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OST Docket Filings for January 20, 2004

Updated: 2/5/04 | 8:00 AM

Applications and Renewals:

American and SN Brussels - Notice of SN Brussels of Additional Codesharing

Continental - Ecuador Combination Frequencies

Continental and EVA - Mail Codeshare Renewal

Kalitta Air - Emergency Exemption (US-Libya Cargo Charters - One Charter Flight)

Northwest Airlines - Complaint of EPIC (Passenger Data)

Answers and Replies:

Daystar Airways - Response to DOT Letter

EAS at Alaska Communities - Letter in Support at Alaska Airlines

EAS at Wolf Point, MT - Letter in Support of Big Sky

Notices of Action Taken:

American - South America Renewals

United - South America Renewals

Notices and Orders:

EAS at CO, NE & WY Communities - Setting Final Rates

EAS at Lebanon, NH - Extending Service Obligation

EAS at Merced, CA - Requesting Proposals

EAS at Salina, KS - Extending Service Obligation




American Airlines, Inc.

OST-96-1353 - Exemption - Broad US-Brazil Authority
OST-97-2419 - Exemption - US-Brazil and Route Integration

Filed December 22, 2003 | Issued January 20, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, via intermediate points, and Belem, Belo Horizonte, Brasilia, Manaus, Porto Alegre, Recife, Rio de Janeiro, Salvador, and Sao Paulo, Brazil, and beyond Brazil to Argentina, Chile, Paraguay, and Uruguay.

Scheduled foreign air transportation of persons, property, and mail on a code-share basis only between a point or points in the United States and Cuiaba, Curitiba, Florianopolis, Fortaleza, Foz do Iguacu, Goiania, Joinville, Natal, Navegantes, Parana, Porto Velho, Ribeirao Preto, Sao Luis, Teresina, Vilhena, and Vitoria, Brazil and the right to integrate such authority with its U.S.-South American (Route 389) and other U.S.-Brazil exemption authority, for purposes of a code-sharing arrangement between American and TAM-Linhas Aereas, S.A.

By: Paul Gretch

Index


American Airlines, Inc. and Delta Air Transport N.V. d/b/a SN Brussels Airlines

OST-03-14629 - Statement of Authorization (Blanket Codesharing) and Related Exemption - US-Belgium

January 20, 2004

Notice of SN Brussels of Additional Codesharing Services

SN Brussels will display American's "AA" designator code on flights operated by SN Brussels between Brussels (BRU) and the following point: Forli (FRL).

Counsel: Condon & Forsyth, Thomas Whalen, 202-289-0500

Index


Continental Airlines, Inc.

OST-04-16941 - Ecuador Combination Frequencies

January 20, 2004

Application for Ecuador Combination Frequencies

Continental applies for allocation of seven of the 22 weekly Ecuador combination frequencies available for service between Ecuador and U.S. points other than Miami and New York so it can provide seven additional weekly flights between Houston and Ecuador. Continental plans to institute daily, nonstop roundtrip flights between Houston and Quito and between Houston and Guayaquil on June 10, 2004 pursuant to the authority Continental holds on Segment 14 of its certificate for Route 29-F. Continental's new service will require a total of 14 U.S.-Ecuador frequencies, and Continental currently holds seven of the 22 U.S.-Ecuador frequencies available for Ecuador. Thus, Continental requires seven additional frequencies to institute its proposed service. Since only seven of the 22 U.S.-Ecuador frequencies available for service at U.S. points other than Miami and New York are currently utilized,  frequencies will remain available for other airlines after Continental receives the additional allocation it requests.

Continental currently operates a daily Houston‑ Quito‑Guayaquil­ Houston flight. Continental's operation of a daily Houston‑Quito‑Houston flight and a daily Houston‑ Guayaquil‑Houston flight will provide greater convenience to Houston‑Ecuador passengers by eliminating an intermediate stop in one direction for both Quito and Guayaquil passengers. For the same reason, connections at Houston between Ecuador and points throughout Continental's Houston hub network will become more convenient as well. Since Continental's enhanced service will provide substantial public benefits, Continental urges the Department to act on this application promptly so Continental can commence securing appropriate authority in Ecuador and advertising and selling its new flights well in advance of their start‑up date.

Continental has been awarded a total of 10.5 weekly U.S.‑Ecuador frequencies for points other than Miami and New York, but it now holds only seven as a result of dormancies.

Counsel: Continental and Crowell & Moring, Bruce keiner, 202-624-2615

Index


Continental Airlines, Inc. and EVA Airways Corporation

OST-02-11460 - US-Taiwan Mail Codeshare

January 20, 2004

Application for Exemption Renewal

Continental's ability to place its CO* code for mail on EVA flights between (a) Taiwan and points in the United States, via intermediate points; (b) between points within Taiwan; and (c) between points in Taiwan and points in third countries is fully consistent with the Air Transport Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office.

Counsel: Continental and Crowell & Moring, Bruce keiner, 202-624-2615

Index


Daystar Airways Ltd.

OST-99-5062 - Certificate - Interstate Scheduled Air Transportation

January 8, 2004

Re: Response to DOT Letter | Word

On April 04, 2003, Daystar settled with the Federal Aviation Administration (FAA) on the Emergency Order of Revocation issued on March 7, 2003 and the Order was amended to an Emergency Order of Suspension until such a time that Daystar establishes a principal base of operations. The word “revocation” in the DOT letter dated December 19, 2003 should therefore be replaced with the word “suspension” in reference to the FAA order. Daystar hereby requests a 90 days extension from January 22,2004 to April 22, 2004 to file for fitness determination with the DOT.

By: Allen Haddadi

Index


Essential Air Service at Alamosa, Colorado / Kearney, McCook, Nebraska / Pueblo, Colorado / Rock Springs, Wyoming

Order 04-1-13
OST-97-2960 - Alamosa, CO
OST-96-1715 - Kearney, NE
OST-97-3005 - McCook, NE
OST-99-6589 - Pueblo, CO
OST-97-2959 - Rock Springs, WY

Issued January 14, 2004 | Served January 20, 2004

Order Setting Final Rates

By this order, we are setting past-period and prospective subsidy rates for Great Lakes Aviation's provision of essential air service at the five communities listed above in two steps. First, we are setting rates retroactive to October 1, 2001, through the ends of the various contract periods, adjusting for the effects of the September 11 terrorist attacks. Second, we are setting rates from the end of those respective contract periods until further Department action.

By: Karan Bhatia

Index


Essential Air Service at Cordova, Alaska

OST-98-4899

December 19, 2003

Re: Continuation of Alaska Airlines EAS Service at Cordova, Alaska

This letter is to express strong support for Alaska Airlines being selected to continue to provide essential air service using jet aircraft to the Community of Cordova, Alaska.

By: Edgar Blatchford, Alaska Department of Community and Economic Development

Index


Essential Air Service at Glasgow, Glendive, Havre, Lewistown, Miles City, Sidney, and Wolf Point, Montana

OST-97-2605

January 16, 2004

Re: Letter From City Of Wolf Point in Support of Big Sky Airlines

After meeting with the Wolf Point City Council Airport Committee, it is their recommendation to stay with Big Sky Airlines in providing scheduled air service under the essential air service program.

By: Matt Golik

Index


Essential Air Service at Lebanon, New Hampshire

Order 04-1-12
OST-03-14822

Issued January 13, 2004 | Served January 16, 2004

Order Extending Service Obligation

This case will not be completed by the end of the current hold‑in period. Therefore, in accordance with 49 U.S.C. 41734(c), we will extend Colgan's service obligation at Lebanon for an additional 30 days, or until reliable replacement service actually begins, whichever occurs first.

By: Randall Bennett

Index


Essential Air Service at Merced, California

Order 04-1-9
OST-98-3521

Issued January 13, 2004 | Served January 16, 2004

Order Requesting Proposals

By this order, the Department is requesting proposals from carriers interested in providing essential air service at Merced, California, for a new two‑year period, with or without subsidy. The order reflects new, streamlined procedures for processing such proposals.

By Order 2001‑10‑9, October 18, 2001, the Department selected Eagle Canyon Airlines, Inc., dlb/a Scenic Airlines, to provide subsidized essential air service at Merced, California, through October 31, 2003. Under that order, Scenic operates 14 nonstop round trips a week with 19‑seat Beech 1900 aircraft. In response to the terrorist attacks, many subsidized carriers were faced with less revenue yet were not allowed to reduce service.' Because of this, the Department issued Order 2002‑5‑20, May 18, 2002, which increased all essential air service subsidy rates across the board, including Scenic's rate, on a retroactive basis. Under the terms of that order, Scenic's rates were adjusted upward to $1,031,224 for the first year and $844,479 for the second year.

Scenic Airlines inaugurated service to Merced on November 1, 2001, in response to our selection. During the year ended October 2003, the most recent 12‑month period for which traffic data are available, Merced averaged 21 passenger enplanements per day.

By: Karan Bhatia

Index


Essential Air Service at Salina, Kansas

Order 04-1-11
OST-02-11376

Issued January 13, 2004 | Served January 16, 2004

Order Extending Service Obligation

Air Midwest is eligible for compensation for its forced service. By Order 2003-8-23, August 21, 2003, the Department set annual subsidy rates to be paid while the carrier-selection case is processed. The carrier will be paid $321,968 for a mixture of two and three daily onestop round trips to Kansas City for the period of April 24, 2002, through March 31, 2003; and, $536,237 for three daily one-stop round trips to Kansas City, until further Department action. All service is to be provided using 19-seat Beech 1900D aircraft. This case will not be completed before the end of the current 30-day hold-in period. Therefore, in accordance with 49 U.S.C. 41734(c), we will extend Air Midwest's service obligation at Salina for an additional 30 days, or until replacement service actually begins, whichever occurs first.

By: Randall Bennett

Index


Kalitta Air, LLC

OST-04-16935 - Emergency Exemption - US-Libya Cargo Charters

January 20, 2004

Application for an Emergency Exemption

Hereby requests an exemption from the terms of DOT Order 86-2-23, and such other relief as may be necessary to permit it to operate one round-trip cargo charter flight between the United States and the Libyan Arab Republican January 19-20, 2004 on behalf of the State Department's Bureau of Nonproliferation.

On January 16, 2004, Kalitta Air was contracted, through a broker, Tailwinds International, by the Department of State's Bureau of Nonproliferation (Office of Nonproliferation and Disarmament Fund) to operate an urgent cargo charter flight, beginning on January 19, between Washington, D.C. (Dulles International Airport) and Tripoli, Libya, to carry 50,000 pounds of empty containers belonging to the Department of Energy, designed to transport nuclear materials. The shipment is to be accompanied by eight cargo attendants. The return flight to Washington will carry documents and three returning cargo attendants.

The purpose of the flight is to facilitate efforts by the Libyan government to turn over its nuclear weapons materials to the United States.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513

Index


Northwest Airlines, Inc.

OST-04-16939 - Passenger Screening Data

January 20, 2004

Complaint and Request for Investigation, Injunction, and for Other Relief

This complaint concerns the privacy practices of Northwest Airlines, Inc.  As set forth in detail below, NWA has engaged in an unfair and deceptive practice by disclosing consumer personal information to the National Aeronautics and Space Administration, in violation of 49 U.S.C. § 41712.

NWA engaged in this activity without the knowledge or consent of the affected consumers, and in contravention of public assurances that the personal information it collects would not be shared with third parties without individuals' Consent. The compelling public interest in this case requires the Secretary of Transportation to investigate NWA's practices, to enjoin NWA from continuing the practice, and to provide such remedies as the Secretary deems appropriate.

Exhibits

By: EPIC, Marc Rotenberg

Index


United Air Lines, Inc.

OST-96-1346 - Exemption - U.S.-Brazil Frequency Allocation
OST-97-2358 - Exemption/Statement of Authorization - US-Brazil

Filed December 29, 2003 | Issued January 20, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, via intermediate points, and Manaus, Brasilia, Rio de Janeiro, Sao Paulo, Recife, Porto Alegre, Belem, Belo Horizonte, and Salvador, Brazil, and beyond Brazil to Argentina, Uruguay, Paraguay, and Chile.

Scheduled foreign air transportation of persons, property, and mail on a code-share basis only between a point or points in the United States and Campo Grande, Curitiba, Fortaleza, Florianopolis, Iguacu, Sao Luiz, Joao Pessoa, Natal, Maceio, and Cuiaba, Brazil, and to serve these Brazilian points on a co-terminal basis with the other Brazilian points United is authorized to serve pursuant to its exemption authority in Docket OST-96-1346.

By: Paul Gretch

Index


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