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OST Docket Filings for March 17, 2008
Updated:
| Applications and Renewals:
Avianca - Bogota-Washington Dulles EAS at Meridian, MS - Termination of Service by Atlantic Southeast FedEx - US-Mexico All-Cargo Amendment (Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara) IATA - TC12 North Atlantic-Africa (except between USA and Reunion) / TC12 North Atlantic-Africa between USA and Reunion / TC12 Mid Atlantic-Africa / TC12 South Atlantic-Africa Virgin America - Form 41 Confidentiality Motion (Traffic and Financial Data) Answers and Replies: AeroMexico Travel - Confidential Treatment Motion (Mexico-US Charters via Wet-Lease with AeroMexico) EAS at Hattiesburg-Laurel, MS - Hattiesburg Airport Recommends Selection of Mesaba Grand Canyon Airlines - Designation of Agent United - Family Assistance Plan vivaAerobus - Polling Results (Mexico-US) Notices of Action Taken: Air One - Milan-Boston/Chicago American and Iberia - Corrected Department Action - Include Sevilla, Spain on Attachment B Notices and Orders: Air France - Final Order (US-EU Open-Skies) Alcohol and Drug Testing - Notice of Information Collection and Request for Comments |
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Aeroenlaces Nacionales, S.A. de C.V. d/b/a vivaAerobus OST-2008-0095 - Exemption - Mexico-US March 17, 2008 This is to advise that we have completed our polling of the carriers on vivaAerobus’s application for Exemption authority to provide air transportation service between Monterrey, Mexico–Gary, Indiana; Monterrey, Mexico–Las Vegas, Nevada; Veracruz, Mexico–Austin, Texas; and Puerto Vallarta, Mexico–Austin, Texas. There are no objections. Counsel: Kirstein & Young, David Kirstein, 202-331-3348, dkirstein@yklaw.com Agency Information Collection Activities - Alcohol and Drug Testing OST-2008-0088 Published in the Federal Register march 17, 2008 Notice and Request for Comments By: Dorma Seymour OST-2008-0073 - Exemption - Milan-Boston/Chicago Filed February 25, 2008 | Issued March 17, 2008 Exemption authority under 49 USC §40109 to engage in scheduled foreign air transportation of persons, property, and mail (1) between Milan, Italy (Malpensa Airport) and Boston, Massachusetts; and (2) between Milan, Italy (Malpensa Airport) and Chicago, Illinois. Air One states that the Milan-Boston service will commence on June 14, 2008, and the Milan-Chicago service will commence on June 21, 2008. The carrier further states that continuing service to points within the United States will be offered beyond Boston through US Airways, Inc. (expanded code-share application to be filed) and beyond Chicago through United Air Lines Inc. (see Notice of Action Taken, dated March 14, 2008, in Docket OST-2008-0001), both Air One code-share partners. Air One states that it will serve from/to Malpensa Airport. See Appendix B, Application of Air One for a Foreign Air Carrier Permit in Docket OST-2008-0072. By: Paul Gretch American Airlines, Inc. and Iberia Lineas Aereas de Espana, S.A. OST-2008-0044 - Statement of Authorization - Blanket Codesharing Filed January 29, 2008 | Supplemented February 13, 2008 | Issued March 13, 2008 Corrected to include Sevilla, Spain on Attachment B. By: Thuy Cooper OST-2008-0106 - Exemption - Bogota-Dulles March 14, 2008 Avianca S.A. hereby requests an exemption from U.S.C. § 41301 and such other relief as may be necessary to permit it to engage in foreign scheduled air transportation of persons, property and mail between Bogota, Colombia, on the one hand, and Washington, D.C., on the other. Avianca requests that this exemption authority be granted for a period of at least one year. Avianca intends to begin service on June 12, 2008, and therefore respectfully requests prompt approval of this application so that it may begin marketing these services immediately. Avianca plans to commence daily nonstop Bogota-Dulles service on June 12, 2008 using A319 equipment. The Department most recently reviewed Avianca's fitness when it granted it exemption authority on August 15, 2003 in Docket OST-2003-15898 (Bogota-Ft. Lauderdale). Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7917, rdmathias@zsrlaw.com Essential Air Service at Hattiesburg-Laurel, Mississippi March 13, 2008 Re: Hattiesburg-Laurel Regional Airport Support for Mesaba's Proposal The Hattiesburg‑Laurel Regional Airport Authority is in receipt of the proposal from Mesaba Airlines, d/b/a Northwest Airlink to provide essential air service to the citizens of the Hattiesburg‑Laurel region. As long standing partners with Northwest Airlines in providing that service, it is with great pleasure that we recommend the selection of Mesaba's proposal for essential air service to this region. By: Danny Shows Essential Air Service at Meridian, Mississippi March 17, 2008 Ninety-Day Notice of Termination of Service by Atlantic Southeast Airlines Atlantic Southeast Airlines, Inc. hereby gives notice of its intent to discontinue its unsubsidized service between Meridian, Mississippi, and Atlanta, Georgia after June 15, 2008. ASA’s service is operated as “Delta Connection” service under agreements with Delta Air Lines, Inc. Meridian’s essential air service requirements were most recently established by Order 1984-11-59, issued November 14, 1984, which requires at least two daily round trips to Atlanta and Memphis providing sufficient capacity to accommodate 40 daily enplanements. See Order 2001-12-3. No other carrier currently offers scheduled service to Meridian. Thus, the termination of the ASA service will reduce air transportation at Meridian to a level below the essential air service determination set forth in Order 1984-11-59. Delta and ASA would strongly prefer to continue providing scheduled air service to Meridian. Unfortunately, the skyrocketing cost of jet fuel has made it impossible for the carriers to continue to operate this service as an economic matter. ASA and Delta therefore regret that they must cancel all service they currently provide to Meridian effective June 16, 2008. Counsel: Delta, Scott McClain, 404-773-6514, scott.mcclain@delta.com
OST-2008-0105 - Exemption - Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara March 14, 2008 Application for an Exemption and Amendment to Certificate Authority Federal Express Corporation hereby applies pursuant to 49 U.S.C. § 40109 for an exemption from 49 U.S.C. § 41101 and from the Department's rules to the extent necessary, authorizing scheduled foreign air transportation of property and mail (1) between Oakland, California, on the one hand, and Guadalajara and Monterrey, Mexico, on the other hand, as of April 1, 2008, and (2) between Lafayette, Louisiana and Guadalajara, Mexico as of May 1, 2008. FedEx Express requests the exemption authority be effective for a minimum two-year period. FedEx Express proposes to operate year round service commencing with four weekly, nonstop all-cargo flights on an Oakland-Guadalajara-Monterrey-Oakland route from April 1 through August 31, 2008 using Boeing 727 freighter aircraft with a net payload capacity of 45,000 pounds. After August 31, 2008, FedEx Express' operating pattern on this route will be one monthly all-cargo frequency, using the same aircraft with the same net payload capacity. For the Lafayette-Guadalajara route, FedEx proposes operating four weekly, nonstop, roundtrip all-cargo flights year round starting May 1, 2008, also using Boeing 727 freighter aircraft with a net payload capacity of 45,000 pounds. FedEx Express also applies pursuant to 49 U.S.C. § 41102 for an amendment to its Certificate of Public Convenience and Necessity for Route 568 to engage in scheduled foreign air transportation of property and mail between a point or points in the United States and a point or points in Mexico. Should the Department decide to grant our exemption request immediately, but require more time to consider our request to amend the certificate of authority, FedEx Express asks that the Department promptly grant the exemption request and subsequently address the certificate authority request as it has done in other similar actions. See. e.g., Notice of Action Taken in OST-2005-22243 and OST-2005-22331 (Dec. 12, 2005). Counsel: FedEx, James Davis, 901-434-8600, jdavis4@fedex.com OST-2002-12555 - Designation of Agent for Service November 29, 2007 Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974, agoerlich@ggh-airlaw.com International Air Transport Association
March 17, 2008 Application for Approval of Agreements TC12 North Atlantic-Africa between USA and Reunion Resolutions and Specified Fares Tables (Memo 0264). Counsel: IATA, Douglas Lavin, 202-293-9292
March 17, 2008 Application for Approval of Agreements TC12 North Atlantic-Africa (except between USA and Reunion) Resolutions and Specified Fares Tables (Memo 0263). Counsel: IATA, Douglas Lavin, 202-293-9292
March 17, 2008 Application for Approval of Agreements TC12 Mid Atlantic-Africa Resolutions and Specified Fares Tables (Memo 0265). Counsel: IATA, Douglas Lavin, 202-293-9292
March 17, 2008 Application for Approval of Agreements TC12 South Atlantic-Africa Resolutions and Specified Fares Tables (Memo 0266). Counsel: IATA, Douglas Lavin, 202-293-9292 Servicio Mexicano de Vuelos de Fletamento, S.A. de C.V. d/b/a AeroMexico Travel OST-2008-0104 - Exemption and Statements of Authorization - Mexico-US Charters via Wet-Lease with AeroMexico March 13, 2008 Motion for Confidential Treatment Counsel: Mietus Law, John Mietus, 202-747-5212, john@mietuslaw.com Order 2008-3-16 Issued January 16, 2008 | Served March 17, 2008 By Order 2007-10-23, issued October 19, 2007, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order. On November 8, 2007, Société Air France filed a response to Order 2007-10-23. Air France states that it seeks to retain authority to conduct operations to certain points, authority which it holds in its current foreign air carrier permit issued by Order 2002-5-8, to the extent that such authority is not encompassed by the new U.S.-EU permit authority tentatively granted to it by the Department in Order 2007-10-23. Specifically, Air France notes that, among other things, its current permit authorizes it to engage in scheduled foreign air transportation of persons, property, and mail: (a) From points behind New Caledonia and/or Wallis and Futuna via New Caledonia and/or Wallis and Futuna to the United States; (b) From points behind French Polynesia via French Polynesia and intermediate points to the United States and beyond; and (c) From points behind Saint-Pierre and Miquelon via Saint-Pierre and Miquelon and intermediate points to the United States and beyond. With respect to Air France’s request that it be able to continue to serve the markets described above, we note that, consistent with the terms of the U.S.-EU Agreement cited by Air France, and with the terms of the U.S.-France Air Transport Agreement, Air France’s currently-effective foreign air carrier permit, issued by Order 2002-5-8, will remain in full force and effect to the extent that it authorizes the referenced services. Therefore, our action in finalizing Air France’s new foreign air carrier permit in this proceeding will not alter the carrier’s existing permit authority to conduct these services. In view of the above, we make final our tentative findings and conclusions as set forth in Order 2007-10-23, and award Air France the attached foreign air carrier permit for U.S.-EU authority. By: Paul Gretch OST-1996-1960 - Family Assistance Plans March 11, 2008 Counsel: United, Lois Danvir OST-2008-0107 - Form 41 Confidentiality March 14, 2008 Motion for Confidential Treatment Virgin America began service in August 2007, and, during the October-December 2007 reporting period, served a total of six point-to-point markets: SFO-LAX, JFK, lAD and LAS; and LAX-JFK and lAD. Public release of the detailed operational, traffic and financial data contained in Virgin America's Fonn 41 submissions would cause Virgin America to suffer substantial competitive hann because the local nature of traffic in its point-to-point markets and the limited number of aircraft types operated will pennit Virgin America's competitors to: (1) obtain commercially sensitive competitive infonnation on Virgin America's service in these markets; and (2) accurately calculate a variety of market-specific information, including cost per available seat mile, yield, revenue per available seat mile and profit margins. Although the public release of this Form 41 data has the potential to harm Virgin America competitively, the exclusion of the detailed Virgin America-specific data for a limited time period will have no appreciable effect on the Department's overall data collection and industry analysis efforts. First, Virgin America's operations during this initial phase of its service accounts for only 0.4 % of the total U.S. domestic available seat miles otherwise reported by the Department. Second, Virgin America will, in fact, be filing this data with the Department, albeit confidentially, so that the Department can use this data internally when carrying out its aviation policies, including its need to closely monitor the industry. At bottom, the purpose of the Department's Form 41 reporting requirements "is to provide Congress, DOT, and other Federal agencies with uniform and comprehensive aviation data that are accurate, timely, and relevant for use in making aviation policy decisions and administering aviation-related programs,"' not to provide detailed and sensitive information to carriers on their competitors' market-specific costs and profit margins, to wield as a weapon to thwart competition. Counsel: Virgin America, David Pflieger, 650-762-7115, dave.pflieger@virginamerica.com
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