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OST Docket Filings for January 18, 2008
Updated:
| Applications and Renewals:
AeroMexico - San Jose del Cabo-San Diego Renewal / Will Not Renew Guadalajara-San Francisco, Mexico City-Ft. Lauderdale, Mexico City-Boston, Mexico City-Washington, DC, El Bajio/Morelia-Ontario, CA or Aguascalientes-Ontario, CA Air Italy - Italy-US Charters Compass - US-Canada Amendment Evergreen - US-Colombia All-Cargo Renewal Federal Express - US-Russia All-Cargo Waiver Renewal Lan Peru - Peru-US-Beyond Renewal Northwest - US-South America Renewal / US-Mexico Codeshare Amended Authority Answers and Replies: ABX Air - Polling Results (US-Bolivia All-Cargo) EAS at Jackson, TN - Jackson-Madison County Airport in Support of Great Lakes EAS at Ogdensburg, Massena and Watertown, NY - Albany County Airport Authority in Support of Boston-Maine United - Answer of Delta (Los Angeles-San Jose del Cabo) Notices of Action Taken: IATA - Approvals of Agreements United - US-China Codesharing with Air China Renewal Notices and Orders: EAS at DuBois and Franklin/Oil City, PA, Greenbrier/White Sulphur Springs/Lewisburg, WV and Athens, GA - Extending Service Obligation Westcan - Granting Exemption and to Show Cause (Canada-US All-Cargo Charter) |
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OST-2008-0021 - Exemption - US-Bolivia All-Cargo January 18, 2008 Counsel for ABX Air, Inc. has polled each of the carriers served with the Application of ABX Air, Inc. for an Exemption filed in the above-referenced Docket on January 14, 2008 and hereby reports that the Application is unopposed. In the absence of any objection, ABX urges the Department to act promptly on the Application. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300 Aerovias de Mexico, S.A. de C.V.
OST-1995-327 - Exemption - San Jose del Cabo-San Diego January 18, 2008 Application for Renewal of Exemption Authority By this application, Aeromexico seeks renewal of its exemption authority to provide service between San Jose del Cabo and San Diego. The authority was granted by Notice of Action Taken, dated February 14, 2007, and currently is set to expire on February 14, 2008. Aeromexico currently is serving the market with daily B-737 nonstop service. The response to the service has been satisfactory and Aeromexico would like to continue the authority for an additional year. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com
OST-2002-14070 - Exemption - Guadalajara-San Francisco January 18, 2008 By Notice of Action Taken dated February 13, 2007, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between Guadalajara, Mexico, and San Francisco, California. The exemption is to expire on February 13, 2008. Please be advised that Aeromexico does not intend to seek renewal of this exemption authority. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com
OST-2003-15252 - Exemption - Mexico City-Ft. Lauderdale January 18, 2008 By Notice of Action Taken dated February 13, 2007, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between Mexico City, Mexico, and Ft. Lauderdale, Florida. The exemption is to expire on February 13, 2008. Please be advised that Aeromexico does not intend to seek renewal of this exemption authority. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com
OST-2003-16269 - Exemption - Cancun/Mexico City-Boston January 18, 2008 By Notice of Action Taken dated February 14, 2007, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between Mexico City, Mexico, and Boston, Massachusetts. The exemption is to expire on February 14, 2008. Please be advised that Aeromexico does not intend to seek renewal of this exemption authority. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com
OST-2004-19436 - Exemption - Mexico City-Washington, DC January 18, 2008 By Notice of Action Taken dated February 14, 2007, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between Mexico City, Mexico, and Washington, D.C. The exemption is to expire on February 14, 2008. Please be advised that Aeromexico does not intend to seek renewal of this exemption authority. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com
OST-2005-22677 - Exemption - Leon/El Bajio-Ontario, California; Morelia-Ontario, California January 18, 2008 By Notice of Action Taken dated February 15, 2007, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between Leon/EI Bajio and Morelia, Mexico, on the one hand, and Ontario, California, on the other. The exemption is to expire on February 15, 2008. Please be advised that Aeromexico does not intend to seek renewal of this exemption authority. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com
OST-2005-23164 - Exemption - Aguascalientes-Ontario, CA January 18, 2008 By Notice of Action Taken dated February 15, 2007, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between Aguascalientes, Mexico, and Ontario, California. The exemption is to expire on February 15, 2008. Please be advised that Aeromexico does not intend to seek renewal of this exemption authority. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com
OST-2008-0026 - Foreign Air Carrier Permit - Italy-US Charters January 18, 2008 Air Italy S.pA., an Italian air carrier, hereby applies pursuant to 49 U.S.C. § 40109(c) for exemption from the requirements of 49 U.S.C. § 41301 pending final decision upon its application for foreign air carrier permit filed in Docket DOT-OST-2008-0026, so as to authorize Air Italy to engage in charter foreign air transportation of persons and their accompanying baggage and property: (1) Between any point or points in the Republic of Italy and any points or points in the territory of the United States; and between any point or points in the United States and any point or points in any third country or countries, subject to the conditions set out in the currently effective "Open Skies" Agreement between the Republic of Italy and the United States; and to engage in such other charter trips in foreign air transportation as the Department may authorize pursuant to the terms, conditions and limitations of Part 212. Applicant presently operates one Boeing 767-300 aircraft; and proposes to engage in the operations for which authority is sought here with that aircraft type; or, as needed with one or more of its three Boeing 757-230 aircraft. Counsel: Miller Hamilton, Lester Bridgeman, 251-439-7536 OST-2006-24295 - Exemption - US-Canada January 18, 2008 Application to Amend Exemption Compass Airlines, Inc. hereby requests amendment of its u.S.-Canada exemption (Notice ofAction Taken, Docket OST-2007-28132; issued on August 6, 2007) to remove the condition which limits Compass's authority to operations performed under a fee-for-service agreement with major U.S. carriers. Compass respectfully requests that the Department amend the U.S.-Canada exemption condition described herein simultaneously with the amendment of Compass's Interstate Certificate Authority in Docket OST-2006-24295. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com Essential Air Service at DuBois and Franklin/Oil City, Pennsylvania, Greenbrier/White Sulphur Springs/Lewisburg, West Virginia and Athens, Georgia Order 2008-1-14 Issued January 18, 2008 | Served January 24, 2008 Order Extending Service Obligation By this order, the Department of Transportation extends the service obligation of Air Midwest, Inc., at the four above-captioned communities, for an additional 30 days, through February 29, 2008. We have extended Air Midwest’s service obligation for additional 30-day periods, the latest through January 30, 2008, by Order 2007-12-16. By: Michael Reynolds
Essential Air Service at Jackson, Tennessee January 15, 2008 Re: Jackson-Madison County Airport in Support of Great Lakes We have discussed the various proposals with the local Chamber of Commerce and community leaders. It is clear from their responses that service to Cincinnati is by far the community's choice. In spite of the large number of late flights and cancellations by Big Sky Airlines, our recent Cincinnati rights had greater usage than we had previously experienced to St. Louis. We would like to see this trend continue. Many worldwide companies such as Procter and Gamble, Black and Decker, Delta Faucet. Whirlpool, Owens‑Corning and Toyota have major facilities here. The availability of direct international service from Cincinnati and its many daily flights to US cities makes the selection of Great Lakes proposal for Cincinnati service the best bet for increasing our boardings and reducing or eliminating our need for EAS support in the future. By: Russell Farmer Essential Air Service at Ogdensburg, Massena and Watertown, New York January 17, 2008 Re: Albany County Airport Authority in Support of Boston-Maine We are concerned that if the proposal from Boston-Maine Airways is rejected that another carrier will not respond and air service to these cities would be unavailable. Therefore, we strongly urge the U,S. Department of Transportation to accept the proposal by Boston-Maine Airways to provide Essential Air Service to Massena, Ogdensburg and Watertown, New York. By: John O'Donnell Evergreen International Airlines, Inc. OST-2002-12131 - Exemption - US-Colombia All-Cargo January 18, 2008 Application for Renewal of Exemption Authority Evergreen International Airlines, Inc. respectfully requests renewal of its exemption authority granted by Notice of Action Taken, dated April 21, 2006, which permits it to engage in scheduled foreign air transportation of property and mail from points in the United States, via intermediate points, to points in Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com OST-1996-2018 - Exemption and Frequency Allocation - US-Russia All-Cargo Service January 17, 2008 Application for Renewal of Waiver In 2002, the Route Annex to the U.S.-Russian Federation bilateral agreement was revised to suspend those Russia/Europe fifth-freedom rights, Negotiations since that time between the United States and the Russian Federation, including the most recent round which took place in May 2007, failed to result in a lifting of the suspension. Because connectivity between Russia and Europe is essential to FedEx Express' plans for resuming U.S.-Russia scheduled all-cargo service. this ongoing limitation makes it commercially impossible for FedEx Express to reinstitute such service at this time. FedEx Express remains interested in, and committed to, reinstituting scheduled all-cargo service as soon as regulatory and economic conditions permit. FedEx Express expended considerable resources in developing the market during the period it was able to operate its five weekly scheduled flights. FedEx Express has served the market in cooperation with interline partners since operations with its own aircraft were suspended. The Company continues to maintain a fully staffed office in Moscow, and provides service to all major Russian cities. Renewal of this waiver of the dormancy condition would not deprive any other U.S. carrier of the opportunity to provide U.S.-Russian all-cargo service, since the supply of frequencies exceeds demand. The existing Annexes allow U.S. airlines to operate twenty-three weekly all-cargo frequencies between the United States and Russia. Many of these frequencies remain open and available to U.S. carriers. FedEx Express therefore seeks a further waiver of its dormancy condition for one year. Counsel: Federal Express, David Short, 901-434-8584 International Air Transport Association
Filed November 8, 2007 | Approved January 14, 2008 By: John Kiser
Filed November 8, 2007 | Approved January 15, 2008 By: John Kiser
Filed November 8, 2007 | Approved January 15, 2008 By: John Kiser
Filed December 15, 2007 | Approved January 17, 2008 By: John Kiser OST-2004-19965 - Statements of Authorization - Blanket Codesharing January 17, 2008 Application for Renewal of Exemption LAN Peru hereby applies for renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property and mail (1) between points in the United States, (2) between points in the United States and points in Peru (either nonstop or via intermediate points in third countries), (3) between points in the United States and points in third countries, and (4) between points in Peru and points in third countries. On February 16, 2007, the Department of Transportation issued a Notice of Action Taken (Corrected Copy) in this docket approving LAN Peru’s exemption authority for a one year period. This exemption authority is currently set to expire on February 2, 2008. Under the same Notice of Action (OST-2004-19965), DOT granted a two year exemption to American Airlines. American Airlines, Inc. and LAN Peru continue to hold the necessary authority to operate the code-share services at issue, and the code-share agreement providing for the code-share operations remains in effect. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
OST-2003-15507 - US-Mexico Codesharing with Delta January 18, 2008 Application for Amended US-Mexico Exemption and Codeshare Authority Hereby requests amendment or reinstatement of certain exemption authorities under 49 U.S.C. § 41101 and designations to enable Northwest to provide scheduled foreign air transportation of persons, property and mail on a codeshare basis between the United States and Mexico. Northwest has previously been authorized and designated to provide codeshare service on each of the subject routes. However, due to changes in the service patterns of Northwest's mainline codeshare partners and their respective regional affiliates, Northwest requests amended exemption authority and/or additional codeshare designations to reflect current operator(s). Northwest also requests reinstatement of certain previously authorized codeshare routes for which exemption authority has expired. A surplus of codeshare‑only designations exists in each of the markets where Northwest is requesting amendment or reinstatement of exemptions. The relief requested by Northwest is in the public interest for the same reasons that supported the original issuance of codeshare exemption authority to Northwest for each of the subject routes.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2006-23978 - Exemption - US-Latin America - Codeshare with Continental Airlines January 18, 2008 Application for Renewal of Exemptions Northwest hereby requests renewal of the exemption authorities, which enable Northwest to offer scheduled foreign air transportation of persons, property and mail between the United Sates and various foreign points. The exemption services are operated either by Northwest, or its codeshare partners Delta, Continental or ExpressJet. Northwest requests renewal of these exemptions for a period of at least two years. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2008-0023 - Exemption - Los Angeles-San Jose del Cabo January 18, 2008 Since United and Delta both seek this designation, their requests are mutually exclusive, and the Department is required to institute a comparative selection proceeding to consider the merits of the competing applications in accordance with Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). In fact, United concedes that a comparative selection proceeding is necessary, noting that it would provide "a full detail of its level of proposed service ... should that be required by the Department for purposes of carrier selection." Accordingly, Delta urges the Department promptly to institute a carrier selection proceeding to allocate the dormant Los Angeles - San Jose del Cabo opportunity. In that proceeding Delta will demonstrate the superiority of its proposed Los Angeles - San Jose del Cabo service proposal over those of any other carrier-applicants. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2003-16213 - Exemption - US-People's Republic of China Codesharing with Air China Filed August 22, 2005 | Issued January 18, 2008 Notice of Action Taken - Amended Copy | Word 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 other carriers. United currently operates these services pursuant to its code-share arrangements with Air China Limited d/b/a Air China and Shanghai Airlines Co., Ltd. We are amending the Notice of Action Taken issued in this docket on January 11, 2008, to clarify that the exemption authority granted to United is not limited to code-share services with a single carrier. On March 10, 2006, in Docket DOT-OST-2006-24167, United requested that the Department amend its exemption authority in Docket DOT-OST-2003-16213, to the extent necessary, to also include code-share services between the U.S. and China under United’s code-share arrangement with (i) any carrier, or, alternatively; (ii) Shanghai Airlines. United’s request in Docket DOT-OST-2006-24167 was unopposed, and United served the incumbent carriers with its application in both dockets. By our action in this amended Notice, we are effectively granting United’s Docket DOT-OST-2006-24167 request. By: Paul Gretch Westcan International Airlines, Ltd. Order 2008-1-15 Issued and Served January 18, 2008 Order Granting Exemption and to Show Cause We grant the request of WestCan International Airlines Ltd. for an exemption under 49 U.S.C. §40109 to permit it to engage in charter foreign air transportation of property and mail between Canada and the United States, and other charters in accordance with 14 CFR Part 212. With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department. By: Paul Gretch |
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