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OST Docket Filings for May 8, 2008

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Updated: 5/9/08 | 1:37 PM

Applications and Renewals:

EAS at Kingman and Prescott, AZ - Notice of Air Midwest to Terminate EAS

USA 3000 - Pittsburgh/Columbus-Cancun / Philadelphia-Bermuda / US-Jamaica and Bahamas / Philadelphia-Puerto Vallarta; Cleveland-Puerto Vallarta; Hartford-Cancun Renewals

Answers and Replies:

Aloha Airlines and Aeko Kula d/b/a Aloha Air Cargo - Response of ALPA in Opposition to Shortened Answer Period

EAS at Alamosa, CO - San Luis Valley Regional Airport in Support of Great Lakes

EAS at Athens and Macon, GA - DOT Request for Community Comments

EAS at Beckley, WV - DOT Requests for Community Comments

EAS at Franklin/Oil City, PA - Franklin Area Chamber of Commerce in Support of Gulfstream

EAS at Joplin, MO - Joplin Regional Airport Request for Reconsideration

Notices of Action Taken:

Jetport - Canada-US Cargo Charters Renewal

Notices and Orders:

2009 US-China All-Cargo - Notice Shortening Answer Period

Alitalia - Final Order (EU-US)

Aloha Airlines and Aeko Kula d/b/a Aloha Air Cargo - Notice Shortening Answer Period (Transfer of Certificate) / Notice Providing Additional Time to File Answers

Condor - Final Order (Germany-US)




2009 US-China All-Cargo Proceeding

OST-2008-0127

Served May 8, 2008

Notice Shortening Answer Period

On May 7, 2008, Federal Express Corporation, Northwest Airlines, Inc., Polar Air Cargo, Inc. and United Parcel Service Co., collectively the incumbent carriers, submitted a late-filed petition for reconsideration of the evidence request accompanying instituting order, Order 2008-4-22, insofar as it directs the incumbent carriers to provide certain data.

To avoid delay in the conduct of this proceeding, we will shorten the answer period by making answers to both the petition for reconsideration, and the accompanying motion, due Friday, May 9, 2008. We will stay the requirement to submit incumbent carrier data pending the Department's issuance of a decision on the petition.

The May 9, 2008 submission date for new applications provided in Order 2008-4-22, remains unchanged, as prospective applicants would not have had the benefit of incumbent carrier data in preparing new applications in any event.

By: Paul Gretch

Index


Alitalia Linee Aeree Italiane S.p.A.

Order 2008-5-11
OST-2007-28728 - Exemption and Amended Foreign Air Carrier Permit - EU-US

Issued May 7, 2008 | Served May 8, 2008

Final Order

By Order 2007-10-30, issued October 25, 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.

No objections were received within the time period provided.

By: Paul Gretch

http://www.alitalia.com/

Index


Aloha Airlines, Inc. and Aeko Kula, Inc. d/b/a Aloha Air Cargo

OST-2008-0158 - Transfer of Certificate of Public Convenience and Necessity
OST-2008-0159 - Pendente Lite Exemption


Served May 8, 2008

Notice Shortening Answer Period

On May 6, 2008, Aloha Airlines, Inc. and Aeko Kula, Inc. d/b/a Aloha Air Cargo filed a joint application in Docket OST-2008-0158 requesting that the Department transfer the interstate scheduled certificate
and other exemption authority held by Aloha to AKI pursuant to 49 U.S.C. § 41105 to enable AKI to close its purchase of Aloha's cargo-related assets and conduct intra-Hawaii cargo operations by May 14, the proposed closing date of the transaction. On that same date, the Joint Applicants filed an application in Docket OST-2008-0159 requesting that the Department grant them a pendente lite exemption from section 41105 in the event the Department is unable to act on their transfer application by May 14.

Concurrently, the Joint Applications filed a motion requesting that the Department shorten the answer period in this case to 12:00 p.m. on May 8, 2008,' to facilitate their request for expedited action in this matter and to enable the Joint Applicants to proceed with their commercial transaction.

On May 8, 2008, the Joint Applicants advised the Department that there were no objections to shortening the answer period or the underlying applications.

Under these circumstances, we have decided to grant the Joint Applicants' request for a shortened answer period in this case. Therefore, acting under authority assigned in 14 CFR 385.12, answers to the Joint Applicants request for a certificate transfer and a pendente lite exemption will now be due no later than 12:00 p.m. on May 9, 2008.

By: Todd Homan


May 8, 2008

Notice Providing Additional Time to File Answers

While the Department continues to believe that the public interest justifies a shortened answer period, in recognition of ALPA’s argument that that the time frame requested by the applicants is insufficient, we have decided to extend the period for answers by three additional days. Therefore, the Department now directs interested parties to file answers to the Joint Applicants’ request for a certificate transfer and a pendente lite exemption no later than 10:00 a.m. on May 12.

By: Todd Homan


May 8, 2008

Response of Air Line Pilots Association in Opposition to Shortened Answer Period

Air Line Pilots Association objects to the request of Aloha Airlines, Inc., and Aeko Kula, Inc., d/b/a Aloha Air Cargo to shorten the answer period to their certificate transfer and pendente lite exemption applications to 12:00 noon Eastern time May 8, 2008.

The application raises multiple difficult issues being addressed in Aloha's U.S. Bankruptcy Court proceeding (In re Aloha Airgroup Inc. Case No., 08-00337, U.S. Bankruptcy Court for the District of Hawaii). These issues include, but are not limited to, the calling back of Aloha pilots for its cargo operation out of seniority order in violation of Aloha's collective bargaining agreement with ALPA, and other violations of that agreement. In addition, ALPA requires further detail about the particular statements in the Applicants' papers that Aloha Air Cargo intends to employ certain Aloha pilots and aircraft to take an informed position on the merits. It is essential that all parties be given adequate time to review these facts, as well as the almost 60 pages of supporting documents, before responding to the pending applications.

Counsel: ALPA, James Johnson, 202-797-4086

http://www.alohaairlines.com/
http://www.saltchuk.com/aloha.aspx

Index


Condor Flugdienst GmbH

Order 2008-5-10
OST-1996-1976 - Foreign Air Carrier Permit - Germany-US

Issued May 7, 2008 | Served May 8, 2008

Final Order

By Order 2007-10-31, issued October 25, 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.

No objections were received within the time period provided.

By: Paul Gretch

http://www.condor.de/

Index


Essential Air Service at Athens and Macon, Georgia

OST-2002-11348 - Athens
OST-2007-28671 - Macon

May 8, 2008

DOT Request for Community Comments of:

My purpose in writing to you at this time is to request any final comments you might have on each carrier's proposals before we submit a recommendation. We request that you review each proposal and submit any comments you may have as soon as possible, but in no case later than May 28.

Wings Air has proposed to serve either Athens or Macon individually, or both communities as a package. In the Athens-Atlanta market, the carrier has proposed to provide six daily nonstop round trips using 9-passenger twin-engine Piper PA-31-350 Chieftain aircraft for a first-year subsidy of $1,615,985 and a second-year subsidy of $853,823. In the Macon-Atlanta market, the carrier has proposed to provide seven daily nonstop round trips for a first year subsidy of $542,710 and subsidy-free for the second year, using the same Piper PA-31-350 aircraft. Wings Air is currently a Part 135 commuter air carrier providing on-demand air taxi service throughout the southeast, and it simultaneously submitted an application with the Department's Air Carrier Fitness Division to for authority provide scheduled passenger service.

Vintage P&J has proposed several options to serve Athens and Macon, all offered to Atlanta and all as an inseparable package. At Athens, Option #1 would provide 25 nonstop round trips each week (four round trips each weekday and 5 round trips each weekend) for a first-year subsidy of $1,793,189 and a second-year subsidy of $1,840,277. Under its Option #2, it would provide Athens 19 nonstop round trips each week (three round trips each weekday and four round trips each weekend) for a first-year subsidy of $1,519,661 and a second-year subsidy of $1,537,444.

At Macon, Vintage P&J proposes three service options. Under Option #1, the carrier proposed to provide 42 nonstop round trips each week to Atlanta ~ seven round trips each weekday and an additional seven round trips either mid-week or over the weekend. The first-year subsidy would be $2,521,373, and second-year subsidy would be $2,679,391. Under Option #2, the carrier would provide 37 nonstop round trips each week to Atlanta - six round trips each weekday and a total of seven round trips either mid-week or over the weekend. The first year subsidy would be $2,317,484, and second-year subsidy would be $2,448,712. Under Option #3, the carrier would provide 30 nonstop round trips a week — five round trips each weekday and a total of five round trips either mid-week or over each weekend. The first-year subsidy would be $2,013,021 and second-year subsidy would be $2,105,656. A portion of Vintage P&J's service under all three Macon Options, consisting of two round trips each week, would be provided to Orlando to rotate their aircraft for maintenance purposes. These round trips would be scheduled to best serve Macon passengers desiring to travel to and from Orlando. Each of the carrier's options reflects greater revenue and higher passenger estimates in the second year, but also reflects significantly higher labor and fuel costs in the second year. The carrier also states that the cost of each of its options has been increased by a City-of-Atlanta-imposed "Demand Management" fee of $353,600 for the use of the Atlanta airport's gates. However, if the carrier is successful in efforts to work with the City to reduce or eliminate the fee, the carrier's subsidy need under each option would be lowered or eliminated accordingly. All of the carrier's service would be provided using pressurized 9-seat Beech King Air 100 or 200 twin-engine, turboprop aircraft with a cargo/luggage pod attached under the fuselage

Air New Mexico has offered three separate options. Under Option #1, the carrier has proposed to provide 12 weekly nonstop round trips (two each weekday and two over the weekend) in the Athens-Atlanta market for an annual subsidy of $1,051,386. The carrier's Option #2 would provide 12 weekly nonstop round trips (two each weekday and two over the weekend) in the Athens-Charlotte market for an annual subsidy of $1,418,320. Under Option #3, the carrier would provide 26 weekly nonstop round trips in the Macon-Atlanta market (four each weekday and six over the weekend) for an annual subsidy of $1,386,306. All service would be provided in 9-passenger Cessna 208B Grand Caravan single-engine, turboprop aircraft with a cargo/luggage pod attached under the fuselage.

By: Dennis DeVay

Index


Essential Air Service at Alamosa, Colorado

OST-1997-2960

April 25, 2008

Re: San Luis Valley Regional Airport in Support of Great Lakes Aviation

The SLV Regional Airport Board of Control requests your favorable consideration of Great Lakes Aviation, Ltd.

By: SLV Regional Airport, Tim Gallagher, 719-589-4848

Index


Essential Air Service at Beckley, West Virginia

OST-1997-2761

May 5, 2008

DOT Request for Community Comments of:

My purpose in writing to you at this time is to give you an opportunity to submit any final comments you might have on the carriers' subsidy proposals. We request that you review this information as expeditiously as possible and submit any comments you may have as soon as possible, but in any case no later than May 26, 2008.

Colgan (the incumbent) proposes to operate 12 nonstop or one-stop round trips a week to Washington's Dulles International Airport with 34-seat Saab 340 aircraft, at the annual subsidy rate of $2,092,844. While the carrier currently provides nonstop service, it reserves the option of converting the service to 12 one-stop round trips a week. Colgan's service is operated under a codeshare agreement with United Airlines.

Gulfstream's proposal features two options: Option 1 offers 12 nonstop round trips a week to Cleveland Hopkins International Airport at the annual subsidy rate of $2,280,312. Option 2 offers 6 nonstop round trips a week, along with 12 one-stop round trips a week to Cleveland via Greenbrier/White Sulphur Springs/Lewisburg at the annual subsidy rate of $1,793,947. Gulfstream's service is operated with 19-seat Beech 1900D aircraft, under a codeshare agreement with Continental Airlines. The carrier's proposal is wholly contingent upon its being awarded the EAS contracts previously solicited for the communities of Dubois and Franklin/Oil City, PA; and Greenbrier/White Sulphur Springs/Lewisburg, WV.

By: Dennis DeVany

Index


Essential Air Service at Franklin/Oil City, Pennsylvania

OST-1997-2523

May 2, 2008

Re: Franklin Area Chamber of Commerce in Support of Gulfstream International Airlines' Bid

The past eleven months have taken a tremendous toll on the community and its air service as the current carrier has downsized its infrastructure in anticipation of leaving its East Coast EAS markets. We are very anxious to have Gulfstream service our region. 

We, The Franklin Area Chamber of Commerce enthusiastically endorse and support Gulfstream International Airline's bid, Option # 2 to provide are carrier to the Franklin/Oil City area through the Essential Air Service subsidy program. We understand fully that the goal of the EAS program is to provide a "safety net" level of service to connect the community with the Nation's air transport system. This bid and particularly option #2 would provide that safety net in a meaningful way by enhancing our ability to regain our travel market thereby minimizing future dependency upon the subsidy. Our region is continuing to attract businesses to the region that makes commercial air service an integral part of our economic development success. Viable air service is critical to this economic impact potential. Accordingly, Gulfstream International Airlines initiation of air service as soon as possible is critical to our economic development success, as well as attracting those individuals that travel extensively. Preferably under their Option # 2, Gulfstream International will provide the level of service we so desperately need. We appreciate your efforts and those of your department on behalf of the Franklin/Oil City, Venango County and the entire Oil Heritage Region served by the Venango Regional Airport, and recognize the additional workload that resulted from the present carrier's 90 day notification to discontinue service. Thank you for your persistent efforts on our behalf.

By: Franklin Area Chamber of Commerce

http://www.co.venango.pa.us/airport/ - Venango Regional Airport
http://www.franklin-pa.org

Index


Essential Air Service at Joplin, Missouri

OST-2006-23932

May 6, 2008

Re: Joplin Regional Airport Request for Reconsideration | Word

The Joplin Regional Airport and community of Joplin, Missouri (the Joplin parties) are very disappointed with the Department decision in Order 2008-5-2 regarding Joplin Essential Air Service.

We request re-consideration of Joplin’s preference for Northwest option 3, three round trips to Memphis for $2,102,568.

By: Steve Stockam

Index


Essential Air Service at Kingman and Prescott, Arizona

OST-1996-1899

May 6, 2008

Notice of Air Midwest to Terminate EAS

Air Midwest, Inc. respectfully serves notice upon the Department of Transportation, in accordance with 14 C.F.R. §323.3 and 14 C.F.R. §323.4, of its intent to discontinue scheduled subsidized Essential Air Service over Kingman-Prescott-Phoenix and Prescott-Kingman-Las Vegas effective August 4, 2008.

The termination of service by Air Midwest will reduce air transportation at these two communities to a level below the essential air service determination set forth in Order 2007-6-10.

At present. Air Midwest is the sole provider of certificated scheduled air service at Kingman and Prescott, Arizona.

By: Mesa, Jeff Ryskamp

http://www.cityofprescott.net/visitors/airport/ - Prescott Municipal Airport
http://www.kingmanairportauthority.com/ - Kingman Airport

Index


Jetport, Inc.

OST-2001-10006 - Exemption - Canada-US Cargo Charters

Filed February 11, 2008 | Issued May 8, 2008

Notice of Action Taken

Renew exemption from 49 U.S.C. § 41301 to permit the applicant to continue to conduct, using small aircraft, charter operations carrying passengers and their accompanying baggage between: (1) Canada and the United States; (2) third countries and the United States, via Canada, that make a stopover in Canada for at least two consecutive nights; and (3) other charters to/from the United States in accordance with 14 CFR Part 212.

By: Paul Gretch

http://www.jetport.com/

Index


USA 3000 Airlines


OST-2002-14000 - Exemption - Pittsburgh/Columbus-Cancun

May 7, 2008

Application for Renewal of Exemption Authority

By Notice of Action Taken dated September 21, 2006, USA 3000 was granted renewal of its exemption authority for two years to conduct scheduled foreign air transportation of persons, property and mail on the routes set out above. The authority granted is set to expire by its own terms on September 21, 2008. USA 3000, therefore, requests that its authority to conduct scheduled combination service on these routes be extended by a further two years.

USA has been successfully operating scheduled combination service on these routes since grant of authority, utilizing Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980


OST-2004-19479 - Exemption - Philadelphia-Bermuda

May 7, 2008

Application for Renewal of Exemption Authority

By Notice of Action Taken dated September 18, 2006, USA 3000 was granted renewal of its exemption authority for two years to conduct scheduled foreign air transportation of persons, property and mail on the route set out above. The authority granted is set to expire by its own terms on September 18, 2008. USA 3000, therefore, requests that its authority to conduct scheduled combination service on this route be extended by a further two years.

USA has been successfully operating scheduled combination service on this route since grant of authority, utilizing Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980


OST-2004-19480 - Exemption - US-Jamaica and Bahamas

May 7, 2008

Application for Renewal of Exemption Authority

By Notice of Action Taken dated September 18, 2006, USA 3000 was granted, inter alia, renewal of its exemption authority for two years to conduct scheduled foreign air transportation of persons, property and mail on the route set out above. The authority granted is set to expire by its own terms on September 18, 2008. USA 3000, therefore, requests that its authority to conduct scheduled combination service on this route be extended by a further two years.

USA has been successfully operating scheduled combination service on this route since grant of authority utilizing Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980


OST-2004-19673 - Exemption - Philadelphia-Puerto Vallarta; Cleveland-Puerto Vallarta; Hartford-Cancun

May 7, 2008

Application for Renewal of Exemption Authority

USA has been successfully operating scheduled combination service on this route since grant of authority, utilizing Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980

http://www.usa3000.com/

Index



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