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OST Docket Filings for March 5, 2008
Updated:
| Applications and Renewals:
Atlantic Southeast - US-Dominican Republic Renewal Answers and Replies: Aeroflot-Cargo - Warsaw Agreement - Missing Since July 25, 2007 / Designation of Agent - Missing Since October 1, 2007 DCA Slots - Ex-Parte Letter to Cornerstone Regional Development Partnership EAS at Adak and Atka and Nikolski, AK - Proposals of PenAir EAS at Grand Island and McCook, NE, El Dorado/Camden, Harrison, Hot Springs and Jonesboro, AR and Columbia/Jefferson City, Joplin and Kirksville, MO - Request of Hawaii Island Air for 3-Week Extension EAS at Laurel/Hattiesburg, MS - Proposal of Mesaba / Requests for Community Comments Polar Air Cargo - Polling Results (Hong Kong-Sharjah All-Cargo Frequency) Notices of Action Taken: China Southern - Guangzhou-Saipan Renewal Notices and Orders: 2007/2008 US-Colombia Allocation Proceeding - Show Cause Jet One Jets - Consent Order M&N Aviation - Revoking Commuter Authority (Puerto Rico) |
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2007/2008 US-Colombia Combination Frequency Allocation Proceeding Issued and Served March 5, 2008 Order to Show Cause - Bookmarked By this Order we tentatively allocate 21 U.S.-Colombia frequencies newly available under the U.S.-Colombia Air Transport Agreement. In addition, we tentatively reallocate seven weekly U.S.-Colombia combination frequencies that are currently held by American Airlines, Inc. We tentatively award Delta Air Lines, Inc., JetBlue Airways Corporation, Spirit Airlines, Inc. and Continental Airlines, Inc. seven frequencies each, along with underlying economic authority, as needed, to provide combination services in the U.S.-Colombia market as follows: 1) Delta for its proposed New York (JFK)-Bogota services, effective immediately; 2) JetBlue for its proposed Orlando-Bogota services, effective April 1, 2008; 3) Spirit for its proposed Ft. Lauderdale-Bogota services, effective April 1, 2008; and 4) Continental for its proposed Houston-Bogota services, effective October 1, 2008. We propose to grant Delta, JetBlue, and Spirit exemption authority for a period of two years, subject to renewal, and to make this authority effective immediately upon issuance of a final order in this proceeding. We note that Continental currently holds certificate authority to provide Houston-Bogota service on Route 645, granted by Order 2001-12-8, in Docket OST-1996-1318. By: Michael Reynolds Atlantic Southeast Airlines, Inc. OST-2006-24591 - Exemption - US-Dominican Republic March 5, 2008 Application for Renewal of an Exemption ASA initially sought and was granted U.S.-Dominican Republic exemption authority in order to supplement mainline Atlanta-Puerto Plata service operated by Delta Air Lines, Inc. with "Delta Connection" service using ASA's 70-seat CRJ 700 aircraft. ASA requires renewal of its exemption authority so that it continues to have the flexibility to provide Delta Connection service on this route during certain peak and off-peak periods, and to introduce other U.S.-Dominican Republic services as market conditions warrant. ASA's U.S.-Dominican Republic exemption was initially granted by Notice of Action Taken dated May 9, 2006 (Docket OST-2006-24591), for a period of two years expiring May 9, 2008. ASA requests that its exemption be renewed for at least two additional years, or until 90 days after the Department's final determinations on ASA's applications for U.S.-Dominican Republic and blanket route integration certificate authority pending in Dockets OST-2007-0084 and OST-2005-22228, respectively, whichever occurs first. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999 China Southern Airlines Company Limited OST-2003-16786 - Emergency Exemption - Guangzhou-Saipan Filed February 15, 2008 | Issued March 5, 2008 Renewal of exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property and mail between Guangzhou and Shanghai, People’s Republic of China, on the one hand, and Saipan, Commonwealth of the Northern Mariana Islands, on the other hand. By: Paul Gretch
OST-1995-236 - Warsaw Liability Limitations July 25, 2007 Counsel: Miller Hamilton, Lester Bridgeman, 251-439-7536, lesterbridgeman@mhsolaw.com
OST-2002-12556 - Designation of Agent for Service October 1, 2007 Counsel: Miller Hamilton, Lester Bridgeman, 251-439-7536, lesterbridgeman@mhsolaw.com Essential Air Service at Adak and Atka and Nikolski, Alaska OST-2000-8556 - Adak February 29, 2008
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com Essential Air Service at Grand Island and McCook, Nebraska, El Dorado/Camden, Harrison, Hot Springs and Jonesboro, Arkansas and Columbia/Jefferson City, Joplin and Kirksville, Missouri OST-2002-13983 - Grand Island February 26, 2008 Email Message - Hawaii Island Air Request for Three-Week Extension Hawaii Island Air is requesting a 3 week extension to better assess market and cost analysis to determine feasibility of our pending EAS application. Our intent is to bring in Dash 8 -100's to service these communities and if awarded we would like to target initial service within a 3-6 month period. I am confident that we will be able to provide an upgraded service to what is presently available to these and other out-lying communities. By: Hawaii Island Air, Les Murashige, lmurashige@islandair.com Essential Air Service at Laurel/Hattiesburg, Mississippi
February 26, 2008 In response to the Department's Order 2008-2-9, Mesaba Aviation, Inc., doing business as Northwest Airlink, is enclosing its detailed subsidy proposal for continued essential air service at Laurel/Hattiesburg, Mississippi, at a level of two roundtrip flights per day, using 34-seat Saab 340 aircraft. The following is the current and proposed schedule:
We welcome the opportunity to continue providing essential air service at these communities for the two-year period beginning July 1, 2008. By: Mesaba, John Spanjers
March 5, 2008 Re: Requests for Community Comments of: We solicited proposals from carriers interested in serving Laurel/Hattiesburg, either with or without subsidy, for a new two-year period (Order 2008-2-9, February 6, 2008). In response to our request, we received a single proposal from Mesaba. Mesaba's proposes a slight increase from its current service (from 13 round trips a week to 14) and would provide two nonstop round trips each day to Memphis with 34-seat Saab 340 turboprop aircraft for an annual subsidy of $1,191,435. I would note that Mesaba is proposing more service than we are currently subsidizing, as well as more service than we solicited in the request for proposals. Order 2008-2-9. While Mesaba, of course, is free to offer additional service, we are inclined to continue to subsidize 13 round trips a week. Mesaba would continue to operate as Northwest Airlink, under its code-share agreement with Northwest Airlines at Memphis. While there are no options from which to choose, we nonetheless wanted to give you an opportunity to submit any comments on the record, if you wish, before we present our recommendation to the Assistant Secretary who will make the final decision in this case. We ask that you submit any comments you have as soon as possible, but in any case no later than March 24. By: Dennis DeVany
Order 2008-3-2 Issued and Served March 4, 2008 This consent order concerns the unlawful holding out of air transportation by Jet One Jets, Inc. in contravention of the statutory licensing requirements of 49 U.S.C. § 41101, and 49 U.S.C. § 41712, which prohibits ticket agents and air carriers from engaging in unfair and deceptive practices and unfair methods of competition. It directs JOJ to cease and desist from such further violations and assesses JOJ a compromise civil penalty of $60,000. An investigation by the Office of Aviation Enforcement and Proceedings of JOJ’s advertising practices revealed violations of 49 U.S.C. §§ 41101 and 41712. Specifically, for a period of time during 2006, JOJ’s Internet website and print advertisements contained statements and omissions that, when considered together, would lead the public to conclude erroneously but reasonably that JOJ is a direct air carrier with operational control over flights. For example, the company’s homepage and its other advertisements stated that, “When you fly with Jet One, you’re more than a passenger.” The webpage entitled “Aircraft” included a statement that “[w]e offer a range of aircraft, from heavy jets … to helicopters. In addition, each webpage contained a footer stating, in relevant part, that JOJ was a “full service private aviation provider,” whose services include “private jet operations” and the company’s “Services” webpage referred to “our private jets” and stated that “[w]e operate in countries around the world.” In sum, JOJ created the misimpression that it operated the aircraft used in the transportation by air that it held out to the public for compensation or hire. By doing so, it engaged unlawfully in air transportation. The Enforcement Office finds JOJ’s website particularly troubling in light of the Department’s notice cautioning entities that lack proper economic authority against the use of misleading statements, phrases, and terms. Through these and other statements on its Internet website and its print advertising, JOJ held out direct air transportation when it did not have proper economic authority, thereby violating 49 U.S.C. §§ 41101 and 41712. While neither admitting nor denying wrongfully engaging in air transportation, in mitigation JOJ states that any violation of the Department’s regulations was inadvertent due to the company’s basic level of experience with the applicable regulations. JOJ also asserts that, because its customers are sophisticated business people who do not necessitate the consumer safeguards that the regulations mandate, the violations presented a minimal degree of risk of consumer harm. By: Rosalind Knapp Order 2008-3-3 Issued and Served March 5, 2008 Order Revoking Commuter Authority M&N operated under its commuter authorization until September 21, 2006, when it ceased all flight operations pursuant to an Emergency Order of Revocation issued by the Federal Aviation Administration. On August 7, 2007, M&N filed an application in Docket OST-2002-12358 to resume operations. In Support of its application, the air carrier provided some of the information necessary for us to redetermine its fitness. By letter dated October 29, 2007, the Department requested that M&N provide further and/or clarifying information to enable us to complete our review. We asked that the air carrier respond to our request by November 27, 2007. By letter dated February 21, 2008, we informed M&N that since we had yet to receive a response to our October 29 information request, we would proceed with the revocation of the air carrier's authority. On February 22, 2008, M&N notified the Department that it would not be responding to our information request. Under these circumstances, and in accordance with section 204.7 of our rules, we find it appropriate to revoke the Commuter Air Carrier Authorization issued to M&N by Order 2003-2-18. This action is without prejudice to the company filing for new commuter authority in the future. By: Todd Homan Polar Air Cargo Worldwide, Inc. OST-2008-0083 - One Hong Kong-Sharjah All-Cargo Frequency March 4, 2008 Polar Air Cargo Worldwide, Inc. has polled the u.s. carrier representatives served with the above-referenced application dated February 29, 2008, and no carrier representative has objected. Accordingly, Polar respectfully urges that the requested authority be granted as soon as possible to allow for a March 30, 2008, start of service. Counsel: Polar, Kevin Montgomery Ronald Reagan Washington National Airport Slot Exemptions March 3, 2008 Thank you for your letter of February 8 supporting AirTran Airways to serve Jacksonville in the recent slot-exemption proceeding at Ronald Reagan Washington National Airport. On February 22, 2008, the Department issued Order 2008-2-28, which awarded: (1) two slot exemptions to Spirit Airlines, to provide an additional daily nonstop round trip to Fort Lauderdale, Florida, and (2) two slot exemptions to AirTran Airways, to provide a daily nonstop round trip to either Milwaukee, Wisconsin, or Jacksonville, Florida. The Department selected these two carriers because they would provide the greatest competitive benefits. By: Michael Reynolds |
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