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OST Docket Filings for March 20, 2008

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Updated: 3/24/08 | 8:39 AM

Applications and Renewals:

Aviaxsa - Monterrey-Las Vegas Renewal

Lan Airlines - Chile-US Renewal

Lan Airlines, Lan Peru and Lan Express - Trade Name Renewal

Answers and Replies:

Cargo B Airlines - Designation of Agent

Nolinor - Warsaw Agreement, Family Assistance Plan and Passenger Manifest Statement

United and Turkish Airlines - Polling Results (US-Turkey and Beyond Codesharing)

US-Colombia Combination Frequency Proceeding - Objection of Spirit Airlines

Notices of Action Taken:

Copa and KLM - Panama City-San Juan Codesharing

Notices and Orders:

Frontier Flying Service and Hageland Aviation Services - Registration of Trade Name (Frontier Alaska)

Gadair - Granting Exemption and to Show Cause (Spain-US)




2007/2008 US-Colombia Combination Frequency Allocation Proceeding

OST-2007-0006

March 19, 2008

Response and Objection of Spirit Airlines to Order 2008-3-4 - Bookmarked

Spirit Airlines, Inc. files this response to Order 2008-3-4 (March 5, 2008) in support of the Department’s award of seven frequencies to it to serve the FLL-BOG market, and to urge the Department to award it an additional seven frequencies for Fort Lauderdale-Medellín service in lieu of making final the tentative award to Continental to operate a daily red-eye service between Houston and Bogotá using a 124 seat B-737.

Although allocating limited frequencies is a difficult task, Spirit respectfully submits that on balance, the frequencies tentatively allocated to Continental could provide far greater public interest benefits by being awarded to Spirit for service in the Fort Lauderdale-Medellín market. If more frequencies were available, providing frequencies to Continental for its proposed service would be a reasonable choice. In the current situation, however, adding a second flight in a monopoly market where Continental could easily meet demand by operating a larger aircraft will not provide the same level of public benefits as adding new competitive service by Spirit in the much larger South Florida-Medellín market. Low-fare entry in the FLL-MDE market will save travelers millions of dollars a year in air fares and stimulate considerable new traffic. It will establish a new competitive gateway and an important new level of competition to American and Avianca. On balance, this service would offer substantially more benefits than the proposed Continental service, lead to a better distribution of the limited frequencies, and advance all of the pro-competitive policies enacted by Congress.

As the Department correctly recognized in this Order, making seven of those valuable frequencies available for new daily service and enhanced competition by new entrant carriers will provide the public substantially greater benefits than would result from continued warehousing of the frequencies by American to further its dominant position in the U.S. and South Florida market to Bogotá and Medellín.

Counsel: Kirstein & Young, Joanne Young, 202-331-3348

Index


Cargo B Airlines nv/sa

OST-2002-12556

January 25, 2008

Designation of Agent for Service

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898

http://www.cargob.com/

Index


Compania Panamena de Aviacion, S.A. and KLM Royal Dutch Airlines, N.V.

OST-2008-0070 - Statement of Authorization - Panama City-San Juan Codesharing

Filed February 22, 2008 | Approved March 20, 2008

Department Action on Application

Joint application of Compania Panamena de Aviacion, S.A. and KLM Royal Dutch Airlines, N.V. for a statement of authorization to permit Copa to display the KL* designator code of KLM on flights operated by Copa between Panama City, Panama and San Juan, Puerto Rico.

The applicants also request authority under 14 CFR Part 216, if necessary, to commingle traffic in foreign air transportation with traffic not in foreign air transportation in conducting this code share. We will dismiss this portion of the applicants' request, as Part 216 authority is not required in the conduct of their proposed operations.

By: Shelita Smith

http://www.copaair.com/
http://www.klm.com/

Index


Consorcio Aviaxsa, S.A. de C.V.

OST-1999-6701 - Exemption - Monterrey-Las Vegas

March 19, 2008

Application for Renewal of an Exemption

Hereby applies for renewal of an exemption from 49 U.S.C. 41301 under the provisions of 49 U.S.C. 40109 to permit Applicant to continue scheduled air transportation of persons, property and mail between Monterrey, Mexico and Las Vegas, Nevada in the USA operating a Boeing-737 aircraft.

Applicant has ten (10) active exemptions to operate between Mexico and the United States. These include MTY-LAX, docket # 6745; MTY-HOU, docket # 8018; MEX-HOU, docket # 9629; MEX-LAS docket # 15313; MTY-DFW, docket # 15406; MTY-MIA, docket # 16181; CUN-MIA, docket # 26503; Air Taxi, docket # 27827; MTY-JFK, docket # 0128; and, GDL-LAX, docket # 0129.

Applicant had filed for a Permit but the Department has never acted on the application. See Docket 3512.

Counsel: Marquez & Assoc, Jim Marquez, 202-835-1555

http://www.aviacsa.com

Index


Frontier Flying Service, Inc. and Hageland Aviation Services, Inc.

Served March 20, 2008

Notice of Registration of Trade Name

On March 13, 2008, Frontier Flying Service, Inc., and Hageland Aviation Services, Inc., both certificated air carriers under common ownership, requested that the Department register the trade name "Frontier Alaska" for use in certain of its air transportation operations. Each air carriers' certificate was last reissued by Order 1998-7-6, issued July 8, 1998.

Part 215 of the Department's regulations provides that any air carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such name after the air carrier gives notification to similarly named air carriers of the proposed use of the name. In this case, we have identified no similarly named air carriers.

Under these circumstances, we hereby register the trade name "Frontier Alaska" by Frontier and Hageland for use in their operations.

By: Todd Homan

http://www.hageland.com/
http://www.frontierflying.com/

Index


Gadair European Airlines, S.L.

Order 2008-3-19
OST-2008-0065 - Foreign Air Carrier Permit and Exemption - Spain-US

Issued and Served March 20, 2008

Order Granting Exemption and to Show Cause

We grant the request of Gadair European Airlines, S.L. for an exemption under 49 U.S.C. §40109 to permit it immediately to conduct charter foreign air transportation of persons, property, and mail between any point or points in Spain and any point or points in the United States, and to conduct other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations.

We grant the request of Gadair European Airlines, S.L. 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: (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; and (c) other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations.

To the extent not acted upon above, we dismiss all requests for exemption authority in this docket (OST-2008-0065).

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

http://www.gadair.com/

Index


Lan Airlines, S.A.

OST-1999-6493 - Exemption - Chile-US

March 19, 2008

Application for Renewal of Exemption

LAN hereby applies for renewal of its exemption from 49 U.S.C. § 41301 to engage in: (a) the scheduled foreign air transportation of persons, property and mail from points behind Chile via Chile and intermediate points to a point or points in the United States and beyond; and (b) the scheduled foreign air transportation of property and mail between the United States and any point or points.

On April 10, 2006, the Department of Transportation issued a renewal of the Notice of Action under OST-1999-6493 , approving this exemption authority. This exemption authority was issued for two years and is currently set to expire on April 10, 2008.

Counsel: N.A., Juan Carlos Mencio, 305-869-2993

http://www.lan.com/

Index


Lan Airlines S.A., Lan Peru, S.A. and Transporte Aereo S.A. d/b/a LanExpress

OST-2005-21121 - Exemption under 49 USC 40109 Permitting Registration of Trade Name Pursuant to 14 CFR 215

March 20, 2008

Joint Application for Renewal of Exemption and Statement of Authorization

LAN Airlines, S.A. and LAN Peru, S.A. hereby request that the Department of Transportation renew the exemption and statement of authorization granted to them in the above-captioned docket permitting them to use the trade name "LAN" and the "LA" designator code in their services to and from the United States. The Joint Applicants request renewal of their existing authorities for at least a two-year period on their existing terms and conditions.

Transporte Aereo S.A. d/b/a LAN Express does not request renewal of its authority to use the "LAN" brand and "LA" code in services to and from the United States.

Consumer awareness of the LAN brand continues to grow, generating valuable commercial benefits for the Joint Applicants, just as the Department and the Joint Applicants anticipated. The Joint Applicants' continued ability to use the "LAN" brand and "LA" code is critically important to the ongoing success of their marketing efforts, which incorporate and to a significant and increasing degree rely on a single brand and code.

Counsel: Zuckert Scoutt, Charles Simpson, 202-298-8660, cjsimpson@zsrlaw.com for Lan Airlines and Lan Express / Squire Sanders, Marshall Sinick, 202-626-6651, msincik@ssd.com for Lan Peru

http://www.lan.com/

Index


Les Investissements Nolinor, Inc. d/b/a Nolinor Aviation


OST-1995-236 - Warsaw Liability Limitations

March 16, 2008

Warsaw Agreement

Counsel: Nolinor, jacques Prud'Homme


OST-1998-3304 - Family Assistance Plans

March 18, 2008

Family Assistance Plan

Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6622, esahr@eckertseamans.com


OST-1998-3305 - Passenger Manifest Statement

March 18, 2008

Passenger Manifest Statement

Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6622, esahr@eckertseamans.com


http://www.nolinor.com/

Index


United Air Lines, Inc. and Turkish Airlines

OST-2008-0102 - Statement of Authorization - US-Turkey and Beyond Codesharing

March 19, 2008

Re: Polling Results

This is to advise that the Joint Applicants in the above-referenced proceeding have completed polling of carrier representatives as to their position on this application, filed on March 12, 2008. A copy of this letter is today being filed with the Department's Docket Section and served upon all parties.

No objections were received. Accordingly, the Joint Applicants urge that the requested authority be granted as soon as possible.

Counsel: Zuckert Scoutt, David Endersbee, 202-973-7935, dmendersbee@zsrlaw.com

http://www.united.com/
http://www.thy.com/

Index



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