Application for Renewal of Exemption© Copyright 2000 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for April 5, 2000 |
Last Updated 04/06/00 08:47 AM
Frontier Did Not File Its Application for DCA Slots Today
Applications and Renewals:
Aerocer - U.S.- Mexico | Air India - Codeshare Renewal w/ Singapore | American (2)- U.S.- Vietnam | America West - O'Hare- Columbus/Las Vegas
HeavyLift (2) - Dallas- San Francisco/Denver- Cape Canaveral | Midwest Express (2)- Des Moines- DCA/LGA | Northwest - U.S.- Vietnam
Tie Aviation - Postal Service
Answers and Replies:
American/TACA - Reply Date/Affidavits of United | Delta - Answer of Salt Lake City | Delta/United - Answer of American (Vietnam)
Kalaupapa, Hawaii - EAS | Malaysia/Northwest - Amendment 1
Notices of Action Taken:
American/Continental - Russia | US Airways - Paris
Notices and Orders:
Virgin Atlantic - O'Hare Summer Slots
Form 41's:
| OST-96-1231 | April 5, 2000 | Application for Renewal of Exemption |
Mexico-US Charter |
| Exhibit A: Change in Operations | |||
| Service List |
Counsel: Roller & Bauer, Lee Bauer, 202-331-3300
| OST-98-3549 | April 5, 2000 | Application for Renewal of Exemption |
Los Angeles-Mumbai and Other Points Pursuant to Codeshare with Singapore Airlines |
| Service List |
Hereby requests renewal of the exemption authority granted to it by the Department of Transportation to perform scheduled foreign air transportation of persons between Mumbai (Bombay) and other points in India and Los Angeles, California via Singapore and Taipei, pursuant to a code-share agreement with Singapore Airlines. Air-India's current exemption authority expires on April 8, 2000. Air-India requests that this exemption be renewed for at least an additional one-year period under its existing terms and conditions. Air-India relies on the provisions of the Administrative Procedure Act and Part 377 of the Department's Procedural Regulations to continue its existing exemption in effect pending a final decision on this renewal request. Under authority of its current foreign air carrier permit, Air-India is authorized to provide service between New York and India via intermediate points. Pursuant to exemption authority issued by the Department, Air-India also provides service to Chicago via intermediate points. Under its code-share agreement with Singapore Airlines, Air-India purchases from Singapore Airlines and sells in its name a limited number of seats on Singapore Airlines' flights operating between Los Angeles and Singapore. These flights connect in Singapore with Air-India flights to various points in India. Air-India does not utilize its own aircraft or crews to operate any of the Los Angeles-Singapore flights; nor does Air-India use any of these Los Angeles-Singapore seats to gain access to U. S. fifth freedom markets. All flights are performed entirely with modem B-747 aircraft that meet all applicable noise requirements.
Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
Air Nevada Airlines, Inc. d/b/a Pacific Wings
| OST-00-6773 | April 5, 2000 | 
Re: EAS Eligibility of Kalauppa, Hawaii
|
Essential Air Service at Kalaupapa, Hawaii |
| Service List |
The right of Pacific Wings to terminate its mandated essential air service to Kalaupapa unilaterally and without prior authorization by the Department by giving 30 days notice to the Department and the community of its intent to terminate that service is no longer applicable. Since Kalaupapa is now defined as an "eligible place", the continuation and termination of subsidized essential air service at Kalaupapa is now governed by the mandatory notice and authorization requirements of Section 41734, and, in particular, the requirement that such service may not be terminated unless and until another air carrier is providing the mandated level of essential air service at the community "on a continuing basis" (Section 41734(c)). Although the foregoing amendments are now effective as a matter of law, based on enactment of the AIR-21 Act, the State of Hawaii believes that it is appropriate and desirable for the Department to provide official notice of the revised status of Kalaupapa under the Essential Air Service Program to the community of Kalaupapa, the U.S. National Park Service and Pacific Wings. To accomplish that purpose, Hawaii respectfully requests the Department to issue an Order amending Order 2000-2-24 as soon as possible.
Counsel: Shaw Pittman, Nathaniel Breed, 202.663.8078
| OST-00-7198 | April 5, 2000 | Application
for Exemption
|
Chicago O'Hare- Columbus, Ohio and Las Vegas, Nevada |
| Exhibits: Schedule, Fare, Routes | |||
| Service List |
America West requests three exemption slots to add two daily round-trip flights to the one flight it currently operates between O'Hare and Las Vegas. It requests eight exemption slots, to initiate five daily flights between O'Hare and Columbus. America West proposes to commence service with these slots within 45 days of their allocation, operating the slots for Las Vegas service with 150-seat Airbus A320s and the slots for Columbus service with 50-seat Canadair Regional Jets.
Counsel: Baker Hostetler, Joanne Young, 202.861.1532
| OST-00-7191 | April 5, 2000 | Application for Exemption and Route Integration |
U.S.- Vietnam |
| Service List |
Hereby applies for an exemption authorizing foreign air transportation of persons, property, and mail between points in the United States and points in Vietnam, with the right to integrate such authority with American's certificates of public convenience and necessity and other exemptions. Such authority will be used to implement a proposed codesharing arrangement between American and Swissair, described in American's accompanying application for U.S.-Vietnam codeshare opportunity and allocation frequencies, under which American will serve the U.S.-Vietnam market by placing the "AA" designator code on Swissair's flights from Zurich to Ho Chi Minh City, Vietnam.
Counsel: Carl Nelson, Jr., 202 496 5647, carl_nelson@amrcorp.com
| OST-00-7192 | April 5, 2000 | Application for Code-Share Opportunities and Frequency
Allocation |
U.S.- Vietnam Code-Share w/ Swissair |
| Service List |
Under the Memorandum of Discussions signed by the Governments of the United States and Vietnam on March 3, 2000, three U.S. carriers may be authorized to offer codesharing services to points in Vietnam in conjunction with third-country carriers. U.S. carriers may offer a total of 21 weekly frequencies under such arrangements. Swissair operates between Zurich and Ho Chi Minh City, Vietnam three days a week via Singapore. American proposes to place the "AA" designator code on Swissair's Zurich-Ho Chi Minh City flights in order to carry U.S.-Vietnam passengers connecting at Zurich from American's and Swissair's U.S. gateways (Atlanta, Boston, Chicago, Dallas/Ft. Worth, Miami, Los Angeles, New York (JFK), Newark, San Francisco, and Washington).
American and Swissair hold blanket statements of authorization under 14 CFR Part 212 to engage in reciprocal codesharing services, and are authorized to add new codesharing services subject to a 30-day notice requirement. See Department Action, OST-99-5944, November 2, 1999. Swissair will separately submit the required 30-day notice in OST-99-5944.
Counsel: Carl Nelson, Jr., 202 496 5647, carl_nelson@amrcorp.com
American Airlines, Inc. / Continental Airlines, Inc.
| OST-99-5286 | Filed March 3, 2000 - American Filed March 15, 2000 - Continental Issued April 5, 2000 |
Notice of Action Taken |
US-Russia |
By Order 2000-1-9, the Department authorized American Airlines and Continental Airlines to conduct third-country code-share services in the U.S.-Russia market, effective January 22, 2000, with Finnair Oyj and Czech Airlines, respectively. In addition, the Department allocated American and Continental seven weekly frequencies to operate their code-share services. Those frequency awards are subject to the condition that the awards will expire automatically and the frequencies will revert to the Department for reallocation if they are not used for a period of 90 days. Under the terms of the awards, the frequencies would revert automatically to the Department on April 22, 2000, unless American and/or Continental began service by that date. The carriers state that they have been unable to secure the necessary authorizations from the Russian Federation to begin service. Accordingly, each seeks a waiver of the 90-day dormancy condition. Furthermore, each carrier, citing Department precedent,' asks that the waiver be granted on an open-ended basis.
By: Paul Gretch
American Airlines, Inc., and The TACA Group
| OST-00-7088 | April 5, 2000 | Re: Affidavits on Behalf of United Airlines |
U.S.- Central American |
| Affidavits | |||
| Service List |
American Airlines, Inc. and the TACA Group submitted the captioned joint application on March 17, 2000. Answers would have been due on April 3, 2000, but Continental Airlines, Inc. requested and received an extension of time until April 7, 2000. Nonetheless, Delta Air Lines, Inc. filed its answer and a related motion on April 3, 2000. In these circumstances, American and the TACA Group intend to file a consolidated reply to all answers and motions within seven days of April 7, 2000, or on April 18, 2000. We have advised Continental, Delta, and United Air Lines, Inc. of our intention to do so, and each has indicated its consent.
Counsel: Wilmer Cutler, Bruce Rabinovitz, 202.663.6000
American Airlines, Inc., et al, and The TACA Group Reciprocal Code-Share Services Proceeding
| OST-96-1700 | April 5, 2000 | Re: Notification of Consolidated Reply
Date |
Approval of and Antitrust Immunity for Alliance Agreement |
| Service List |
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com and Squire Sanders, Robert Papkin, 202.626.6600
| OST-00-7118 | April 5, 2000 |
Answer of The Utah and Salt lake City Parties
|
High Density Rule - Beyond Perimeter Slot Exemptions - Washington National - Salt |
| Service List |
The AIR-21 legislation passed by Congress on March 15, 2000 became formally enacted into law on April 5, 2000, and, therefore, the time deadlines for submission of DCA slot applications and answers to such applications established in AIR-21 have just now begun to run. The Utah and Salt Lake City Parties intend to submit a more comprehensive Consolidated Answer to all applications for beyond-perimeter slots at Reagan National after all applicants for such authority have filed their applications with the Department.
Counsel: Shaw Pittman, Nathaniel Breed, 202.663.8078
Delta Air Lines, Inc. / United Air Lines, Inc.
| OST-00-7078 OST-00-7085 |
April 5, 2000 | Consolidated Answer of American Airlines |
U.S.- Vietnam Code-Share |
| Service List |
Under the Memorandum of Discussions of March 3, 2000 between the Governments of the United States and Vietnam, up to three U.S. carriers may offer service between the U.S. and Vietnam, via intermediate points, through codesharing arrangements with third-country carriers. There is a limit of 21 weekly codesharing frequencies. Delta has requested one designation and seven weekly frequencies to engage in codesharing services to Vietnam with Air France via Paris, and United has requested one designation and 14 weekly frequencies to engage in such services with Thai Airways International via Bangkok. In addition, on March 27, 2000, Northwest Airlines, Inc. submitted a consolidated answer in the captioned dockets indicating an interest in codesharing to Vietnam with Malaysia Airlines via Kuala Lumpur.
The Delta, United, and American applications are seeking in excess of the 21 frequencies available under the MOD. Counting the prospective application by Northwest, these four requests are also in excess of the three available designations. Under Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (194S), the Department is required to give contemporaneous consideration to such mutually exclusive applications. The Department should grant American's application. By codesharing with Swissair via Zurich, American will achieve its first on-line access to the U.S.-Vietnam market, and will provide important competitive benefits to passengers and shippers. American opposes the applications of Delta and United (and prospectively of Northwest) to the extent that they would preclude the proposed codesharing service by American and Swissair, via Zurich, between the U.S. and Vietnam
Counsel: Carl Nelson, Jr., 202 496 5647, carl_nelson@amrcorp.com
Executive Airlines, Inc. d/b/a American Eagle
| OST-96-1587 | Filed April 3, 2000 Docketed April 5, 2000 |
Motion for Confidential Treatment Under Rule 12 |
Form 41, Schedule B-43 |
Counsel: Carl Nelson, Jr., 202 496 5647, carl_nelson@amrcorp.com
| OST-00-7190 | April 5, 2000 | Application for Emergency Exemption |
Denver, Colorado- Cape Canaveral, Florida |
| Re: Lockheed Martin Request for Exemption |
This application is filed because the charterer, Lockheed Martin Astronautics of Littleton, Colorado (Lockheed Martin), urgently requires the air delivery from Denver to Cape Canaveral of an oversized Atlas and Centaur launch vehicle for arrival at the Kennedy Space Center on May 4, 2000.
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
| OST-00-7195 | April 5, 2000 | Application for Emergency Exemption |
Dallas, Texas- San Francisco International |
| Service List |
This emergency application is filed on short notice to seek approval for Volga Dnepr's cabotage transportation of a replacemen Boeing 777 engine (one Trent 800 aircraft engine) for American Airlines from Dallas, Tom to San Francisco, California to replace an unserviceable engine on an aircraft grounded in San Francisco.
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
Malaysia Airlines and Northwest Airlines, Inc.
| OST-00-6792 | April 5, 2000 | Amendment No. 1 to Application |
U.S.- Malaysia |
| Attachment A: Amendment 1 | |||
| Service List |
Northwest intends to utilize the third-country Vietnam service opportunity on a codeshare basis under its Commercial Cooperation Agreement with MAS. The Commercial Cooperation Agreement encompasses codesharing on MAS flights beyond Malaysia to points in third countries. Under the arrangement, MAS would carry Northwest's designator code on flights operated by MAS between Hanoi and Ho Chi Minh City, on the one hand, and Kuala Lumpur, on the other, connecting with Northwest service from Detroit and MAS service from Los Angeles.
Northwest hereby applies for one of the three available third-country codeshare designations and an allocation of six weekly roundtrip frequencies to serve the U.S.-Vietnam market. Northwest requests that the Department select Ho Chi Minh City and Hanoi as two of the three Vietnamese points that U.S. carriers may serve on a third-country codeshare basis and hereby applies for an exemption pursuant to 49 U.S.C. § 40109 to engage in the services described in this application. Northwest intends to offer codeshare service on flights operated by Malaysia Airlines between Malaysia and Vietnam connecting with Northwest and MAS service from the United States. Initially, Northwest plans to codeshare on four weekly roundtrip flights operated by MAS between Ho Chi Minh City and Kuala Lumpur and two weekly roundtrip flights between Hanoi and Kuala Lumpur, connecting with Northwest flights between Kuala Lumpur and Detroit and MAS flights (on which Northwest will also codeshare) between Kuala Lumpur and Los Angeles. On January 13, 2000, Northwest and MAS filed a Joint Application under 14 C.F.R. Part 212, which is pending, for blanket statements of authorization to engage in codeshare services. Docket OST-2000-6792.
Counsel: Zuckert Scoutt, Charles Simpson, 202.298.8660 and Northwest, Megan Rae Rosia, 202.842.
Midwest Express Airlines, Inc.
| OST-00-7187 OST-00-7189 |
April 5, 2000 | Applications
for Exemption
|
Des Moines/Kansas City- Washington National |
| Exhibits: Flight Schedule, Letters in Support | |||
| Service List |
Counsel; Silverberg Goldman, Robert Silverberg, 202.944.3300
| OST-00-7188 | April 5, 2000 | Application
for Exemption
|
Des Moines/Indianapolis/Kansas City/Milwaukee/New York; LaGuardia |
| Attachment: Flight Schedule; | |||
| Service List |
Counsel; Silverberg Goldman, Robert Silverberg, 202.944.3300
| OST-00-7196 | April 5, 2000 | Application Third-Party Code-Share and Allocation of
Frequencies |
U.S.- Vietnam |
| Service List |
Counsel: Northwest, Megan Rae Rosia, 202.842.3193
TIE Aviation, Inc. d/b/a Trans International Express
| OST-00-7197 | April 5, 2000 | Application
for Exemption |
Mail Services, JFK/Miami |
| Service List |
Enable Tie to place its designator code on flights operated by foreign air carriers for the foreign air transportation of mail. Tie requests that this exemption remain in effect until its certificate application to engage in foreign charter air transportation is approved. Tie Aviation is a Part 298 commuter carrier with its principal base at JFK International Airport. In December 1997 Tie entered into a code share arrangement with El Al Israel Airlines for the sole purpose of foreign transportation of mail and transported mail for the U.S. Postal Service.
In the spring and early summer of 1998 an issue arose regarding whether Tie had adequate authority to engage in the mail only code share, and officials from Tie discussed this matter with the Department. On July 22, 1998 the Department's Office of International Aviation sent a letter to Tie, which stated that Tie held all the "necessary regulatory authority from the Department of Transportation to operate code-share authority for the transportation of mail." Based on this letter Tie continued and expanded this program with several other carriers including providing service through a facility in Miami. Tie provided a valuable service to the Postal Service, which lacked sufficient capacity in certain markets, and by expediting delivery in certain markets including improving mail service to troops stationed in the Middle East. The service through Tie was also less costly to the Postal Service than contracting directly with foreign airlines. The Postal Service has been pleased with the quality of Tie's service. The Postal Service provided important revenues to Tie to support its passenger service operations. Late last year the Department reviewed its earlier decision and concluded that Tie did not have all the necessary authority to conduct this service because 14 C.F.R. § 298(a)(1) prohibits an air taxi from indirectly holding out service on large aircraft and Tie verbally requested consideration of a waiver. On February 25, 2000, Tie terminated its mail code share service.
On March 31, 2000 Tie filed an application under 49 U.S.C. § 41102 for a certificate to conduct charter foreign air transportation. For the pendency of this application Tie requests an exemption to resume its mail code share services. The proposed code share is clearly in the public interest.
Counsel: Baker & Hostetler LLP, David Kirsten for TIE, 202.861.1532
| OST-97-3034 | Filed March 8, 2000 Issued April 5, 2000 |
Notice of Action Taken |
Pittsburgh-Paris |
By: Paul Gretch
Virgin Atlantic Airways Limited
| Order 00-4-4 OST-00-6952 |
Issued April 5, 2000 Served April 5, 2000 |
Order Granting Exemption
|
High Density Rule - Chicago O'Hare Summer Slots |
We will grant Virgin Atlantic two exemptions to enable it to perform one scheduled flight arrival and one departure per day at O'Hare in the London Heathrow-Chicago O'Hare market during period April 17, 2000, through October 28, 2000. We find that grant of this exemption authority is consistent with the public interest and with the objectives of the U.S.-United Kingdom bilateral air services agreement, which contemplates reasonable access to the market for carriers of either nation. We also affirm our earlier finding in Order 99-8-6 that while U.S. carrier access at foreign airports is a relevant factor in our consideration of foreign carrier slot exemption requests at U.S. slot-controlled airports, we do not agree that TWA, United, or US Airways has been denied corresponding access at the London airports. We again note that while the U.S. and U.K. slot regimes and procedures differ, no party has provided evidence that the U.K. government has treated U.S. carriers in a discriminatory manner with respect to slot allocation at Heathrow airport contrary to the provisions of Bermuda 2. Absent such evidence, we do not find. as the opposing parties argue, that U.S. flag carriers suffer a lack of reciprocity that would cause us to disapprove this exemption request.
In reaching our decision, we recognize that Virgin Atlantic filed a timely request with the FAA for these additional slots, and that due to hourly constraints the FAA has not been able to accommodate the applicant's request within the requested time frames. Moreover, we note that aviation relations with United Kingdom are governed by the U.S.-U. K. Air Services Agreement, which provides for the proposed London-Chicago service, and Virgin Atlantic has been properly authorized by its government to provide scheduled foreign air transportation in the London-Chicago market.
By: Bradley Mims
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