OST Docket Filings for January 15, 2004
Updated:
| Applications and Renewals:
Delta/ASA/ComAir and Alitalia/Alitalia Express - Codeshare Notice Ethiopian Airlines - Renewals Gemini - US-Colombia (Amended Certificate of Service) Hawaiian Airlines - Honolulu-Sydney Polynesian -Renewals Answers and Replies: EAS at Alaska Communities - Letters in Support of Alaska Airlines EAS at Montana Communities - Letters in Support of Big Sky Airlines Notices of Action Taken: American - Poland Codeshare with Swiss Renewal Volga Dnepr - North Island-Denver / Philadephia-Moffett Field Notices and Orders: Aerolineas Argentinas - Order Denying Aerolineas Argentinas' Motion Atlantic Coast Jet - Revoking Certificate |
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Order 04-1-15 Issued and Served January 15, 2004 We have reviewed the submissions of the Government of Argentina, Aerolineas, and responses by the Joint Complainants and have decided to deny the carrier’s request for a stay of this proceeding. The record indicates that Aerolineas is in fact seeking reversal of the very Argentine court orders that the carrier relies on as a basis for requesting a stay of our proceedings. Furthermore, we have been advised through diplomatic channels that, notwithstanding the Argentine court orders cited to us by the carrier, Aerolineas has yet to pay the Buenos Aires airport fees as evidently ordered by the Argentine court. Against this background, we deny the request of Aerolineas for a stay of this proceeding and direct Aerolineas to comply fully with Order 2003-11-26. We have reviewed the escrow agreement originally filed on December 8 and the modification of that agreement as filed on December 19, 2003. We have decided to approve the agreement as modified. In accordance with the Terms and Conditions for Escrow Payment appended to Order 2003-11-26, Aerolineas is required within 10 days from the date of this order to begin paying into the U.S. escrow account. Aerolineas shall also provide summaries of its operations and payments into the escrow account as set forth in the Appendix to Order 2003-11-26. Failure to comply with this order or any other Department order will subject Aerolineas to enforcement action, which could include, among other things, the assessment of civil penalties. By: Karan Bhatia OST-98-3376 - US-Poland Codeshare with Swiss Filed December 1, 2003 | Issued January 15, 2004 Scheduled foreign air transportation of persons, property, and mail between any point in the United States and any point in Poland, consistent with the U.S.-Poland open skies agreement. American states that it uses the authority for code-share operations with British Airways and with Swiss Air International Air Lines d/b/a Swiss. By: Paul Gretch Atlantic Coast Jet, LLC d/b/a Delta Connection Order 2004-1-14 Issued and Served January 15, 2004 Order Revoking Certificate | Word By: Randall Bennett Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc. and ComAir, Inc. and Alitalia-Linee Aeree Italiane-Sp.p.A. and Alitalia Express S.p.A. OST-01-10417 - Blanket Statements of Authorization (US-Italy Open Skies Codesharing) January 15, 2004 30-Day Notice of Delta Air Lines and Alitalia Pursuant to the blanket statement of authorization approved by Department Action on Application in the above‑captioned docket (October 26, 2001), Delta and Alitalia hereby notify the Department of additional Alitalia operated codeshare services. Beginning or about May 1, 2004, Alitalia plans to display Delta's code on the Milan (MXP) ‑ Washington (lAD) route. In addition, the carriers may also codeshare on Delta flights to previously authorized service points beyond/behind the new Washington gateway. Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660 for Alitalia / Delta and Shaw Pittman, Robert Cohn, 202-663-8060 Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and Yakutat, Alaska Letters in Support: Essential Air Service at Glasgow, Glendive, Havre, Lewistown, Miles City, Sidney and Wolf Point, Montana January 14, 2004 Re: Letter in Support of Big Sky Airlines By: C.A. "Butch" Grenz, Mayor
January 15, 2004 Re: Letter from Governor's EAS Task Force in Support of Big Sky Airlines By: State of Montana, John Rabenberg OST-98-3726 - Exemption - Addis Ababa, Ethiopia-Washington, D.C. January 15, 2004 Application for Renewal of Exemption Authority Hereby applies for renewal of the exemption authority last granted by Department Notice of Action Taken dated January 29, 2003. The above-referenced NOAT renewed authority for Ethiopian to engage in foreign air transportation of persons, property and mail between Addis Ababa, Ethiopia and the coterminal points Newark, New Jersey and Washington, DC via Rome, Italy (without U.S.-Rome traffic rights). Ethiopian has continued to operate scheduled combination service over the routing Addis Ababa‑Rome‑Newark‑Washington, DC since the exemption authority was granted. Ethiopian currently operates two weekly round‑trip flights over this routing with Boeing B‑767-300 aircraft. Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305 OST-99-6633 - Exemption - US-Colombia All-Cargo January 15, 2004 Amended Certificate of Service I hereby certify that on this 15th day of January 2004, a copy of the Application of Gemini Air Cargo for Renewal of Exemption, dated January 8, 2004, the Amendment to the Application, dated January 8, 2004, and this Amended Certificate of Service was served via email upon: Delta Air Lines, Inc. Mr. Robert E. Cohn Shaw Pittman 2300 N Street, N.W. Washington, D.C. 20037 Robert.Cohn@shawpittman.com Counsel: Roller & Bauer, Moffett Roller, 202-331-3300 OST-04-16923 - Exemption - Honolulu-Sydney January 15, 2004 Application for an Exemption | Word Hereby requests the Department of Transportation pursuant to 49 U.S.C. Sec. 40109 and Subpart C of the Rules of Practice to issue an Order granting it exemption authority and designate Hawaiian to the Australian government to operate combination service between Honolulu, Hawaii on the one hand and Sydney, Australia on the other and points behind the gateway in Australia, for a period of at least two (2) years or longer. Hawaiian proposes to operate four (4) frequencies a week using Boeing 767‑300 ER aircraft with a fleet average of 260 seats (18 "J" class seats and 242 "Y" class seats). Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com OST-95-791 - Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti January 15, 2004 Applicationf or Renwal of Exemptions hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above‑captioned dockets permitting Polynesian to perform scheduled foreign air transportation between:
Polynesian also requests renewal of its exemption in Docket OST-2002-11657 permitting it to operate charter flights pursuant to Part 212 of the Department's regulations. Polynesian also holds in this docket a statement of authorization of indefinite duration permitting it to display the designator code of Royal Tongan Airlines on Polynesian's scheduled flights between Tonga and Honolulu operated via Apia. Polynesian currently operates frequent daily flights between (i) Apia, Samoa and Pago Pago, American Samoa; and (ii) Maota, Samoa and Pago Pago, American Samoa utilizing Twin Otter aircraft. Polynesian also provides scheduled service between Apia and Honolulu with service to Tonga and Auckland. These flights are operated weekly with Polynesian's B737-800 aircraft and crews. Counsel: Squire Sanders, Charles donely, 202-626-6840, cdonely@ssd.com Volga-Dnepr J.S. Cargo Airline
OST-04-16910 - North Island-Denver Filed January 13, 2004 | Issued January 15, 2004 Exemption from 49 U.S.C. section 40109(g) to permit the applicant to operate, on behalf of Lockheed Martin, two, one‑way cargo charter flights from North Island NAS, California, to Denver, Colorado, during the period January 20‑22, 2004, using its AN‑124‑100 aircraft. On the first of these two flights, Volga‑Dnepr plans to carry one Lockheed Martin Aeronautics Atlas III Booster Launch Vehicle, and, on the second flight, one Lockheed Martin Aeronautics Centaur III Upper Stage. The applicant stated that Lockheed Martin needs prompt shipment of this cargo to Denver to meet an extremely tight final assembly and test schedule, that the cargo is too large for transportation on U.S.‑carrier aircraft; and that surface transportation is not feasible because of the delicate nature and high value of the cargo, and conditions unsuitable to maintaining system integrity compliance. By: Paul Gretch
OST-03-16803 - Philadelphia-Moffett Field Amendment Filed January 14, 2004 | issued January 15, 2004 Amend exemption from 49 U.S.C. section 40109(g), granted December 31, 2003, and amended January 14, 2004, permitting the applicant to operate a one‑way, cargo charter flight from Philadelphia to Moffet Field, using its AN‑124‑100 aircraft, carrying a Lockheed Martin Space Systems satellite, to extend the effectiveness of that authority through January 20, 2004. The applicant stated that Lockheed Martin needed to extend the carriage date due to a production delay. On December 31, 2003, we granted (see NOAT issued on that date in this Docket) Volga-Dnepr's request to operate its proposed one-way flights from Philadelphia to Moffet Field, through January 11, 2004. In taking that action, we found that its request met all the relevant criteria of 49 U.S.C. section 40109(g) for the grant of an exemption of this type and that the grant was required in the public interest. On January 15, 2004, we granted Volga-Dnepr's request to operate that flight through January 16, 2004. In its second amendment (filed January 14, 2004), Volga-Dnepr asserts that Lockheed needs to extend the shipping date through January 20, 2004, because of the production delay. Under the circumstances, we again find that this request to extend again the duration of the authority continues to meet all the relevant statutory criteria warranting grant. Thus, we are granting Volga-Dnepr's request to conduct this one flight through January 20, 2004. Moreover, based on the representations of the U.S. carriers, we continue to conclude that no U.S. carrier has aircraft available that could be used to conduct the operation at issue here. We also found that grant of this authority, as extended, would prevent unreasonable hardship to Lockheed Martin Space Systems, and that the applicant continues to be qualified to perform its proposed operation. By: Paul Gretch |
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