OST Docket Filings for February 11, 2004
Updated:
| Applications and Renewals:
American Eagle Airlines - Form 41 Motion Amerijet International - Ft. Lauderdale- Cancun/Guadalajara/Merida/Mexico City; and Ft. Lauderdale- Panama City Renewal / US-Venezuela Renewal Atlantic Southeast - Atlanta-Freeport Continental and KLM - Codeshare Notice (Bologna) Delta and Air France - Codeshare Notice (Bologna) Delta and Alitalia - 30-Day Notice (Bologna) PSA Airlines - Amendment to Application (US Airways Express) Volga-Dnepr - Cape Canaveral-Moffet Field Answers and Replies: Aerodynamics - Rulings on Confidential Treatment (Old) Air Choice One - Letter from Aviation Analysis on Dormancy Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and Yakutat, Alaska - Letter in Support Reagan Washington National Slots (Within-Perimeter) - Letters in Support of AirTran/Midwest Reagan Washington National Slots (Beyond-Perimeter) - Letters in Support of Frontier Airlines 2002 US-Ecuador All-Cargo - Answers of Arrow/Atlas/FWIA/Tradewinds Airlines Notices of Action Taken: United Air Lines - Corrected Notice of Action - US-Ghana/Nigeria Notices and Orders: Aviacsa - Consent Order |
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OST-01-10985 - Certificate - Interstate Passenger
July 28, 2003 Re: Ruling on Confidential Treatment Previously, on June 10, 2003, AD! filed a request for confidential treatment under section 302.12 of our rules for information filed in Exhibit 15 in support of ADI's fitness. For the sake of brevity, we have numbered the exhibits. Specifically, confidential treatment was requested for the following documents (for identification purposes, we have assigned the page numbers noted to the following portions of Exhibit 15): By: Patricia Thomas
September 16, 2003 Re: Ruling on Confidential Treatment As we stated in our July 28, letter, it is not the Department's practice to withhold from public disclosure information regarding an applicant's pre‑operating and first‑year operating cost forecasts. However, ADI has raised valid points regarding the reasons the noted information should be granted confidential treatment in this particular case. Specifically, release of this information could negatively impact ADI's financial relationship with its corporate customer. By: Patricia Thomas February 9, 2004 Motion for Confidential Treatment Under Rule 12 Counsel: American Airlines, Car Nelson, 202-496-5647, carl.nelson@aa.com
OST-98-3383 - Ft. Lauderdale- Cancun/Guadalajara/Merida/Mexico City; and Ft. Lauderdale- Panama City February 10, 2004 Application for Renewal of an Exemption Respectfully files this application for renewal of its exemption from 49 U.S.C. § 41101 authorizing it to serve the terminal point Fort Lauderdale, Florida in addition to or as an alternative to Miami, Florida wherever it is authorized to serve Miami as a terminal point in providing scheduled foreign air transportation of freight and mail. On July 6, 2001, Amerijet filed an application to renew and amend its existing U.S.-Mexico certificate authority (Docket OST-01-10068) to, among other things, include Fort Lauderdale as a terminal point in addition to or as an alternative to Miami. The Department has not yet acted on that application and, until it does, approval of this application as it pertains to Amerijet's Fort Lauderdale-Mexico authority is essential if Amerijet is to be able to continue serving the Fort Lauderdale-Mexico market. To Amerijet's knowledge, there is no reason the Department limited Amerijet's authority in any of the foregoing markets; the limitations arose solely because of the manner in which Amerijet's applications were framed. Miami International Airport and Fort Lauderdale Hollywood International Airport are approximately twenty miles apart. Amerijet's bonded freight warehouse facility, through which it accepts and delivers shipments, is located west of Miami International. In 1997 and 1998, Amerijet determined that it should try to exploit certain commercial and operational advantages inherent in serving Fort Lauderdale in addition to or as an alternate to Miami with respect to some or all of the scheduled services it currently provides to and from Miami. Fortunately, the Department sanctioned that effort, and Amerijet was able to implement its plan. Amerijet's decision was a good one, and the results have surpassed Amerijet's expectations. Counsel: John Richardson, 202-371-2258, jrichardson@johnlrichardson.com
OST-95-557 - Exemption - US-Venezuela All-Cargo February 11, 2004 Application for Renewal of an Exemption Amerijet's services are and will continue to be provided with Boeing 727‑200 freighter aircraft presently in Amerijet's fleet or with other aircraft Amerijet may acquire in the future. Amerijet is currently providing scheduled all‑cargo service between Miami/Ft. Lauderdale and Venezuela, and it will continue to increase its scheduled services to respond to positive market conditions. Counsel: John Richardson, 202-371-2258, jrichardson@johnlrichardson.com Atlantic Southeast Airlines, Inc. OST-04-17112 - Exemption - US-Bahamas February 11, 2004 ASA is a certificated air carrier that currently provides nonstop service between Atlanta, Georgia and Freeport, Bahamas using 50-seat Canadair Regional Jet (CRJ) aircraft. ASA is authorized to engage in such small aircraft operations pursuant to 14 C.F.R. § 206.5. Beginning on or about March 14, 2004, ASA plans to operate some of its existing Atlanta-Freeport flights using recently acquired CRJ 700 aircraft as market circumstances warrant. ASA also desires the flexibility to add CRJ 700 service on other U.S.-Bahamas routes in the future. Because ASA's CRJ 700 aircraft are configured with 70 passenger seats, such flights do not qualify as small aircraft operations, and ASA requires an exemption. Delta's 'DL" designator codes will be displayed on ASA's U.S.‑Bahamas flights. Delta is authorized to provide U.S.‑Bahamas service by its Certificate of Public Convenience for Route 152, issued by Order 99‑2‑8. Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060an exemption. Order 04-2-11 February 11, 2004 This consent order concerns advertisements published by Consorcio Aviacsa S.A. de C.V. that failed to comply with the Department's rule on full fare advertising, 14 CFR 399.84. In advertisements published in several widely circulated newspapers between June and November 2003, the carrier offered fares without disclosing all taxes and fees associated with the quoted fares. Under 14 CFR 399.84 and enforcement case precedent, ad valorem excise taxes must be included in any advertised fare, while certain additional charges can be stated separately but must be disclosed. The advertisements in question therefore violated the Department rule and constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. § 41712. Aviacsa, in order to avoid litigation and without admitting or denying the alleged violations, agrees to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 and 14 CFR 399.84 in future advertisements and to an assessment of $15,000 in compromise of potential civil penalties, of which one‑half will be paid according the payment provisions described below. By: Rosalind Knapp Continental Airlines, Inc. and KLM OST-01-10880 - US-Netherlands-Third Countries Codesharing February 11, 2004 Re: Codehare Notice (Bologna) By Notice of Action taken dated November 29, 2001, the Department granted the applications of Continental' and KLM for codeshare authority. This is to notify the Department, pursuant to condition (c) of that Notice of Action Taken, that Continental and KLM intend to offer codeshare service between Amsterdam and Forli, Italy, beginning on or about May 4, 2004, due to the planned closure of the Bologna airport. Continental and KLM expect to restore Amsterdam-Bologna service when that airport re-opens. As with all Continental/KLM codeshare notices, Continental asks the Department to consider the notices of codeshare services provided by KLM as notices for both KLM and KLM Cityhopper to allow KLM to allocate service between mainline and commuter carriers in the most efficient manner and to reduce the administrative burden on Continental, KLM and the Department as schedules change. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615 Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc. and Comair and Alitalia-Linee Aeree Italiane-S.p.A. and Alitalia Express S.p.A. OST-01-10417 - Blanket Statements of Authorization (US-Italy Open Skies Codesharing) February 11, 2004 30-Day Notice of Delta Air Lines and Alitalia Pursuant to the blanket statement of authorization approved by the Department in the above‑captioned docket, Delta and Alitalia hereby inform the Department that, due to the planned temporary closure of the Bologna (BLQ) airport, Delta plans to begin offering codeshare service on Alitalia flights to Rimini, Italy (RMI) in lieu of BLQ on or about May 2, 2004. The carriers intend to resume service to BLQ upon completion of the scheduled construction activities at that airport. Counsel: Zuckert Scoutt, Richard Mathias, 202-298-8660 for Alitalia / Delta and Shaw Pittman, Robert Cohn, 202-663-8060 Delta Air Lines, Inc. and Societe Air France OST-00-6939 - Statements of Authorization - US-France Blanket Codesharing Re: Notice Regarding Bologna Codeshare Service On January 27, 2004, pursuant to the blanket statement of authorization granted to Delta and Air France in the captioned docket, Delta and Air France informed the Department that due to the planned closure of the Bologna (BLQ) airport, Delta planned to begin offering codeshare service on Air France flights to Rimini (RMI) in lieu of BLQ on or about May 2, 2004. The carriers wish to clarify that they intend to resume service to BLQ upon completion of the scheduled construction activities at that airport. Counsel: Silverberg & Goldman, Michael Goldman, 202-944-3305 for Air France / Delta and Shaw Pittman, Robert Cohn, 202-663-8060 Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and Yakutat, Alaska December 18, 2003 Re: The Greater Sitka Chamber of Commerce Letter in Support of Alaska Airlines EAS By: Keith Perkins Multi-Aero, Inc. d/b/a Air Choice One OST-02-12417 - Authority to Conduct Scheduled Passenger Operations as a Commuter Air Carrier February 10, 2004 Re: Revocation for Dormancy Period to Commence Operations Acting under the authority assigned in 14 C.F.R. §385.12(b)(1), we waive the provisions of section 204.7 and grant Multi-Aero an extension until March 31, 2004, to commence actual flying operations. By: Air Carrier Fitness, Patricia Thomas PSA Airlines, Inc. d/b/a US Airways Express OST-03-16813 - Certificate of Public Convenience and Necessity -Foreign Scheduled February 10, 2004 On December 24, 2003, PSA Airlines, Inc., a commuter air carrier based in Vandalia, Ohio, filed an application in this docket for a Certificate of Public Convenience and Necessity authorizing it to engage in foreign scheduled air transportation of persons property and mail with large aircraft, operating as US Airways Express, pursuant to 49 U.S.C. § 41102, Subpart B of the Department's Procedural Regulations (14 CFR Part 302, Subpart B) and Section 204.3 of the Department's Economic Regulations (14 CFR § 204.3). PSA hereby amends that application, in accordance with 14 CFR § 201.4(e), to specify that it proposes to provide service between a point or points in the United States and a point or points in Canada. The proposed service is consistent with the 1997 Air Transport Services Agreement between the United States and Canada. Counsel: US Airways, Elizabeth Lanier Special Rules for Ronald Reagan Washington National Airport - Within-Perimeter Slots
January 21, 2004 Re: Bishop International Airport Authority Letter in Support of AirTran By: James Rice II
January 21, 2004 Re: Hartsfield-Jackson Atlanta International Airport Letter in Support of AirTran By: James Smith
January 21, 2004 Re: Kentucky Congressmen Letter in Support of AirTran By: Norman Mineta
January 21, 2004 Re: Mississippi Economic Council Letter in Support of AirTran By: Blake Wilson
February 11, 2004 Midwest requests two inside‑perimeter slot exemptions to enhance its limited pattern of existing service between Kansas City,: Missouri and DCA by operating a new midday nonstop roundtrip flight. Enclosed are letters in support of the Midwest proposal from Senators Christopher Bond and James Talent of Missouri and Senators Pat Roberts arid Sam Brownback of Kansas. Also enclosed is a letter in support from Representative Sam Graves of Missouri. These letters evidence the enthusiastic support the Midwest proposal has received from the Missouri and Kansas Congressional delegations. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300 Reagan Washington National Slots (Beyond-Perimeter) February 10, 2004 Letters in Support of Frontier Airlines Enclosed for filing in the above referenced docket, please find seven (7) letters in support of the Application of Frontier Airlines, Inc. for four of the twelve beyond-perimeter slot exemptions at Ronald Reagan Washington National Airport ("DCA") made available pursuant to the recently enacted Vision 100 - Century of Aviation Reauthorization Act, P.L. 108l76.
Counsel: Ungaretti & Harris, 202-639-7505 58 Page Letters in Support was Posted February 4th OST-99-6720 - United States-Accra, Ghana/United States-Lagos, Nigeria February 11, 2004 Corrects Notice of Action Taken dated February 10, 2004, to reflect correct filing date of 12/29/03. By: Paul Gretch
February 11, 2004 Grant of the Amerijet application would be contrary to law, fact and equity, and would not be in the public interest. It should be denied. This case has been pending before the Department of Transportation for a long time. The summary of the proceeding set out by Amerijet in its application, see paragraphs 8 and 9, failed to note that on August 22, 2003 Arrow filed an objection to the Order to Show Cause, Order 2003‑8‑11, served August 12, 2003. Arrow stated that as a matter of law the Ashbacker Doctrine' was applicable. No party to this proceeding challenged this legal concept. It remains applicable to this case and to the late‑filed Amerijet exemption application. Amerijet has provided no basis in support of its application other than the representation that grant of its application would allow it to enter the U.S.‑Ecuador market if it is otherwise unsuccessful in obtaining Arrow's operating rights to Ecuador. That does not substantiate an award to Amerijet and the denial of Arrow's application. Counsel: Lawrence Wasko, 202-331-0599, ldwasko@erols.com
February 11, 2004 Answer of Atlas Air to Application of Amerijet International for an Exemption and Allocation of Frequencies | Word Amerijet was not an applicant in the ongoing frequency assignment proceeding. In contrast to the five applicants, Amerijet did not submit a service proposal or make a public interest showing for the parties to critique and the Department to evaluate comparatively. The fact that Custom Air Transport, Inc. has withdrawn its request for three frequencies should not constitute grounds for a non-participant to enter the case at the eleventh hour and secure frequencies long sought by the participating in Order 2003-8-11, the Department tentatively decided to award all 15 available frequencies to new entrant carriers. It fully funded the frequency requests of three new entrants, including Custom Air, but not Atlas. Now that Custom Air's three tentatively assigned frequencies are available, the Department can achieve its stated objective of fostering new entry by awarding Atlas all six of the frequencies for which it applied, instead of the five tentatively awarded by the show-cause order. By taking such action, moreover, the Department will be placing Atlas on equal footing with the other new entrant applicants, which are receiving their full frequency requests. Counsel: Atlas, Russell Pommer, 202-822-9121, rpommer@atlasair.com
February 11, 2004 Florida West submits that the Department should avoid further delay in the use of these valuable operating rights by immediately making final the tentative conclusions it reached last August in Order 2003-8-11 except for the allocation of three frequencies to Custom Air Transport, Inc. ("Custom"). Those three frequencies should remain unallocated while the Department conducts any further selection proceedings that may be necessary. Florida West takes no position at this time on whether Amerijet is the appropriate carrier ultimately to receive them. Florida West submits that it is time to bring this twenty month old proceeding to a close by making final the conclusions of Order 2003-8-11 and granting U.S.- Ecuador scheduled all-cargo frequencies to Florida West and to the other two remaining applicants. Amerijet and any other interested carrier will still have an opportunity to show that they are entitled to the remaining three slots. That opportunity should come, however, in a separate proceeding. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
February 11, 2004 Answer of Tradewinds Airlines to Application of Amerijet Similarly to Amerijet, TradeWinds submits that its interest in the Ecuador market has developed recently as well. The all‑cargo market which existed in mid‑2002 when this proceeding was initiated is quite different from that which exists in early 2004. TradeWinds therefore submits that it and other interested parties should be afforded a sufficient and reasonable opportunity to evaluate whether to participate in this proceeding for allocation of the 3 frequencies which have now been unawarded for approximately five (5) months. Trade Winds wishes to advise the Department that it is also a competing potential interested investor in Arrow and has been a participant in the Arrow Bankruptcy Court proceeding in Miami. Unlike Amerijet however, if TradeWinds is successful in its acquisition of the assets of Arrow in the bankruptcy proceeding, any application by TradeWinds herein will not be necessary. It is TradeWinds understanding that the Bankruptcy Court auction scenario referred to by Anierijet in its application will be made clear by February 23, 2004. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com Volga-Dnepr J.S. Cargo Airline OST-04-17089 - Emergency Exemption - Cape Canaveral-Moffet Field February 10, 2004 Application for An Emergency Exemption Volga‑Dnepr will operate the flight on behalf of SSL as part of an effort to provide urgently needed lift to reach Moffet Field not later than the scheduled shipment date. SSL is shipping the container from Cape Canaveral in order to be able to reuse this uniquely designed equipment to accommodate subsequent satellite shipments within SSL's aggressive production and launch schedules. The payload must ship to Moffet Field no later than the established shipment date to enable SSL to reuse it to complete the final integration and launch processes. As a result, SSL stands to lose millions of dollars if the shipment does not occur on time, while only the use of Volga‑Dneprs outsized aircraft can make it possible to perform the service in question within the set schedule. Counsel: The Wicks Group, Glenn Wicks, 202-457-7790 |
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