OST Docket Filings for January 29, 2004
Updated:
| Applications and Renewals:
Aero Laguna - Mexican Taxi Renewal Aloha - US-Canada Renewal American - US-Bangladesh/Zambia Codeshare with British Airways American and British Airways - 30-Day Notice (Miami-Montego Bay) / Notice of BA Japan Asia Airways - Nagoya-Guam/Saipan Renewal USA 3000 - Erratum - US-Mexico Scheduled Answers and Replies: Aerolineas Argentinas - Letter from Paul Gretch to Counsel Avianca - Codeshare Renewal - Reliance on 14 CFR 377 Mesa - Not Operating as Frontier Jet Express Special Rules for Ronald Reagan Washington National Airport - Replies of AirTran/Frontier / Letters in Support of United's Application Notices of Action Taken: Aeromexico - Mexico City-Orlando Renewal Excel Airways - UK-US Passenger Charter Renewal Notices and Orders: American - Enforcement Proceeding - Motion for Stay Classic Limited - Consent Order |
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OST-99-5900 - Mexico-US Charter Air Transportation January 29, 2004 Application for Renewal of Exemption Counsel: Daniel Elizondo, 210-927-2581 OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act Re: Letter from Paul Gretch to Counsel for Aerolineas Argentinas During a January 26 telephone call with Dayton Lehman, Deputy Assistant General Counsel for Aviation Enforcement and Proceedings, you sought clarification of what was required to be submitted in view of the fact that Aerolineas had not as of that date received an invoice for the prior week's flights. You indicated that the carrier was able only to estimate, based on prior invoices received, the total amount it owed and that it would, for good measure, deposit into the escrow account an amount in excess of its estimate. Mr. Lehman suggested that this would be acceptable if, with the carrier's submission, it explained the basis for its estimate and that an amended summary would be provided after receipt of the invoice, which amended summary would reconcile any difference between the estimated amount and that actually owed. The carrier not only failed to provide in its submission a day-to-day account of its U.S.- Argentina operations and the basis for the amount of money deposited into the escrow, but it failed even to state the amount of money deposited into that account. By: Paul Gretch Aerovias de Mexico, S.A. de C.V. OST-98-4482 - Mexico City-Orlando Filed January 5, 2004 | Issued January 29, 2004 Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between Mexico City, Mexico, and Orlando, Florida. By: Paul Gretch Aerovias Nacionales de Colombia, S.A. (AVIANCA) OST-02-14057 - Colombia-US Codeshare with Delta Air Lines January 28, 2004 Avianca relies on 14 CFR 377 as continuing it exemption authority pending final action by the Department on the above-referenced renewal application. Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660 OST-02-12077 - Exemption - US-Canada January 29, 2004 Application for Renewal of Exemption Aloha’s services between Honolulu and Vancouver remain the only U.S.-carrier operated service in that market and will continue to provide a competitive alternative to services offered by Air Canada, Air Pacific and, through their codeshare with Air Canada, Air New Zealand and United. Aloha continues to successfully operate scheduled service among various island points within Hawaii and to foreign points in the South Pacific. Aloha also serves the U.S. mainland, with flights to Burbank, Las Vegas, Los Angeles (John Wayne), Oakland, Phoenix, Reno, and Sacramento. Aloha’s extended-range combination services to U.S. mainland and Pacific points outside the Hawaiian Islands have enabled it to diversify and broaden its revenue base, while at the same time maximizing use of its fleet. The efficient use of its fleet, in turn, has benefited its interisland operations. These interisland operations will continue to make up Aloha’s core market. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com OST-04-17002 - Exemption - US-Bangladesh/Zambia Codeshare with British Airways January 29, 2004 Hereby applies for an exemp-tion under 49 USC 40109 authorizing foreign air transportation of persons, property, and mail (1) between points in the United States and points in Bangladesh, and (2) between points in the United States and points in Zambia, with the right to integrate such authority with American's certificates of public convenience and necessity and other exemptions. American will use the requested authority to serve the U.S.-Bangladesh and U.S.Zambia markets, effective March 10, 2004, under its codeshare arrangement with British Airways Plc. British Airways operates service between London Heathrow and Dhaka, Bangladesh and between London Heathrow and Lusaka, Zambia. There are currently no bilateral agreements between the United States and either Bangladesh or Zambia. American's application should be granted on the basis of comity and reciprocity. Delta Air Lines presently codeshares to Lusaka on flights operated by South African Airways via Johannesburg (DL*/DL*). There is presently no U.S. carrier codeshare service to Dhaka. American's proposed service will constitute our first on‑line access to Bangladesh and Zambia, and will provide additional competition in these markets, with expanded options for the traveling and shipping public. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-03-15046 - Violations of 49 USC 40127, 41310, 41702 and 41712 (Enforcement Proceeding) January 29, 2004 Motion for Stay of Proceedings The Office of Assistant General Counsel for Aviation Enforcement and Proceedings pursuant to 14 CFR § 302.11, respectfully requests a 30-day stay of the procedural dates in the captioned proceeding. In support of this motion, the Enforcement Office states as follows. The parties are engaged in negotiations that are likely to result in a settlement. The requested stay will permit the Enforcement Office and American Airlines Inc. to focus on concluding these negotiations, reducing their agreement to writing and submitting a final product for Your Honor's approval in compliance with 14 CFR § 302.4 17. Grant of the requested stay is in the public interest because, among other things, settlement of the proceeding will conserve the scarce resources of the parties and the Office of Hearings. The Enforcement Office has conferred with American, which does not object to this motion. For these reasons, the Enforcement Office respectfully requests a 30-day stay of the above-captioned proceeding. By: Samuel Podberesky American Airlines, Inc. and British Airways Plc OST-02-13861 - US-UK - Statements of Authorization and Related Exemption Authority
January 29, 2004 30-Day Notice of American Airlines (Miami-Montego Bay, Jamaica) Effective no sooner than 30 days from the date of this notice, the "BA*I' code will be displayed on flights operated by American between Miami and Montego Bay, Jamaica. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
January 29, 2004 Hereby notifies the Department that it intends to place American's designator code on flights operated by British Airways between London and: Lamaca, Cyprus; Belgrade, Serbia; Lusaka, Zambia; Riga, Latvia; Islamabad, Pakistan; Sofia, Bulgaria; Riyadh, Saudi Arabia; Jeddah, Saudi Arabia; Dhaka, Bangladesh; Turin, Italy. Counsel: Garofalo Goerlich, Don Hainbach, 202-776-3970 Order 04-1-23 Issued and Served January 29, 2004 In August 1999, CLA began operations with a Boeing 727 and a Boeing 737-7BC, commonly known as a Boeing Business Jet (BBJ). Since then, CLA has provided air service pursuant to a significant number of contracts with a diverse range of entities, including a political campaign, a real estate development company, sports teams, rock bands, film production companies, various celebrities, and numerous charter brokers and agents.8 Service ranged from single flights to operations over several months. On the question of whether it has held out air transportation, CLA states that it neither advertised nor directly solicited business. Rather, CLA maintains that the demand for its ostensibly private carriage service was driven solely, if indirectly, by “word of mouth.” However, even assuming that the carrier did not actively solicit business, its objective conduct involved the provision of air transportation to a significant number of diverse entities and, by doing so, it engaged in a course of conduct evincing a willingness to serve members of the general public indiscriminately.9 In effect, CLA gained a reputation for a willingness to provide transportation by air to at least a class or segment of the public while operating without an effective certificate issued under 49 U.S.C. § 41101.10 In fact, so well-established was CLA’s reputation that the carrier was frequently approached by air charter brokers who specialize in arranging air transportation services for members of the general public. The Office of Aviation Enforcement and Proceedings (Enforcement Office), therefore, believes that CLA has engaged in common carriage without appropriate economic authority. Holding out air transportation without requisite authority is also an unfair and deceptive practice and unfair method of competition prohibited by 49 U.S.C. § 41712. 5. Classic Limited Air, Inc., is assessed $150,000 in compromise of civil penalties that might otherwise be assessed for the violations described in ordering paragraphs 2 and 3, above. Of the assessed penalty, $75,000 is due and payable within 30 days of the date of issuance of this order. By: Rosalind Knapp OST-01-10348 - UK-US Charter Passenger Filed November 4, 2002 | Issued January 29, 2004 Renew exemption from 49 U.S.C. § 41301 to conduct charter foreign air transportation of persons, property and mail between the United Kingdom and the United States, and other charters pursuant to Part 212 of the Department’s rules. By: Paul Gretch OST-99-5111 - Exemption - Japan-US (Nagoya-Guam/Saipan) January 29, 2004 Application for Renewal of Exemption Hereby applies to the Department of Transportation for renewal of its exemption from Section 41301 of the same title, enabling it to conduct scheduled foreign air transportation of persons, property, and mail between Nagoya, Japan, on the one hand, and Guam and Saipan, on the other. JAA requests renewal of the exemption for a period of at least one year. Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com OST-96-1960 January 21, 2004 As of December 31, 2003, Mesa Airlines will no longer be operating as Frontier Jet Express By: Mesa, Eric Gust, 602-685-4000 Special Rules for Ronald Reagan Washington National Airport - Beyond-Perimeter Slots
January 29, 2004 Motion for Leave to File and Reply of Frontier Airlines Several of the carriers that filed comments in this docket have not accurately portrayed Frontier’s relationships with other carriers at Denver international Airport. By this filing, Frontier responds to the statements contained in some of those filings. Acceptance of the response will provide a more accurate record on which the Department can base in this case and will not prejudice any party. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7501
January 29, 2004 Re: Letters in Support of United Air Lines' Application Attachments: Letters in Support Counsel: Wilmer Cutler, Jonathan Moss
Special Rules for Ronald Reagan Washington National Airport - Within-Perimeter Slots January 29, 2004 Motion for Leave to File and Reply Comments of AirTran Airways Several parties that filed comments in this docket have not accurately described AirTran’s proposal and its Ronald Reagan Washington National Airport slot holdings. By this filing, AirTran responds to the inaccuracies and arguments contained in some of those filings. Acceptance of the response will provide a more complete record on which the Department can base in this case and will not prejudice any party. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7501 OST-02-11725 - Philadelphia-Cancun January 29, 2004 Erratum - Application for Renewal of Exemption Authority On December 3, 2003 Brendan Airways, LLC, dlb/a USA 3000 Airlines inadvertently filed an application for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation between Philadelphia, PA and Cancun, Mexico in Docket OST-02-11726 due to a typographical error. The correct docket number into which this renewal application should have been submitted is Docket OST-02-11725. USA 3000 therefore requests that the December 3, 2003 Application for Renewal of Exemption Authority be removed from Docket OST-02-11726 and placed into Docket OST-02-11725. Counsel: Pierre Murphy, 202-776-3980 |
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