OST Docket Filings for March 1, 2004
Updated:
| Applications and Renewals:
AeroContinente - Peru-US Scheduled Combination Renewal Aeromexico - San Jose del Cabo-Ontario Renewal IATA - Approval of Agreements (Mexico) Lufthansa and US Airways - Charlotte-Munich Codeshare Notice Pan American - US-Costa Rica Services Renewal United - US-New Zealand Code Sharing (Notice of United - Chicago-Honolulu) US Airways - Amend Fort Lauderdale-Cancun Answers and Replies: American - Joint Motion for Approval of Proposed Settlement Agreement Delta - Answer of Continental (Conclusion of Seasonal Service) EAS at Crescent City, CA - Requests for Extension to Provide Proposal / Letter from Eric Christensen EAS at Montana Communities - Ex Parte Letter to Max Baucus Intra-Alaska Mail Rates - Objection of Hageland Aviation / Objection of Consolidated Carriers and Motion to Rescind / Ex Parte Letter to the Honorable Daniel Akaka Northwest - Answer to Electronic Privacy Information Center SatoTravel - Motion for Extension of Time in Which to File an Answer to Enforcement Complaint Special Rules at Reagan Washington National (Beyond-Perimeter) - DCA Slots Message from Representative for Alaska Airlines / Ex Parte Letter to the Honorable Calvin K.Y. Say / Ex Parte Communication with David Russell Special Rules at Reagan Washington National (Within-Perimeter) Ex Parte Letters / Congressional Letter in Support of US Airways / Reply Midwest Airlines to Primaris Notices of Action Taken: Servicios Aereos - Mexican Taxi Renewal Transpais Aereo - Mexican Taxi Renewal Westjet - Canada-US Renewal Notices and Orders: See American (Proposed Consent Order Attached - Will Update with Actual Consent Order When Available) Family Assistance Plans: |
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OST-98-4292 - Exemption and Foreign Air Carrier Permit, Lima-Miami March 1, 2004 Application for Renewal of Exemption Authority AeroContinente has been successfully operating U.S. ‑ Peru scheduled combination services on a variety of routes using Boeing B‑767‑200 equipment. AeroContinente continues to be fit, willing and able to operate the scheduled services referred to herein. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com Aerovias de Mexico, S.A. de C.V. OST-03-14290 - San Jose del Cabo-Ontario February 27, 2004 Application for Renewal of Exemption By this application, Aeromexico seeks renewal of its exemption authority to provide service between San Jose del Cabo and Ontario. The authority was granted by Notice of Action Taken, dated March 27, 2003, and will expire on March 26, 2004. Aeromexico currently is operating three weekly round trips on the route with MD‑80 Series aircraft. The public has responded well to the service and Aeromexico desires to continue that service for an additional year. In addition, Aeromexico carries the two– letter designator code of Delta Air Lines, Inc., which permits Delta to offer competitive alternatives to the traveling public. Counsel: Piper Rudnick, William Evans, 202-861-6459 OST-03-15046 - Enforcement Proceeding February 27, 2004 Joint Motion for Approval of Proposed Settlement Agreement Without admitting the alleged violations, American agrees to the terms of the proposed consent order to avoid protracted litigation. The Deputy General Counsel agrees to the compromise specified in the proposed consent order and recommends the settlement be approved as in the public interest. Neither party intends to submit additional written comments regarding the settlement as permitted under 14 CFR 302.417(b). Both parties, therefore, jointly move that the settlement embodied in the attached proposed consent order be approved under 14 CFR 302.417(c). From Proposed Consent Order: We order American Airlines, Inc., and its successors and assigns to provide civil rights training to its flight and cabin crewmembers and passenger service representatives. The total cost of the training shall be no less than $1.5 million and shall be expended by a date three years after the service date of the order. Upon the completion of that training, and in no event later than the 14 months after the service date of this order and every 12 months thereafter for two subsequent years, American shall submit a sworn statement from an appropriate company official certifying that all flight and cabin crewmembers and passenger service agents have received the civil rights training required under this order. Counsel: Zuckert Scoutt, Frank Costello, 202-298-8660, fjcostello@zsrlaw.com OST-04-17082 - Precautionary Ninety Day Notice of Consclusion of Seasonal Service March 1, 2004 Continental urges the Department to dismiss Delta's precautionary notice and establish firmly that suspension notices are not required with respect to seasonal services. Like Delta, Continental will be terminating its services at Aspen/Eagle/Vail and Steamboat Springs/Hayden/Craig at the end of the winter ski season as Continental, Delta and other carriers have done for years without submitting notices. To avoid the problem experienced in Greenbrier/White Sulphur Springs/Lewisburg (Order 2003-9-21), the Department should require carriers terminating year-round service at a point to eliminate seasonal services from their calculations in determining whether a notice is actually required; to indicate which, if any, of the services at the relevant point are seasonal if a notice is required; and to exclude seasonal flights from information provided to the Department on flights remaining at the point after the notifying carrier's termination Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2615 Essential Air Service at Crescent City, California OST-97-2649 - Skywest Airlines-EAS-Crescent City
March 1, 2004 By Order 2004‑1‑20, the Department requested proposals for essential air service (EAS) at Crescent City, California. Proposals were due March 1, 2004. By letter dated March 1, 2004, SkyWest Airlines, dlb/a United Express, requested a two‑week extension (March 15, 2004) to submit a proposal to provide EAS at Crescent City, California, and we are hereby granting that request. By: Dennis Devany
March 1, 2004 Re: CEC (Crescent City, California) Proposal By: Eric Christensen Essential Air Service at Montana Communities OST-97-2605 - Glasgow, Glendive, Havre, Lewistown, Miles City, Sidney, Wolf Point, Montana February 17, 2004 Re: Ex Parte Letter to Max Baucus By: Karan Bhatia International Air Transport Association OST-04-17219 March 1, 2004 Application for Approval of Agreements PTC12 MEX-EUR 0064 dated 13 February 04, PTC12 MEX-EUR 0065 dated 27 February 04, PTC12 MEX-EUR Fares 0027 dated 13 Febraury 04, North Atlantic Mexico-Europe Resolutions for intended effective date 01 May 04 Counsel: IATA, David O'Connor, 202-293-9292 Intra-Alaska Class Service Mail Rates OST-03-14694 - Bush Mail Rates
February 18, 2004 Re: Ex Parte Letter to the Honorable Daniel Akaka By: Karan Bhatia
February 27, 2004 Objection of Hageland Aviation to Order 2004-2-12 Establishing Part 121 Bush Passengers Mail Rates According to Order 2004-2-12, the Department used T-100 and F-2 reported data from all of the identified Part 121 bush passenger aircraft operated by Penair, ERA, and Frontier. The Department made no distinction over what kind of routes these aircraft were operated. In doing so, the Department has not sufficiently identified the operations of "121 bush passenger carriers" as defined in the law, namely, to distinguish the operations of 121 bush passenger aircraft that occur on "bush routes", i.e. routes over which only a bush carrier is tendered mail. By: Michael Hageland
February 27, 2004 Objection of Consolidated Carriers to Order 2004-2-12 and Motion to Rescind | Word On legal and procedural grounds, the Order is deficient and must be rescinded. The rate and its rationale are contrary to Title 49 of the U.S. Code, circumvent certain requirements of Rule 701 et seq of the Department's Rule of Practice, and contradict the specific requirements of the U.S. Postal Service in its P0-508 procedures. Under its terms, carriers may freely engage in deceptive and unfair business practices as dand other laws and regulations, those contradictions cannot be used to impose rates which cannot be applied within the common meaning of all laws and regulations.efined by the Act. While there are specific legal contradictions between the R.S.I.A. and Title 49 By: MTC, Hank Myers, 425-641-8243, hank@mtcworld.com OST-98-3304 - Foreign Family Assistance Plan March 1, 2004 Re: Amended Family Assistance Plan Counsel: Sher & Blackwell, Mark Atwood, 202-463-2500 OST-98-3304 - Family Assistance Plans March 1, 2004 By: Daan Nijland OST-03-15946 - US-Germany Codesharing February 27, 2004 Re: 30-Day Notice of US Airways and Lufthansa Pursuant to the blanket statement of authorization issued in this docket, US Airways and Lufthansa hereby notify the Department that, commencing March 28, 2004, US Airways will begin code sharing on Lufthansa's daily nonstop services between Charlotte and Munich, Germany. These code‑share services are consistent with the U.S.‑Germany Air Transport Agreement. Counsel: Wilmer Cutler, David Heffernan, 202-63-6000 OST-98-3304 - Family Assistance Plans March 1, 2004 By: Dennis Ofstedahl MN Airlines d/b/a Sun Country Airlines OST-96-1960 - Family Assistance Plans February 26, 2004 Re: Amended Family Assistance Plan By: Tone Loeks OST-96-1960 - Family Assistance Plans March 1, 2004 Re: Aviation Disaster Family Assistance Plan Counsel: Sher & Blackwell, Mark Atwood, 202-463-2500
OST-04-16939 - Passenger Screening Data February 27, 2004 The Electronic Privacy Information Center in its January 20, 2004 complaint alleges that, in the aftermath of September 11, 2001, it was "unfair" or "deceptive" for Northwest Airlines to use the information that passengers voluntarily provide when they purchase travel, as part of a controlled, government-sponsored study of how computer processing of such information might improve public safety on airlines. The Minnesota Civil Liberties Union essentially echoes these charges in its complaint of January 29, 2004. The research opportunity presented to Northwest Airlines by NASA's Ames Research Center in the wake of the worst terrorist attacks in national history (attacks which are not even referenced in EPIC's complaint) was an appropriate instance of industry and government cooperation that was necessary and widespread in response to the terrorism of September 11. The complaints are disturbingly lacking in context, and the legal claims are meritless. Northwest Airlines categorically denies that its actions were "unfair," "deceptive," or in any manner violated 49 U.S.C. § 41712, for the following reasons: Counsel: Kirkland & Ellis, Eric Wolff, 202-879-5000
OST-96-1960 - Family Assistance Plans March 1, 2004 Re: Amended Family Assistance Plan By: Scott Ramsey Pacific Wings Airlines Limited OST-96-1960 - Family Assistance Plans February 19, 2004 By: Franklin Ford, Jr. OST-02-12160 - US-Costa Rica Scheduled Services March 1, 2004 Application for Renewal of Exemption Pan Am operates no scheduled service between points in the U.S. and Costa Rica. Pan Am and/or its affiliated sister carrier, Boston‑Maine Airways Corp, d/b/a Pan Am Clipper Connection, plan to resume service to San Jose, Costa Rica when traffic conditions warrant. Counsel: Zuckert Scoutt, Nathaniel Breed, Jr., 202-973-7919, npbreed@zsrlaw.com OST-04-17124 - Violations of 14 CFR Part 257 and 49 USC 41712 February 27, 2004 Motion for Extension of Time in which to File an Answer to Enforcement Complaint Pursuant to Rule 408 of the Department’s Rules of Practice, Scheduled Airlines Traffic Offices, Inc., d/b/a SatoTravel requests a 2 1 -day extension, until March 24,2004, in which to file its answer in the captioned proceeding. The Deputy Assistant General Counsel for Aviation Enforcement and Proceedings has authorized SatoTravel to state that his office does not object tothe extension. Counsel: Zuckert Scoutt, Frank Costello, 202-298-8660, fjcostello@zsrlaw.com Servicios Aereos Ilsa, S.A. de C.V. OST-96-1959 - Mexico-US Charter Filed: February 12, 2004 | Issued: March 1, 2004 By: Paul Gretch OST-98-3304 - Family Assistance Plans February 19, 2004 By: Mathew Samuel Special Rules at Reagan Washington National Airport (Beyond-Perimeter Slots)
February 24, 2004 Re: Ex Parte Letter to the honorable Calvin K.Y. Say By: Karan Bhatia
February 26, 2004 Re: DCA Slots Message from Representative for Alaska Airlines By: Jack Ferguson
March 1, 2004 Re: Ex Parte Communication with David Russell By: Karan Bhatia Special Rules for Reagan Washington National Airport (Within-Perimeter Slots)
March 1, 2004 Reply of Midwest Airlines to the Primaris Supplemental Comments While claiming to have updated the Department as to the applicant's status, in fact, Primaris' Supplemental Comments simply verify that which the other applicants have already noted in their respective Consolidated Comments on the Prirnaris Application, and that is that the applicant is not yet fully certificated or funded and this situation has not changed since Primaris filed its Application with the DOT on January 9, 2004. Specifically, Primaris' status as now "updated" by the applicant with respect to certain key milestones and accomplishments has not changed one iota when comparing the statements offered by the nonoperating entity in its January 9, 2004 Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300
February 9, 2004 Re: The Honorable Kenneth McClintock Letter in Support of US Airways By: Kenneth McClintock
February 24, 2004 Re: Ex Parte Letter to Edward Thomas By: Karan Bhatia
February 24, 2004 Re: Ex Parte Letter to the Honorable Mari Carmen Aponte By: Karan Bhatia
OST-96-1960 - Family Assistance Plans February 16, 2004 Re: Amended Family Assistance Plan By: Mary Hines OST-96-1912 - US-Mexico Air Charter Transportation Filed: February 12, 2004 | Issued: March 1, 2004 By: Paul Gretch United Air Lines, Inc. and Air New Zealand Limited OST-99-6013 - US-New Zealand Codesharing March 1, 2004 United hereby notifies the Department that ANZ's "NZ*" designator code will be placed on flights operated by United between Chicago and Honolulu, HI. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com OST-02-13855 - Exemption - Fort Lauderdale-Cancun February 27, 2004 Application to Amend an Exemption Hereby applies to amend its current exemption in this docket so that it may operate scheduled foreign air transportation between Ft. Lauderdale, Florida, and Cancun, Mexico. To the extent necessary, US Airways further requests a designation for such service, with flights beginning on or around July 17, 2004. US Airways plans to operate its service on a year-round basis commencing approximately July 17, 20042. For this service, US Airways plans to utilize Airbus A-319 aircraft, currently in its fleet, with 120-seats configured with 12F and 112Y seats. The initial service plan is for Saturday-only, but as traffic develops, US Airways anticipates adding additional frequencies. US Airways' PHI/CLT/PIT-Cancun authority was recently renewed and consolidated into Docket OST-02-13855. Counsel: US Airways, Elizabeth Lanier, 703-872-5230 OST-01-11158 - Exemption - Canada-US Filed: February 6, 2004 | Issued: March 1, 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 States, and other charters in accordance with 14 CFR Part 212. By: Paul Gretch |
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