OST Docket Filings for February 2, 2004
Updated:
| Applications and Renewals:
Shuttle America - Terminate Service at Bedford, MA/Hagerstown, MD/Lynchburg, VA/Trenton, NJ/Williamsport, PA Trans Air Link - Purchase of Trans Air Link United and Air New Zealand - Codeshare Notice Answers and Replies: Aerolineas Argentinas - Third Escrow Deposit Report American and Mexicana - ATA Intends to Answer Intra-Alaska Class Service Mail Rates - Notice of Frontier Nevis Express - Letter from DOT (Request for Extension) Special Rules for Reagan National (Beyond-Perimeter) - Answer of Seattle / Puerto Rico Letter in Support / Reply of US Airways US Airways - Letter from UK Department of Transport (Orlando-Bermuda) Notices of Action Taken: Azteca - Mexico City - Laredo Renewal Zoom - Canada - US Notices and Orders: American - Granting Motion (Enforcement Proceeding) EAS at Athens, GA - Extending Service Obligation EAS at Grand Island, NE - Extending Service Obligation |
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OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 2, 2004 Re: First Escrow Deposit - Third Report Further to my prior two reports, attached is evidence of our second deposit, bringing the escrow to $35,000. Counsel: Rosen Weinhaus, John Romans OST-03-15046 - Enforcement Proceeding Served January 29, 2004 The parties' motion for stay of proceedings is granted. The matter is stayed until The Ides of March, 2004. By: Burton Kolko American Arlines, Inc. and Compania Mexicana de Aviacion OST-04-16945 - Statements of Authorization and Related Exemption Authority (Codesharing) January 30, 2004 Re: ATA Intends to Answer Application On January 21, 2004, American and Mexicana filed a joint application for authority to commence codeshare operations between the US and Mexico and to points beyond, including points in third countries. ATA Airlines is reviewing the application and expects to submit an answer to it on February 5, 2004, the date on which answers to the exemption applications are due, since the requests for statements of authorization and the exemption applications raise the same issues. Counsel, ATA, Brian Hunt, 317-240-7006 Daystar Airways, LTD d/b/a Nevis Express OST-99-5062 - Certificate - Interstate Scheduled Air Transportation January 30, 2004 As we stated in our letter of December 19, in order for the Department to consider granting Daystar's request for an extension, we must have clear evidence that there is "good cause" for doing so. By "good cause" we mean that Daystar would have to provide adequate evidence that it still meets the Department's fitness criteria and that it has completed nearly all of the steps to recommence operations (e. g., has the necessary personnel, financial resources, and aircraft, and that it is well advanced in its FAA recertification process). However, based on our recent communications with the FAA, it does not appear that Daystar has made much progress toward resuming operations as a certificated air carrier. The San Juan Flight Standards District Office (FSDO) that oversees Daystar's operations states that you have not taken the compliance actions deemed necessary by the FAA to restore Daystar's operating authority. In fact, the San Juan FSDO informs us that you have not communicated with them in some time. As a result, Daystar's FAA certificate is now classified as "inactive." Moreover, you provided no information with your extension request on any steps that you have taken to enable Daystar to resume operations or that would otherwise enable us to determine that Daystar continues to be fit to hold its DOT certificate. By: Air Carrier Fitness, Patricia Thomas Essential Air Service at Athens, Georgia Order 04-2-1 Issued February 2, 2004 | Served February 5, 2004 Order Extending Service Obligation Although we have received proposals, this case will not be completed before the end of the current hold‑in period. Therefore, in accordance with 49 U.S.C. 41734(c), we will extend Air Midwest's service obligation at Athens for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first. By: Randall Bennett Essential Air Service at Grand Island, Nebraska Order 04-2-2 Issued February 2, 2004 | Served February 5, 2004 Order Extending Service Obligation Because rate negotiations had stalled, we recently reissued a Request for Proposals for six communities in Nebraska, including Grand Island. (See Order 2003‑12‑2.) Although we have received proposals, this case will not be completed before the end of the current hold‑in period. Therefore in accordance with 49 U.S.C. 41734(c), we will extend Great Lakes' service obligation at Grand Island for an additional 30 days, or until reliable replacement service actually begins, whichever occurs first. By: Randall Bennett Intra-Alaska Class Service Mail Rates January 30, 2004 Terminate Rate Equalization Notice of Frontier Flying Service Frontier Flying Service, Inc., an air carrier currently authorized to transport mail, hereby gives notice of its intent to terminate the rate equalization between Fairbanks and Deadhorse effective February 12, 2004. By: Frontier, Robert Hajdukovich Lineas Aereas Azteca, S.A. de C.V. OST-02-11463 - Mexico City - Laredo Filed January 9, 2004 | Issued February 2, 2004 Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between Mexico City, Mexico, and Laredo, Texas. By: Paul Gretch
OST-04-17009 - Intent to Terminate Service at Bedford, MA January 30, 2004 Notice of Intent to Terminate Service Shuttle America intends to terminate all of its scheduled services atBED on or about May 1, 2004. Shuttle America currently operates one daily roundtrip flight and four roundtrip flights per day on weekdays (with the exception of one flight that is not operated on Fridays) between BED and Trenton, NJ (TTN) using Saab 340 aircraft. BED is a short distance from Boston's Logan International Airport, a large hub airport, so the Bedford community will continue to receive more than adequate service. In any event, since the Department is prohibited from paying a subsidy for service to Bedford because Bedford is located within 70 miles of a large hub, the Department is precluded from prohibiting Shuttle America from terminating service after the end of the 90‑day notice period. Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-04-17010 - Intent to Terminate Service at Hagerstown, MD January 30, 2004 Notice of Intent to Terminate Service Shuttle America intends to terminate all of its scheduled services atHGR on or about May 1, 2004. Shuttle America currently operates three roundtrip flights per day on weekdays and two roundtrip flights per day on weekends between HGR and Pittsburgh (PIT) using Saab 340 aircraft. 4. Order 83-6-70 defines essential air service at HGR as two daily nonstop roundtrip flights to either Baltimore or Washington, with sufficient capacity to accommodate 40 enplanements each day. No other carrier serves HGR. HGR is within 70 driving miles of Dulles International Airport, a large hub. Accordingly, the Department is prohibited from paying a subsidy for service to HGR, and may not prohibit Shuttle America from terminating service after the end of the 90‑day notice period. Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-04-17013 - Intent to Terminate Service at Lynchburg, VA January 30, 2004 Notice of Intent to Terminate Service Shuttle America intends to terminate all of its scheduled services at LYH on or about May 1, 2004. Shuttle America currently operates three roundtrip flights between LYH and Pittsburgh, PA (PIT) -- one daily, one daily except Saturday, and one daily except Sunday -- using Saab 340 aircraft. US Airways Express carrier Air Midwest operates five nonstop flights between LYH and Charlotte (CLT) (one daily, two daily except Saturday, and two daily except Sunday). Delta Connection carrier Atlantic Southeast Airlines operates three daily nonstop flights between LYH and Atlanta (ATL). In light of the substantial remaining service at LYH, Shuttle America submits that the essential air service requirements of the Lynchburg community will continue to be fully met. Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-04-17011 - Intent to Terminate Service at Trenton, NJ January 30, 2004 Notice of Intent to Terminate Service Shuttle America intends to terminate all of its scheduled services at TTN on or about May 1, 2004. Shuttle America currently operates one roundtrip flight each weekday between TTN and Pittsburgh (PIT) using Saab 340 aircraft. Shuttle America also operates one daily roundtrip flight and four roundtrip flights per day on weekdays (with the exception of one flight that is not operated on Fridays) between TTN and Bedford, MA (BED) using Saab 340 aircraft. TTN is within 70 driving miles of Philadelphia International Airport, a large hub. Accordingly, the Department is prohibited from paying a subsidy for service to TTN, and may not prohibit Shuttle America from terminating service after the end of the 90‑day notice period. Counsel: Shaw Pittman, Robert Cohn, 202-663-8060
OST-04-17012 - Intent to Terminate Service at Williamsport, PA January 30, 2004 Notice of Intent to Terminate Service Shuttle America intends to terminate all of its scheduled services at IPT on or about May 1, 2004. Shuttle America currently operates four roundtrip flights between IPT and Pittsburgh (PIT) ‑‑ two daily, one daily except Saturdays, and one weekdays‑only ‑‑ using Saab 340 aircraft. Allegheny Airlines, Inc., another US Airways Express carrier, currently operates two roundtrip flights between IPT and Philadelphia (PHL) (one daily and one daily except Saturdays). Shuttle America submits that this remaining service adequately satisfies Williamsport' s essential air service requirements. Counsel: Shaw Pittman, Robert Cohn, 202-663-8060 Special Rules for Ronal Reagan Washington National Airport (Beyond-Perimeter Losts)
January 30, 2004 Answer of The Port of Seattle in Support of the Application of Alaska Airlines and Motion for Late Filing | Word Alaska’s DCA-Seattle-Anchorage flight provided Alaska with a new market presence in the eastern United States. If there were no perimeter rule and no slot restrictions, Seattle would surely be a market which would generate additional service to DCA and Alaska. The Department of Transportation has long recognized that one daily flight is not an effective schedule for domestic air service. The Department indeed sets the minimum at two per day for most essential air service markets. Seattle was pleased to get its first flight to Washington Ronald Reagan National Airport in 1991, but now the Department has an opportunity to make that service much more than a token. The three daily flights proposed by Alaska Airlines will provide nine roundtrip schedule choices for passengers who today have only one choice. Exhibits of the Port of Seattle Counsel: Seattle, Anne Purcell, 206-728-3212, purcell.a@portseattle.org
January 30, 2004 Counsel: Winston & Strawn, Peter Hiebert, 202-371-5700, phiebert@winston.com
January 30, 2004 Motion To File An Unauthorized Document and Reply of US Airways Good cause exists for the Department to accept and consider this unauthorized response in order to ensure a complete and accurate record as to US Airways' service proposals in this proceeding. Given the extensive briefing and exhibits already submitted and the importance of this proceeding, US Airways is reluctant to submit an unauthorized pleading. However, there are two egregious and misleading allegations concerning US Airways' service proposals that, for the sake of a complete and accurate record, require US Airways to seek leave to file a narrowly focused unauthorized reply.' See, e.g., DOT Order 00‑7‑1, at 10 n.3 (granting such leave in past beyond‑perimeter selection proceeding based on much less compelling circumstances than those articulated here). Counsel: US Airways, Elizabeth Lanier, 703-872-5230 OST-03-16448 - Exemption from the Provisions of Section 204.7 of the Economic Regulations January 26, 2004 Re: Purchase by Merced Partners Merced Partners Limited Partnership is in discussions with Trans Air Link about a potential purchase transaction. In that regard, the parties have exchanged drafts of, and comments on, a purchase agreement. Certain items remain under discussion, however. Accordingly, we hereby respectfully request that we be given a few more weeks, until February 27, 2004, in which to finalize the terms of the transaction and submit an amended filing related thereto to the Department. Counsel O'Melveny & Myers, Patrick Rizzi, 202-383-5300 United Air Lines, Inc. and Air New Zealand OST-99-6013 - Statements of Authorization (US-New Zealand Codesharing) February 2, 2004 Notice of United Air Lines and Ar New Zealand hereby notify the Department that United's "UA*" designator code will be placed on flights operated by ANZ, and ANZ's "NZ*" designator code will be placed on flights operated by United. All code shares will operate in both directions. Counsel Fulbright & Jaworski, Susan Gotbetter, 212-318-3121, sgotbetter@fulbright.com / Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com OST-04-16899 - Exemption - Orlando-Bermuda January 30, 2004 Re: Letter from UK Department of Transport | Word The Bermudan authorities support this application, as do the UK’s Department for Transport. The UK Government is prepared to allow this service, should the application be approved by the US Department of Transportation, on the basis of comity and reciprocity. The service would be in addition to those rights available on US Route 4 of the UK/US Air Services Agreement, and on the basis that US authorities would be prepared to allow a UK designated airline to operate between Bermuda and a US gateway selected by the UK Government in addition to those rights available on UK Route 8. By: Simon Knight OST-02-13857 - Canada - US Scheduled Passenger Filed December 4, 2003 | Issued February 2, 2004 Exemption from 49 USC section 41301 to permit the applicant to continue to conduct: 1) scheduled foreign air transportation of persons, property and mail, between any point or points in Canada and any point or points in the United States; and 2) charter operations, carrying persons, property and mail, between Canada and the United State, and other charters in accordance with 14 CFR Part 212. By: Paul Gretch |
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