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OST Docket Filings for February 6, 2004

Updated: 2/9/04 | 1:36 PM


Applications and Renewals:

Aereosaba - Mexican Taxi Renewal

American Eagle Airlines - Form 41 Motion

US Airways - US-Aruba / Boston/New York/Washington-Nassau / Charlotte/Washington-Bermuda Renewals

Varig Log - Brazil-US Scheduled All-Cargo - Foreign Air Carrier Permit and Exemption

Westjet - Canada-US Renewal

Answers and Replies:

American - Los Angeles-Tokyo Polling Letter

Special Rules for Reagan Washington (Beyond-perimeter) - Letters in Support of American/Delta/United/US Airways

Special Rules for Reagan Washington (Within-Perimeter) - Letters in Support of Spirit / Primaris

Notices of Action Taken:

Aerofrisco - Mexican Taxi Renewal

Arkia Israel - Israel-US Charters

IATA

Sun D'or International - Amend Israel-US Charter Exemption

Notices and Orders:

EAS at Escanaba, MI - Extending Service Obligation

EAS at Lafayette, IN - Allowing Suspension of Service

TFI Tours International - Consent Order




Aerofrisco, S.A. de C.V.

OST-99-5528 - Mexico-US Charter Air Transportation

Filed: January 20, 2004 | Issued: February 6, 2004

Notice of Action Taken

By: Paul Gretch

Index


Aereosaba, S.A. de C.V

OST-99-5571 - Mexico-US Charter Air Transportation

February 6, 2004

Application for Renewal of Exemption Authority

Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538

Index


American Eagle Airlines, Inc.

OST-95-569 - Confidental Treatment Under Rule 12 (Form 41, Schedule B-7)

February 4, 2004

Motion for Confidential Treatment

Counsel: American Eagle, Carl Nelson, Jr., 202-496-5647, carl.nelson@aa.com

Index


Arkia Israel Airlines, Ltd.

OST-03-16784 - Israel-US Passenger Charters

Filed: December 22, 2003 | Issued: February 6, 2004

Notice of Action Taken | Word

Exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons, property and mail between any point or points in Israel, on the one hand, and any point or points in the United States, on the other hand, either directly or via intermediate points, and beyond for the carriage of stopover or transiting traffic only.

By: Paul Gretch

Index


Essential Air Service at Escanaba, Michigan

Order 04-2-3
OST-03-15128

February 5, 2004

Order Extending Service Obligation

Although we have received proposals, 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 Skyway's service obligation at Escanaba for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first.

By: Karan Bhatia

Index


Essential Air Service at Lafayette, Indiana

Order 04-1-24
OST-04-16915

February 3, 2004

Order Allowing Suspension of Service

By this order, the Department is allowing Corporate Airlines, Inc., d/b/a American Connection, to suspend its scheduled service at Lafayette, Indiana, on less than 90 days' notice, effective February 15, 2004. On January 14, 2004, Corporate filed a 90-day notice of its intent to suspend service at Lafayette effective April 15, 2004. On January 16, the carrier submitted an amended notice requesting that the Department waive the 90-day notice and allow it to terminate service effective February 15, 2004. In response, we received a letter from the airport manager of the Purdue University (Lafayette) Airport, supporting Corporate's request for an early termination. Corporate currently operates two daily one-stop round trips a day between Lafayette and St. Louis using 19-seat Jetstream 32 aircraft.

By: Karan Bhatia

Index


International Air Transport Association


OST-04-17001

Filed January 30, 2004 | Action Date February 4, 2004

Approval of Application

By: John Kiser


OST-04-17031

Filed February 3, 2004 | Action Date February 6, 2004

Approval of Application

By: John Kiser


OST-04-17050

Filed February 4, 2004 | Action Date February 6, 2004

Approval of Application

By: John Kiser


OST-03-16721

Filed February 4, 2004 | Action Date February 4, 2004

Approval of Technical Correction to Application

By: John Kiser

Index


Special Rules for Ronald Reagan Washington Nationa Airport - Beyond-Perimeter

OST-00-7181

American Airlines:

Delta Air Lines:

United Air Lines:

US Airways:

Index


Special Rules for Ronald Reagan Washington Nationa Airport - Within-Perimeter Slot Exemptions


OST-00-7182

February 6, 2004

Re: Letters in Support of Spirit Airlines' Service Proposal

Attached are copies of letters in support of the Application of Spirit Airlines, Inc. for four (4) “inside-perimeter” slot exemptions at Washington Reagan National Airport (“DCA”) for
nonstop service to Detroit. The attached letters are those from:

  • Kwame Kilpatrick, Mayor, City of Detroit
  • U.S. Representatives Alcee Hastings, E. Clay Shaw, Jr., and Lincoln Diaz-Balart

Counsel: Garfinkle Wang, Anita Mosner, 703-522-0900


January 20, 2004

Letters in Support of Primaris by Missouri State Senate

Index


Sun D'or International Airlines

OST-03-15094 - Israel-US Passenger Charters

Filed: January 12, 2004 | Issued: February 6, 2004

Notice of Action Taken | Word

Amend existing exemption authority to the extent necessary to engage in charter foreign air transportation of persons, property and mail between any point or points in Israel, on the one hand, and any point or points in the United States, on the other hand, either directly or via intermediate points, and beyond for the carriage of stopover or transiting traffic only. Sun D’or would conduct these services only by wet leasing aircraft from a duly authorized and properly supervised U.S. or foreign air carrier.

By: Paul Gretch

Index


TFI Tours International, Ltd.

Order 04-2-5
OST-04-16943 - Violations of 49 USC 41712 and 14 CFR 399.84

Consent Order | Word

TFI failed to properly disclose the full fare, including its service fee, where applicable, for airfares advertised on its website. TFI advertised via a search feature that displayed airfares, but failed to include in the advertised fares an additional service fee that was added to certain fares, or to comply with the conditions set forth in Order 2001-12-7. TFI customers were not informed until several steps into the booking process that a service fee would be added to the advertised fare. In addition, TFI failed to properly disclose the taxes and fees for airfares advertised on its website. The TFI search results display did indicate that taxes and fees were not included in the airfares displayed to consumers; however, it did not state the amount of the taxes and fees that may properly be separately stated (such as segment fees, Passenger Facility Charges, the September 11th Security Fee and, for international destinations, additional government-imposed taxes and fees). It was not until several steps into the booking process that TFI disclosed the full fare, including all taxes and fees, to a consumer.

TFI, in order to avoid litigation and without admitting or denying the alleged violations, consents to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 and of 14 CFR 399.84, and to the assessment of $40,000 in compromise of potential civil penalties, of which $10,000 shall be paid in accordance with the schedule set forth below and $10,000 shall be offset for past expenditures to improve future compliance.

By: Rosalind Knapp

Index


US Airways, Inc.

OST-00-7341 - US-Aruba

February 5, 2004

Application for Renewal of an Exemption

Applies for renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between the United States and Aruba. US Airways operates these nonstop services from its networks at Philadelphia and Charlotte, thereby enabling US Airways to offer convenient, on-line connecting service to Aruba from a large number of communities in the eastern United States.

Counsel: US Airways, Elizabeth Lanier, 703-872-5230, elanier@usairways.com


OST-02-13854 - Boston-Nassau
OST-00-7339 - New York-Nassau
OST-02-12481 - Washington, DC-Nassau

February 5, 2004

Application for Renewal of an Exemption

Applies for renewal of its exemptions to engage in scheduled foreign air transportation of persons, property, and mail between Boston, Massachusetts, and Nassau, Bahamas (Docket OST-02-13854, NOAT issued December 4, 2002), between New York (LGA), New York, and Nassau, Bahamas (Docket OST-00-7339, NOAT issued April 15, 2002), and between Washington, DC, and Nassau, Bahamas (Docket OST-02-12481, NOAT issued July 3, 2002). In addition, US Airways requests that the Department give these three exemption authorities a common expiration date, and, to the extent permitted, consolidate these Nassau exemption authorities into one of these dockets.

US Airways currently operates service or plans to resume service in each of these markets using Airbus and/or Boeing aircraft.

With this renewal application, US Airways seeks to renew these exemption authorities and further requests that the Department establish a common expiration date for them. Furthermore, to the extent possible, US Airways requests that its Nassau exemption authorities be consolidated into one docket. Establishing a common expiration date for these Nassau exemption authorities and further consolidating them in a single docket would facilitate the administration and processing of US Airways' Nassau exemption authorities for the Department as well as US Airways. It would also obviate the need for multiple renewal filings.

Counsel: US Airways, Elizabeth Lanier, 703-872-5230, elanier@usairways.com


OST-01-11152 - Washington, DC-Bermuda
OST-96-1839 - Charlotte-Bermuda

February 5, 2004

Application for Renewal of Exemption

Applies for renewal of its exemptions to engage in scheduled foreign air transportation of persons, property, and mail between Washington, DC, and Bermuda (Docket OST-01-11152, NOAT issued April 18, 2002), and between Charlotte, NC, and Bermuda (Docket OST-96-1839, NOAT issued July 22, 2002). In addition, US Airways requests that the Department give these two exemption authorities a common expiration date to run concurrently with its other Bermuda exemption authority (Docket OST-03-14671, NOAT issued March 18, 2003 (FLL-BDA)), and, to the extent permitted, consolidate these Bermuda exemption authorities into one of these dockets.

Counsel: US Airways, Elizabeth Lanier, 703-872-5230, elanier@usairways.com

Index


US Passenger Carriers / American Airlines, Inc.

OST-03-15021 - Waiver of the Formancy Condition on Limited-Entry Route Authority
OST-02-12554 - Los Angeles-Tokyo

February 6, 2004

Re: Polling Results

American Airlines, Inc. has polled all parties served with our application of February 5, 2004 for limited dormancy waiver (Los Angeles‑Tokyo), and there are no objections. We accordingly request expedited approval.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

Index


Varig Logistica S.A. d/b/a Varig Log


OST-04-17064 - Foreign Air Carrier Permit - Brazil-US Scheduled All-Cargo

February 5, 2004

Application for a Foreign Air Carrier Permit

VARIG LOG intends to initiate operations by conducting service from a point or points in Brazil, via intermediate points, to Miami, with a minimum of two weekly frequencies or as many additional frequencies for which it may receive authority to conduct such operations. VARIG LOG seeks authority to operate scheduled, non-scheduled, and charter cargo service.

VARIG LOG was established as an independent operating entity from the divestiture of VARIG S.A. of its cargo operations. VARIG LOG recorded gross revenues of approximately U.S.$433 million in 2002 and US$298 million from January through September 2003. The divestiture resulted in the formation of Applicant with a focus on exploring all business opportunities derived from integrated logistics and parcel cargo activities. VARIG LOG is headed by a management team with extensive experience in operations and marketing in the cargo sector and who were responsible for the implementation of two similar projects in the Brazilian integrated logistic/express parcel cargo segment. VARIG LOG has been operating successfully and safely within Brazil since August 2000 under its domestic authority.

VARIG LOG was founded in August 2000 as a Brazilian corporation known as a sociedad anonima. It has two stockholders: VARIG S. A. (Viaçao Aerea Rio-Grandense ), also known as Varig Brazilian Airlines, which holds 99% of the stock and FRB - Par Investimentos Ltda., which holds 1%. Both stockholders are Brazilian corporations.

Exhibits

Counsel: Holland & Knight, George Mencio, 305-374-8500

Web Site: http://www.variglog.com/ingles/index.htm


OST-04-17064 - Foreign Air Carrier Permit - Brazil-US Scheduled All-Cargo

February 5, 2004

Motion for Confidential Treatment

Index of Documents to be Withheld:

Exhibit LC-9 - A four-page summary and signed verification statement of VARIG LOG's financial accounts, including a balance sheet showing assets and liabilities, as well  as profit and loss statement for the years 2001 and 2002.

Exhibit LC-10 - A one-page proforma profit and loss statement and traffic projection for VARIG LOG's operations to the United States for the year 2004.

Counsel: Holland & Knight, George Mencio, 305-374-8500


OST-04-17065 - Exemption - Brazil-US Scheduled All-Cargo

February 5, 2004

Application for an Exemption

Requests the Department of Transportation for the grant of an exemption from 49 U.S.C. § 41301 to the extent required to enable Applicant to engage in scheduled air transportation of property and mail between any point or points in Brazil and any point or points in the United States on any and all routes authorized pursuant to the Agreement between the Government of the United States of America and the Government of the Federative Republic of Brazil on Air Transport, as amended.

Counsel: Holland & Knight, George Mencio, 305-374-8500

Web Site: http://www.variglog.com/ingles/index.htm

Index


Westjet Airlines, Inc.

OST-01-11158 - Ememption from 49 U.S.C. 41301 pursuant to 49 U.C.S. 40109

February 6, 2004

Application for Renewal of Exemption

Continuing WestJet's authority to serve the U.S. will provide public benefits, by maintaining and allowing increased access to WestJet's innovative, low-cost, high quality service to business and leisure travelers in both Canada and the United States.

By application dated December 11, 2001, WestJet Airlines Ltd. filed an application pursuant to 49 U.S.C. § 41303 for transfer of its foreign air carrier permit to "WestJet," explaining that it sought the transfer in connection with a corporate reorganization. That reorganization is described in detail in Docket OST-2001-11156. When it filed the application for permit transfer described above, WestJet also filed an application for an exemption in this docket. The Department granted the exemption application by Notice of Action Taken in this docket dated December 28, 2001, authorizing WestJet to conduct: 1) scheduled, combination services between any point or points in Canada and any point or points in the United States; and 2) charter operations between Canada and the United States, and other charters

Counsel: Garofalo, Don Hainbach, 202-776-3970

Index


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