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OST Docket Filings for February 25, 2008
Updated:
| Applications and Renewals:
Cathay Pacific - Hong Kong-US Amendment DC Aviation - Supplement No. 1 (EU-US Open-Skies) Delta and Air France - Notice of Additional Codesharing (Paris/Nice/Lyon-World Cities) Delta and China Southern - Amended US-China Codesharing Answers and Replies: Form 41 Confidentiality Motions - Delta | UPS Pacific Airways - One Year Report (Interstate Certificate) Priester Aviation - Warsaw Agreement / Family Assistance Plan Pullmantur - Service Clarification (Spain-US Passenger Charters) Reciprocity Confirmations - Confirmation of Federal Office of Civil Aviation of Switzerland Notices of Action Taken: Caribbean Airlines - Trinidad & Tobago-US via Intermediate Points Renewal Skyservice and Air Transat - US-Canada Codesharing - Corrected Copy - Missing Since October 30, 2007 Virgin Atlantic and Air Jamaica - London-Kingston/Montego Bay via Miami Windward Islands Airways - St. Kitts and Nevis-St. Maarten Codesharing with US Airways Renewal Notices and Orders: EAS at DuBois and Franklin/Oil City, PA, Greenbrier/White Sulphur Springs/Lewisburg, WV and Athens, GA - Extending Service Obligation ExpressJet - Registration of Trade Name (United Express) |
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OST-2006-26586 - Exemption - Trinidad & Tobago-US via Intermediate Points Filed December 21, 2007 | Issued February 25, 2008 Renew exemption from 49 U.S.C. § 41301 to engage in (a) scheduled foreign air transportation of persons, property and mail between Trinidad and Tobago via the intermediate points of Antigua, Aruba, the Bahamas, Barbados, Belize, Bermuda, Bonaire and Curacao, the Cayman Islands, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, St. Kitts, and St. Lucia, to the U.S. Virgin Islands, San Juan, New York, Miami, Orlando, Boston, and Washington, D.C. and beyond San Juan to Zurich and Stockholm, beyond New York to Toronto, and beyond Miami and San Juan to Mexico and points in Central America except Belize; and (2) between Trinidad and Tobago via Antigua, Barbados, Grenada, St. Lucia and St. Maarten to San Juan and beyond to Jamaica; (b) charter foreign air transportation of persons, property and mail between points in Trinidad and Tobago and points in the United States; and (c) other charters pursuant to Part 212 of the Department’s rules. By: Paul Gretch Cathay Pacific Airways Limited OST-2003-14493 - Exemption - Hong Kong-US February 25, 2008 In the five years since the application was filed, the Department has twice granted Hong Kong carriers broad authority "to engage in scheduled foreign air transportation [from] Hong Kong, via intermediate points, to a point or points in the United States and beyond" without comment from U.S. carriers. Notices of Action Taken dated June 20, 2006 in Docket OST-2005-20403 (Hong Kong Dragon Airlines Limited d/b/a Dragonair) and August 9, 2007 in Docket OST-2007-27248 (Oasis Hong Kong Airlines Limited). Both Notices cite the 2002 Memorandum of Understanding as the basis for approval, and the Department addresses the question of intermediate and beyond service restrictions by noting alternatively that "Dragonair must adhere to the provisions of the Agreement and MOU" or that the Oasis authority "is subject to our receipt of notification from the Government of Hong Kong of the points and frequencies it has allocated to Oasis for intermediate and beyond rights...." As a result ofthe foregoing, Cathay Pacific hereby amends its pending application to request exemption authority that conforms to the Dragonair and Oasis Notices. Thus, it requests exemption authority, for an initial period of one year, to engage in: (1) scheduled foreign air transportation of persons, property and mail from Hong Kong, via intermediate points, to a point or points in the United States, as coterminal points, and beyond; (2) scheduled foreign air transportation of property and mail from Hong Kong, via intermediate points, to a point or points in the United States, as coterminal points, and beyond; and (3) charter foreign air transportation subject to Part 212 of the Department's regulations. If necessary, the Department could subject the authority to a condition requiring compliance with the terms and conditions of the 2002 Memorandum, while clarifying that Cathay Pacific is not required to apply to the Department to serve new points permitted under the 2002 Memorandum. Like Dragonair and Oasis, Cathay Pacific has been designated by the Government ofHong Kong for the Hong Kong routes set forth in Appendix 1 to the 2002 Memorandum. And given the Department's actions with respect to Dragonair and Oasis -- which are consistent with both the state of U.S.-Hong Kong aviation relations and the Department's efforts to streamline the granting of economic authority -- the requested authority should not be controversial. Moreover, grant of the exemption is in the public interest because it would enable Cathay Pacific to institute new Hong Kong-U.S. services expeditiously, and it would reduce the administrative burden of processing multiple applications for renewal of existing authority and applications for new service points. Counsel: Mietus Law, John Mietus, 202-747-5212 OST-2001-9558 - Exemption - US-Germany February 22, 2008 DC Aviation is filing this supplement to update the record concerning ownership changes and to perfect its long-pending permit application for immediate consideration by the Department. In addition, DC Aviation is modifying the scope of the authority requested in its permit application to reflect the new route rights that will soon become available to German carriers under the new EU-U.S. open-skies agreement. DC Aviation specifically requests authority to conduct the following services in addition to the U.S.-Germany charter services authorized under its existing exemption authority, effective March 30, 2008: 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 EU 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 point or points; d) other charters pursuant to the prior approval requirements set forth in the Department's regulations governing charters; and e) charter transportation authorized by any additional route rights made available to European Community carriers in the future, to the extent permitted by DC Aviation's homeland license on file with the Department. The Company has held DOT exemption authority to conduct charter flights consistent with the U.S.-Germany open-skies agreement since 2001. This authority was most recently renewed for a two-year period by Notice of Action Taken dated February 17, 2007 (Docket OST-2001-9557). Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com OST-1995-651 - Form 41 Schedule B-7 February 12, 2008 Motion for Confidential Treatment Pursuant to Rule 12 Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999 Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc. and Comair, Inc. and Societe Air France, Brit Air, City Jet and Regional OST-2000-6939 - US-France Blanket Codesharing February 25, 2008 Notice of Additional Codeshare Delta/Air France previously provided notice with respect to all of these beyond-gateway points via the Paris gateway. By Notice dated September 2, 2003. the carriers added beyond-gateway service to existing and future codesharing points via the Nice gateway. The Department routinely permits U.S. carriers to exercise such flexibility in operating beyond/behind-gateway codeshare flights via multiple transatlantic gateways within the homeland country of open-skies codesharing partners. See. e.g., Docket OST-2001-10417 (authorizing Delta/Alitalia services between the Rome/MilaniVenice gateways and multiple points in Italy and third countries). Further, Delta/Air France hereby notify the Department that the following 11 points that have been noticed previously for codesharing by Delta on Air France have been omitted because codeshare services to them have been terminated or were never initiated: Bangui, Central African Republic; Djibouti, Djibouti: Malabo, Equatorial Guinea: Nairobi, Kenya, Kuwait, Agadir, Morocco: Port Harcourt, Nigeria; Doha, Qatar; Pointe Noire. Republic of the Congo: Abu Dhabi, United Arab Emirates; and Tashkent, Uzbekistan. Counsel: Air France and Silverberg Goldman, Michael Goldman, 202-944-3305 / Delta and Hogan & Hartson, Robert Cohn, 202-637-4999 Delta Air Lines, Inc. and China Southern Airlines Company Limited OST-1997-2653 - Delta - US-China Codeshare with China Southern (Los Angeles-Guangzhou) February 25, 2008 Joint Application for Amended Statements of Authorization and Exemptions With this Joint Application, Delta and China Southern are seeking to expand further their codesharing authority to the fullest extent permitted under the current bilateral relationship and enhance their flexibility to offer codeshare services. In particular, the Joint Applicants are seeking authority to enable China Southern to place its "CZ*" code on U.S.-China flights operated by Delta, and to enable both carriers to add codesharing services to third-country points. Upon approval of this Joint Application, the Joint Applicants plan to offer China Southern "CZ*"-coded service on Delta's forthcoming nonstop flights between Atlanta, Georgia, and Shanghai, China. Because Delta is scheduled to commence service on this route on March 30, 2008, the Joint Applicants urge approval of this Joint Application by March 3, 2008, to provide China Southern with ample opportunity to engage in advance sales activities. The Joint Applicants also plan to maintain their existing, previously-approved codeshare services. Counsel: Hogan & Hartson, George Carneal, 202-637-6546 for China Southern / Hogan & Hartson, Robert Cohn, 202-637-4999 for Delta Essential Air Service at DuBois and Franklin/Oil City, Pennsylvania, Greenbrier/White Sulphur Springs/Lewisburg, West Virginia and Athens, Georgia Order 2008-2-27 Issued February 21, 2008 | Served February 26, 2008 Order Extending Service Obligation By this order, the DOT extends the service obligation of Air Midwest at the four above-captioned communities, for an additional 30 days, through March 31. By: Todd Homan
Served February 25, 2008 Notice of Registration of Trade Name On February 15, 2008, ExpressJet Airlines, Inc. d/b/a Continental Express d/b/a ExpressJet Corporate Aviation d/b/a JetBlue Airways d/b/a Delta Connection d/b/a Frontier Airlines, a U.S. certificated air carrier, requested that the Department register the trade name "United Express" for use in certain of its air transportation operations. we note that ExpressJet acknowledges that United will make all required disclosures of the identity of the operating air carrier in accordance with the provisions of Part 257 of the DOT's regulations (14 CFR Part 257). In addition, the aircraft to be used by ExpressJet in the United codeshare program must clearly state that ExpressJet is the operating air carrier. Since ExpressJet has complied with the requirements of Part 215, we acknowledge the registration of the trade name "United Express" by ExpressJet for immediate use in its operations. By: Todd Homan OST-2006-23898 - Section 41102 Certificate Authority December 20, 2007 Attached for you information is the current flight schedule for Pacific Airways taken from its website at http://www.flvpacificairways.com. It continues to lease the same seven aircraft as described in the original application, and these aircraft are owned by shareholders, employees or relatives. There has been one recent change in key personnel. Director of Operations Mike Rhoads has resigned his position and left the employ of the company although he retains his stock ownership. The FAA has approved the temporary "appointment of Josh Murdoch to be Director of Operations as well as Director of Maintenance. This issue will be resolved before the summer season and a full biography of the new personnel will be provided as soon as known. Pacific Airways employs about 15 personnel in the winter and 30 employees in the summer season. Counsel: MTC, Hank Myers, 425-641-8243, hank@mtcworld.com
OST-1995-236 - Warsaw Liability Limitations February 20, 2008 Counsel: Jackson Wade, Kent Jackson, 913-338-1700, counsel@jetlaw.com
OST-1998-3305 - Family Assistance Plans February 18, 2008 Counsel: Jackson Wade, Kent Jackson, 913-338-1700, counsel@jetlaw.com OST-2003-16831 - Foreign Air Carrier Permit - Spain-US Passenger Charters February 20, 2008 Email Message - Service Clarification This is to clarity that Pullmantur SA is seeking authority to provide both scheduled and nonscheduled service in the above-captioned docket. Counsel: Holland & Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com February 14, 2008 Re: Confirmation of the Federal Office of Civil Aviation of Switzerland The Federal Office of Civil Aviation of Switzerland herewith confirms, that this office will grant, on the basis of reciprocity, to any air carrier designated by the United States of America, the right to conduct third, fourth and fifth freedom ad hoc charter flights to/from Switzerland, which are In conformity with the Air Transport Agreement between the Government of Switzerland and the Government of the United States of America, signed In Washington on June 15, 1995. By: Marcel Zuckschwerdt Skyservice Airlines, Inc./Lignes Aeriennes Skyservice Inc. and Air Transat A.T. Inc. OST-2007-0026 - Statements of Authorization - US-Canada Codesharing Filed October 23, 2007 | Supplemented October 25, 2007 | Approved October 30, 2007 Department Action on Application - Corrected Copy Joint application of Skyservice Airlines, Inc./Lignes Aeriennes Skyservice, Inc. and Air Transat A.T., Inc. for a statement of anthorization to permit Skyservice to display the "TS*" designator code of Transat on flights operated by Skyservice between points in Canada and points in the United States. The Joint Applicants also request waiver of the 45-day advance filing requirement under 14 CFR Part 212. The Joint Applicants state that Skyservice initially plans to display Air Transat's "TS*" designator code on flights operated by Skyservice between Toronto, Canada, on the one hand, and Fort Lauderdale and Orlando, Florida, on the other hand, commencing service on November 3, 2007. The Department is acting on the Joint Applicants' request prior to the expiration of the 45-day advance filing requirement with the consent of all parties served. This document is reissued to reflect the broader authority requested by the Joint Applicants. By: Robert Finamore
OST-1995-125 - Form 41 Confidential Treatment (B-7) January 22, 2008 Motion for Confidential Treatment Pursuant to Rule 39 Counsel: Kelley Drye, David Vaughan, 202-342-8462 Virgin Atlantic Airways Ltd. and Air Jamaica Limited OST-2008-0014 - Statements of Authorization - London-Kingston/Montego Bay via Miami Filed January 9, 2008 | Approved February 22, 2008 Department Action on Application Joint application of Virgin Atlantic Airways Ltd. and Air Jamaica Limited for: 1) a statement of authorization to permit Virgin Atlantic to display the Air Jamaica designator code (JM*) on flights operated by Virgin Atlantic between London and Miami; and 2) a statement of authorization to permit Air Jamaica to display the Virgin Atlantic designator code (VS*) on flights operated by Air Jamaica between Miami, on the one hand, and Kingston and Montego Bay, on the other hand. The applicants indicate that they plan to offer services between London and KingstonlMontego Bay via Miami. By: Robert Finnamore Windward Islands Airways International, N.V. OST-2003-16509 - Exemption - St. Kitts and Nevis-St. Maarten Codesharing with US Airways Filed December 12, 2007 | Issued February 25, 2008 Renew for two years exemption from 49 U.S.C. § 41301 to permit Windward Islands Airways to place US Airways’s designator code on flights operated by Windward Islands Airways (1) between St. Maarten, Netherlands Antilles, on the one hand, and the British Virgin Islands, on the other hand, and (2) between St. Kitts, on the one hand, and Nevis, on the other hand. By: Paul Gretch |
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