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OST Docket Filings for July 23, 2008
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| Applications and Renewals:
Shanghai Airlines - Shanghai-Saipan Charters Star Alliance - Joint Application to Amend Order 2007-2-16 - Continental to Join Alliance Answers and Replies: Baltia Airlines - DOT Request for Additional Information (New York-St. Petersburg Certificate) EAS at Augusta, ME - City of Augusta in Support of Colgan Air EAS at Escanaba, MI - Delta County Airport and Delta County Board of Commissioners in Support of Mesaba Airlines EAS at Huron, SD - Huron Regional Airport in Support of Great Lakes EAS at Lebanon, NH - City Lebanon Support for Cape Air EAS at North Bend/Coos Bay, OR - Objection of South Coast Development Council EAS at Parkersburg, WV - City of Parkersburg in Support of Colgan Air EAS at Pendleton, OR - City of Pendleton Objection to Termination of Service Republic and Shuttle America - Joint Reply (Form 41 Confidentiality) Small Community Air Service - Support Letters Southwest - Family Assistance Plan Notices of Action Taken: None Notices and Orders: IATA Tariff Coordinating Conference - Amending Exemption Priester Aviation - Show Cause Proposing Issuance of Certificates (Interstate and Foreign Charters) |
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OST-2007-0007 - Certificate of Public Convenience and Necessity - New York-St. Petersburg July 11, 2008 Re: DOT Request for Additional Information We have completed our review of the application and supplemental information filed by Baltia Airlines, Inc. In your submissions you filed first-year expense forecasts for operations assuming 1 flight per week and for operations up to 5 flights per week. Based on these forecasts, it appears Baltia will need $6.44 million to meet our financial fitness test, assuming one flight per week, and $16.85 million, assuming up to five roundtrips flights per week (e.g. one-quarter of the forecasted first-year operating expenses plus pre-operating expenses). In order for us to complete our review of the applicant's fitness to conduct the proposed operations please provide 1) third-party verification of Baltia's cash account balances for the most recent quarter ending June 30, 2008, 2) sufficient notes to the first-year expense forecast to allow an assessment of the amount Baltia has budgeted for equipment purchases, and 3) the conditions that must be met before the equipment lines-of-credit will be advanced, the terms of repayment for these lines-of-credit, and the expiration dates. By: Office of Aviation Analysis, Lauralyn Remo Essential Air Service at Augusta, Maine July 11, 2008 Re: City of Augusta in Support of Colgan Air On June 30 2008 The Augusta City council authorized me to respond to your letter of June 6, 2008 regarding the proposal for EAS services by Colgan Air, Inc. d/b/a US Airways Express at the Augusta State Airport. The City fully supports Colgan Air and recommends Option 3A of their proposal. By: Mayor Roger Katz Essential Air Service at Escanaba, Michigan
July 15, 2008 Re: Delta County Airport in Support of Mesaba Aviation After review of the two bid offers for Essential Air Service the Delta County Airport Advisory Board supports Mesaba Airlines' bid offer. Considerations involved in this decision are the fact that Mesaba is established and presently serves the Delta County area. During the last year and a half local air service has gone through great upheavals including two months with no service. Stability is essential at this point. We believe Mesaba, Northwest Airlink, with service to Detroit and Minneapolis, provides this community the best opportunity for established access to fimctional hub airports and we expect Mesaba, Northwest, to continue careful analysis of scheduling to provide the best possible schedule and connections. By: Connie Ness
July 16, 2008 Re: Delta County Board of Commissioners in Support of Mesaba Aviation The Delta County Board of Commissioners at their regular meeting held July 15, 2008 reviewed the two bid offers for the Delta County Airport. The Board moved to support the bid from Mesaba Airlines. The Board feels through Mesaba Airlines Northwest Airlink services to Detroit and Minneapolis the residents of Delta County will enjoy an established air provider access. By: Thomas Elegeert Essential Air Service at Huron, South Dakota July 17, 2008 Re: Huron Regional Airport in Support of Great Lakes Aviation On behalf of the City of Huron Airport Board I am pleased to submit this letter of support for the proposal submitted by Great Lakes Aviation to the request for proposals published by your office under Order 2008-5-18. By: Larry Picek Essential Air Service at Lebanon, New Hampshire July 17, 2008 Re: City of Lebanon Support for Cape Air At its regularly scheduled meeting last night (July 16, 2008), the Lebanon City Council selected and recommends to the US Department of Transportation that Hyannis Air Service, Inc., dba Cape Air, be the airline that provides commercial air service at Lebanon Municipal Airport under the terms provided in their proposal for six (6) daily round trip flights between Lebanon and Boston/Logan Airport. By: Gregg Mandsager
Essential Air Service at North Bend/Coos Bay, Oregon July 18, 2008 Re: Objection of South Coast Development Council to Termination of Service The Objector requests that the DOT, by order, prohibit the requested termination of service by Horizon Air Industries, Inc. In addition, or in the alternative, the objector requests that the DOT determine and/or affirm its prior EAS determination set forth in CAB/DOT Order 1984-12-137, which designated Portland as the hub for North Bend/Coos Bay's essential air service. Finally, the DOT should amend its Order 1984-12-137 to guarantee increased capacity with direct flights for North Bend to Portland. In its Notice of Termination, Horizon asserts that its termination of service to Portland will not reduce levels of service below the level set forth in the essential air service determination Order 1984-12-137. In that order, the Civil Aeronautics Board specifically determined that Portland, not San Francisco, would be the only hub airport designated for EAS to North Bend/Coos Bay. In addition, that Order describes the minimum level of EAS service as being twice daily round-trip flights to Portland. Therefore, Horizon's assertion that the EAS levels set forth in the 1984 Order would be maintained after its termination of service is not correct. The objector understands that Horizon Air currently serves the Southwest Oregon Regional Airport in a subsidy-free basis. The objector does not oppose the payment of a subsidy to Horizon, or any other certified air carrier, in order to maintain essential air service in the form of direct flights to Portland.
Essential Air Service at Parkersburg, West Virginia July 14, 2008 Re: City of Parkersburg in Support of Colgan Air In response to your letter of June 19, 2008 requesting comments on Essential Air Service proposals for the Mid Ohio Valley Regional Airport, I have reviewed all bids closely and believe that the Colgan Air bid best meets the needs of our commimity. This bid provides continuity of service in a market that has experienced far too many air service changes over the past couple of years. Although the community is not pleased with the reduction in service to only 12 flights per week the stability brought by maintaining a proven air carrier and a robust hub like Dulles takes priority. By: Mayor Robert Newell, 304-424-8420 Essential Air Service at Pendleton, Oregon July 15, 2008 Re: City of Pendleton Objection to Termination of Service the City of Pendleton requests that the Department of Transportation provide continuation of the existing service or provide replacement service that provides: (a) Direct service to Portland, Oregon; and (b) Code share with airlines that provide regularly, scheduled service north and south and east and west, or similar through major hub airports. This request is based on the natural market need between Pendleton and Portland which is greater than the need between Pendleton and Seattle. By: Mayor Phillip Houk International Air Transport Association Passenger Tariff Coordinating Conference Order 2007-7-24 Issued July 23, 2008 | Served July 28, 2008 lATA has filed additional applications to broaden the scope of the exemption for Flex Fares resolutions:
In its applications, lATA states that the broadening the exemption is justified by substantially the same reasons the Department relied on in Order 2006-12-24 granting the original exemption and subsequent orders expanding the exemption, where the Department found that fares for travel within these regions typically present no public interest concerns justifying pre-implementation review of agreements limited to such travel. We will grant the expanded exemptions as requested, under the same conditions. lATA fares for travel between non-U.S. markets typically present no public interest concerns involving U.S. passengers under U.S. aviation policy or U.S. antitrust laws to justify our review of agreements limited to such travel. We find that an expansion.of the Flex Fare mechanism to include lATA interline fares for travel in the additional non-U.S. markets is consistent with the public interest for the reasons stated in Order 2006-12-24. By: Michael Reynolds Order 2008-7-25 Issued and Served July 23, 2008 Order to Show Cause Proposing Issuance of Certificates By this order, we tentatively conclude that Priester Aviation, LLC is a citizen of the United States and is fit, willing, and able to provide interstate and foreign charter air transportation of persons, property, and mail, and should be issued certificates of public convenience and necessity authorizing such operations. We will give interested persons 14 days following the service date of this order to show cause why the tentative findings and conclusions set forth here should not be made final; answers to objections will be due within 7 days thereafter. We expect such persons to direct their objections, if any, to the applications and points at issue and to support such objections with detailed economic analyses. By: Michael Reynolds Republic Airline, Inc. and Shuttle America Corporation OST-2005-23355 - Republic Airlines - Confidential Treatment Under 14 CFR 302.12 (Form 41, Schedules B-1, B-7, B-12, P.1.2, P-1(a), P-5.1 and P-6) July 18, 2008 Motion for Leave to File and Joint Reply of Republic Airline and Shuttle America The Joint Carriers' reliance on the so-called "definitive precedent established in the Department's final decision on ExpressJet" is completely misplaced. The Department's ExpressJet decision provides no basis for denying the requests of Republic or Shuttle. The scope of and circumstances involving Republic/Shuttle confidentiality requests are different than and unrelated to either the ExpressJet situation or to the pending request of Virgin America. Unlike ExpressJet and Virgin America, Republic and Shuttle are not seeking wholesale confidentiality of their Form 41 submissions. Rather, Republic and Shuttle seek only limited confidentiality of certain line items to maintain the confidentiality of information that the Department has already decided to not disclose to the public-aircraft cost information and the financial terms of codeshare agreements. It is not surprising that when Republic and Shuttle filed their confidentiality motions in December 2005, no objections were filed to those motions. The Joint Carriers have established no basis for denial of the Petitions of Republic or Shuttle. Republic and Shuttle respectfully request that the Staff Action be reversed, and an Order be issued granting confidential treatment to the specified Form 41 line items identified in Republic's and Shuttle's Motions. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999
OST-2008-0233 - Exemption - Shanghai-Saipan Charters July 23, 2008 Application for an Exemption - Bookmarked Shanghai Airlines Co., Ltd. hereby applies for a new or amended exemption from 49 U.S.C. § 41301 authorizing Shanghai Airlines to engage in charter foreign air transportation of persons, property, and mail between the People's Republic of China and the United States, and other charters pursuant to 14 C.F.R. Part 212, using the Company's own aircraft. Shanghai Airlines seeks approval of such exemption authority for a period of at least one year. Initially, Shanghai Airlines plans to rely on the requested exemption authority and a statement of authorization under Part 212 to conduct a series of twice-weekly charter flights during the month of September between Shanghai and Saipan, Commonwealth of the Northern Mariana Islands, commencing on or about September 4, 2008. The Company plans to provide this charter service using B767-300ER airplanes from its fleet configured with 28 business class seats and 200 economy seats. Counsel: Hogan & Hartson, George Carneal, 202-637-6546
Small Community Air Service Development Program - 2008
Re: Bullhead Area Chamber of Commerce in Support of Bullhead, AZ
Re: AGC California in Support of Sonoma County, CA
Re: Colorado DOT in Support of Eagle County, CO
Re: Believers Stewardship Services in Support of Dubuque, IA Re: C.W. Suter Services in Support of Sioux City, IA
Re: Michigan DOT in Support of Escanaba, MI Re: Global Indirect Procurement in Support of Kalamazoo, MI
Re: Markovich Construction and Real Estate in Support of Butte, MT Re: Minuteman Jet Center in Support of Missoula, MT Re: Big Sky Montana Resort in Support of West Yellowstone, MT
Re: Congressman Michael Arcuri (D-NY) in Support of Syracuse, NY
Re: Harrisonburg-Rockingham Chamber of Commerce in Support of Staunton, VA
OST-1996-1960 - Family Assistance Plan July 18, 2008 Counsel: Southwest, Laurie Barnett, 214-792-4822 OST-2008-0234 - Approve and Confer Antitrust Immunity on Certain Alliance Agreements July 23, 2008 Joint Application to Amend Order 2007-2-16 - Bookmarked
Continental currently is a non-immunized member of the SkyTeam Alliance. Earlier this year, the SkyTeam carriers secured antitrust immunity for a series of alliance agreements among Air France, Alitalia, Czech, Delta, KLM, and Northwest - including an integrated JV agreement linking the transatlantic networks of Delta and Northwest with those of Air France and KLM. Delta and Northwest recently announced plans to merge. Continental now has announced that it is withdrawing from the SkyTeam Alliance and seeks to participate in the Star Alliance instead." At the same time, Continental plans to establish an alliance relationship with United to replace its relationships with Delta and Northwest. The authority sought in the present application will enable these transactions to proceed and is entirely consistent with the authority recently granted to Delta, Northwest, and their SkyTeam partners pursuant to an application that also sought antitrust immunity for a series of alliance agreements between two U.S. airlines. The Department's recent decision to approve the SkyTeam application, therefore, is directly applicable to the approval sought here. By extending to Continental the existing antitrust immunity granted to the Star ATI Carriers in Order 2007-2-16, approval of the present application will improve the ability of Continental and the Star ATI Carriers to compete effectively with the recently strengthened SkyTeam Alliance, and it will maximize the benefits that Continental and its passengers will derive from Continental's participation in the Star Alliance.Counsel: Wilmer Cutler, Bruce Rabinovitz, 202-663-6960 for Air Canada, Lufthansa and United / Holland & Knight, Anita Mosner, 202-419-2604 for Air Canada / Crowell & Moring, Bruce Keiner, 202-624-2615 for Continental / Austrian Airlines, David Shapiro / British Midland, TJ Bye / LOT Polish Airlines, Krzystof Ziebinski / SAS, Hans Ollongren / Swiss, Ignazio Strano / TAP Arir Portugal, Jose Guedes Dias
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