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OST Docket Filings for February 12, 2008
Updated:
| Applications and Renewals:
EOS Airlines - Supplement No. 3 (Interstate Certificate) FedEx - Form 41 Confidentiality Motion Answers and Replies: Caribbean Airlines - Polling Results (Georgetown, Guyana-Trinidad & Tobago-US) DCA Slots - Reply of Midwest to Additional Response of AirTran Reciprocity Confirmations - Confirmation of UK Government Notices of Action Taken: AeroMexico - Mexico City/Monterrey-Detroit and Chihuahua-Albuquerque Notices and Orders: ACM Air Charter - Granting Exemption and to Show Cause (Germany-US Executive Charters) Florida Coastal Airlines - Revoking Commuter Authority SAS - Granting Exemption and to Show Cause (US-EU Open-Skies) |
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Aerovias de Mexico, S.A. de C.V. OST-2008-0028 - Exemption - Mexico City/Monterrey-Detroit and Chihuahua-Albuquerque Filed January 23, 2008 | Issued February 12, 2008 Exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between: 1) Mexico City and Monterrey, Mexico, on the one hand, and Detroit, Michigan, on the other hand; and 2) Chihuahua, Mexico, and Albuquerque, New Mexico. By: Paul Gretch ACM Air Charter Luftfahrtgesellschaft mbH Order 2008-2-15 Issued and Served February 12, 2008 Order Granting Exemption and to Show Cause By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit. By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit: a) foreign charter air transportation of persons, property, and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; b) foreign charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area; c) foreign charter air transportation of cargo between any point or points in the United States and any other point or points; d) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and e) charter transportation authorized by any additional route rights made available to European Community carriers in the future. We grant the request of ACM Air Charter Luftfahrtgesellschaft mbH for confidential treatment of its financial submissions. With respect to the applicant’s request for an amended 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 OST-2008-0053 - Exemption - Georgetown, Guyana-Trinidad & Tobago-US February 12, 2008 On February 5, 2008, Caribbean Airlines Limited filed an application for an exemption from 49 U.S.C. § 41301 to serve Georgetown, Guyana, as an intermediate and beyond point in connection with the company's operations between Trinidad and Tobago and the United States. The undersigned has conducted a poll of the relevant U.S. airlines and can report that there are no objections to a grant of the application. Consequently, expedited action on the application would be greatly appreciated. Counsel: Mietus Law, William Evans, 410-827-5074, bill@mietuslaw.com OST-2007-0121 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger February 12, 2008
Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com OST-1997-2494 - Confidential Treatment - Form 41 Schedule B-7 February 11, 2008 Motion for Confidential Treatment Counsel: FedEx, Bailey Leopard, 901-434-6664 Florida Coastal Airlines, Inc. Order 2008-2-16 Issued and Served February 12, 2008 Order Revoking Commuter Authority By this order, we revoke the Commuter Air Carrier Authorization issued to Florida Coastal Airlines, Inc. for reason of dormancy. By Order 2002-7-24, issued July 15, 2002, the Department found FCA fit, willing, and able to conduct scheduled passenger operations as a commuter air carrier and issued to it a Commuter Air Carrier Authorization. That authority was made effective by Order 2003-1-15, issued January 17, 2003. In March 2006, FCA began reducing the frequency of its scheduled service and ultimately ceased all of its commuter operations in October 2006. By letter dated October 17, 2006, the Department advised FCA that, pursuant to section 204.7 of the Department's Aviation Economic Regulations, its commuter authority was suspended and it could neither resume nor advertise commuter operations until its fitness to do so had been redetermined. We further stated that, under section 204.7 of our rules, if the carrier did not resume operations within one year of its cessation, its authority would be revoked for reason of dormancy. It has now been more than one year since FCA ceased operations and we have not received an application from FCA to have its fitness redetermined. By: Todd Homan February 11, 2008 Re: Reciprocity Confirmation of UK Government This letter is to confirm that the UK Government. on the basis of reciprocity, will approve requests from US-designated airlines to perform fifth, sixth and seventh freedom charter operations on the understanding that the US Government will approve similar requests from UK-designated airlines. The UK Government also confirms that approval for similar charter operations by US airlines to the UK's Overseas Territories will also be granted. where reciprocity applies. By: Clive Wright, 202-588-6696, clive.wright@fco.gov.uk Ronald Reagan Washington National Airport Slot Exemptions February 5, 2008 Motion for Leave to File and Reply of Midwest Airlines to Additional Response of AirTran Airways AirTran states in its additional response that AirTran recently announced the it will operate additional flights in new nonstop Milwaukee markets, thereby enhancing opportunities for connecting passengers to DCA. Midwest would observe that by AirTran's own admission, much of its new service at Milwaukee is seasonal In nature. Hence flights to Los Angeles, Seattle-Tacoma, San Francisco, San Diego and Boston will begin in May 2008 but all will be out of the schedule by early November. Midwest is not suggesting by this comment that there is no place for seasonal flight schedules. Rather, it is to highlight the AirTran claim on page 4 of its filing that DCA-Milwaukee passengers will be able to connect over Milwaukee to a growing number of cities served by AirTran from Milwaukee. AirTran would have to admit that many of the cities to which AirTran notes it will provide new Milwaukee service are only served seasonally, indicating the benefit claimed by AirTran is not a consistently available one. It is, of course, incorrect to suggest or imply, as does AirTran on page 3 of its filing that Northwest Airlines has a 47% stake in Midwest. As detailed In Midwest's Consolidated Comments, Midwest Air Partners, LLC an affiliate of TPG Capital, acquired Midwest Air Group, Inc. Northwest is an investor in Midwest Air Partners, having supplied 47% of the capital used to acquire Midwest Air Group. However, and quite significantly, and as AirTran well knows, Northwest has no ability to control the activities of Midwest Air Partners even though it is a 47% stakeholder, much less control Midwest Air Group. Midwest and Northwest are and remain two independent carriers and the TPG transaction does not in the least represent the beginning of the process by which other carriers may seek to merge. The internal logic of the AirTran submission is lacking to the extent it argues that only if it is awarded DCA-Milwaukee slots can the benefits of deregulation be preserved in the mid-continent section of the county, assuming that carriers will be permitted to merge, should they decide to do so. On the other hand, AirTran notes its build-up of Milwaukee is going forward. With or without DCA-Milwaukee slots, AirTran has committed itself to the Milwaukee market (at least seasonally) undercutting any claim AirTran can try to make that the DCA slots are indispensable to its Milwaukee strategy. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com Order 2008-2-17 Issued and Served February 12, 2008 Order Granting Exemption and to Show Cause By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit. We grant the request of Scandinavian Airlines System for an exemption under 49 U.S.C. §40109 to permit it (1) effective on the issue date of this order, to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008, to commence flight operations, for the services: a) foreign scheduled and charter air transportation of persons, property and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; b) foreign scheduled and charter air transportation of persons, property and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area; c) foreign scheduled and charter cargo air transportation between any point or points in the United States and any point or points; d) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and transportation authorized by any additional route rights made available to European Community carriers in the future. 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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