OST Docket Filings for March 16, 2004
Updated:
| Applications and Renewals:
Aeronaves - Mexican Taxi Renewal ASTAR - US-Mexico All-Cargo Certificate/Amendment Renewal Chartright - Canadian Taxi Renewal Olympic - Registration of Name Change Servicios Aeronauticos - Mexican Air Taxi Renewal USA 3000 - Detroit-Cancun US Passenger Air Carriers / USA 3000 - Will Not Seek Renewal of Chicago-Durango Answers and Replies: Aerolineas Argentinas - Seventh & Eighth Escrow Deposit Reports EAS at Crescent City, CA - Grant of Extension to File Comments Express One - Waiver and Extension of the Revocation for Dormancy Provisions Intra-Alaska Mail Rates - United States Postal Service Comments Trans-Air-Link - Letter from Air Carrier Fitness (Resumption of Operations) Transatlantic, Transpacific, Transborder and Latin American Service Mail Rates Investigation - Answer of American to Supplement of United Tyrolean Airways - Change in Corporate Status Notices of Action Taken: Aeromexico - San Jose del Cabo-Ontario Renewal Northwest - Minneapolis/St. Paul-Punta Cana / Detroit-Punta Cana Renewals Notices and Orders: Drug and Alcohol Management Information System Reporting - Correction EAS at Athens, GA - Order Extending Service Obligation (Air Midwest) EAS at Riverton, WY - Order Extending Service Obligation (Great Lakes) EAS at Scottsbluff, NE - Order Extending Service Obligation (Great Lakes) EAS at Williamsport, PA - Order Allowing Suspension of Service (Shuttle America) IATA - Cargo Rates 2002 U.S.-Ecuador All-Cargo Service Case - Final Order Family Assistance Plans: - Alphabetical Listing of Family Assistance Plans: Domestic | Foreign |
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OST-03-10592 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act
March 8, 2004 Re: Seventh Escrow Deposit Report Attached is the SEVENTH Escrow Deposit detailed summary for the week ending March 7, 2004. Documentation from the depository bank, North Fork Bank, that today Aerolineas made a deposit into the escrow of U.S. $32,621.88 will be sent when received from the bank. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com
March 16, 2004 Re: Eighth Escrow Deposit Report Attached is the EIGHTH Escrow Deposit detailed summary and Bank Documentation for the week ending March 14, 2004. Aerolineas made a deposit into the escrow of U.S. $32, 594.01 for total escrow amount of $240,040.80. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com OST-99-5804 - Exemption -Mexico - U.S. March 11, 2004 Application for a Renewal of Exemption By: Daniel Elizondo Aerovias de Mexico, S.A. de C.V. OST-03-14290 - Exemption - San Jose del Cabo-Ontario Filed February 27, 2004 | Issued March 16, 2004 Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between San Jose del Cabo, Mexico, and Ontario, California. By: Paul Gretch OST-98-3304 - Family Assistance Plans March 11, 2004 Re: Amended Family Assistance Plan By: Marie-Joseph Male Air Wisconsin Airlines Corporation OST-96-1960 - Family Assistance Plans March 5, 2004 Re: Amended Family Assistance Plan By: Thomas Wittman OST-96-1960 - Family Assistance Plans March 6, 2004 Re: Amended Family Assistance Plan By: Michael Conroy ASTAR Air Cargo, Inc. / DHL Airways, Inc. OST-04-17348 - Certificate - US-Mexico All-Cargo March 15, 2004 Application or Renewal of Certificate of Public Convenience and Necessity This Application is a companion to the Application filed in Docket OST-2001-10052 seeking renewal of the Certificate for Route 725, Segments 1 through 6, filed on July 3, 2001 and pending before the Department. On July 16, 2003, the Department registered the name, ASTAR Air Cargo, Inc. for use in DHL Airways' air transportation operations. Although the Department has not yet reissued the DHL Airways' certificates in the ASTAR name, ASTAR, as the successor to DHL Airways, seeks renewal of the authority to serve Segments 7 through 9 granted to DHL Airways by Order 98-8-18. ASTAR currently operates between Austin‑Mexico City, Austin-Monterrey; and Austin‑Guadalajara utilizing DC‑8 and B727 freighter aircraft having a total cargo payload capacity of 80,000 pounds and 50,000 pounds, respectively. ASTAR specifically requests that the U.S.-Mexico certificate authority for Route 725, Segments 7 through 9, be renewed for a five year period. Consistent with our request in Docket OST-2001-10052, ASTAR also requests the Department amend its certificate (and the certificates of other U.S. all-cargo air carriers) to delete the current city-pair route segments. See Application of Federal Express Corporation, Docket OST-2001-9824; see also, Application of Amerijet International, Docket 2001-10068 and Application of Emery Worldwide, Docket OST-2000-7525. As the Department is well aware, all‑cargo services require more route flexibility than passenger services, owing to unusual or seasonal traffic flows, or other unique shipper requirements. If it chooses to do so, the Department can effectively monitor the specific city‑pair operations of the authorized cargo carriers without restricting the carriers to route‑specific U.S.‑Mexico certificates. ASTAR does not object to the issuance of similar "blanket" certificates to each of the other authorized U.S.‑flag scheduled all‑cargo air carriers under the amended Agreement. Counsel: Lachter & Clements, Stephen Lachter, lachter@starpower.net Brendan Airways, LLC d/b/a USA 3000 Airlines OST-04-17351 - Exemption - Detroit-Cancun March 16, 2004 By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibit USA3K-100 herein. USA 3000 plans to begin service to Mexico on this route on or about May 1, 2004 or as soon thereafter as all necessary Mexican licenses have been obtained and/or amended, and service will be provided on a year-round basis. USA 3000 intends to operate these services with aircraft from its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y). The U.S. - Mexico Bilateral Air Services Agreement, as amended, permits each country to designate up to two (2) carriers for operation with their own aircraft of scheduled combination services between any pair of cities. USA 3000 understands that only Northwest Airlines is currently authorized and designated to provide service on the Detroit- Cancun city-pair, with one additional designation therefore currently available for allocation. Spirit Airlines, Inc. recently also applied for an exemption to provide scheduled service on the Detroit-Cancun route. See: March 2, 2004 application of Spirit Airlines, Inc. (Docket OST-04-17234). USA 3000 holds effective certificates of public convenience and necessity. See DOT Order 2001-12-22, Dockets OST-00-8029 & 8030 (interstate and foreign scheduled combination). USA 3000 also holds exemption authority for and currently operates U.S.-Mexico scheduled services between a number of U.S. points to points in Mexico, as well as both U.S.-Dominican Republic and U.S.-Bermuda scheduled combination services (See: NOAT's dated October 30, 2002 - Docket OST-02-13526; and February 20, 2004 - Docket OST-04-16916). Philadelphia-Cancun (Docket OST-02-11725); Baltimore-Cancun; Cincinnati-Cancun (Docket OST-02-13527); and Pittsburgh-Cancun (Docket OST-02-14000). Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com
OST-01-11063 - Canada-US Taxi March 11, 2003 Application for Renewal of Exemption By: Adam Keller OST-98-3304 - Family Assistance Plans March 8, 2004 Re: Amended Family Assistance Plan Counsel: Sher & Blackwell, Allan Mendelsohn, 202-463-2500 Drug and Alcohol Management Information System Reporting OST-02-13435 - Drug and Alcohol Management Information System Reporting March 12, 2004 By: Anthony Fazio Essential Air Service at Athens, Georgia Order 04-3-14 Issued March 15, 2004 | Served March 18, 2004 Order Extending Service Obligation | Word By this order, the Department of Transportation extends the service obligation of Mesa Air Group, Inc., d/b/a Air Midwest, at Athens, Georgia, for an additional 30 days, through April 14, 2004. Although we have received proposals, this case will not be completed before the end of the current hold-in period. Therefore, in accordance with 49 U.S.C. 41734(c), we will extend Air Midwest's service obligation at Athens for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first. By: Randall Bennett Essential Air Service at Crescent City, California OST-97-2649 - EAS-Crescent City March 15, 2004 On March 1 we granted an extension until March 15,2003, to SkyWest Airlines to submit a proposal to provide essential air service to Crescent City, California. On March 15, 2004, the carrier requested a further extension, due to its need to coordinate with city officials and code-share partners. We are hereby granting all parties an additional extension, to April 16, 2004, to file comments. We anticipate denying any further requests for extension. By: Dennis Devany Essential Air Service at Riverton, Wyoming Order 04-3-13 Issued March 15, 2004 | Served March 18, 2004 Order Extending Service Obligation | Word By this order, the Department of Transportation extends the service obligation of Great Lakes Aviation, Ltd., at Riverton, Wyoming, for an additional 30 days, through April 21, 2004. Because rate negotiations had stalled, we recently reissued a Request for Proposals for four communities in Wyoming, including Riverton. (See Order 2004-2-9.) Proposals were due March 15 and, thus, this case will not be completed by the end of this hold-in period. Therefore, in accordance with 49 U.S.C. 41734(c), we will extend Great Lakes' service obligation at Riverton for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first. By: Randall Bennett Essential Air Service at Scottsbluff, Nebraska Order 04-3-12 Issued March 15, 2004 | Served March 18, 2004 Order Extending Service Obligation | Word By this order, the Department of Transportation extends the service obligation of Great Lakes Aviation, Ltd., at Scottsbluff, Nebraska, for an additional 30 days, through April 21, 2004. We have received a number of proposals, but have not received formal community comments yet. Since this case will not be completed by the end of this hold-in period, in accordance with 49 U.S.C. 41734(c), we will extend Great Lakes' service obligation at Scottsbluff for an additional 30 days, or until suitable replacement service actually begins, whichever occurs first. By: Randall Bennett Essential Air Service at Williamsport, Pennsylvania Order 04-3-11 Issued March 15, 2004 | Served March 18, 2004 Order Allowing Suspension of Service | Word After careful consideration, we have decided to allow Shuttle America to suspend its service at Williamsport, effective May 1, 2004. Even without Shuttle America's service, Williamsport will still receive the nonstop service operated by Allegheny Airlines to Philadelphia, providing 74 seats outbound and 74 seats inbound, meeting Williamsport's guarantee of 67 seats inbound and outbound each day. In this case, we conclude that the service provided by Allegheny Airlines will meet the core responsibility of the EAS program to provide Williamsport a continuing link to the national air transportation system. In addition, as a code‑share partner of US Airways Express, Allegheny Airlines will be able to offer Williamsport travelers on‑line connecting service through US Airways' system. By: Karan Bhatia Express One International, Inc. OST-03-15475 - Waiver and Extension of the Revocation for Dormancy Provision of 14 CFR 204.7 March 15, 2004 Re: Waiver and Extension of the Revocation for Dormancy Provisions After a review of the filings and acting under authority assigned in 14 C.F.R 385.12(b)( 1) of the Department's regulations, we have decided to waive the provisions of section 204.7 and grant Express One an extension until July 29, 2004, to recommence actual flying operations. We have further decided however, that should Express One file a notice to resume operations, the Department will take no further action with regard to that application nor authorize Express One to resume operations until the company proves to us who the true owners are either by mutual consent of the parties concerned or by a judgment issued by a court of competent jurisdiction. By: Patricia Thomas International Air Transport Association Order 04-3-15 Issued March 15, 2004 | Served March 18, 2004 Various members of the International Air Transport Association have filed an agreement with the Department under section 41309 of Title 49 of the United States Code and Part 303 of the Department’s regulations. The agreement was adopted at the Composite Cargo Tariff Coordinating Conference held at The Hague, May 27–31, 2002. The agreement proposes a variety of amendments to existing resolutions, applicable on a worldwide basis, that do not directly specify cargo rates in individual markets. Most changes serve an editorial, technical or clarifying purpose. We will approve those portions of the agreement that raise no substantive concerns, subject to our usual conditions that all agreed rates and charges represent maximums, with carriers free to implement rates and charges below them. By: Paul Gretch
Order 04-3-17 Issued March 16, 2004 | Served March 19, 2004 Order (R1 through R5 / OST-03-14486) and (R1 through R8 / OST-03-14490) | Word Various members of the International Air Transport Association have filed agreements with the Department under section 41308 and 41309 of Title 49 of the United States Code, and Part 303 of the Department's regulations. The agreements were adopted at the Composite Cargo Tariff Coordinating Conference in The Hague, May 27-31, 2002. By Paul Gretch Intra-Alaska Class Service Mail Rates OST-03-14694 - Bush Mail Rates March 15, 2004 United States Postal Service Comments on Order 04-2-13 The Order, if revised as proposed below, will reflect the mail transportation costs of Part 121 bush operations fairly and reasonably. The Postal Service believes that the Department's decision to make the new rate effective immediately, rather than subjecting it to show cause procedures, reflects a recognition that we are well past November 2, 2003, the date which the Rural Service Improvement Act established for all of the new rates to be in place. However, we also take the Department's willingness to entertain comments as an indication of its openness to consider valid revisions to the rate and we would urge the Department both to adopt the revisions explained below in this response, and to reconsider its stated decision not to make the rate retroactive. We will first address the objections that were submitted by the Consolidated Carriers and Hageland. We are troubled both by the suggestion that Peninsula Airways' data should be excluded from the class, and that certain types of service provided by 121 bush aircraft are not relevant to the rate. There is no basis whatsoever for these positions. Because of the serious impact these issues would have on the final rate, and their direct contravention of the class rate concept, they warrant first consideration. Counsel: USPS, William Jones, william.j.jones@usps.gov OST-96-1960 - Family Assistance Plans March 9, 2004 Re: Amended Family Assistance Plan By: Eric Gust
OST-00-7605 - Exemption - Detroit-Punta Cana Filed May 16, 2002 | Served March 16, 2004 Scheduled foreign air transportation of persons, property, and mail between Detroit, Michigan, and Punta Cana, Dominican Republic, and to integrate this authority with its existing certificate and exemption authority. By: Paul Gretch
OST-98-3844 - Exemption - Minneapolis, Minnesota- Punta Cana Filed February 18, 2004 | Issued March 16, 2004 Scheduled foreign air transportation of persons, property, and mail between Minneapolis/St. Paul, Minnesota, and Punta Cana, Dominican Republic, and to integrate this authority with its existing certificate and exemption authority. By: Paul Gretch OST-04-17347 - Registration of Name Change March 15, 2004 Application for Registration of Name Change Olympic Airways SA respectfully requests that the Department of Transportation approve and register a change in the name of Olympic Airways SA to Olympic Airlines SA. Olympic Airways requests that the instant application be considered and approved expeditiously. Counsel: Condon & Forsyth, Thomas Whalen, 202-289-0500 Servicios Aeronauticos Z, S.A. de C.V. OST-97-2651 - Exemption- Mexico-US March 12, 2004 Application for a Renewal of Exemption By: Daniel Elizondo OST-96-1960 - Family Assistance Plans March 5, 2004 Re: Amended Family Assistance Plan By: Jack Rentink OST-03-16448 - Exemption from the Provisions of Section 204.7 of the Economic Regulations March 16, 2004 On October 31, 2003, TAL filed an application in Docket OST‑2003‑16448 requesting an exemption from section 204.7, and included a proposal involving new ownership and management. Although TAL did not indicate whether its application was for an extension of time from the one‑year revocation period or was a notice to resume operations, we construed it as a request for an extension of time. Based on further discussions with you and with counsel for the prospective new owner, we gave TAL until February 27, 2004, to submit information supporting its new proposal. TAL filed an amendment to its application on February 25, 2004, notifying the Department that the proposed acquisition had fallen through, but that TAL still planned to resume operations. Additional information on its proposed ownership and management structure, as well as its new operating plans was included with its filing. Consistent with our past practices, and in light of the information that was filed with the amendment, we have decided to grant TAL a 6-month extension from its one-year revocation date (November 1, 2003); therefore, TAL has until May 1, 2004, to reestablish its fitness and resume operations. We wish to advise you, however, that based on our discussion with the Federal Aviation Administration, it does not appear that TAL has made any progress in obtaining FAA approval to resume operations. By: Air Carrier Fitness, Patricia Thomas Transatlantic, Transpacific, Transborder and Latin American Service Mail Rates Investigation OST-96-1629 - Transatlantic, Transpacific and Latin American Service Mail Rates Investigation March 16, 2004 Motion of American Airlines for Leave to File and Answer to Supplement of United Air Lines As American stated in its answer of December 17, 2003 to the USPS, the analysis the USPS has submitted in this docket is not compelling. The USPS analysis does not focus on specific markets, time frames, or seasonal capacity. The USPS analysis wrongly assumes that carriers do not invest in capital assets to support belly‑hold products. The USPS estimates of marginal costs by geographic region are without support. The resulting claim by USPS that it has overpaid $223 million in annual transportation expenses is no more than a loosely contrived and unsupported provocative statement. It is now the third week in March, and the Department has not yet proposed new rates for CY 2004. For almost 30 years, the Department has revised international mail rates under current methodology on at least an annual basis' in order to insure that carriers are fairly compensated for carrying international mail in light of current costs. The analysis presented by the USPS has been fully rebutted by the Mercer Report, and provides no basis for the Department to summarily abandon its long‑standing practice, particularly given the adverse economic conditions facing the airline industry. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com Tyrolean Airways, Tiroler Luftfahrt AG OST-00-7838 - Codeshare with United March 15, 2004 Re: Application for Renewal of Exemption (Change in Corporate Status) Tyrolean Airways, Tiroler Luftfahrt AG has changed its corporate status from Aktiengesellschaft ("AG") (that is, a general stock corporation) to Gesellschaft mit beschränkter Haftung ("GmbH") (that is, a limited liability company). Accordingly, the company's name is now "Tyrolean Airways, Tiroler Luftfahrt GmbH". This change in corporate status does dot affect the ownership or control of the company. Tyrolean hereby requests, to the extent necessary, that the DOT exemption and other authority issued to Tyrolean reflect this name change. In addition to the exemption authority in the above-referenced docket, Tyrolean holds a codesharing statement of authorization in Docket OST-2000-7751. Tyrolean is also an "affiliate" covered by the Department's Orders granting approval of and antitrust immunity for alliance agreements in Docket OST-2000-7828 and OST-2001-11029. Counsel: Shaw Pittman, J.E. Murdock, 202-663-8342, sandy.murdock@shawpittman.com US Passenger Air Carriers / Brendan Airways, LLC d/b/a USA 3000 Airlines OST-03-15021 - Waiver of the Dormancy Conditions on Limited-Entry Route Authority March 16, 2004 To the extent necessary, USA 3000 requests leave to file late the Notice required by Order 03‑4-18 No other U.S. carrier currently operates to Durango and no party will be prejudiced by this late filing. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com 2002 U.S.-Ecuador All-Cargo Service Case Order 04-3-16 Issued and Served March 16, 2004 After careful review of the record, and in light of the fact that Custom Air has withdrawn its request for three frequencies in this proceeding, we have decided to make final our tentative decision in Order 2002-8-11, with certain modifications, to award the subject 15 weekly frequencies to U.S. carriers for scheduled U.S.-Ecuador all-cargo services, as follows: Atlas-6; Florida West-5; Evergreen-2; and Arrow-2. We will also award the requisite underlying exemption authority and certain route integration authority to Atlas and Evergreen for their proposed services. In addition, we will grant the motion of Custom Air to withdraw its application in this proceeding. By: Susan McDermott |
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