OST Docket Filings for February 3, 2004
Updated:
| Applications and Renewals:
Air Jamaica - Jamaica-US Open Skies Air Japan - Japan-US Renewal LGA Slots - Certification of Midwest US Passenger Carriers / American- Miami-Medellin Intent to Use Frequencies and Limited Dormancy Waiver Answers and Replies: EAS at Alaska Communities - Letters in Support EAS at Athens, GA - Air Midwest Codeshare with US Airways EAS at Montana Communities - Letters in Support Special Rules For Regan Washington National - Beyond-Perimeter - Reply Comments of Aloha / Response of Frontier Special Rules for Regan Washington National - Within-Perimeter - Response of AirTran / Second Motion of Spirit US Passenger Carriers / Delta - Clarification of Delta (Atlanta-Buenos Aires) Notices of Action Taken: Aero Servicios Azteca - Mexican Taxi Renewal Evergreen - US-Argentina All-Cargo Renewal Notices and Orders: JetBlue - Consent Order |
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Aero Servicios Azteca, S.A. de C.V. OST-99-6719 - Mexico-U.S. Charter Air Transportation Filed January 13, 2004 | Issued February 3, 2004 By: Paul Gretch OST-04-17040 - Exemption - US-Jamaica Open Skies Agreement February 3, 2004 Provide scheduled foreign air transportation from points behind Jamaica, via Jamaica and intermediate points to a point or points in the United States and beyond, to the full extent permitted by Annex I of the Air Transport Agreement Between the Government of the United States of America and the Government of Jamaica, which was set forth as Attachment B to the Memorandum of Consultations initialed on October 30, 2002. Provide charter foreign air transportation between any point or points in Jamaica and any point or points in the United States, and between any point or points in the United States and any point or points in a third country or countries, to the full extent permitted by Annex II of the Open Skies Agreement, as well as provide other charter air transportation pursuant to Part 212 of the Department's Economic Regulations. Air Jamaica, the flag carrier of Jamaica, currently holds a foreign air carrier permit which authorizes it, among other things, to provide scheduled foreign air transportation of persons, property, and mail between points in Jamaica and the following coterminal points: Atlanta, Georgia; Baltimore, Maryland/Washington, D.C.; Boston, Massachusetts; Chicago, Illinois; Houston, Texas; Los Angeles, California; Miami, Florida; New York, New York; Orlando, Florida; and Philadelphia, Pennsylvania. See Order 89-3-74, as amended by Order 91-8-6, Notice of Action Taken in Docket OST- 2000-7787, dated Oct. 16, 2000, and Notice of Action Taken in Docket OST-2001-8733, dated Feb. 5, 2001. Air Jamaica is presently serving each of these U.S. points. In addition to this permit, Air Jamaica holds exemptions that authorize it to provide service between a number of points in the United States, on the one hand, and points in Jamaica and other Caribbean islands, on the other. Air Jamaica serves some of its exemption markets directly and serves others on a code-share basis with Delta Air Lines. Counsel: Hogan & Hartson, George Carneal, 202-637-6546/5762, gucarneal@hhlaw.com OST-00-8299 - Exemption - Japan-US February 2, 2004 Application for Renewal of Exemption Hereby requests a renewal of its exemption from 49 U.S.C. § 41301 granted in this docket. AJX requests a renewal of the exemption for not less than a one-year period. On October 8, 2003, the Department granted AJX ' s request to amend its exemption authority "to the extent necessary to enable Air Japan to provide U.S. carrier code-share services on flights operated by Air Japan between points in Japan and points beyond Japan, in connection with U.S. carrier services between the United States and points beyond Japan, via Japan." Notice of Action Taken, October 8, 2003. This authority was made "coextensive with AJX' s underlying authority in this docket." AJX's exemption authority, as amended, expires on March 17, 2004. Counsel: Zuckert Scoutt, Charles Simpson, 202-298-8660 Essential Air Service at Athens, Georgia February 2, 2004 Re: Air Midwest Codeshare with US Airways Please accept the following letter in reference to the status of theAir Midwest/US Airways code-share relationship in the Athens-Charlotte market. As the attached letter demonstrates, Air Midwest continues toenjoy the code-share relationship with US Airways in the Athens market. By: Brian Gillamn Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and Yakutat, Alaska Letters in Support of Alaska Airlines
Essential Air Service at Glasgow, Glendive, Havre, Lewistown, Miles City, Sidney, and Wolf Point, Montana Letters in Support of Big Sky Evergreen International Airlines, Inc. OST-00-7294 - US-Argentina All Cargo Filed January 13, 2004 | Issued February 3, 2004 Scheduled foreign air transportation of property and mail from points behind the United States, via the United States and intermediate points, to a point or points in Argentina and beyond; and between Argentina and any point or points. Evergreen also requests approval to integrate this authority with Evergreen’s other certificate and exemption authority and to commingle traffic on services conducted pursuant to such authority. By: Paul Gretch International Air Transport Association OST-04-17031 February 3, 2004 Application for Approval of Agreements PTC COMP 1121 dated 6 February 2004 Mail Vote 349 - Resolution 011a (Amending) Mileage Manual Non-TC Member/Non-IATA Carrier Sectors Intended effective date: 16 February2004 (for implementation 1 April 2004) Counsel: IATA, David O'Connor, 202-293-9292 Order 04-2-4 Issued and Served February 3, 2004 Thus, by failing to state the full price of the fare that a consumer must pay or to comply with the Department’s enforcement case precedent regarding full fare advertising, JetBlue violated 14 CFR 399.84 and engaged in an unfair and deceptive practice in violation of 49 U.S.C. § 41712. Under 49 U.S.C. § 46301, JetBlue is subject to civil penalties of up to $2,500 for each violation of this regulation and statutory provision and $2,500 for each day each such violation continues. JetBlue consents to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 and 14 CFR 399.84, and to the assessment of $25,000 in compromise of potential civil penalties. Of that amount, $12,500 is due and payable within 15 days of the date of service of this order and the remaining $12,500 will be forgiven if JetBlue does not violate this consent order for a period of one year from the date of its entry. By: Rosalind Knapp Special Rules for Ronald Reagan Washington National Airport (Beyond-Perimeter Slot Exemptions)
February 3, 2004 Reply Comments of Aloha Airlines and Motion for Leave to File Alaska Airlines, Inc. in its January 23, 2004 comments raised certain questions regarding Aloha's abilityto operate its two roundtrip DCA‑SNA‑Honolulu pattern of service. Alaska questioned Aloha's ability to be awarded a DCA exemption for its 12:25 a.m. arrival, and to receive SNA slots for one of its two roundtrips." Aloha takes this opportunity to respond to these inaccurate and unfounded statements and innuendo. In as much as within-perimeter services are allowed to operate into DCA after 10:00 p.m. if they meet the DCA nighttime noise curfew, Aloha cannot believe that Congress in § 41718(c) intended to prohibit similar arrivals by aircraft such as Aloha's and Delta's that meet the DCA nighttime noise curfew when arriving from beyond perimeter cities. Indeed, there is nothing in the Vision-100 legislative history that suggests Congress considered this issue one way or the other when it expanded the number of beyond-perimeter § 41718(a) exemptions by 12 last year. To be sure Aloha could have adjusted its second DCA arrival by 150 minutes so that the flight arrives in DCA at 9: 55 p.m. But that is not Aloha's proposal. Aloha has proposed to offer a second eastbound flight that enables Hawaii's citizens to reap the benefits of "same day" service to the Nation's Capital. Under Aloha's schedule, a traveler can board the Aloha flight early morning (7:15 a.m.) in Honolulu and arrive in DCA a little after 12 midnight the same day. This allows U.S. citizens that reside in Hawaii to get a night's sleep in Washington, and be ready for a full day's business in the Nation's Capital the following day. Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305
February 3, 2004 Response of Frontier Airlines to United Airlines and Motion for Leave Frontier Airlines, Inc. hereby responds to United Airlines, Inc.'s Motion for Leave to File and Response. It is apparently difficult for United to accept competition. In its filing, United claims that its comparison of the number of both carriers' online connections at DEN was "fair and consistent." While United believes it was "fair and consistent", it did not fairly portray connecting service. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7500, epfaberman@uhlaw.com Special Rules for Ronald Reagan Washington National Airport (Within-Perimeter Slot Exemptions)
February 2, 2004 Response of AirTran Airways to Spirit Airlines Contingent Reply and Motion for Leave to File Spirit states that AirTran claimed that the Ronald Reagan Washington National Airport - Hartsfield-Jackson Atlanta International Airport and DCA-Detroit Metropolitan Wayne County Airport fares were "the same." AirTran's comment was that the fares were "approximately the same." "Approximately" is not the "same". In support of its argument, Spirit includes an Exhibit which lists Baltimore/Washington International Airport and Washington Dulles International Airport fares to DTW. Washington- Atlanta fares dropped when AirTran initiated BWI and TAD service. As AirTran noted, if Spirit served either TAD or BWI, Washington area DTW fares would also be lower. By deciding not to serve either TAD or BWT, Spirit has allowed the DTW fares to remain higher than markets in which some competition exists. Spirit also claims that, AirTran "unceremoniously dumped its previously‑pending bid for Akron‑DCA slots." That was a separate proceeding that was not concluded by the Department and instead was combined in this proceeding. AirTran made its application in this proceeding based upon all of the slots to be allocated. Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7501, epfaberman@uhlaw.com
February 3, 2004 Second Motion to Strike of Spirit Airlines Once again, AirTran has flouted the Department's procedures by filing yesterday yet another unauthorized pleading in support of its Application for inside‑perimeter slots at Washington Reagan National Airport. In this case, AirTran did not even engage in the pretense of seeking Departmental leave to file this document. Spirit hereby requests that the Department strike that document from the record. Believing that enough is enough, Spirit will not here attack each of AirTran's assertions other to note that, despite AirTran's claims to the contrary, prevailing fares in the DCA‑Atlanta and DCA‑Detroit market are neither "the same" nor "approximately the same." Average market fares of $234 (DCA‑Detroit) vs. $173 (DCA‑Atlanta) are, to use a colloquialism, not even in the same zip code. Adjusting for differences in stage length (something AirTran apparently is loath to do) yields in these respective markets are 58 cents vs. 31 cents. Moreover, if this were not the fourth round of pleadings, Spirit would note that the "network" benefits AirTran touts are largely illusory, as more than half the markets AirTran claims it would supposedly serve on a connecting basis via Atlanta already enjoy superior nonstop service to DCA.* Counsel: Garfinkle Wang, Anita Mosner, 703-294-5890 US Passenger Carriers / American Airlines, Inc. OST-03-15021 - Waiver of the Formancy Condition on Limited-Entry Route Authority February 3, 2004 Notice of American Airlines of Intent to Use Frequencies and Application for Limited Dormancy Waiver Hereby gives notice of intent to use two weekly frequencies in order to increase its nonstop service between Miami and Medellin, Colombia from five days a week to daily, effective June 15, 2004. American presently operates nonstop service between Miami and Medellin on Monday, Thursday, Friday, Saturday, and Sunday. Effective June 15, 2004, American will add nonstop service on Tuesday and Wednesday. American serves the route with 188‑seat B757‑200 aircraft (22F/166Y), providing substan–tial benefits in the local market as well as in dozens of on–line beyond markets served through American's Miami hub. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
US Passenger Carriers / Delta Air Lines, Inc. OST-03-15021 - Waiver of the Formancy Condition on Limited-Entry Route Authority February 3, 2004 Re: Clarification of Delta Air Lines On January 27, 2004, Delta informed the Department of its plans to resume daily nonstop service on the Atlanta-Buenos Aires route, commencing December 1, 2004. Delta also requested an interim dormancy waiver in order to accommodate the planned start date. No objections were received from any carrier, and the Department granted Delta's request by Notice of Action Taken, dated January 30, 2004. While it is clear that the Department intended to allow Delta to begin service on December 1, footnote 1 of the NOAT could be read to imply that all of Delta's frequencies must be operated prior to December 1. Delta is proceeding in accordance with its announced and DOT approved service plans to begin daily service on December 1. However, the Department may deem it advisable to clarify the language of footnote 1 to more accurately reflect what was requested and approved. Counsel: Shaw Pittman, Alexander Van der Bellen, 202-683-8382, sascha.vanderbellen@shawpittman.com The Wendell H. Ford Ford Aviation Investment and Reform Act for the 21st Century OST-00-7176 - Interim Slot Rules at LaGuardia Airport February 2, 2004 Certification of Midwest Airlines Commencing April 4, 2004, it intends to utilize two slot exemptions at New York LaGuardia Airport to operate a daily roundtrip flight between LaGuardia and Milwaukee, Wisconsin. These two slot exemptions were awarded to Midwest by Federal Aviation Administration lottery on January 8, 2004.
Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com |
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