OST Docket Filings for March 12, 2004
Updated:
| Applications and Renewals:
IATA - Approval of Agreements (Mail Vote - Pakistan-Europe) Laker - Nassau-Tampa/Jacksonville Renewal Volga-Dnepr - North Island NAS-Denver/Denver Cape Canaveral / Los Angeles-Cape Canaveral Answers and Replies: Intra-Alaska Mail Rates - Objections of Tanana Air Service JetBlue - Dominican Republic Polling Results Letter Lan Ecuador/Lan Chile - Consolidated Reply of Lan Ecuador Northwest - Consent to File (EPIC - Passenger Screening Data) Special Rules at Reagan Washington National (Beyond-Perimeter) - Ex Parte Communication With Representative George Nethercutt / Ex Parte Communication With Senator Mike Crapo Special Rules at Reagan Washington National (Within-Perimeter) - Letter in Support of Primaris / Third Motion to Strike of Spirit Transatlantic, Transpacific, Transborder and Latin American Service Mail Rates Investigation - Supplement of United and Motion for Leave to File Victory - Submission of Documents and Request for Six Day Waiting Period Notices of Action Taken: Atlas Air - US-Colombia All-Cargo Renewal Hong Kong Fifth-Freedom - Adjustment to Polar's Allocation IATA - Approval of Agreements Notices and Orders: EAS at Grand Island and Scottsbluff, NE - Order Setting Final Rates (Great Lakes) EAS at Wyoming Communities - Notice of Extension Family Assistance Plans: - Alphabetical Listing of Family Assistance Plans: Domestic | Foreign |
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OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Steptoe & Johnson, David Coburn, 202-429-8063, dcoburn@steptoe.com Aerolane, Lineas Aereas Nacionales del Ecuador S.A. d/b/a Lan Ecuador OST-03-14291 - Exemption -Ecuador-US / Lan Chile Wet-Lease to Lan Ecuador March 12, 2004 Re: Consolidated Reply of Lan Ecuador Continental, Northwest and Delta raise the same primary objection that they have repeatedly raised in each of their filings in this docket - that the Government of Ecuador thus far has not permitted their proposed code-share services in the U.S.-Ecuador market and, therefore, Lan Ecuador's request for renewed exemption authority, and Lan Chile's related request for a renewed statement of authorization, should be denied unless and until the Government of Ecuador permits U.S. carriers to engage in such code-share service. Lan Ecuador maintains that diplomatic channels are the proper way to pursue the expansion of bilateral rights, even if the pace of progress does not suit the parochial interests of Continental, Northwest and Delta. The Department stated this same position in its previous order in this docket. Although adverse action on Lan Ecuador's renewal application would be unjustified under almost any circumstances, such action would be particularly egregious given the imbalance in operations in the U.S.-Ecuador market. Lan Ecuador currently operates 14 weekly frequencies in the U.S.-Ecuador market whereas Continental and American Airlines operate approximately 40 weekly frequencies and Continental plans to add another seven frequencies on June 10. 2004 using the seven new frequencies the Department allocated to it on June 10. 2004 using the seven new frequencies the Department allocated to it on February 20. 2004. See Notice of Action Taken. Docket OST-2004-16941. Counsel: Zuckert Scoutt, Charles Simpson, 202-298-8660 OST-98-3304 - Family Assistance Plans March 10, 2004 Re: Amended Family Assistance Plan Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com Aerovias de Mexico, S.A. de C.V. OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Piper Rudnick, John Mietus, Jr., 202-861-6466, john.mietus@piperrudnick.com OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com OST-98-3304 - Family Assistance Plans March 3, 2004 Re: Amended Family Assistance Plan By: Malcolm Clarke OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, Shannon Moyer, 202-973-7935, smmoyer@zsrlaw.com OST-00-7477 - Exemption US-Colombia All-Cargo Filed February 17, 2004 | Issued March 12, 2004 Scheduled foreign air transportation of property and mail between any point or points in the United States, via intermediate points, and a point or points in Colombia, and beyond Colombia to points in the Western Hemisphere, and to integrate this authority with its existing certificate and exemption authority. By: Paul Gretch OST-98-3304 - Family Assistance Plans March 8, 2004 Re: Amended Family Assistance Plan By: Johannes Davoras OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Lachter & Clements, Roxanne Clements, 202-862-4321 OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan By: Richard Wells, 905-501-7373 ext. 122 OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Condon & Forsyth, Evelyn Sahr, esahr@condonlaw.com Compania Mexicana de Aviacion, S.A. de C.V. OST-98-3304 - Family Assistance Plans March 10, 2004 Re: Amended Family Assistance Plan Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Wilmer Cutler, Bruce Rabinovitz, 202-663-6960, bruce.rabinovitz@wilmer.com EAS at Grand Island and Scottsbluff, Nebraska Order 04-3-9 Issued March 12, 2004 | Served March 17, 2004 Order Setting Final Rates | Word The Department has solicited proposals from air carriers interested in providing essential air service at Grand Island and Scottsbluff, most recently by Order 2003‑12‑2, December 2, 2003. There is a significant past period associated with Great Lakes Aviation's service at each of these two communities. For the past period, we are setting rates based on rate negotiations that we have completed with Great Lakes that will be effective from the effective dates of each of the carrier's notices of intent to terminate service through January 31, 2004. Beginning February 1, the carrier and Department staff have agreed to set the rates based on Great Lakes' bids that were submitted in a highly competitive environment. These rates will remain in effect until further Department action while we process the carrier selection proceedings at each community. We have reviewed the carrier's proposals and find these rates reasonable for the service provided. By: Karan Bhatia EAS at Laramie, Riverton, Rock Springs, and Worland, Wyoming OST-97-2958 - Suspension-Great lakes Aviation EAS at Laramie Issued March 12, 2004 | Served March 17, 2004 We have received a request from Great Lakes Aviation, Ltd., for a seven-day extension of this due date. In support of its request, Great Lakes Aviation states that it had not received an original copy of Order 2004-2-9 and hence has not had adequate time to develop proposals, and affirms that it will deliver to the Department of Transportation its proposals on or before the expiration of the seven-day extension. We find Great Lakes Aviation’s request to be reasonable; therefore, we will grant all potentially interested applicants seven additional days, until March 22, 2004, to submit service proposals for Laramie, Riverton, Rock Springs, and Worland. By: Randall Bennett OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Piper Rudnick, John Mietus, Jr., 202-861-6466, john.mietus@piperrudnick.com OST-98-3304 - Family Assistance Plans March 1, 2004 Re: Amended Family Assistance Plan By: Dale Ferguson Hong Kong Fifth-Freedom All-Cargo Frequency Proceeding Filed February 24, 2004 | Issued March 12, 2004 Notice of Action Taken - Polar Air Cargo | Word Adjustment to its Hong-Kong fifth-freedom frequency allocation and U.S. selection of points as follows: Order 2003-9-9 allocated Polar Air Cargo, Inc. three frequencies for services in the Delhi/Penang-Hong Kong fifth-freedom market. Polar began those services, but suspended operations due to too few frequencies for connections and due to issues with the Hong Kong Civil Aviation Department regarding the scope of Polar’s operating flexibility. Polar seeks permission to use these frequencies for Jakarta-Hong Kong service instead of Delhi/Penang service. Polar states that this request would not change the number of Hong Kong fifth-freedom frequencies allocated to Polar and notes that no other carrier requested Jakarta service in the proceeding allocating the frequencies. Polar believes that its request for an adjustment could be granted without prejudice to any other carrier. By: Paul Gretch International Air Transport Association
Filed March 2, 2004 | Approved March 8, 2004 PTC12 SATL-EUR 0119 dated 13 Feb 04 TC12 South Atlantic-Europe Resolutions r1-r11 Minutes - PTC12 SATL-EUR 0120 dated 02 Mar 04 TC12 South Atlantic-Europe Minutes Tables - PTC12 SATL-EUR Fares 0037 dated 20 Feb 04 TC12 South Atlantic-Europe Specified Fares Tables Intended effective date: 1 April 2004 By: John Kaiser
Filed March 2, 2004 | Approved March 8, 2004 PTC12 MATL-EUR 0086 dated 13 Feb 2004 TC12 Mid Atlantic-Europe Resolutions r1-r15 Minutes - PTC12 MATL-EUR 0087 dated 02 Mar 2004 TC12 Mid Atlantic-Europe Minutes Tables - PTC12 MATL-EUR Fares 0034 dated 20 Feb 2004 TC12 Mid Atlantic-Europe Specified Fares Tables Intended effective date 1 April 2004 By: John Kaiser
Filed March 4, 2004 | Approved March 10, 2004 PTC12 NMS-ME 0205 dated 13 February 2004 TC12 North Atlantic-Middle East Resolutions Mail Vote 355 PTC12 NMS-ME 0209 dated 2 March 2004 TC12 North Atlantic-Middle East Resolutions 064y (r1-r25); PTC12 NMS-ME 0208 dated 2 March 2004 PTC12 NMS-ME Fares 0117 dated 20 February 2004 Intended effective date 1 April 2004 By: John Kaiser
Filed March 5, 2004 | Approved March 10, 2004 Mail Vote 356 PTC2 ME-AFR 0118 dated 5 March 2004 - Resolution 002LL - Special Amending Resolution between Middle East and Africa Intended effective date: 01 April 2004 By: John Kaiser
Filed March 5, 2004 | Approved March 10, 2004 Mail Vote 357 PTC2 ME-AFR 0119 dated 5 March 2004 - Resolutions between Middle East and Africa r1-r15 Intended effective date: 01 May 04 By: John Kaiser
Filed March 5, 2004 | Approved March 10, 2004 Mail Vote 358 PTC12 NMS-AFR 0180 dated 5 March 2004 TC12 South Atlantic-Africa Expedited Resolution 002jj r1 Intended effective date: 1 April 2004 By: John Kaiser
OST-04-17340 March 12, 2004 Application for Approval of Agreements Mail Vote 365 PTC23 EUR-SASC 0125 dated 16 March 2004 TC23 Special Passenger Amending Resolution from Pakistan to Europe Counsel: IATA, David O'Connor, 202-293-9292 Intra-Alaska Class Service Mail Rates OST-03-14694 - Bush Mail Rates March 10, 2004 Objections of Tanana Air Service to Order 2004-2-14 The Postal Service is still tendering mail to carriers that do not publish schedules in the OAG for public dissimulation, but only for Postal Service use, even with the changes in the RS1A requiring schedules be available to the general public under a published schedule. Postal Service Official said" if a Part 121 bush aircraft carries any revenue into a markct as reported on the Postal Service Daily Service report, then the Postal Service will pay all carriers in that market the Part 121 bush rate". DOT has an old definition of calling any additional section into a market a scheduled flight. The Postal Service official insist that a Part 121 aircraft flying an extra section meets the requirement of "scheduling and operating" as defined by Order 2004‑2‑14. If the Postal Service can, without notice, change the rate a market is paid utilizing Postal Service Daily Service report and not the Official Airline Guide that is available to the general public. Carriers, that do have published schedules, are transporting mail have no means of knowing what they will be paid. There will be no way for a carrier to question any payment received, when the rate is changed without notice by the Postal Service. Tanana Air Servicc respectfully request the Department to immediately clarify what constitutes when a market is classified as Part 121 market. By: Fred Ciarlo OST-04-17265 - Exemption - US-Dominican Republic March 12, 2004 This letter will notify you that we have polled all persons served with JetBlue's referenced application for an exemption and none have interposed an objection to the granting of the authority requested. Should you have any questions concerning this matter, please do not hesitate to contact the undersigned. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dlalaw.com OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, William Callaway, Jr., 202-298-8660 OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Condon & Forsyth, Evelyn Sahr, esahr@condonlaw.com Laker Airways (Bahamas) Limited OST-02-11583 - Exemption - Nassau-Tampa/Jacksonville March 12, 2004 Application for Renewal of Exemption Authority Hereby applies for renewal of its exemption authority to engage in scheduled combination air transportation of persons, property and mail between terminal point Nassau, Bahamas on the one hand, and the co-terminal points Tampa, Florida and Jacksonville, Florida on the other hand, and to co-terminalize this authority with Laker's other U.S.-Bahamas scheduled authorities. Laker has been successfully operating U.S.-Bahamas scheduled combination and charter services using B-727-200 equipment on a variety of authorized routes since 1992. Laker continues to be fit, willing and able to operate the scheduled and charter services referred to herein. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com OST-98-3304 - Family Assistance Plans March 10, 2004 Re: Amended Family Assistance Plan Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com OST-98-3304 - Family Assistance Plans March 8, 2004 Re: Amended Family Assistance Plan By: Johannes Davoras OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Baker & Hostetler, Joanne Young, 202-861-1532. jyoung@bakerlaw.com Linea Aerea de Navegacion Dominicana, S.A. OST-98-3304 - Family Assistance Plans March 10, 2004 Re: Amended Family Assistance Plan Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com OST-96-1960 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan By: Michael Hart OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, Shannon Moyer, 202-973-7935, smmoyer@zsrlaw.com OST-04-16939 - Passenger Screening Data March 9, 2004 This letter confirms that on March 4, 2004, Kirkland & Ellis LLP, counsel for Northwest Airlines, Inc., consented to the Electronic Privacy Information Center's filing of a reply to Northwest's Answer in this matter. It was further agreed that EPIC will file this reply with the Department of Transportation on March 9, 2004. Counsel: EPIC, Marcia Hofmann OST-98-3304 - Family Assistance Plans March 10, 2004 Re: Amended Family Assistance Plan Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com OST-98-3304 - Family Assistance Plans March 3, 2004 Re: Amended Family Assistance Plan By: Chris Randle OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Condon & Forsyth, Evelyn Sahr, esahr@condonlaw.com OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com Special Rules at Reagan Washington National Airport (Beyond-Perimeter Slots)
March 9, 2004 Re: Ex Parte Communication With Representative George Nethercutt - Alaska Airlines By: Michael Reynolds
March 10, 2004 Re: Ex Parte Communication With Senator Mike Crapo - Delta Air Lines By: Michael Reynolds Special Rules at Reagan Washington National Airport (Within-Perimeter Slots)
March 11, 2004 Enclosed for filing in the above‑referenced docket is a letter from Ric Hoerz, Chairman of the Board of Directors of the Maryland Heights Chamber of Commerce, in support of the Application of Primaris Airlines, Inc. for four inside‑perimeter slot exemptions to conduct nonstop service between Ronald Reagan National Airport and Lambert‑St. Louis International Airport. Chairman Hoerz adds his voice to the many other public, business, and community officials from the greater St. Louis area and the State of Missouri who previously have endorsed Primaris' Application in submissions to this docket. In Supplemental Comments filed in this docket on February 27, we noted that the Missouri State Senate had endorsed Primaris' Application by adopting Senate Concurrent Resolution 33, and that the Missouri 1‑louse of Representatives was expected to follow suit. On March 4, the Missouri House by a unanimous vote of 153‑0 adopted SCR 33 verbatim. Counsel: Patton Boggs, Gregory Walden, 202-457-6135, gwalden@pattonboggs.com
March 12, 2004 Re: Third Motion to Strike of Spirit Airlines On March 10 and 11, 2004, AirTran submitted in this docket letters from various political entities in support of its application for inside‑perimeter slots, along with lengthy cover letters prepared by counsel which, contrary to usual practice, essentially reargued AirTran's case. It is time for this abuse of DOT's rules and procedures to stop. In Spirit's view, the Department should either state that it is prepared to accept further substantive pleadings in this Docket (which, in effect, the March 10 and 11 letters from AirTran's counsel were), or it should start to reject these submissions in their entirety. For its part, Spirit was and is prepared to rest its case on the merits of this debate. However, if the Department is prepared to countenance AirTran's repetitive unauthorized pleadings, Spirit would be pleased to place in the docket still further evidence of the benefits that its first time competitive service in the Detroit-DCA market would create, and the superiority of this proposal to AirTran's fourth and fifth daily ATL-DCA frequencies. Counsel: Garfinkle Wang, Anita Mosner, 703-294-5890 Transatlantic, Transpacific, Transborder and Latin American Service Mail Rates Investigation OST-96-1629 - Transatlantic, Transpacific and Latin American Service Mail Rates Investigation
March 12, 2004 Supplement of United Air Lines and Motion for Leave to File United Air Lines, Inc. hereby supplements its December 17, 2003, Answer to the Motion the United States Postal Service filed asking the Department (i) to convene a meeting among interested parties to discuss the methodology currently used to establish international mail rates, and (ii) to freeze those rates at 2003 levels pending the outcome of such meeting. To the extent necessary, United respectfully requests leave to file this Supplement and the attached report of Mercer Management Consulting. As the Mercer Report was only completed recently, good cause exists for accepting this filing. In its earlier Answer, United explained that, while it welcomes the opportunity to work constructively with the DOT and the Postal Service on the issues associated with the pricing and transportation of international mail, the premise on which the Postal Service wishes to base the discussions ‑ i.e., that carriers are being "overpaid" to carry mail because DOT's mail rates methodology overstates the costs of carriage ‑ is fundamentally flawed. After United filed its Answer, on December 30, 2003, the Postal Service filed with the Department the data upon which its earlier summary presentation was based. At the request of United, Mercer Management Consulting, a recognized consultant in the field of transportation and regulated industries, subsequently reviewed and analyzed both the USPS Analysis and the conclusions the Postal Service and its consultant have advanced based on that Analysis.
Counsel: United and Wilmer Cutler, Bruce Rabinovitz, 202-663-6960, bruce.rabinovitz@wilmer.com Universal Airlines Incorporated OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Zuckert Scoutt, Malcolm Benge, 202-973-7904, mlbenge@zsrlaw.com OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com OST-02-14027 - Victory Air Transport - Certificate - Interstate - On-Demand Passenger Charters March 11, 2004 Re: Applications of Victory Air Transport Victory Air Transport, Inc. is submitting documents and information required by the terms of the certificates awarded by Orders 2003‑7‑25 and 2003‑9‑16 before that certificate may be made effective. Victory also requests a waiver of the six‑business day waiting period so that Victory' certificate authority will become effective immediately after the Department receives the carrier's operating authority. Victory wants to begin marketing and selling its charter air transportation services as soon as possible, without having to wait a full six business days after it receives its FAA operating authority to have its certificate authority become effective. For that reason, Victory asks the Department to waive the six‑business day waiting period and to make Victory's certificate authority effective as soon as the Department receives a copy of the carrier's operating authority. Granting such a waiver is consistent with Department precedent and is in the public interest because it will facilitate commencement of service by a new carrier, thereby enhancing competition and providing new service alternatives for travelers. Counsel: Crowell Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com Volga-Dnepr J.S. Cargo Airline
OST-04-17335 - Exemption - Los Angeles-Cape Canaveral March 12, 2004 Application for an Emergency Exemption Permit Volga-Dnepr to operate one one-way all-cargo charter flight, utilizing Volga-Dnepr's AN- 124-100 aircraft, to transport outsized cargo from Los Angeles, California to Cape Canaveral Kennedy Space Center/KX68, Florida on or around March 16-21, 2004. The outsized cargo to be transported by Volga-Dnepr from Los Angeles to Cape Canaveral will consist of one Boeing Satellite Systems, Inc. Superbird 6 communications satellite payload and associated equipment with the combined weight of approximately 40,000 kgs. The spacecraft and its shipment container constituting the outsized payload have the combined weight of 5,840 kgs and the dimensions of 747 cm (294") Lx 358 cm (141") W x 399 cm (157") H. Due to its size, therefore, this payload cannot be accommodated by any domestic commercial carrier aircraft and requires the use of the AN- 124-100 aircraft. Counsel: The Wicks Group, Glenn Wicks, 202-457-7790
OST-04-17336 - Exemption - North Island NAS-Denver / Denver-Cape Canaveral March 12, 2004 Application for an Emergency Exemption Permit Volga-Dnepr to operate two one-way all-cargo charter flights, utilizing Volga-Dnepr's AN124-100 aircraft to transport outsized cargo from North Island NAS, California to Denver, Colorado, and from Denver, Colorado to cape Canaveral, Florida on or around March 21-25, 2004. The outsized cargo payload to be transported by Volga‑Dnepr from Denver to Cape Canaveral will consist of one Lockheed Martin Space Systems (LMSS) Atlas and Centaur HAS Launch vehicle payload (AC‑166), and associated equipment, with the combined weight of 92,000 pounds. The AC‑66 payload in its shipping configuration measures 136' long, 15'7" wide, and 13'2" high, and cannot be accommodated by domestic commercial carrier aircraft. Counsel: The Wicks Group, Glenn Wicks, 202-457-7790 |
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