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OST Docket Filings for February 28, 2008

Updated: 2/29/08 | 11:15 AM

Applications and Renewals:

Federal Express - Form 41 Motion

Answers and Replies:

Air Choice One - DOT Request for Additional Information - Missing Since September 28, 2007

Delta and China Southern - Polling Results (US-China Codesharing)

EAS at Manistee/Ludington and Ironwood, MI and Ashland, WI - Withdrawal of Motion for Extension of Proposal Time of Pacific Wings / Proposal of Great Lakes

IATA - Update on Motion for Partial Temporary Stay of Final Order (Passenger and Cargo Composite)

Notices of Action Taken:

LIAT - Puerto Rico and St. Vincent - Port-of-Spain - Dominicana Renewal

Notices and Orders:

Multi-Aero d/b/a Air Choice One - Issuing Effective Commuter Authority

Termination of Multiple Dockets

US Airways - Consent Order




Delta Air Lines, Inc. and China Southern Airlines Company Limited

OST-1997-2653 - Delta - US-China Codeshare with China Southern (Los Angeles-Guangzhou)
OST-1999-5031 - China Southern - China-US Codeshare/Blocked Space Agreement with Delta Air Lines
OST-2001-9314 - Delta - US-China Codeshare with China Southern
OST-2001-10172 - 2001 China Codeshare Points

February 28, 2008

Re: Polling Results

We have polled the U.S. carrier representatives served with the above-referenced Joint Application dated February 25, 2008, and no carrier representative has objected to the relief sought therein. Accordingly, Delta Air Lines, Inc. and China Southern Airlines Company Limited respectfully urge that the requested authority be granted as soon as possible.

Counsel: Hogan & Hartson, Jonathan Echmalian, 2002-637-5439, jechmanlian@hhlaw.com

http://www.delta.com/
http://www.cs-air.com/

Index


Essential Air Service at Manistee/Ludington and Ironwood, Michigan and Ashland, Wisconsin

OST-1996-1266 - Ironwood, MI/Ashland, WI
OST-1996-1711 - Manistee/Ludington


February 27, 2008

Withdrawal of Motion for Extension of Time to Submit Proposals of Pacific Wings

Pacific Wings Airlines, Ltd., by its counsel, hereby withdraws its motion to extend time to submit proposals in these proceedings. Pacific Wings understands that notwithstanding the urgent pleas from Midwest Connect to Pacific Wings to take its place and serve these Essential Air Service communities, Midwest Connect simultaneously was soliciting one or more other carriers, at least one of whom will submit a proposal. Pacific Wings apologizes to the Department for wasting its time.

Counsel: Patton Boggs, Gregory Walden, 202-457-6135, gwalden@pattonboggs.com


February 27, 2008

Proposal of Great Lakes Airlines

Great Lakes will provide service at these Essential Air Service points in a similar fashion as is offered in Denver and utilize our interline agreements with all the major carriers, which will enable connecting bag service through the Milwaukee hub. In addition, we will endeavor to obtain code-sharing arrangements with major carriers serving the Milwaukee market, to allow passengers in these EAS markets the seamless service, in which they are accustomed to, through Milwaukee to the destinations served by our partners and prospective partners.

All proposals contemplate the use of 19 seat Beechcraft 1900D airliner equipment.

Proposal Part
Service Point(s)
Hub(s) Served
Round Trips
Equipment
Subsidy Requirement
Passengers Forecast
Average Fare
1
Ironwood
Milwaukee
2
1900D
$1,492,865
6250
$97.92
2
Manistee
Milwaukee
2
1900D
$1,799,395
5750
$79.00

By: Great Lakes, Michael Matthews, 307-432-7000

http://flyfromironwood.com/ - Gogebic-Iron County Airport
http://www.swmiairport.com/ - Southwest Michigan Regional Airport

Index


Federal Express Corporation

OST-1997-2494 - Confidential Treatment, Form 41 Schedule B-7

February 25, 2008

Motion for Confidential Treatment Pursuant to Rule 12

Counsel: FedEx, Bailey Leopard, 901-434-6664

http://www.fedex.com/

Index


International Air Transport Association Tariff Conference Proceeding

OST-2006-25307

February 28, 2008

Re: Motion for Partial Temporary Stay of Final Order - Update

This letter concerns lATA's Motion for Partial Temporary Stay of Final Order, filed in the above docket on 18 June 2007, which motion is now pending. This letter serves to update that motion.

The Motion, at pp. 8-10, specifies dates (separately for four groups of activities) until which lATA requests a stay. Due to the passage of time since the Motion was filed, lATA has found it necessary to reschedule some of the activities contemplated by the Motion. Reflecting this rescheduling, lATA now requests that the 30 June 2007 effective date of ordering paragraph 1 of Order 2007-3-23 be stayed for the following limited times and purposes:

Counsel: Wiley Rein, Bert Rein

http://www.iata.org/

Index


LIAT (1974) Limited

OST-1998-3771 - Exemption - Puerto Rico and St. Vincent - Port-of-Spain - Dominicana

Filed January 30, 2008 | Issued February 28, 2008

Notice of Action Taken

Renew exemption under 49 USC §40109, issued January 31, 2007, to permit the applicant to engage in (1) scheduled foreign air transportation of persons, property and mail between (a) the coterminal points Antigua and Barbuda, Montserrat, and St. Kitts and Nevis; via the intermediate points Anguilla, the British Virgin Islands, and St. Maarten; and the coterminal points St. Croix, St. Thomas, and San Juan, Puerto Rico; and beyond to Santo Domingo, the Dominican Republic; (b) the coterminal points Antigua and Barbuda, and St. Kitts and Nevis, via the intermediate points St. Maarten and St. Lucia; and the terminal point Miami, Florida; (c) San Juan and St. Vincent, and beyond to Port of Spain, Trinidad; and (d) San Juan and Dominica; and (2) charter foreign air transportation of persons, property and mail pursuant to 14 CFR Part 212 of the Department’s regulations. LIAT asks that this authority be renewed for a period of two years.

LIAT sought authority for a two-year period. The one-year duration of the authority we granted is consistent with our usual policy of granting exemption authority in the circumstances presented. We, therefore, dismissed the application to the extent that it sought authority for a longer period.

By: Paul Gretch

http://www.liatairline.com/

Index


Multi-Aero, Inc. d/b/a Air Choice One


OST-2002-12417 - Scheduled Passenger Operations as a Commuter Air Carrier

September 28, 2007

Re: Request for Additional Information

This review has revealed the need for additional and/or clarifying information before we can complete processing of Multi-Aero's application.

  • General Information
  • Financial Position and Operational Plan
  • Compliance Disposition

By: Air Carrier Fitness Division, Ronale Taylor


Order 2008-2-32
OST-2002-12417 - Scheduled Passenger Operations as a Commuter Air Carrier

Issued and Served February 27, 2008

Order Issuing Effective Authority

On February 21, 2008, Multi-Aero filed updated fitness information, including third-party verification of its available funding, evidence of its appropriate liability insurance, and a copy of its Air Carrier Certificate and Operations Specifications from the FAA. The company also provided a statement confirming that it had not undergone any changes in its ownership, management, operations, financial posture, and compliance disposition since the Department issued its Show Cause Order on January 8, 2008. Our review of these documents was satisfactory. Under these circumstances, we conclude that there was no reason not to make Multi-Aero’s authority effective. By this order, we reissue to Multi-Aero its commuter air carrier authorization to reflect its effective date.

By: Todd Homan

http://www.airchoiceone.com/

Index


Termination of Dockets

Order 2008-2-36

Docket 43430 - Trans World Airlines - Certificate Authority
Docket 49564 - Trans World Airlines - New York-London Heathrow
Docket 49654 - American Airlines - Certificate Amendmet
Docket 49686 - Continental Airlines - Certificate Amendment
Docket 50218 - Delta Air Lines - Certificate Amendment
Docket DOT-OST-1996-1442 - Trans World Airlines - New York-London
Docket DOT-OST-1996-1668 - United Air Lines and Saudi Arabian Airlines - Renewal
Docket DOT-OST-1997-2089 - Laker Airways - UK-Florida Renewal
Docket DOT-OST-1997-2637 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1998-4333 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1998-4830 - Continental Airlines - Detroit-Cayman Islands
Docket DOT-OST-1998-4911 - American Airlines - US-Venezuela Codeshare with Aeropostal
Docket DOT-OST-1999-5078 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1999-5527 - American Airlines - US-London Gatwick
Docket DOT-OST-2000-7089 - Trans World Airlines - US-Japan Renewal
Docket DOT-OST-2000-7606 - American Airlines - Codeshare with TACA Group Carriers
Docket DOT-OST-2000-7660 - Aeromexico and Delta Air Lines - Chicago-Morelia
Docket DOT-OST-2001-10617 - Aeromexico - Acapulco-New York
Docket DOT-OST-2002-11945 - Continental Airlines and Air Exel -US-Netherlands Codeshare
Docket DOT-OST-2002-13400 - Aeromexico - Mazatlan-San Diego Renewal
Docket DOT-OST-2003-15013 - Planet Airways - US-Bahamas
Docket DOT-OST-2003-15729 - America West Airlines - US-Costa Rica Renewal
Docket DOT-OST-2003-16741 - America West Airlines and Mesa Airlines - Los Angeles-Mazatlan
Docket DOT-OST-2003-16745 - America West Airlines and Mesa Airlines - Los Angeles-Mazatlan
Docket DOT-OST-2004-18002 - America West Airlines - Phoenix-Mexico Certificate
Docket DOT-OST-2004-18615 - America West Airlines - US-Jordan Certificate
Docket DOT-OST-2004-19453 - Aeromexico - Puerto Vallarta-San Diego
Docket DOT-OST-2005-21441 - Atlas Air and Polar Air Cargo - US-Ecuador All-Cargo

Issued February 28, 2008 | Served March 4, 2008

Order Terminating Proceedings

The Department has identified the following proceedings as moot, inactive, or pending Departmental action on the applicant’s request for withdrawal or dismissal. It is in the public interest for administrative management reasons to terminate the proceedings and close the corresponding dockets, and we will do so under authority assigned by the Department in its Regulations, 14 CFR §385.3 and §385.13.

By: Paul Gretch

Index


US Airways, Inc.

Order 2008-2-35
OST-2008-0031 - Consent Orders

Issued and Served February 28, 2008

Consent Order

This consent order concerns the display of inaccurate and misleading information on the US Airways website regarding fares for infants traveling on a parent’s lap. The inaccurate display of fare information constitutes an unfair and deceptive trade practice and unfair method of competition in violation of 49 U.S.C. § 41712 and violates the full-fare advertising requirements of 14 CFR 399.84. This order directs the carrier to cease and desist from similar conduct in the future and assesses a compromise civil penalty of $100,000 under 49 U.S.C. § 46301.

During a period beginning in mid-2006, soon after the merger of US Airways and America West, consumers attempting to book reservations for lap infants on international flights understood from the carrier’s website that infants could travel at no charge. When consumers who had booked reservations on the USAirways website arrived at the terminal, however, the carrier’s ticket agents informed passengers that there were in fact charges for lap infants that typically included ten percent of the adult fare, taxes and surcharges and that the display of a “zero charge” on the web fare calculator was erroneous.

US Airways advises that it became aware in the fall of 2006 of the erroneous display of international lap infant fares and sought to modify the site to provide an accurate fare calculator, but, according to the carrier, in view of other website priorities, the modification will not be fully installed until later this year. Initially, the concern on the part of the carrier was to provide a unified website, combining features of both the America West and the US Airways sites, but difficulties in integrating the two systems led to errors such as the one involving lap infant fares. In the interim, the carrier inserted a mandatory screen alerting consumers to the fact that additional charges applied to the transport of infants, including taxes and a fee of approximately 10 percent of the fare of the accompanying adult. The notice, however, did not advise consumers that the full fuel surcharge, equal to that charged adult passengers, applied to lap infants, nor was it clear whether a fee applied to the issuance of a paper ticket required of lap infants. A second interim fix was put in place in early 2007 which gave the fare of the adult passenger, then noted that the infant fare was “to be determined,” in addition to the mandatory page noted above. Later, the carrier states that it stopped accepting international reservations on its website for lap infants and their accompanying adults. The current page instructs consumers to make such reservations by contacting the carrier’s telephone reservations network.

By: Rosalind Knapp

http://www.usairways.com/

Index



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