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OST Docket Filings for March 26, 2008
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Updated:
| Applications and Renewals:
Mexicana - San Luis Potosi-San Antonio Renewal Answers and Replies: Aerolineas Argentinas - 218th Escrow Deposit Report Avianca - Answer of MWAA (Bogota-Dulles) Cargo B - Polling Results (EU-US Open-Skies Scheduled and Charter All-Cargo) EAS at Columbia/Jefferson City and Joplin, MO - Proposals of Mesaba - From February 26 Lengthy On-Board Delays Task Force - Record of Meeting Los Angeles-San Jose del Cabo - United Reference to Virgin America in Form 41 Docket TAGA Air Charter - Motion for Extension of Time (Commuter Authority) US Airways and Swiss - Polling Results (US-Switzerland and Beyond Codesharing) US-Colombia - Answers of Continental, Spirit and US Airways / Replies of City of Houston and JetBlue / City ofOrlando in Support of JetBlue Virgin America - Answer of Southwest (Form 41 Confidentiality) Notices of Action Taken: FedEx - Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara Notices and Orders: Air Berlin - Granting Exemption and to Show Cause (EU-US Open-Skies) Cargolux Airlines - Granting Exemption and to Show Cause (EU-US Open-Skies All-Cargo) Intra-Alaska Bush Service Mail Rates - Quarterly Fuel Cost Adjustments Intra-Alaska Mainline Service Mail Rates - Quarterly Fuel Cost Adjustments Titan Airways - Granting Exemption and to Show Cause (EU-US Open-Skies) |
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2007/2008 US-Colombia Combination Frequency Allocation Proceeding
March 26, 2008 Answer of Continental Airlines The Department's well-reasoned decision awarding Continental seven frequencies for Houston-Bogota flights necessary to address the extraordinary service imbalance between Colombia and points in the eastern United States and points in the western United States should be adopted promptly. The interests of Houston and consumers throughout the western United States must not be sacrificed to the commercial interests of American, Delta, Spirit or US Airways as hey seek to add even more duplicative east coast/Florida-Colombia service than the 21 frequencies already tentatively awarded for east coast/Florida-Colombia service in this proceeding. Since the four objecting applicants raise only arguments that have already been made to, and rejected by, the Department in this proceeding, the Department's decision awarding seven frequencies for Continental's proposed overnight Houston-Bogota service should be affirmed promptly. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615
March 26, 2008 Reply of The City of Houston and The Greater Houston Partnership In this case, the Department has noted "that an important advantage to having a substantial number of frequencies under consideration is that it enables us to respond to a variety of important public interest needs." See Order 2008-3-4, at 11. The award that the Department has proposed for Continental - 7 frequencies for Houston-Bogota service - would fulfill one of these needs, namely for additional service to Colombia from the underserved west and central regions of the U.S. Based on the specific facts and circumstances at issue in this proceeding, the Department's proposal is consistent with its own precedents and the public interest, and should be made final. In contrast, the Department in this case should deny the objections which urge the Department to instead focus on only a limited slice of the public interest - or focus on the preferences and desires of particular air carriers, which do not necessarily reflect the public interest overall. Counsel: Zuckert Scoutt, Rachel Trinder
March 26, 2008 Consolidated Reply of JetBlue Airways JetBlue applauds the Department for its decision to tentatively award JetBlue seven (7) frequencies to institute Orlando - Bogota service. JetBlue is a true new entrant to the U.S.-Colombia market, and will provide low fares and award-winning customer service to the traveling public through its Orlando Bogota service. No other carrier can match JetBlue's established commitment to low-fare service with award-winning benefits for travelers. JetBlue will also enhance gateway competition through the introduction of a new U.S. gateway at Orlando. JetBlue's history indicates that its entry into the U.S.-Colombia market will increase competition among carriers, stimulate growth in the market, and lower overall fares. In addition, American's objections to JetBlue's selection for seven (7) frequencies is meritless and should be disregarded by the Department. JetBlue takes no position on the objections raised by Delta, Spirit, and US Airways, except to note that their objections should have no effect on the finalization of JetBlue's frequency allocation. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
March 24, 2008 Re: City of Orlando in Support of jetBlue I am writing in support of the Department's tentative decision in Order 2008-3-4 to award seven US-Colombia frequencies to jetBlue to operate new Orlando-Bogota service effective April 1, 2008. That well-reasoned decision is in the best interest of Orlando area consumers and great economic news for the Orlando area. I urge you to affirm it and to expeditiously issue a final Order permitting jetBlue to commence its new Orlando-Bogota non-stop service. By: Mayor Buddy Dyer
March 26, 2008 Consolidated Answer of Spirit Airlines - Bookmarked Spirit appreciates the Department's decision to award it seven frequencies to serve Bogota and urges the Department to quickly make that decision final so Spirit can begin service as soon as possible. Respectfully, however, Spirit strongly urges the Department to reconsider its tentative award to Continental, for the reasons discussed in Spirit's Objection and in this Answer, as well as in the objections of American, Delta, and US Airways. Among those vying for the seven frequencies tentatively awarded to Continental, Spirit's should be selected because it will provide the most benefits of any carrier in this proceeding, namely, new entry, important new service to MedellIn, increased competition in the U.S.-Colombia market by an ultra low fare carrier, markedly lower fares than any incumbent, and greater market stimulation. By allocating these frequencies to Spirit, the Department and the traveling public will be duly recognized and rewarded, by the establishment of an overall U.S.-Colombia market structure and presence that will promote innovation and competition, while stimulating new traffic between these important allied nations. Counsel: Kirstein & Young, Joanne Young, 202-331-3348
March 26, 2008 The choice facing the Department is clear‑‑on the one hand, should Continental, which has failed to use its existing Colombia frequencies to their fullest extent, receive an allocation of frequencies in this proceeding so that it can duplicate existing Houston- Bogota service, while adding no new gateway and entrenching its dominance and that of its alliance, or. on the other hand, should US Airways receive an allocation so that it can serve the Washington-Charlotte-Bogota market as a new entrant, from a new network hub gateway, and bring new alliance competition into the market. Unquestionably, competitive conditions in the U.S.-Colombia market will be enhanced to a far greater degree by selection of US Airways over Continental, and over Delta, Spirit, and American. US Airways urges the Department to allocate to it for Washington-Charlotte-Bogota service the seven frequencies allocated tentatively to Continental. Counsel: Squire Sanders, Charles Donley, 202-626-6600, cdonley@ssd.com
2008 Los Angeles-San Jose del Cabo Proceeding OST-2008-0056 - 2008 Los Angeles-San Jose del Cabo Exemption Proceeding March 25, 2008 Re: Answer of United Air Lines United Air Lines today filed the attached answer to the motion for confidential treatment under Rule 12 of Virgin America in Docket OST-2008-0107. Because United makes reference to Docket OST-2008-0056 (2008 Los Angeles-San Jose del Cabo Exemption Proceeding) in its answer, we are also filing the answer in that docket and serving all parties to that proceeding. Counsel: United, Jonathan Moss March 25, 2008 Re: Two-Hundred-Eighteenth Escrow Deposit Report This is the TWO-HUNDRED-EIGHTEENTH Escrow Deposit Report for the week ended March 16, 2008. Aerolineas made a deposit into the escrow of U.S. $35,533.74 for the week ended March 16, 2008, for a total escrow amount of U.S. $5,892,305.53. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com Air Berlin Plc & Co. Luftverkehrs Kg. Order 2008-3-31 Issued and Served March 26, 2008 Order Granting Exemption and To Show Cause By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions;' and (2) tentatively find that it is in the public interest to grant the applicant a foreign air carrier permit attached as Appendix B to this order. The record indicates that Air Berlin PLC & Co. Luftverkehrs KG is part of the Air Berlin Group, owned by Air Berlin PLC. The Air Berlin Group is comprised of three German carriers, Air Berlin, LTU Lufttransport Unternehmen GmbH, and dba Luflfahrtgesellschafl mbH. The record indicates that approximately 67% of the shareholder ownership of Air Berlin PLC consists of EU citizens, and approximately 61% of the shareholder ownership consists of German citizens. The record also shows that the shareholders holding a 5% or greater interest are all EU citizens. By: Paul Gretch OST-2008-0106 - Exemption - Bogota-Dulles March 24, 2008 Answer of Metropolitan Washington Airports Authority | Word The Metropolitan Washington Airports Authority, proprietor of Washington Dulles International Airport, hereby answers in strong support of the application of Avianca S.A. for an exemption from 49 U.S.C. sec. 41301 and such other relief as may be needed to permit Avianca to inaugurate important new air service between Bogota, Colombia and Washington, D.C. by June 12, 2008. Linking the nation’s capital to this key South American market is clearly in the public interest, and fully consistent with the letter and spirit of the recent steps toward liberalization of air service between the U.S. and Colombia. Despite the current limitations on air service between the two countries, ties between them are strong and important both economically and geopolitically for both countries. Counsel: MWAA, Edward Faggen, 703-417-8615, edward.faggen@mwaa.com OST-2008-0118 - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies Scheduled and Charter All-Cargo March 26, 2008 We have polled representatives of the U.S. carriers served with the application of Cargo B Airlines NV/SA dated March 21, 2008, who have all have responded with no objections. In light of this lack of opposition, Cargo B respectfully requests the Department's prompt consideration and approval of its application so that it may commence all-cargo services authorized under the EU-U.S. open-skies agreement. Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5439, jechmalian@hhlaw.com Cargolux Airlines International, S.A. Order 2008-3-29 Issued and Served March 26, 2008 Order Granting Exemption and To Show Cause By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the amended foreign air carrier permit attached as Appendix B to this order. Cargolux currently holds a foreign air carrier permit, issued by Order 2002-5-7 in Docket OST-1998-4605, to engage in (1) scheduled foreign air transportation of property and mail (and persons on the upper deck of its freighter aircraft) from points behind Luxembourg via Luxembourg and intermediate points to a point or points in the United States and beyond; (2) scheduled foreign air transportation of property and mail between the United States and any point or points; and (3) charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Department's regulations governing charters. See Order 2002-5-7 in Docket OST-1998-4605. By: Paul Gretch Compania Mexicana de Avicaion, S.A. de C.V. OST-2007-27716 - Exemption - San Luis Potosi-San Antonio March 26, 2008 Application for Renewal of Exemption Mexicana hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to perform scheduled foreign air transportation of persons, property and mail between San Luis Potosi, Mexico, and San Antonio, Texas, pursuant to Mexicana's codeshare agreement with Transportes Aeromar, S.A. de C.V. Mexicana's existing exemption expires on April 6, 2008. Mexicana requests renewal of this exemption for a one-year period on its existing terms and conditions. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com Essential Air Service at Columbia/Jefferson City and Joplin, Missouri OST-2006-23931 - Columbia/Jefferson City February 26, 2008 Option #1:
Option #2:
Option #3:
With over 230 daily flights serving 88 non-stop destinations. Northwest's Memphis hub provides extensive connecting opportunities to cities throughout the world. The Saab 340 is a comfortable and spacious regional aircraft offering in-flight service, a flight attendant and restroom. By: Mesaba, John Spanjers OST-2008-0105 - Exemption - Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara Filed March 14, 2008 | Issued March 26, 2008 Scheduled foreign air transportation of property and mail between (1) Oakland, California, on the one hand, and Guadalajara and Monterrey, Mexico, on the other hand; and (2) between Lafayette, Louisiana, and Guadalajara, Mexico. Federal Express included a request to amend and reissue its U.S.-Mexico certificate to so that it would provide for authority to serve between “a point or points in the United States and a point or points in Mexico,” or, in the alternative, so that it would include the new points requested here under exemption authority. We will handle the certificate request separately. By: Paul Gretch Intra-Alaska Bush Service Mail Rates Order 2008-3-28 Issued and Served March 26, 2008 Bush Quarterly Fuel Cost Adjustments By this order, the Department is making its regular quarterly adjustments to the three classes of Intra-Alaska bush mail rates to reflect the most recent quarterly fuel costs. The new rates are to be effective on March 29, 2008, and reflect fuel expenses for the quarter ended December 31, 2007.
By: Todd Homan Intra-Alaska Mainline Service Mail Rates Order 2008-3-27 Issued and Served March 26, 2008 Mainline Quarterly Fuel Cost Adjustments By this order, the Department is making its regular quarterly adjustments to the Intra-Alaska mainline mail rates to reflect the most recent quarterly fuel costs. The new rates are to be effective on March 29, 2008, and reflect fuel expenses for the quarter ended December 31, 2007. The data in show that, from the third quarter to the fourth quarter of 2007, fuel costs have increased $0.04296 per ATM, from $0.42865 to $0.47161, or 10.02 percent. This produces a 4.55 percent increase in the overall linehaul mail rate. By: Todd Homan National Task Force to Develop Model Contingency Plans to Deal with Lengthy Airline On-Board Delays OST-2007-0022 - Enhancing Airline Passenger Protections February 26, 2008 By: Samuel Podberesky Taga Air Charter Service, Inc. OST-2006-25577 - Commuter Air Carrier Authority March 24, 2008 Taga Air respectfully moves for a two-week extension of time, through April 7, 2008, to file updated information. For reasons unrelated to the Department's citizenship review, Taga Air suspended its flight operations on March 18, 2008. Officials of the Company are scheduled to meet with the Manager of the FAA Honolulu Flight Standards District Office later this week, which may result in the voluntary surrender of the Company's FAA certificate at that time. The Company will notify the Department of the results of its meetings with the FAA. If the Company surrenders its certificate to the FAA, its air taxi registration may then be cancelled and the question of Taga Air's citizenship would be moot. However, because the situation remains in flux, Taga Air is unable to provide a conclusive report at this time concerning the status of the Company and its certificate. A two-week extension of time to allow the situation to play out would not be contrary to the public interest, especially given that Taga Air has ceased its flight operations and expects to surrender its certificate in the near future. Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com Order 2008-3-30 Issued and Served March 26, 2008 Order Granting Exemption and To Show Cause By this order we (1) grant the application of the referenced foreign air carrier for an exemption under 49 U.S.C. §40109, subject to conditions; and (2) tentatively find that it is in the public interest to grant the applicant the foreign air carrier permit attached as Appendix B to this order. Titan currently holds exemption authority, last issued by Notice of Action Taken dated August 2, 2007, in Docket OST-2004-17916, to engage in charter foreign air transportation of persons, property and mail between the United Kingdom and the United States, and to conduct other charter operations in accordance with 14 CFR Part 212 of the Department's regulations. By: Paul Gretch US Airways, Inc. and Swiss International Air Lines, Ltd. OST-2008-0101 - Statements of Authorization - US-Switzerland and Beyond Codesharing March 21, 2008 We have polled the air carriers on the attached service list regarding the above-referenced Joint Application. We received no objections Accordingly, we respectfully request expedited consideration of this Application Counsel: Howard Kass, 202-326-5153, howard_kass@usairways.com OST-2008-0107 - Form 41 Traffic and Financial Schedules March 25, 2008 As Southwest and other parties have made clear in the recent ExpressJet docket, there is simply no legitimate basis for excusing one airline from the public reporting obligations that all other airlines are required to abide by. In its September 10, 2007 denial of similar single-carrier exemption petitions filed by ExpressJet, the Department agreed. Accordingly, this issue should not again be subject to a time consuming debate. In fact, since a carrier's information remains confidential while the Department makes a determination, any delay is akin to a decision in favor of an unfair, single-carrier exception. Therefore the Department should reiterate its findings on ExpressJet's motions and immediately deny Virgin America's extraordinary request. Without repeating all of the compelling reasons articulated in Southwest's previous filings, along with those given by other parties for denying ExpressJet's motions, it suffices to say that Virgin America has offered no legitimate factual or legal basis for the exclusive relief it is requesting. Counsel: Southwest, Bob Kneisley, 202-263-6284, bob.kneisley@wnco.com
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