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OST Docket Filings for March 31, 2008
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Updated:
| Applications and Renewals:
AeroMexico Travel - Supplement No. 1 (Mexico-US Passenger Charters) Frontier - Dormancy Notice (US-Mexico Routes) IATA - Mail Vote 560 - Flex Fares Package TC23/123 Europe-Japan, Korea Jetairfly - Exemption and Permit - EU-US Answers and Replies: Aerolineas Argentinas - 219th Escrow Deposit Report American - List of Certificates and Exemptions Superseded by US-EU Open-Skies EAS at Crescent City, CA - Request for Deadline Extension IATA - Technical Correction (Flex Fares - TC23/123 Europe-Japan, Korea Special Passenger Amending Resolutions) Mexicana and American - Polling Results (Additional US-Mexico Codesharing) Oceanair - Polling Results (Sao Paulo-Los Angeles) Washington DCA Slots - Response of AirTran to Answer of Midwest Notices of Action Taken: China Eastern - Beijing/Shanghai-US Points Codeshare with American Renewal Notices and Orders: EAS at Adak, Atka and Nikolski, AK - Reselecting Carriers EAS at Beckley, WV - Resoliciting Proposals EAS at DuBois and Franklin/Oil city, PA, Greenbrier/White Sulphur Springs/Lewisburg, WV and Athens, GA - Extending Service Obligation Horizon Air - Revoking Registration of Trade Name (Frontier JetExpress) Reports by Carriers on Incidents Involving Animals During Air Transport - Request for Public Comments Small Community Air Service - Soliciting Community Grant Proposals |
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March 31, 2008 Re: Two-Hundred-Nineteenth Escrow Deposit Report This is the TWO-HUNDRED-NINETEENTH Escrow Deposit Report for the week ended March 23, 2008. Aerolines made a deposit into the escrow of U.S. $28,681.93 for the week ended March 23, 2008, for a totai escrow amount of U.S. $5,920,987.46. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, JRomans@lrjwlaw.com March 31, 2008 Re: List of Certificates and Exemptions Superseded by US-EU Open-Skies American Airlines, Inc., in light of the March 30, 2008 effective date of U.S.-EU open skies, and American's open skies certificate for Route 835, Order 2007-4-2, April 1, 2007, hereby provides a list of its certificates and exemptions that have been superseded and are no longer required. The entries with asterisks have pending renewal applications that can be dismissed. Certificates:
Exemptions:
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com China Eastern Airlines Corporation Limited OST-2004-19010 - Exemption - China-US Codeshare with American Airlines Filed March 10, 2008 | Issued March 31, 2008 Renew exemption from 49 U.S.C. § 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail between Beijing and Shanghai, People’s Republic of China, on the one hand, and any point or points in the United States, on the other hand. The applicant requests that the authority be granted for a two-year term. By: Paul Gretch Compania Mexicana de Aviacion, S.A. de C.V. and American Airlines, Inc. OST-2004-16945 - Statements of Authorization and Related Exemption Authority - US-Mexico Codesharing March 28, 2008 I am writing today to inform you that the joint applicants have completed a poll of all those served with the Joint Application dated March 24, 2008. There are no objections to the application. Counsel: Squire Sanders, Constance O'Keefe, 202-626-6230, cokeefe@ssd.com Essential Air Service at Adak, Atka and Nikolski, Alaska Order 2008-3-36 Issued and Served March 31, 2008 By this order, the Department is reselecting Alaska Airlines to provide essential air service at Adak, Alaska, at an annual subsidy rate of $1,483,122, and Peninsula Airways for $513,803 at Atka and $469,786 at Nikolski. The three rates extend through June 30, 2010. By Order 2008-1-24 we requested proposals at all three communities, and received timely filed proposals from Alaska and PenAir. We requested comments from the communities by March 18. We have received comments, and the issues are ripe for decision. All of the proposals are for the two-year period from July 1, 2008, through June 30, 2010. By: Michael Reynolds Essential Air Service at Beckley, West Virginia Issued March 31, 2008 | Served April 3, 2008 By this order, the Department is resoliciting proposals from carriers interested in providing essential air service at Beckley, West Virginia, for the two-year period beginning August 1, 2008. On November 13, 2007, Colgan discontinued its unsubsidized service at nearby Bluefield/Princeton, West Virginia, with which Beckley's flights had long been linked, and upgraded its aircraft on the route from Beeches to the larger Saabs while continuing to operate 18 nonstop round trips a week rather than dropping down to 12 as allowed under Order 2006-7-2. Very recently, on February 18, 2008, Colgan began operating 12 of those 18 round trips via Staunton, Virginia. Consequently, Colgan now operates 6 nonstop and 12 one-stop round trips a week from Beckley to Dulles with Saabs. As the end of the current rate term approached, we issued Order 2008-2-23, February 19, 2008, requesting proposals, with or without subsidy requests, from carriers interested in providing replacement service at Beckley. Because we received no proposals in response to that order, we are resoliciting proposals here. Carriers should file their proposals no later than May 1. By: Todd Homan
Essential Air Service at Crescent City, California March 28, 2008 Email Message - Border Coast Airport Authority Request for Deadline Extension As per our phone conversation I would like to extend the deadline for comments on the Crescent City EAS bid to April 4, 2008. The Airport Authority Board meets on the 3rd of April which will be their first chance to review and comment on the Skywest bid. By: Airport Manager, Jim Bernard, 707-464-7288, jbernard@co.del-norte.ca.us Essential Air Service at DuBois and Franklin/Oil City Pennsylvania, Greenbrier/White Sulphur Springs/Lewisburg, West Virginia and Athens, Georgia Order 2008-3-34 Issued March 28, 2008 | Served April 2, 2008 Order Extending Service Obligation By this order, the Department of Transportation extends the service obligation of Air Midwest, Inc., at the four above-captioned communities, for an additional 30 days, through April 30, 2008. By: Todd Homan
OST-2007-28682 - Exemption - Milwaukee-Cancun March 31, 2008 Frontier hereby notifies the Department that Frontier's service between these locations will end with the last day of service as follows:
Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com Served March 31, 2008 Notice Revoking Registration of Trade Name On December 29, 2003, Horizon Air Industries, Inc., a certificated U.S. air carrier, requested that the Department register the trade name “Frontier JetExpress” for use in certain of its air transportation operations (See Order 1998-7-6, issued July 8, 1998). On January 16, 2004, the Department issued a notice registering the aforementioned trade name. By letter dated March 18, 2008, Horizon informed the Department that it will no longer use the “Frontier JetExpress” trade name in its operations and requested that the Department revoke the trade name “Frontier JetExpress.” Under these circumstances, we find it appropriate to revoke the trade name “Frontier JetExpress” registered to Horizon. This action is without prejudice to company’s filing for registration of new trade names in the future. By: Todd Homan International Air Transport Association
March 28, 2008 Application for Approval of Agreements Mail Vote 560 - Flex Fares Package TC23/123 Europe-Japan, Korea Special Passenger Amending Resolutions Between Europe and Korea (Rep. of), Korea (Dem. Rep. of) (Memo 0169). For filing purposes Resolution 250n is removed from PTC23 EUR-J/K 0167 (which was filed in Docket OST-2006-26409-0021) and included herewith. March 28, 2008 For filing purposes Resolution 250n is removed from PTC23 EUR-J/K 0167 and included in new Memorandum PTC23 EUR-J/K 0169, which will be filed in a separate docket (see OST-2008-0123). Counsel: IATA, Douglas Lavin OST-2008-0113 - Exemption and Foreign Air Carrier Permit - Sao Paulo-Los Angeles March 28, 2008 This is to advise that Oceanair has completed polling of all carrier served with this application and all indicated no objection to it. Accordingly, Oceanair requests grant of the requested authority as soon as possible so that marketing can begin for service planned to start on or about June 1. Counsel: Zuckert Scoutt, Richard Mathias, 202-973-7919, rdmathias@zsrlaw.com Reports by Carriers on Incidents Involving Animals During Air Transport Published in Federal Register March 31, 2008 Request for Public Comments and OMB Approval of an Existing Information Collection The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on October 10, 2007 (72 FR 57631). The purpose of this notice is to allow the public an additional 30 days from the date of this notice to submit comments on our application to renew ICR 2105–0552, Reports by Carriers on Incidents Involving Animals During Air Transport. The current information collection request approved by OMB expires on March 31, 2008. Comments on this notice must be received by April 30, 2008. Comments are Invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (b) the accuracy of the Department’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. By: Samuel Podberesky Ronald Reagan Washington National Airport Within-Perimeter Slots March 31, 2008 Response of AirTran Airways to Answer of Midwest Airlines AirTran's request to utilize the two slots currently serving DCA-RSW to serve DCA-MKE part of the year and DCA-.RSW during the other part of the year meets the specific decisional criteria enumerated in all applicable statues and is fully consistent with airline deregulation. Moreover, it will allow some additional competition in an important closed market, MKE - DCA. This request is also fully consistent with the Department's action in approving Spirit's seasonal use of DCA slots and with statements made by the Department emphasizing its broad authority to address all slot related issues. Therefore, AirTran asks the Department to process this application in an expedited manner to allow seasonal scheduling changes to be made with two DCA slots so that AirTran can operate a second roundtrip competitive DCA.MKE flight for the spring/summer season while serving DCA‑RSW during the peak Florida winter season. We urge the Department to move quickly to approve this proposal so that AirTran can provide some level of competition in a monopoly market and that it can best maximize use of its limited DCA slot holdings. Midwest must not be allowed to protect its monopoly service for even a few additional days. Counsel: AirTran and Wiley Rein, Edward Faberman, 202-719-7402 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 31, 2008 Supplement No. 1 to Application for an Exemption and a Statement of Authorization The Mexican Dirección General de Aeronáutica Civil issued Aeromexico Travel an international charter permit on March 18, 2008; the Spanish-language permit and an informal English translation are appended to this Supplement as Exhibit 2. To more clearly explain the ownership structure of Aeromexico Travel, the carrier offers the following description in lieu of that provided in Exhibit 1(e): Aeromexico Travel is owned by Grupo Aeromexico, S.A. de C.V., which in turn is owned by Promotora de Administracion ANCAM, S.A.P.I. de C.V. (formerly known as Cintra, S.A. de C.V.), a Sociedad Anónima Promotora de Inversión de Capital Variable formed under Mexican law. That company is owned by a master trust, "Fideicomiso número 16093-6," in which various Mexican businesses and individuals participate. The trustee of that master trust is Banamex (Banco Nacional de Mexico, S.A.), part of Grupo Financiero Banamex. Counsel: Mietus Law, John Mietus, 202-747-5212, john@mietuslaw.com Small Community Air Service Development Program - 2008 Order 2008-3-8 On File at Federal Register March 31, 2008 Order Soliciting Community Grant Proposals - Bookmarked Order Soliciting Community Grant Proposals - (From DOT) - Bookmarked By this order, the Department invites proposals from communities and/or consortia of communities interested in obtaining a federal grant under the Small Community Air Service Development Program to address air service and airfare problems in their communities. Proposals should be submitted in the above-referenced docket no later than June 6, 2008. Small communities that meet the basic criteria and currently receive subsidized air service under the Essential Air Service program are eligible to apply for funds under the Small Community Program. Indeed, a number of EAS-subsidized communities applied in past years and some have received grant awards. However, grant awards to EAS-subsidized communities are limited to marketing or promotion projects that support existing or newly subsidized air services. Grant funds will not be authorized for EAS-subsidized communities to support any new air service. Furthermore, no funds will be authorized to support additional flights by EAS carriers or changes to those carriers’ existing schedules. These restrictions are necessary to avoid potentially adverse effects on EAS program subsidies and the operations of EAS carriers. Communities or members of a consortia that were awarded grants in previous years and want to apply for a grant this year should be aware that (1) they are precluded from seeking new funds for projects for which they have already received an award under the Small Community Program and (2) they cannot accept a new grant while they are a party to an existing grant under the program, either as an individual community or as a member of a consortium. By: Michael Reynolds
TUI Airlines Belgium N.V. d/b/a Jetairfly OST-2008-0124 - Exemption and Foreign Air Carrier Permit - EU-US March 28, 2008 Application for an Expedited Exemption and Foreign Air Carrier Permit - Bookmarked TUI Airlines Belgium N.V., d/b/a Jetairfly, an air carrier of the Kingdom of Belgium, hereby applies for an expedited exemption, and for a foreign air carrier permit, authorizing foreign scheduled and charter air transportation of persons, property and mail to the full extent permitted under the United States-European Air Transport Agreement; and to engage in such other air transportation as the Department may authorize pursuant to the prior approval requirements of Part 212 of the Department's Economic Regulations. Expedited disposition of this application is requested because Jetairfiy proposes to commence once-weekly scheduled direct, non-stop fiights between Brussels, Belgium and Sanford, Fiorida on June 22, 2008. These flights are scheduled to operate every Sunday, June 22 through November 2, 2008, transporting passengers and cargo. Pending issuance of the authority sought, Jetairfly has not formulated a firm plan for further U.S. fiight operations. Jetairfly operated its first flight in March 2003. The company now operates nine Boeing aircraft in scheduled and charter service operating from Brussels, Ostend and Liege to various points in the European Union, Morocco, Tunisia, Turkeyand Egypt; and in long range operations to points in Mexico, the Dominican Republic and other Carribean points. Its destinations list for 2008 includes over 70 points in those areas as well as the United States and Israel. Counsel: Miller Hamilton, Lester Bridgeman, 251-439-7536
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