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OST Docket Filings for January 30, 2004

Updated: 2/2/04 | 8:02 AM

Applications and Renewals:

Aerodynamics - Form 41 Motion

China Airlines - Taiwan-US Open Skies Renewal

EAS at Eastern Oregon Regional Airport - Request of Horizon for Hub Designation Change

IATA

LaGuardia Slots - Certification of ComAir

Royal Tongan - Tonga-Honolulu/Los Angeles Amendment

Answers and Replies:

Aerolineas Argentinas - Email from Counsel for Aerolineas Argentinas

Ameristar - Confidentiality Treatment - Letter from Air Carrier Fitness

Blackstar Airlines - Confidentiality Treatment - Letter from Air Carrier Fitness

Brobel Leasing (Colorado Airways) - Letter from Air Carrier Fitness

EAS at Athens, GA - Athens Clarke County Letter in Support of Corporate

Hawaiian Airlines - Polling Letter (Honolulu-Sydney)

Homer Air - Letter from Air Carrier Fitness

USA 3000 - Answer of State of Maryland in Support (Baltimore-Bermuda)

Washington National Slots - Responses of Delta, United / Motion of Spirit to Strike / Reply of US Airways

Westward Airways - Letter from Air Carrier Fitness

Notices of Action Taken:

Air Alps and Northwest - Netherlands-Austria Renewal

Azteca - Torreon-El Paso Renewal

Delta - Interim Dormancy Waiver for Atlanta-Buenos Aires

Delta and Emirates

Emirates - Removal of Codeshare and Wet-Lease Condition

Hawaiian - Honolulu-Sydney

Thai - New York-Washington, DC via Tokyo Renewal

US Airways - Charlotte/Philadelphia/Pittsburgh-Cancun Renewal / Thailand Codeshare with United

USA 3000 - Philadelphia-Cancun Renewal

Notices and Orders:

EAS at Greenbrier/White Sulphur Springs/Lewisburg, WV - Extending Service Obligation

Midway and Ascent - Dismissing Application

Notice of Request of a Previously Approved Collection - Aircraft Accident Liability Insurance

Use of Direct Final Rulemaking




Aerodynamics Incorporated

OST-03-16827 - Form 41, Schedule P-6

January 28, 2004

Motion to Withhold Information from Public Disclosure

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970

Index


Aerolineas Argentinas, S.A.

OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act 

January 30, 2004

Re: Email from Counsel of Aerolineas Argentinas

In partial answer to your letter of January 28, 2004, please be advised that on January 26, Aerolineas wired $20,000 to the escrow account. The bank's confirmation of the arrival of the funds is attached hereto.


Re: Email from Counsel of Aerolineas Argentinas

Yesterday I attached a statement from the escrow bank acknowledging the deposit of U.S $20,000 into the escrow on January 26, 2004. I now enclose an excel attachment containing two spread sheets, one for estimated payments to Aeropuertos 2000 and one for estimated payments to the Argentine air force.

The original estimate was calculated on the bases of estimated airport charges of about $16,000 to $18,000, and Aerolineas deposited U.S. $20,000. This finer estimate is in the amount of US, $18,176.83. In the process, Aerolineas realized that the first estimate did not include the FAA charges of what is estimated to be about U.S. $11,348.10. Therefore, Aerolineas is depositing an additional $15,000 today into the escrow making the total escrow amount $35,000 to more then cover the estimated total amount of $29,524.93.

Counsel: Rosen Weinhaus, John Romans, 212-530-4827

Index


Air Alps Aviation GmbH and Northwest Airlines, Inc.

OST-02-11441 - US-Netherlands-Austria Codeshare

Filed December 10 and 29, 2003 | Issued January 29, 2004

Notice of Action Taken | Word

Air Alps Aviation GmbH - Renew exemption from 49 U.S.C. § 41301 to permit Air Alps Aviation to display the airline designator code of Northwest Airlines, Inc. (“NW”) on flights operated by Air Alps between Amsterdam, Netherlands, and points in Austria. 

Northwest Airlines, Inc. - Renew exemption from 49 U.S.C. § 41101 to engage in scheduled foreign air transportation of persons, property and mail from points behind the United States via the United States and intermediate points to a point or points in Austria and beyond.

By: Paul Gretch

Index


Ameristar Air Cargo, Inc.

OST-03-16773 - Interstate Certificate All-Cargo
OST-03-16774 - Foreign Certificate All-Cargo

January 30, 2004

Re: Confidential Treatment

It is not the Department's practice to withhold from public disclosure information regarding an applicant's current financial condition. This is the type of information contained in Confidential Exhibit 3. However, you argue that public dissemination of Ameristar's financial information should be restricted to only that required to meet its ongoing Form 41 filing requirements and the information in Confidential Exhibit 3 exceeds these requirements. As you know, however, an applicant for new or expanded certificate authority is required to supply a balance sheet and 12-month income statement that is current within three months of its application. As Ameristar's Form 41 filings cover only the six-month periods ended June 30 and December 31 of each year, its most recently filed Form 41 reports are not current enough for our needs. We will therefore deny confidential treatment to the 12-month income statement reflected in Confidential Exhibit 3. However, as the other information (operating results by month) are not required by our rules, we are prepared to grant confidential treatment to the remainder of Confidential Exhibit 3 provided Ameristar submits a redacted copy of this exhibit for the public record.

If Ameristar elects not to file a petition, we direct that the information identified above for which confidential treatment was denied be submitted (either through the provision of redacted copies of the noted exhibits, or through the provision of specially prepared exhibits setting forth the information noted) in the public docket within five calendar days of the date of this letter.

By: Air Carrier Fitness, Patricia Thomas

Index


Blackstar Airlines Corporation

OST-03-16716 - Interstate Scheduled Passenger Certificate
OST-03-16717 - Foreign Scheduled Passenger Certificate

January 29, 2004

Re: Ruling on Confidential Treatment

It is not the Department's practice to withhold from public disclosure information regarding an applicant's ownership, management, pre‑operating and first‑year operating cost forecasts, operating plans, and related statistics; nor is it our practice to withhold from public disclosure documents that contain information that is already publicly available from other sources. A review of the PPM indicates that much of the information contained therein is either already on the public record or is of the type and scope that the Department typically requires to be part of the public record in its fitness proceedings. Further, there is nothing in the nature of a PPM per se which would warrant a blanket grant of confidential treatment. Therefore, we cannot grant confidential treatment to the PPM in its entirety.

As a result, we ask that Blackstar carefully review its PPM and specifically identify that portion of the document that it believes contains proprietary information. When the applicant has identified these portions of the PPM for the Department, we will then review the matter and determine what portions, if any, should be granted confidential treatment and issue a ruling to that effect. If Blackstar does not specifically identify the information in the PPM it believes is proprietary within 10 days of this letter, we will deny confidential treatment to the document in its entirety.

By: Air Carrier Fitness, Patricia Thomas

Index


Brobel Leasing, Inc.

OST-03-16284 - Commuter Authority

January 29, 2004

Re: Updated Information

On December 11, 2003, the Department requested updated information from Bobrel Leasing in connection with our efforts to determine its fitness to conduct commuter air carrier operations. The company's responses were due on January 12, 2004. To date, however, we have not received any information or response from Bobrel Leasing. In order for the Department to determine whether the company is fit to engage in commuter air carrier operations, we again request that Bobrel Leasing submit a complete response to our December 11, 2003 Information Request (copy enclosed) within 14 days of the date of this letter. In the event such a response is not received by that date, we intend to dismiss Bobrel Leasing's application without further notice.

By: Air Carrier Fitness, Patricia Thomas

Index


China Airlines, Ltd.

OST-97-3138 - Exemption - Taiwan-US Open Skies

January 29, 2004

Application for Renewal of Exemption Authority

Hereby applies for renewal of its exemption authority to: 

  • (a) Conduct scheduled foreign air transportation of persons, property, and mail from points behind Taiwan, via Taiwan, and intermediate points, to points in the United States and beyond; 
  • (b) Conduct charter foreign air transportation of persons, property, and mail pursuant to the terms of the Air Transport Agreement between the American Institute in Taiwan ("AlT") and the Taipei Economic and Cultural Representative Office, initialed February 28, 1997 and entered into force March 18, 1998; 
  • (c) Conduct other charters pursuant to Part 212 of the Department's Economic Regulations; and 
  • (d) Exercise all other rights enumerated in Annexes I and II of the Open Skies Agreement.

CAL holds a foreign air carrier permit last issued by the Department in Order 86‑5‑48. CAL is authorized under its permit to provide service between the coterminal points Taipei and Kaohsiung, Taiwan; via intermediate points in the Pacific; and the coterminal points Guam; Honolulu, Hawaii; Los Angeles and San Francisco, California; Seattle, Washington; Dallas, Texas; and New York, New York; and beyond to Amsterdam, The Netherlands. CAL also is authorized by the permit to make technical stops in Anchorage and Fairbanks, Alaska and to provide charter foreign air transportation subject to the Department's regulations.

CAL is the flag carrier of Taiwan. It currently serves 44 cities in 21 countries across the globe using its fleet of 59 aircraft.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com

Index


Delta Air Lines, Inc.

OST-03-15021 - US Carriers - Waiver of the Dormancy Conditions on Limited-Entry Route Authority
OST-99-6210 - Delta Air Lines - Dormancy Waiver for Atlanta-Buenos Aires

Filed January 27, 2004 | Issued January 30, 2004

Notice of Action Taken | Word

Order 2003-4-18 granted U.S. passenger carriers holding limited international route authority a blanket waiver of the dormancy conditions applicable to their authorities through March 31, 2004.  The order also required U.S. carriers to notify the Department in writing no later than February 15, 2004, of the limited-entry rights that they will not be using beginning April 1.  Finally, Order 2003-4-18 provided that carriers are free to seek extension of the dormancy waiver beyond March 31, 2004, for specific city-pair limited-entry services where they can demonstrate that circumstances warrant.

Delta filed a Notice of its intent to resume services in the Atlanta-Buenos Aires market, effective December 1, 2004.  It included with that Notice a request for an interim waiver for its U.S.-Argentina frequencies beyond the March 31 date through December 1, 2004.  Delta states that, absent a waiver, its frequencies will expire March 31, 2004.  Delta states that it is ready to resume sales and marketing activities immediately and that it will poll carriers regarding its notice and its request.  On January 29, Delta informed the Department that it had polled the carriers served with its Notice and Request and had received no objections. As to any frequency with which Delta does not begin service by December 1, 2004, its frequency allocation with respect to that frequency expires automatically.

By: Paul Gretch

Index


Delta Air Lines, Inc. and Emirates

OST-03-15805 - US-United Arab Emirates Codeshare

Issued January 29, 2004

Notice of Action Taken | Word

On October 14 and October 24, 2003, in Docket OST-2003-15805, we granted a joint request of Emirates and Delta Airlines for blanket statements of authorization to conduct reciprocal code-share services between the United Arab Emirates and the United States.   We granted the authorities subject to, among other things, the condition that Emirates only exercise the authority as part of a Department-authorized code-share or wet-lease arrangement with a duly authorized and properly supervised carrier or carriers.  We had also included such a code-share/wet-lease condition in authority we awarded Emirates on July 1, 2003, in Dockets OST-2000-7490 and OST-2000-7495

By letter dated January 23, 2004, Emirates advised us that it was ready to conduct the authorized operations with its own aircraft, and asked that the code-share/wet-lease condition be removed from its authority in Dockets OST-2000-7490, OST-2000-7495, and OST-2003-15805. 

By Notice of Action Taken dated January 23, 2004, in Dockets OST-2000-7490 and OST-2000-7495, we removed the code-share/wet-lease condition from the authorities granted Emirates on July 1, 2003.  We found, in the circumstances presented, including the notification received from Emirates on January 23, and the fact that we had been advised that the FAA and the TSA are prepared to allow Emirates to serve the United States with its own aircraft, that it was in the public interest to remove the code-share or wet-lease condition imposed on Emirates in those dockets.

By: Paul Gretch

Index


Emirates

OST-00-7490 - US-United Arab Emirates Scheduled Air Service
OST-00-7495 - US-United Arab Emirates Codeshare with Continental

Issued January 23, 2004

Notice of Action Taken | Word

On July 1, 2003, we granted Emirates exemption authority to engage in scheduled foreign air transportation of persons, property and mail from points behind the United Arab Emirates (U.A.E.), via the U.A.E. and intermediate points, to a point or points in the United States and beyond; and authority to conduct charters in accordance with Part 212 of the Department’s rules.  On the same date, we granted a joint request of Emirates and Continental Airlines, Inc. for blanket statements of authorization to conduct reciprocal code share services between the United Arab Emirates and the United States.  We granted the authorities subject to an interim condition requested by Emirates in the referenced Dockets, that Emirates only exercise the authorities as part of a Department-authorized code-share or wet lease arrangement with a duly authorized and properly supervised carrier or carriers.  In its submission in these Dockets, Emirates stated that it would advise the Department when it was prepared to conduct these operations using its own aircraft and crews.

We have decided to remove the code-share or wet lease condition from the authorities we granted Emirates on July 1, 2003, in the above referenced dockets. In the circumstances presented, including the notification received from Emirates on January 23, and the fact that we have been advised that the FAA and the TSA are prepared to allow Emirates to serve the United States with its own aircraft, we find that it is in the public interest to remove the code-share or wet lease condition imposed on Emirates’ in Dockets OST-2000- 7490 & 2000-7495. This means that Emirates may conduct is authorized services to and from the United States with its own aircraft and crews.

By: Paul Gretch

Index


Essential Air Service at Athens, Georgia

OST-02-11348

January 14, 2004

Re: Athens Clarke County Letter in Support of Corporate Airlines

After reviewing the proposals and meeting with both airline representatives, the Athens Airport Authority voted unanimously to recommend that the EAS contract be awarded to Corporate Airlines for Option #2, 18 round trips per week (Athens‑Atlanta) for $882,057 annually. As the route to Charlotte has proven its ridership will continue to decline, we feel the Athens‑Atlanta route will increase our passengers by offering a convenient connection to the Atlanta Airport.

By: Heidi Davison, Mayor

Index


Essential Air Service at Greenbrier/White Sulphur Springs/Lewisburg, West Virginia

Order 04-1-18
OST-03-15553

Issued January 23, 2004 | Served January 28, 2004

Order Extending Service Obligation

Since this case will not be completed by the end of the current hold‑in period, and in accordance with 49 U.S.C. 41734(c), we will extend Air Midwest's service obligation at Greenbrier/White Sulphur Springs/Lewisburg for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first.

By: Randall Bennett

Index


EAS at Eastern Oregon Regional Airport

OST-04-16995

December 17, 2004

Re: Request for Change in Hub Designation

Effective February 8, 2004, Horizon Air formally requests that the hub designation for the Eastern Oregon Regional Airport (PDT) be changed as follows: PDX (1) SEA (1). All other EAS designations for this route should remain the same. The current Essential Air Service determination at PDT calls for non-stop or one-stop service to Portland, Oregon, with two frequencies per day Monday-Friday, and a total of two flights over Saturday and Sunday. Seat requirements for each service day are 62 seats using aircraft with 14 seats or smaller. With aircraft of 15 seats or more, the requirement is for 48 seats per service day.

Horizon proposes to offer three daily flights each way from Pendleton to Seattle, two that will make a brief stop in Walla Walla each way and a third that will be nonstop in each direction. The new routing will replace the current schedule of three daily flights to Portland, some of which make a stop in Pasco each way. As with the current Pendleton‑Portland service, we are not requesting EAS subsidy on this new route.

By: Horizon, Patrick Zachieja

Index


Hawaiian Airlines, Inc.

OST-04-16923 - Exemption - Honolulu-Sydney

January 30, 2004

Re: Polling Results

Counsel: Dow Lohnes, Jonathan Hill


Filed January 15, 2004 | Issued January 30, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between Honolulu, Hawaii, on the one hand, and Sydney, Australia, on the other, and points beyond the gateway in Australia. Hawaiian Airlines plans to offer initial service between Honolulu and Sydney.  Hawaiian's authority for service beyond Sydney is limited to the Australian cities available for service by U.S. carriers under the U.S.-Australia bilateral agreement.

By: Paul Gretch

Index


C&L, Inc. d/b/a Homer Air

OST-01-9181 - Certificate - Interstate Scheduled

January 30, 2004

Re: Letter from Air Carrier Fitness to Homer Air

As per our telephone conversation yesterday, January 29, I believe I misstated the capital requirements for Homer Air (Homer) relative to its application for certificate authority. Contrary to what I stated in my letter of January 23, we will not require a showing of capital equal to the previous 12-month deficit for the carrier. Thus, the estimate of needed capital that I provided to you in that letter, namely $265,000, should have been stated as $130,000. This reduced capital requirement reflects the elimination of the carrier's prior 12-month deficit of approximately $134,000. I would request, therefore, that in your response to the Department, you provide the source(s) of $130,000 available to Homer with third party verification. I hope that I have not confused or inconvenienced you with the information contained in my letter of January 23.

By: Air Carrier Fitness, Howard Serig

Index


International Air Transport Association

OST-04-17001

January 30, 2004

Application for Approval of Agreements

PTC12 USA-EUR Fares 0086 dated 30 January 2004 Resolution 015h USA Add-Ons between USA and UK Intended effective date: 1 April 2004

Counsel: IATA, David O'Connor, 202-293-9292

Index


Lineas Aereas Azteca, S.A. de C.V.

OST-02-14131 - Exemption - Torreon, Mexico-El Paso

Filed January 9, 2004 | Issued January 30, 2004

Notice of Action Taken | Word

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between Torreon, Mexico, and El Paso, Texas.

By: Paul Gretch

Index


Midway Airlines Corporation and Ascent Airlines, Inc.

Order 04-1-16
OST-03-16626 - Approval of the Transfer of Operating Authority

Issued January 22, 2004 | Served January 27, 2004

Order Dismissing Application

On January 9, 2004, Midway and Ascent advised us that they were withdrawing their application due to the Midway Bankruptcy Court having approved the sale of Midway's assets to another entity. In light of the above, we have decided to dismiss the transfer application of Midway and Ascent in Docket OST‑03‑16626 without prejudice.

By: Randall Bennett

Index


Royal Tongan Airlines

OST-95-774 - Exemption - Tonga-Honolulu/Los Angeles

January 30, 2004

Application for Amendment of Exemption

Hereby requests amendment of its exemption authority granted to it by the Department of Transportation in the above-captioned docket to permit Royal Tongan to operate via intermediate points on its existing scheduled services between Tonga, on the one hand, and the coterminal points Honolulu, Hawaii, and Los Angeles, California, on the other hand.

Royal Tongan requests that its existing exemption permitting it to operate between Tonga and the coterminal points Honolulu and Los Angeles be amended to authorize Royal Tongan to operate on this route via intermediate points. Royal Tongan currently holds a short-term exemption permitting it to serve Honolulu and Los Angeles via Apia. This service has been well-received by passengers and Royal Tongan wishes to maintain in effect its ability to operate to the United States via Apia as well as via other intermediate points, consistent with MALIAT.

Royal Tongan provides service between Tonga and various points in the South Pacific, including Apia, Auckland, Sydney, Ha'apai, Vava'u, Nadi, Niuatoputapu and Nuku'alofa utilizing B757‑200ER and Twin Otter aircraft. Royal Tongan also serves Honolulu with its B757‑200ER aircraft.

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com

Index


Special Rules for Ronald Reagan Washington National Airport - Beyond-Perimeter Slots

OST-00-7181


January 30, 2006

Response of Delta Air Lines and Motion for Leave to File

Delta hereby moves for leave to file this brief response to the Comments of Alaska and America West. Those carriers assert that the Department cannot grant Vision 100 applications if a flight proposed in the application would arrive at DCA after 10:00 p.m. These contentions are flawed because they ignore the legislative intent of 49 U.S.C. § 41718(c). They also ignore the language in the Department's Notice establishing these proceedings, which made clear that carriers might be required to be flexible in their schedule because the specific slot exemption times they requested might not be available. While the schedule Acceptance of Delta's response is in the public interest and conducive to sound administration of this proceeding, by providing a more complete and accurate record for the Department without prejudice to any other party.

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060


January 30, 2004

Motion for Leave to File and Response of United Air Lines

Frontier Airlines, Inc.'s Motion for Leave to File and Reply dated January 29, 2004, in which Frontier inaccurately portrays the potential network benefits offered by United and Frontier at Denver International Airport in connection with each carrier's application for beyond-perimeter exemption slots at Ronald Reagan Washington National Airport ("DCA")." Due to serious inaccuracies and misstatements in Frontier's unauthorized Reply, United requests leave to file this brief. In evaluating the relative network benefits of each application the Department needs to make fair and consistent comparisons, whether including code share arrangements or not. Either way, it is clear that United offers vastly superior network benefits from DEN than Frontier.

Counsel: United and Wilmer Cutler, Bruce Rabinovitz, 202-663-6655


Special Rules for Ronald Reagan Washington National Airport - Within-Perimeter Slots

OST-00-7182


January 30, 2004

Motion to Strike and Contingent Reply and Motion for Leave to File of Spirit Airlnes

In its Application and Reply, Spirit explained at length how the lack of competition in the DCA-DTW market has resulted in extremely high fares and supra-competitive yields for Northwest. To support its contention, Spirit cited the then-most-recent DOT Domestic Airline Fares Consumer Report, which indicated that Northwest's average yield in the DTW-DCA market was roughly 52 per mile. By contrast, Delta's yield on the Washington-Atlanta route as of that time (which was before AirTran offered its three daily DCA-ATL rotations) was 300. This figure was offered to illustrate just how dire the competitive situation was and remains at Detroit, which lacks jany competitive non-stop service to DCA. Unable to refute DOT's own numbers, AirTran now asserts that Spirit should have used data for the 2nd quarter of 2003, which shows that fares in the markets are "approximately the same", citing fares of $177 for Detroit vs. $166 for Atlanta. Spirit has a few responses to this contention.

Counsel: Garfinkle Wang, Anita Mosner, 703-294-5890


January 30, 2004

Motion for Leave to File Reply and Reply of US Airways in Support of Its Applicaiton

Several answers filed by competing applicants in this proceeding have inaccurately described US Airways' service proposal. US Airways clarifies here that it has applied for all ten slots available in this proceeding, and proposes to ise them in the following way: four slots for two roundtrips to and from Chattanooga, Tennessee; four slots for two roundtrips to and from Asheville, North Carolina; and two slots for one roundtrip to and from Wilmington, North Carolina. US Airways recognizes that it may be awarded some but not all of the available slots.

Counsel: US Airways, Elizabeth Lanier

Index


Thai Airways International Public Company Limited

OST-01-11127 - Bangkok-New York/Washington via Tokyo Codeshare with ANA

Filed December 30, 2003 | Issued January 29, 2004

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to conduct scheduled foreign air transportation of persons, property and mail between Bangkok and the coterminal points New York and Washington, DC, via Tokyo on a blind sector basis, on a code-share basis only.  (Thai conducts these operations pursuant to a code-share arrangement with All Nippon Airways.)

By: Paul Gretch

Index


US Airways, Inc.

OST-97-2128 - Charlotte/Philadelphia-Cancun
OST-00-7338 - Pittsburgh-Cancun
OST-02-13855 - Charlotte/Philadelphia/Pittsburgh-Cancun

Filed November 25, 2003 | Issued January 29, 2004

Notice of Action Taken | Word

DOCKET OST-1997-2128: Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Charlotte, North Carolina, and the terminal point Cancun, Mexico; and (2) the terminal point Philadelphia, Pennsylvania, and the terminal point Cancun, Mexico.

DOCKET OST‑2000‑7338: Scheduled foreign air transportation of persons, property, and mail between the terminal point Pittsburgh, Pennsylvania, and the terminal point Cancun, Mexico.

US Airways requests that the two exemption authorities described above be renewed with a common expiration date to run concurrently with its other Cancun exemption authority in Docket OST‑200213855, set to expire on December 4, 2004. US Airways also requests that its Cancun exemption authorities be consolidated into one of the referenced dockets.

We have granted the carrier's request to consolidate the exemption authority granted here into Docket OST-2002-13855. Thus, the carrier may henceforth file in Docket OST-2002-13855 at such time as it seeks to make requests concerning its exemption authority to serve the Charlotte/Philadelphia/Pittsburgh-Cancun markets.


Corrected January 30, 2004

Notice of Action Taken | Word (Corrected Copy)

The sentence immediately following "Action taken by" contained an extraneous word in the previous version.

By: Paul Gretch


OST-03-16569 - US-Singapore/Thailand Codeshre with United

Filed November 24, 2003 | Issued January 29, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail (1) between a point or points in the United States, via any intermediate points, and a point or points in Singapore and beyond, and (2) between a point or points in the United States, via any intermediate points, and a point or points in Thailand and beyond, and to integrate this authority with its existing certificate and exemption authority.  US Airways intends to operate this service pursuant to a code-share arrangement with United Air Lines.

By: Paul Gretch

Index



USA 3000 Airlines

OST-04-16916 - Exemption - Baltimore-Bermuda

January 29, 2004

Answer of State of Maryland in Support of Application

Counsel: Preston Gates, Jonathan Blank, 202-628-1700


OST-02-11725 - Exemption - Phildelphia-Cancun

Filed December 3, 2003 | Issued January 30, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between the terminal point Philadelphia, Pennsylvania, and the terminal point Cancun, Mexico.

By: Paul Gretch

Index



Westward Airways, Inc.

OST-02-14071 - Interstate Scheduled Air Transportation

December 31, 2003

Re: Letter from Air Carrier Fitness

Although over nine months have elapsed since the Department's grant of authority to Westward, to date, the company has not fulfilled the conditions imposed by Order 2003‑44 to have its authority made effective. This letter is to remind the company of the requirements of section 204.7 of the Department's regulations and the impact of that section on its authority. Specifically, section 204.7 provides, among other things, that the authority granted to a company shall be revoked if the company does not commence actual flying operations under that authority within one year of the date of the Department's determination of its fitness‑‑that is, by April 7, 2004, for Westward.

By: Air Carrier Fitness, Patricia Thomas

Index


Notice of Request of a Previously Approved Collection - Aircraft Accident Liability Insurance

OST-04-16951

January 29, 2004

Notice

By: Randall Bennett

Index


Use of Direct Final Rulemaking

OST-04-16970

January 29, 2004

Final Rule

The Office of the Secretary of Transportation is implementing a rulemaking procedure that will expedite the processing of noncontroversial changes to its regulations. OST will publish rules that the Secretary judges to be noncontroversial and unlikely to result in adverse public comment as direct final rules. Such direct final rules will advise the public that no adverse comment is anticipated, and that, unless written adverse comment or written notice of intent to submit adverse comment is received, the rule will become effective a specified number of days after the date it is published in the Federal Register. This new procedure should expedite the promulgation of routine or otherwise noncontroversial rules by reducing the time necessary to develop, review, clear, and publish separate proposed and final rules where OST receives no public comment. This rule also corrects the applicability section to remove reference to modal administrations that now have their own rulemaking procedures. These changes are made on the initiative of OST. Effective Date: March 1, 2004.

By: Norman Minetta

Index


The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

OST-00-7175 - New York LaGuardia Slots

January 30, 2004

Supplemental Certification of Comair

Comair hereby files an additional certification reflecting minor schedule changes effective February 1, 2004. This certification does not reflect any increase in service, nor does it request any additional slot exemptions; it merely changes the schedule for a few slot exemptions previously allocated. It should be noted that this attachment may indicate numerical or directional imbalances, because some of Comair's LGA flights are operated using regular commuter or air carrier slots, which are not shown.

  • Greensboro, N. C. GSO
  • Myrtle Beach, South Carolina MYR

Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060

Index


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