OST Docket Filings for March 10, 2004
Updated:
| Applications and Renewals:
Aeromexico - Mexico City-Chicago Renewal / Hermosillo-Las Vegas Renewal American - US-Pakistan Renewal (Codeshare with Swiss) / US-Portugal Codeshare with TAP (Will Not Seek Renewal) / US-Nigeria Codshare with Swiss (Will Not Seek Renewal) IATA - Africa Resolution Mexicana - Mexico City/Cancun/Puerto Vallarta-Autin, Texas Renewal Mexicana and Aeromexico - Mexico-US Codeshare United - Denver-Cancun Answers and Replies: Lan Ecuador/Lan Chile - Answers of Continental and Northwest Northwest - EPIC Reply (Passenger Screening Data) Notices of Action Taken: American Eagle - Dallas/Ft. Worth-Guadalajara Notices and Orders: EAS at Merced, CA - Order Reselecting Carrier (Scenic Airlines) Northwest - Consent Order Passenger Manifest - Request for Comments - Continuing Collection of Information Family Assistance Plans: - Alphabetical Listing of Family Assistance Plans: Domestic | Foreign |
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Aerolane, Lineas Aereas Nacionales del Ecuador d/b/a Lan Ecuador OST-03-14291 - Exemption -Ecuador-US / Lan Chile Wet-Lease to Lan Ecuador
March 10, 2004 Answer of Continental Airlines to Applications for Renewals Despite issues raised by Lan Chile's extensive involvement in marketing and operating Lan Ecuador's services and Ecuador's refusal to permit Continental to place Northwest's code on its flights serving Ecuador without Northwest securing its own operating authority and U.S.‑Ecuador frequencies, the Department granted Lan Ecuador an exemption and granted Lan Chile a statement of authorization to wet‑lease aircraft to Lan Ecuador for passenger flights between Ecuador and Miami and New York. Since both codesharing and wet‑leasing are authorized by cooperative marketing agreement provisions in bilateral air transport agreements and the U.S.– Ecuador agreement authorizes neither, the U.S. must not turn its back on legitimate U.S. carrier interests and approve a further extra‑bilateral wet‑lease between Lan Chile and Lan Ecuador while U.S. carriers are precluded from offering codeshare services between the U.S. and Ecuador. The Department would blink reality if it treats the wet‑lease from Lan Chile to Lan Ecuador as a routine, arm's– length wet‑lease arrangement. Counsel: Crowell Moring, Bruce Keiner, 202-624-2615
March 10, 2004 Answer of Northwest Airlines to Renewal Applications When Lan Ecuador first applied for exemption authority and a waiver of the ownership and control provisions in the U.S‑Ecuador bilateral agreement, the Department denied those requests based on the extremely restrictive nature of the bilateral agreement with Ecuador and the substantial ownership and control of Lan Ecuador by Lan Chile and other Chilean interests.' In so doing, the Department recognized that "U.S. carriers currently have unmet operating aspirations in the U.S.‑Ecuador market, and given the restrictive nature of our relationship, U.S. carriers do not have full flexibility to respond to changing market demands in the future. Although the Department granted a subsequent Lan Ecuador application for authority to serve the U.S. and a Lan Chile application to wet‑lease combination aircraft to Lan Ecuador, the Department said it was "concerned over the code‑share issues raised by Continental and Northwest" and that it would "pursue these concerns through diplomatic channels." Ecuador, continues to be an "unmet aspiration" which prevents Northwest from responding to U.S.‑Ecuador market demands. So long as the Government of Ecuador will not permit Northwest to code‑share on Continental's flights without securing its own operating authority and U.S.‑Ecuador slots which are unavailable in sufficient number to accommodate code‑sharing on Continental's U.S‑Ecuador flights, Ecuador is effectively denying Northwest the right to enter a cooperative marketing arrangement with Continental. For this reason, the Department should deny Lan Ecuador and Lan Chile the authority to continue their cooperative working arrangement to offer U.S.‑Ecuador service. Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com Aerovias de Mexico, S.A. de C.V
OST-00-6816 - Exemption - Mexico City-Chicago March 10, 2004 Application for Renewal of Exemption Authority By this application, Aeromexico seeks renewal of its exemption authority to provide service between Mexico City and Chicago. The authority was granted by Notice of Action Taken, dated February 9, 2000, and last renewed by Notice of Action Taken dated April 14, 2003. It currently is set to expire on April 14, 2004. Aeromexico is offering daily round trip nonstop service in the Mexico City‑Chicago with MD‑87, B–737‑800 and B‑757 aircraft and it desires to continue providing such service in the future. In addition, Aeromexico is carrying the two letter designator code of Delta Air Lines, Inc. on the flights. The service being provided by Aeromexico has generated significant benefits for the traveling public and the code share arrangement has enabled Delta to offer competitive service in the market. Counsel: Piper Rudnick, William Evans, 202-861-6459, bill.evans@piperrudnick.com
OST-00-7022 - Exemption - Hermosillo-Las Vegas March 10, 2004 Application for Renewal of Exemption Authority By this exemption request, Aeromexico seeks to renew its exemption authority to engage in scheduled foreign air transportation of persons, property and mail between Hermosillo and Las Vegas. The exemption authority was last granted by Notice of Action Taken, dated April 14, 2003, and will expire on April 14, 2004. Aeromexico currently is offering daily nonstop service between Hermosillo and Las Vegas with MD‑80 and B‑737 aircraft, and it desires to renew the authority so that it can continue the service, which provides significant public benefits for travelers. In addition, Aeromexico carries the designator code of Delta Air Lines, Inc., on these flights so that the traveling public has the benefit of transportation alternatives and competition is enhanced. Counsel: Piper Rudnick, William Evans, 202-861-6459, bill.evans@piperrudnick.com Air China International Corporation OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Schnader, George Tompkins, Jr., 212-973-8040, gtompkinsjr@schnader.com OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Hogan & Hartson, Ronald Brower, 202-637-5762
OST-00-7552 - US-Pakistan Codeshare with Crossair d/b/a Swiss March 10, 2004 Application for Renewal of Exemption Hereby applies for renewal of its exemption, last renewed by Notice of Action Taken in this docket on May 29, 2002, authorizing foreign air transportation of persons, property, and mail between points in the Unites States and points in Pakistan. American proposes to use this authority to display the AA* code on flights operated by Swiss International Air Lines Ltd. between Zurich and Pakistan. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-00-7503 - Exemption - US-Portugal Codeshare with TAP Air Portugal March 10, 2004 Re: American Does Not Intend to Seek Renewal American Airlines, Inc. does not intend to seek renewal of the captioned exemption authority to serve between the U.S. and Portugal, which was granted for purposes of codesharing with TAP Air Portugal. American and TAP Air Portugal have terminated their codesharing arrangement, and accordingly we have no need to maintain the exemption. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-02-12210 - US Nigeria Codeshare with Swiss March 10, 2004 Re: American Does Not Intend to Seek Renewal American Airlines, Inc. does not intend to seek renewal of the captioned exemption authority to serve between the U.S. and Nigeria/Ghana, which was granted for purposes of codesharing with Swiss International Air Lines, Ltd. via Zurich. Swiss has terminated its service to Nigeria and Ghana, and accordingly we have no need to maintain the exemption. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com OST-04-17128 - Exemption - Dallas/Ft. Worth-Guadalajara Filed February 17, 2004 | Issued March 10, 2004 Exemption for two years under 49 U.S.C. §40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between Dallas/Ft. Worth, Texas, and Guadalajara, Mexico. Under the U.S.-Mexico aviation agreement, up to two U.S. carriers may be designated to serve a given city-pair market. Currently, both Comair and American Airlines, Inc. hold a designation to serve the Dallas/Ft. Worth-Guadalajara market. American is using its authority, but Comair's authority has become dormant. Under the circumstances presented, including our desire to make maximum use of our bilateral rights and in light of the fact that no party opposed American Eagle's application here, we will withdraw the designation of Comair and designate American Eagle in its place. Comair: OST-00-7708 By: Paul Gretch OST-96-1960 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan By: Paul Hulsey OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Baker & Hostetler, Joanne Young, 202-861-1532, jyoung@bakerlaw.com OST-96-1960 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan By: Ed Duchnowski OST-96-1960 - Family Assistance Plans February 19, 2004 Re: Amended Family Assistance Plan By: Atlas Air OST-96-1960 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Hogan & Hartson, Tazewell Ellett, 202-637-8644, etellett@hhlaw.com OST-98-3304 - Family Assistance Plans March 2, 2004 Re: Amended Family Assistance Plan By: Captain Ian Marshall OST-96-1960 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, Nathaniel Breed, 202-298-8660, npbreed@zsrlaw.com OST-96-1960 - Family Assistance Plans Re: Amended Family Assistance Plan By: Chris Negele OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Hogan & Hartson, Ronald Brower, 202-637-5762 OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Condon & Forsyth, Evelyn Sahr, esahr@condonlaw.com Compania Mexicana de Aviacion, S.A. de C.V. OST-03-14506 - Mexico City/Cancun/Puerto Vallarta - Austin, TX Codeshare with Aerocaribe March 10, 2004 Application for Renewal of Exemption Mexicana holds authority in Docket OST-2003-14506 to operate scheduled, combination services between Mexico City/CancthilPuerto Vallarta and Austin, Texas. Mexicana offers this service only on a codeshare basis by placing its two-letter designator code on Aerocaribe's scheduled flights in these markets. Mexicana and Aerocaribe will continue to observe the requirements of 14 C.F.R. 257 in offering this codeshare service to the United States. Counsel: Squire Sanders, Charles Donley, 202-626-6840 Compania Mexicana de Aviacion, S.A. de C.V. and Aerovias de Mexico, S.A. de C.V. OST-04-17323 - Exemption and Statements of Authorization - Mexico-US March 10, 2004 Joint Application for Exemption and Statements of Authorization Mexicana and Aeromexico have entered into a codeshare agreement pursuant to which they have agreed to codeshare on various flights operated by each other between the United States and Mexico. Mexicana requests a statement of authorization permitting Mexicana to display Aeromexico's two-letter "AM" code on flights operated by Mexicana in the Mexico City-Los Angeles and Morelia-Los Angeles markets. Mexicana already holds from the Department underlying authority to operate on these routes. Aeromexico requests an exemption permitting it to serve Morelia-Los Angeles under a codeshare arrangement with Mexicana. Aeromexico requests a statement of authorization permitting it to display Mexicana's two-letter "MX" code on flights operated by Aeromexico in the Mexico City- Los Angeles and Monterrey-Las Vegas markets. Aeromexico holds underlying authority to serve these route. Aeromexico expects that the Mexican Government will shortly authorize Aeromexico to engage in codeshare service between Morelia and Los Angeles and that its authorization will be delivered directly to the United States. The United States has recognized consistently that the inclusion of a point in a bilateral agreement to which the United States is a party and the designation of a foreign carrier by its home country government for service to that point satisfy all public interest requirements for the grant of exemption authority. Counsel: Squire Sanders, Charles Donley, 202-626-6840 for Mexicana / Counsel: Piper Rudnick, William Evans, 202-861-6459 for Aeromexico OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, Jol Silversmith, 202-298-8660, jasilversmith@zsrlaw.com Essential Air Service at Merced, California Order 04-3-6 Issued and Served March 9, 2004 Because only one carrier, Scenic, submitted proposals, the community was not faced with a decision between competing carriers. The community did, however, express a preference for Scenic's two‑year proposal over its three‑year option. Because the typical carrier‑selection is for a two‑year period, we will honor the community's choice. We note that the carrier has done an outstanding job at Merced. Its has almost doubled the traffic forecast in its original proposal, from 7,600 projected to 13,018, overcoming the impact of the terrorist attacks of 9/11 on most carriers' traffic results. As a result, the subsidy rate has come down nearly $200,000 from the current rate of $844,479. Scenic's traffic increases and subsidy reductions are among the highest for any subsidized carrier in the aftermath of the terrorist attacks. Scenic's development of Merced is even more remarkable given the nearby competitive service at Fresno to Los Angeles and San Francisco, and the fact that the carrier it replaced, Sky West, operated as a United Express code‑share partner to a United hub, Los Angeles. We note that the carrier has operated to North Las Vegas, where it has its own passenger terminal, since inaugurating service to Merced. It buses connecting passengers to McCarran, the main airport, and provides complimentary snacks and beverages along with free television and internet services at its terminal. By: Karan Bhatia OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Silverberg Goldman, Michael Goldman, 202-944-3300 OST-98-3304 - Family Assistance Plans March 2004 Re: Amended Family Assistance Plan By: Kaarlo Karvonen OST-96-1960 - Family Assistance Plans March 10, 2004 Re: Amended Family Assistance Plan By: Tom Nunn OST-98-3304 - Family assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com International Air Transport Association OST-04-17290 - Pricing Agreement March 10, 2004 Application for Approval of Agreements Mail Vote 363 PTC2 AFR 0145 dated 9 March 2004 TC2 Within Africa Resolution 002e Intended Effective Date: 1 April 2004 Counsel: IATA, David O'Connor, 202-293-9292
OST-04-17291 March 10, 2004 Application for Approval of Agreements Mail Vote 364 PTC2 AFR 0146 dated 9 March 2004 PTC2 Within Africa Resolutions Intended Effective Date: 1 May 2004 Counsel: IATA, David O'Connor, 202-293-9292 OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com OST-98-3304 - Family assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com OST-98-3304 - Family assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com OST-98-3304 - Family assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: LanChile, Juan Carlos Mencio Lufthansa German Airlines / Lufthansa Cargo AG / Condor Flugdienst GmbH OST-98-3304 - Family Assistance Plans March 8, 2004 Re: Amended Family Assistance Plan By: Arthur Molins
OST-04-16939 - Passenger Screening Data March 9, 2004 Request of the Electronic Privacy Information Center for Leave to File a Reply and Reply of EPIC EPIC does not dispute that the horrific events of September 11, 2001 fundamentally changed the way the airline industry operates. However, NWA should not be permitted to rely on those events as an excuse for being dishonest with passengers about what the airline does with their personal information. The Department has a responsibility set out in law, in public representations, and in official communications to foreign governments, to enforce representations that airlines make to consumers regarding use of passengers' personal information. NWA, at all times relevant to the complaint, assured consumers who provided personal information through NWA' s website that they had "complete control" over the use of that information. At no time did NWA inform passengers that it would disclose personal information to the government without the knowledge or consent of the affected consumers, despite the fact that it expressly and specifically disclosed other uses of passenger information. Indeed, company officials expressly told the public that NWA had not disclosed this type of information to the government ‑ after the airline had, in fact, made such disclosures. For these reasons, the Department should investigate NWA's privacy practices and impose appropriate sanctions for unfair and deceptive trade practices in violation of 49 U.S.C. § 41712. By: EPIC, Marc Rotenberg - http://www.epic.org/
Order 04-03-4 Issued and Served March 9, 2004 This order covers the issue of the stowage of one passenger's standard‑size folding wheelchair inside the cabin of Northwest's Airbus A319 and A320 aircraft. Northwest admits that prior to the investigation giving rise to this order its new aircraft did not contain enough space for the stowage of one passenger's standard‑size folding wheelchair. However, Northwest notes that section 382.2 1(a)(2) does not, by its terms, describe the size of the wheelchair that must be given priority space. After notification by the Enforcement Office of its concerns and the size requirements for standard‑sized folding wheelchair stowage, Northwest agreed to modify either the front or rear closet of the covered aircraft to bring them into compliance. Although the Enforcement Office appreciates Northwest's willingness to create a space to stow a passenger's standard‑size folding wheelchair, the office views the carrier's failure initially to provide the proper accommodation under 14 CFR 382.21(a)(2) seriously. After careful consideration of all the facts surrounding this matter, including the explanation and arguments set forth by Northwest, the Enforcement Office continues to believe that enforcement action is warranted. In order to avoid litigation, Northwest has agreed to settle these matters, without admitting to a violation of the Air Carrier Access Act, and to enter into this consent order directing it to cease and desist from future similar violations and to the assessment of a civil penalty. Northwest is assesed a civil penalty of $225,000 in compromise of civil penalties that might otherwise be assessed for the violations found in ordering paragraphs 2 through 6, of which: a. $20,000 shall be due and payable within 30 days after the service date of this order; and b. up to $205,000 may be offset by the expenditures associated with installing a new closet large enough to fit a standard size folding wheelchair on Northwest's 27 Airbus A319 and A320 aircraft that are not required to comply with 14 CFR 382.21 (a)(2)5 By: Rosalind Knapp OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Condon & Forsyth, Evelyn Sahr, esahr@condonlaw.com OST-96-1960 - Family Assistance Plans February 12, 2004 Re: Amended Family Assistance Plan By: David Rose Passenger Manifest Information OST-95-950 - Passenger Manifest Information March 3, 2004 | Published in Federal Register March 10, 2004 Notice and Request for Comments Public Law 101-604 (entitled the Aviation Security Improvement Act of 1990, or ``ASIA 90,'' and later codified as 49 U.S.C. 44909) requires that certificated air carriers and large foreign air carriers collect the full name of each U.S. citizen traveling on flight segments to or from the United States and solicit a contact name and telephone number. In case of an aviation disaster, airlines would be required to provide the information to the Department of State and, in certain instances, to the National Transportation Safety Board. Each carrier would develop its own collection system. The Passenger Manifest Information; Final Rule (14 CFR part 243) was published in the Federal Register, Vol. 63., No. 32 (February 18, 1998). The rule was effective March 20, 1998. Comments: (a) Whether the continued collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (b) the accuracy of the Department's estimate of the burden of the current information collection; (c) ways to enhance the quality, utility, and clarity of the information being collected; and (d) ways to minimize the burden of the collection of information of respondents, including the use of automated collection techniques or other forms of information technology. By: Randall Bennett OST-96-1960 - Family Assistance Plans February 19, 2004 Re: Amended Family Assistance Plan By: Polar Air Cargo OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com OST-98-3304 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan Counsel: Baker & Hostetler, David Kirstein, 202-861-1500 OST-98-3304 - Family assistance Plans March 10, 2004 Re: Amended Family Assistance Plan Counsel: Garofalo Goerlich, Don Hainbach, 202-776-3970 OST-96-1960 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan By: Laurie Barnett OST-04-17299 - Exemption - Denver-Cancun March 10, 2004 Application for Grant of an Exemption United seeks an exemption authorizing it to provide scheduled foreign air transportation of persons, property and mail between Denver, Colorado, on the one hand, and Cancun, Mexico, on the other. United plans initially to operate this service on a once weekly basis (Saturday), commencing June 5, 2004. United plans to operate its proposed services with A320 equipment or similar aircraft. United anticipates no difficulty in obtaining fuel for these services. According to the OAG there is daily nonstop service operated between Denver and Cancun by Frontier Airlines. See NOAT, dated August 23, 2002, in Docket OST-02-13061 (exemption authority between the terminal point Denver, Colorado, and the terminal point Cancun, Mexico). Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com March 9, 2004 OST-98-3304 - Family Assistance Plans Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, Nathaniel Breed, 202-298-8660, npbreed@zsrlaw.com |
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