OST Docket Filings for February 20, 2004
Updated:
| Applications and Renewals:
Air Tahiti - Amendment to Family Assistance Plan Cayman - Family Assistance Plan Continental - Revised Family Assistance Plan SkyLink - Interstate/Foreign Certificate of Public Convenience and Necessity Tatonduk - Family Assistance Plan United - Supplement to Turks & Caicos, Anguilla, BVI and Montserrat Answers and Replies: Minnesota Civil Liberties Union - Complaint Against Northwest Airlines Intra-Alaska Mail Rates - Equalization Notice of Bering Air, Inland Aviation Special Rules for Reagan Washington National (Beyond-Perimeter) - Ex-Parte Letters / Letter in Support of Frontier / Supplement No. 2 of Alaska Airlines / Alaska Airlines Correction to America West Special Rules for Reagan Washington National (Within-Perimeter) - Letters in Support of AirTran Westward - Grant of 90-Day Extension by Air Carrier Fitness Notices of Action Taken: Continental - US-Ecuador Nova Airlines - Sweden, Denmark, Norway-US Charter Renewal US Airways - Orlando-Bermuda USA 3000 - Baltimore-Bermuda Notices and Orders: None |
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OST-98-3304 - Family Assistance Plan February 16, 2004 Re: Amendment of Air Tahiti Nui's Family Assistance Plan By: Barry Zorn Brendan Airways, LLC d/b/a USA 3000 Airlines OST-04-16916 - Baltimore-Bermuda Filed January 14, 2004 | Issued February 20, 2004 Scheduled foreign air transportation of persons, property, and mail between Baltimore, Maryland and Bermuda. The State of Maryland filed an answer in support of USA 3000 Airlines’ application. By: Paul Gretch February 20, 2004 Cayman Airways Family Assistance Plan By: Cayman Airways
OST-04-16941 - US-Ecuador Combination Frequencies Filed January 20, 2004 | Issued February 20, 2004 Allocation of seven additional weekly U.S.-Ecuador combination frequencies to provide a second daily Houston-Ecuador service. Continental states that it plans to institute daily, nonstop round-trip flights between Houston and Quito and between Houston and Guayaquil on June 10, 2004. It states that it currently holds seven frequencies under which it operates a daily Houston-Quito-Guayaquil-Houston flight and that in order to institute its proposed services, it will require an additional seven frequencies. The City of Houston and the Greater Houston Partnership filed a joint answer in support of Continental’s application. By: Paul Gretch
OST-96-1960 - Family Assistance Plans Re: Revised Family Assistance Plan By: Continental, Nealan Kerwin Intra-Alaska Class Service Mail Rates OST-03-14694 - Bush Mail Rates
February 19, 2004 Equalization Notice of Bering Air | Word Bering Air, Inc., an Alaskan Air Carrier currently authorized to transport United States Mail, hereby gives notice of its intent to equalize its mail rates to the lowest lawful rate in the following markets effective February 13, 2004: 1.Nome and Savoonga 2.Nome and Gambell 3. Kotzebue and Noatak 4. Kotzebue Point Hope. By: Allen Haddadi
February 19, 2004 Equalization Notice of Inland Aviation Services | Word Inland Aviation Services, Inc. equalizes its rates to the lowest rate, or combination of rates, applicable in the markets it serves directly or by connection at an intermediate point. By: Stepehn Hill Minnesota Civil Liberties Union OST-04-16939 - Alleged Violation of 49 USC Section 41712 January 29, 2004 Re: Northwest Airlines, Inc. Privacy Practices Please find enclosed a complaint filed by the Minnesota Civil Liberties Union with the Federal trade Commission that Northwest Airlines breach of the privacy of its passengers was an unfair and deceptive practice. We believe that the Department of Transportation has analogous authority under 49 U.S.C. 6 41712 to enjoin NWA from engaging in unfair and deceptive practices. By: Charles Samuelson OST-98-3509 - Exemption - Sweden, Denmark, Norway-US Passenger Charters Filed December 11, 2003 | Issued February 20, 2004 Renew exemption from 49 U.S.C. § 41301 to conduct charter foreign air transportation of persons, property and mail between Sweden, Denmark and Norway and the United States; and other charters pursuant to 14 CFR 212 of the Department’s regulations. By: Paul Gretch
OST-04-17171 - Interstate Certificate for Public Convenience and Necessity February 20, 2004 SkyLink will offer low fare services in high density international markets, in less dense markets that have no U.S. airline service and in longer haul international markets where there is no non-stop or single U.S. airline service to the United States. It will work with LCC' s in the United States and in other regions of the world to provide low fare international services to secondary cities that cannot yet support non-stop or single plane service between the United States and foreign destinations. It will focus on routes where there are opportunities to integrate its services with cities and airports already identified as low fare points. For example, Stansted Airport near London has become a major low cost carrier airport. Baltimore is such an airport in the United States. SkyLink seeks a Certificate to operate in interstate transportation in addition to the certificate for foreign air transportation. This is to permit limited domestic operations in conjunction with its foreign air transportation business plan. SkyLink does not plan to be a domestic airline or compete in domestic markets. The legacy airlines have been withdrawing international non-stop services and withdrawing international destinations. None of the Big Six legacy airlines flies to Africa using its own aircraft. No Big Six legacy airline flies to the Arab countries in the Middle East despite a number of Open Skies Agreements and liberal arrangements. There are no legacy airline services to the countries of Eastern Europe that will shortly join the European Union. Except for Delta, no legacy airline flies to Russia or any of the countries that were formerly part of the Soviet Union. Services to many of the destinations that were formerly served in Europe have been withdrawn, except for code share services. And in the Pacific and South America, the legacy airlines are operating far fewer non-stop services to fewer non-stop destinations than previously served. One legacy airline has announced that it will withdraw many of its services to South America. It is time for new entrant airlines such as SkyLink to take up the challenge of providing low fare service to the public to take advantage of the more than 60 Open Skies Agreements and the many other liberal arrangements that the US has negotiated over the last fifteen years. SkyLink is in negotiations for wide‑body aircraft and will make a selection between Boeing and Airbus shortly. SkyLink would expect to receive its first aircraft late this year. It would expect to acquire ten additional wide‑body aircraft over the next several years either directly from the manufacturer or via one of the leasing companies that holds delivery positions on new Boeing or Airbus aircraft. At this point, SkyLink expects to receive one aircraft this year and five additional aircraft in 2005. The remaining aircraft would be delivered in 2006 or 2007. The total fleet at the completion of this phase of the business plan would be 11 wide‑body aircraft.
Counsel: SkyLink, William Kutzke, 202-257-0900 Web Site: http://skylinkairways.com/
OST-04-17172 - Foreign Certificate for Public Convenience and Necessity February 20, 2004 SkyLink seeks authority to operate foreign scheduled and charter air transportation of passengers and cargo beginning on October 1, 2004, or as soon thereafter as possible. SkyLink intends to offer scheduled and charter service, as necessary to meet market demands. The scheduled component of SkyLink' s service plan will begin as soon after receipt of its foreign scheduled air transportation certificate as marketing considerations will permit. During the short interim period between receipt of the foreign air transportation certificate and the commencement of regularly scheduled service in accordance with this application, SkyLink will operate charter service and a more limited scheduled service. SkyLink will operate as a low fare airline in scheduled foreign air transportation markets. This service will complement the growing array of domestic low fare services. SkyLink is applying for a Baltimore-Stansted route and it is applying for routes to the United Kingdom, excluding those points or airports in the United Kingdom that are limited by the existing bilateral agreement. SkyLink expects its first market to be Baltimore-Stansted, a point that is not restricted. This is an airport where there are low cost carriers already operating. The name and address of the applicant is: SkyLink Airways, Inc., 44965 Aviation Drive, Suite 205, DuIles, VA 20166. The telephone number is 800‑822‑6717. The FAX number is 415-723‑7240. Counsel: SkyLink, William Kutzke, 202-257-0900 Web Site: http://skylinkairways.com/ Special Rules for Ronald Reagan Washington National Airport - Beyond-Perimeter Slots
February 20, 2004 Alaska Airlines, Inc. does not intend to file a formal surreply to America West's reply, which attempts to refute the relevance of America West's discontinuation in June 2003 of its ColumbusDCA service and corresponding surrender of DCA slots. Although Alaska, as well as a number of other carrier applicants for beyond‑perimeter slots, did indeed point to this occurrence as bearing on America West's suitability to receive additional DCA slots, the facts most certainly speak for themselves and America West's unauthorized reply does not alter these facts. Alaska does, however, want to correct for the record the companion implication in America West's reply that America West's record of growth in the challenging post-September 11 period is somehow superior to that of Alaska's and therefore presumptively makes America West more deserving than others, including Alaska, of receiving additional beyond-perimeter slots.
Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
February 20, 2004 Supplement No. 2 of Alaska Airlines (Letters in Support) Attached to this supplement is a copy of a letter from the entire Alaska Congressional Delegation, including Senator Ted Stevens, Senator Lisa Murkowski and Representative Don Young, in support of Alaska's application to serve Seattle and Los Angeles and its request for eight slot exemptions to operate (i) two additional daily roundtrip flights between DCA and Seattle-Tacoma International Airport with continuing through-plane service to Fairbanks and seasonally to Juneau and (ii) two daily roundtrip flights between Ronald Reagan National Airport and Los Angeles International Airport. Similar support for Alaska's proposal to serve LAX has also been received from locally elected officials in southern California. These officials recognize that Alaska, unlike other applicants in this proceeding, will have a greater incentive to develop and promote its nonstop LAX-DCA service since it does not operate between Dulles or Baltimore/Washington and LAX, and will not have to rely on routing its passengers via an intermediate hub. Finally, support continues to pour in from locally elected officials in Washington and Alaska, airport officials, Alaska's own labor groups, civic groups and business leaders who recognize the significant benefits they will derive from Alaska's proposed services, which clearly are in high demand. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
February 18, 2004 Ex-Parte Letter from Secretary Mineta to Senator Daniel Akaka Alaska (HI) By: Michael Reynolds
February 18, 2004 Ex-Parte Letter from Secretary Mineta to Governor Olene Walker (Salt Lake City, UT) By: Michael Reynolds
February 18, 2004 Ex-Parte Letter from Secretary Mineta to Representative Neil Abercrombie (HI) By: Michael Reynolds
February 18, 2004 Ex-Parte Letter from Secretary Mineta to Representative Shelley Berkley (NV) By: Michael Reynolds
February 18, 2004 Ex-Parte Letter from Secretary Mineta to Senator Ted Stevens By: Michael Reynolds
February 19, 2004 Re: Letters in Support of Frontier Airlines
Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7505 Special Rules for Ronald Reagan Washington National Airport - Within-Perimeter Slots February 19, 2004 Re: Letters in Support of AirTran Airways
Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7505 February 20, 2004 Re: Submission of Amended Family Assistance Plan By: Victor Smith OST-03-16537 - Exemption - US-Turks and Caicos, Anguilla, British Virgin Islands, and Montserrat Febraury 20, 2004 Supplement to Application for Exemption Files the following supplement to clarify its application dated November 17, 2003, in the above-captioned docket: In its captioned application, United requested exemption authority to serve several U.K. islands in the West Indies. Although there were no objections and the services were all consistent with the U.S.-U.K. bilateral air services agreement, there has been no action by the Department on the exemption application. This delay by the Department is understood to be due, at least in part, to a delay in receiving clearance from the Department of Homeland Security. In order to expedite action on this application, United limits its request for immediate action to its exemption to serve Providenciales, Turks and Caicos. The balance of the application may be deferred to afford the time necessary for additional clearances. United seeks authority to serve Providenciales by code sharing on services currently operated by US Airways to that point. These services, as well as those of other U.S. earners such as Delta and American, are currently operating to and from the airport at Providenciales which has evidently received the necessary TSA clearances. United is not proposing new services to Providenciales but would merely market services under its own designator code on flights currently operated by US Airways to and from that point which have been cleared by all levels of the government. In order to expedite issuance of the authority needed by United to codeshare on US Airways services to Providenciales, United urges the Department to defer action on its request for exemption authority to serve Anguilla, Montserrat and the British Virgin Islands. United has no immediate plans to serve points on these islands and is prepared to await the normal course of clearances for their authorization. Because there is no U.S. carrier service operated to some of these islands, such as Anguilla and Montserrat, the necessary airport security clearances may be unnecessarily delaying United's authority to start offering code‑share service on US Airways' existing flights to Providenciales. Deferral of those portions of United's application not relevant to the code‑share service to Providenciales will not, in these circumstances, have any adverse affect on implementation of immediate service plans or deprive consumers of any new competitive services. Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com OST-04-16899 - Exemption - Orlando-Bermuda Filed January 9, 2004 | Issued February 20, 2004 Scheduled foreign air transportation of persons, property, and mail between Orlando, Florida, and Hamilton, Bermuda. In its application, US Airways states that that, under U.S. Route 4 of the U.S.-U.K. Air Services Agreement, U.S. carriers my serve Bermuda from several designated U.S. points. It asks that the U.S. Government substitute Orlando as an available U.S. gateway in place of one of several long-dormant U.S. gateways on the Route, stating that the dormant U.S. gateways are currently providing no public benefits. US Airways states that it proposes to commence its proposed Orlando-Bermuda service in May, 2004, using A-319 aircraft, and to conduct these operations on a seasonal basis. On January 26, 2004, United Air Lines, Inc. filed an answer to the application. United states that it does not object to US Airways’ request per se, but does oppose any request by the United States to substitute Orlando for the current Chicago gateway. We are granting this authority on an extrabilateral basis, in view of an Exchange of Letters between representatives of the United States and the United Kingdom. In that Exchange of Letters, the U.K. authorities indicated their willingness to permit US Airways to conduct the services authorized here on the basis of comity and reciprocity, in addition to those rights available to the United States under U.S. Route 4 of the U.S.-U.K. Agreement, and the U.S. authorities stated that they were prepared to allow a U.K.-designated carrier to operate between Bermuda and a U.S. gateway selected by the Government of the United Kingdom in addition to those rights available to the United Kingdom under U.K. Route 8 of that Agreement. In light of the intergovernmental exchange noted above, we need not address US Airways’ request that we substitute Orlando for an existing U.S. gateway on U.S. Route 4 of the Agreement. On February 5, 2004, US Airways filed an application in Dockets OST 2001-11152 and OST 1996-1839 to renew certain exemption authorities. In that application, US Airways asked that we consolidate a number of proceedings, including the Orlando-Bermuda proceeding before us here, into a single Docket, with a common expiration date for the authorities involved. We will act on this request of US Airways at a later date. By: Paul Gretch OST-02-14071 - Certificate of Public Convenience and Necessity - Intra-State Nebraska Commuter February 19, 2004 This responds to your letter of February 18 requesting that Westward Airways, Inc. be granted a 90-day extension of the time in which to hlfill the conditions in our Final Order 2003-4-4, served April 7, 2003, that requires Westward to commence scheduled passenger operations as a certificated air carrier within one year. The effectiveness of this authority was conditioned upon Westward’s fulfilling a number of conditions, including providing us with a copy of its Air Carrier Certificate and Operations Specifications from the Federal Aviation Administration authorizing such operations. After reviewing the information you submitted in support f an extension, and conferring with Westward's Principal Operations Inspector, we have concluded that there is good cause to grant your request. Westward now has until July 7, 2004 to commence actual flight operations. By: Air Carrier Fitness, Patrica Thomas |
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