: John Kiser
Filed September 21, 2007 | Approved January 10, 2008 By: John Kiser
Filed November 28, 2007 | Approved January 10, 2008 By: John Kiser
Filed December 10, 2007 | Approved January 10, 2008 By: John Kiser
Filed December 10, 2007 | Approved January 10, 2008 By: John Kiser
Filed December 10, 2007 | Approved January 10, 2008 By: John Kiser
Filed December 10, 2007 | Approved January 10, 2008 By: John Kiser
Filed December 10, 2007 | Approved January 10, 2008 By: John Kiser
Filed December 10, 2007 | Approved January 10, 2008 By: John Kiser
OST-2008-0016 - Certificate of Public Convenience and Necessity - Interstate Charters January 11, 2008 Application for a Certificate for Interstate Charter Operations - Bookmarked ReadyJetGo Airlines, Inc. hereby applies for a certificate ofpublic convenience and necessity authorizing it to engage in interstate charter air transportation ofpersons, property and mail. ReadyJetGo requests that its application be processed under the non-hearing procedures prescribed by Subpart B of the Department's Rules of Practice and that the Department's final decision be issued as expeditiously as possible, but no later than March 31, 2008. By separate application filed concurrently herewith, ReadyJetGo is applying for exemption authority to conduct the aforesaid services. Also by separate applications, ReadyJetGo is concurrently applying for both certificate and exemption authority to engage in foreign charter air transportation ofpersons, property and mail. ReadyJetGo is a new carrier that plans to operate three Boeing 727 aircraft (two VIP-configured and one coach-configured) during its first year ofoperations offering charters serving primarily professional and college sports teams, concert and other tours, corporations, and other single entity charterers. It also plans to offer Public Charters as opportunities arise. ReadyJetGo's charter service will provide a reliable, safe, and efficient transportation alternative to the traveling public. Counsel: Counsel: Stephen Gelband, 202-337-8970, slg@gelbandlaw.com
OST-2008-0017 - Exemption - Interstate Charters January 11, 2008 ReadyJetGo Airlines, Inc. hereby applies for an exemption from 49 U.S.C. § 41102 et seq. to permit it to engage in interstate charter air transportation ofpersons, property and mail. This Application for an exemption is being filed in order to obtain authority for these services as quickly as possible since ReadyJetGo's plans to conunence operations by April 1, 2008. ReadyJet Go is a new carrier that plans to operate three Boeing 727 aircraft during its first year ofoperations conducting interstate and foreign charters serving primarily professional and college sports teams, concert and other tours, corporations, and other single entity charters. It also plans to offer Public Charters as opportunities arise. By separate Application submitted contemporaneously herewith ReadyJetGo is applying for a certificate of public convenience and necessity authorizing it to conduct the aforesaid charter services. Counsel: Counsel: Stephen Gelband, 202-337-8970, slg@gelbandlaw.com
OST-2008-0018 - Certificate of Public Convenience and Necessity - Foreign Charters January 11, 2008 Application for a Certificate for Foreign Charter Operations ReadyJetGo Airlines, Inc. hereby applies for a certificate of public convenience and necessity authorizing it to engage in worldwide foreign charter air transportation of persons, property and mail. ReadyJet Go is a new carrier that plans to operate three Boeing 727 aircraft during its first year of operations serving primarily professional and college sports teams, concert and other tours, corporations, and other single entity charters. It also plans to offer Public Charters. While numerous charter opportunities available to ReadyJetGo involve U.S. domestic markets, many opportunities of which it is aware involve intemational charter travel to and from the United States. By separate applications submitted contemporaneously herewith ReadyJetGo is applying for both a certificate of public convenience and necessity and an exemption authorizing it to conduct interstate charter services. Counsel: Counsel: Stephen Gelband, 202-337-8970, slg@gelbandlaw.com Republic Airline, Inc. d/b/a Republic Airlines OST-2005-22506 - Exemption and Certificate of Public Convenience and Necessity - US-Canada January 11, 2008 Application to Amend Exemption Republic Airlines hereby applies under 49 U.S.C. § 40109 to amend the exemption issued to Republic by Notice of Action Taken dated February 2, 2007, authorizing Republic to engage in scheduled foreign air transportation of persons, property, and mail between points in the United States and points in Canada, to remove all conditions that limit Republic's authority to operations performed under a fee-for-service agreement with a major U.S. carrier. The Department deferred action on Republic's request for issuance of a certificate when it initially issued the U.S.-Canada exemption, noting that the Department would address Republic's request for certificate authority separately. No action has been taken to date with respect to Republic's request for U.S.-Canada certificate authority. On December 12, 2007, Republic applied for blanket open-skies certificate authority, which would include U.S.-Canada (Docket DOT-OST-2007-0084) in response to a DOT notice inviting such applications. Republic hereby incorporates by reference all relevant information submitted in this docket, Docket DOT-OST-2007-0084 and Docket DOT-OST-2003-14579 to support this application. Republic urges the Department to act promptly on the instant request or, in the alternative, to act promptly on Republic's pending application for blanket open-skies certificate authority. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-1996-1346 - Exemption - US-Brazil Frequency Allocation January 11, 2008 Application for Renewal of an Exemption United Air Lines, Inc. hereby applies for renewal of two exemption authorities in the above-eaptioned dockets which support, inter alia, a number of United's U.S.-South America operations, both code share and direct. United requests that these two exemptions be renewed for a minimum period of two years or until the Department grants United's corresponding application for a certificate of public convenience and necessity, as amended, pending in Docket OST-1995-495. United requests that the Department renew its aforesaid exemption authorities for a minimum period of two years, subject to the usual conditions, or until the Department grants United's corresponding application for a certificate of public convenience and necessity, as amended, currently pending in Docket OST-1995-495. Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com OST-2003-16213 - US-People's Republic of China Codesharing with Air China Filed August 22, 2005 | Issued January 11, 2008 Renewal of scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the United States, and any point or points in the People’s Republic of China. United operates this service pursuant to its code-share arrangement with Air China Limited d/b/a Air China. By: Paul Gretch OST-1999-5743 - Exemption - US-Japan Codesharing with Nippon Cargo Airlines Filed September 28, 2006 | Issued January 11, 2008 Renewal of scheduled foreign air transportation of property and mail between any point or points in the United States, and any intermediate point or points, and any point or points in Japan, and any point or points beyond Japan. UPS states that the requested authority will be used solely in conjunction with a code-share agreement between UPS and Nippon Cargo Airlines Co., Ltd. By: Paul Gretch |
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