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OST Docket Filings for January 5, 2005

Updated: 1/5/05 | 9:35 PM

Applications and Renewals:

ABSA - Brazil-US Charter Cargo Renewal

Lineas Aereas Azteca - Mexico City-Laredo Renewal / Mexico City/Chihuahua-El Paso/Albuquerque Renewal / Torreon-El Paso Renewal

Polynesian - Renewal of Exemptions

Answers and Replies:

Aloha - Memo Regarding Wheelchair Stowage

American Airlines and United Air Lines against Alitalia and Government of Italy - Contingent Joint Response of American and United and Motion for Leave to File

Aviation Ventures d/b/a Vision Air - Information Request

Boston-Maine - Reply of Boston-Maine to ALPA

EAS at Decatur, IL - Letters in Support of Trans States

EAS at Hana, Kamuela, and Kalaupapa, HI - Letters Requesting the Extension of the Deadline for Community Comments / Letter Extending the Deadline for Community Comments / Letter Commending Pacific Wings / Letter in Support of Pacific Wings

US-China Air Services - Letters in Support of United

Notices of Action Taken:

American - Frankfurt-Chicago/Dallas/Ft. Worth; Paris-Chicago/Dallas/Ft. Worth/Miami/New York Codeshare with Gulf Air

Mexicana - Mexico City-Miami Renewal

Notices and Orders:

SkyLink Airways - Order to Show Cause - Issuance of Foreign Certificate and Deferring Action on Interstate Certificate




Aerolinhas Brasileiras, S.A. - ABSA

OST-96-1372 - Brazil-US Scheduled/Charter All-Cargo

January 5, 2005

Application for Renewal of Exemption Authority

Permit ABSA to continue to conduct scheduled and charter all-cargo services between any point or points in Brazil and the U.S. coterminal points New York/ Atlanta! Miami/ Orlando/ Detroit/ Houston/ Chicago/ Los Angeles/ Washington D.C./ Baltimore/ San Francisco/ Boston/ San Juan, via intermediate points.

Counsel: Celestino Pena, 305-856-5655, cpena2@mindspring.com

http://www.absacargo.com.br/

Index


Aloha Airlines, Inc.

OST-04-19190 - Petition for an Exemption from 382.21(a)(2) of Title 14, Code of Federal Regulations

January 5, 2005

Re: Memo Regarding Wheelchair Stowage

On December 2, 2004, the Department of Transportation's Office of the Assistant General Counsel for Aviation Enforcement and Proceedings met with Aloha to discuss its request for an exemption from the in-cabin stowage requirements for a passenger's folding wheelchair on its Boeing 737-700 aircraft used in Aloha's 180 minute ETOPS operation. Aloha states that its situation is unique because Aloha is the only U.S. air carrier conducting this specific type of operation between Hawaii and North America, and the operation requires additional fuel and equipment to be loaded on the aircraft.

The Enforcement Office is currently reviewing all materials and information provided by Aloha, along with comments offered by Hawaiian Airlines, and will use this information on which to base its decision concerning Aloha's exemption request.

By: Daeleen Chesley

http://www.alohaairlines.com/

Index


American Airlines, Inc.

OST-04-19923 - Statement of Authorization - Expanded Codeshare with Gulf Air

January 5, 2005

Department Action on Application

This Notice amends the Statement of Authorization granted to American Airlines to permit American Airlines to carry the code used by Gulf Air Company G.S.C. on flights between:

Frankfurt and: Chicago
Dallas/Ft. Worth

and between:

Paris (CDG) and: Chicago
Dallas/Ft. Worth
Miami
New York (JFK)

By: John Kaiser

http://www.aa.com/

Index


American Airlines, Inc. and United Air Lines, Inc. against Alitalia-Linee Aeree Italiane S.p.A. and the Government of Italy

OST-04-19790 - Joint Complaint of American and United Under Section 2(b) of the International Air Transportation Fair Competitive Practices Act

January 5, 2005

Contingent Joint Response of American Airlines and United Air Lines and Motion for Leave to File

Air France seems to think that American and United should be satisfied if Alitalia simply ceases to use one form of third‑country code share to serve the U.S.-Linate market. What American and United are seeking is not, however, cessation of U.S.‑Linate service by Alitalia, Air France or any other carriers. What is sought is, rather, that U.S. carriers such as American and United be allowed to offer online competition for U.S.‑Linate traffic by code sharing on authorized services operating between EU gateways and Linate, code‑share competition that is expressly authorized by the U.S.‑Italy Open Skies Agreement. Only if the GOT continues discriminatorily to prohibit such service by American and United should the proposed sanctions be applied. Air France should more properly petition the GOT to eliminate the discriminatory implementation of its Linate Airport policy than whine to DOT about how an IATCPA remedy enacted for that purpose will inconvenience Air France.

Air France apparently has either misunderstood or chosen to misunderstand the remedy proposed by American and United. Air France, like British Airways and Lufthansa, will continue to be able to offer online service between the U.S. and Linate by making connections between its own flights. What Air France will not be allowed to do is use its code sharing on Alitalia's services to/from Linate to construct online services to or from the U.S., just as American and United are precluded from doing with British Airways and Lufthansa, respectively

Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American / Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

Index


Aviation Ventures, Inc. d/b/a Vision Air

OST-04-19518 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger

January 5, 2005

Re: Information Request

We have completed our initial review of the application filed on October 28, 2004, by Aviation Ventures d/b/a Vision Air for the determination of its fitness to conduct interstate scheduled air transportation. This review has revealed the need for additional and/or clarifying information before we can complete processing of Vision's application. The attached Information Request lists the areas where further and/or clarification information is necessary.

By: Air Carrier Fitness, Damon Walker

Index


Boston-Maine Airways Corp.

OST-04-19919 - Exemption - St. Kitts and Nevis Scheduled Service

January 5, 2005

Reply of Boston-Maine Airways

BMAC emphatically denies that it exercises any control over its affiliate, Pan Am, or any other company, either directly or through any common ownership. Most significantly, ALPA itself does not allege that BMAC's owners and/or senior officers have ever exercised their control over BMAC to cause BMAC to violate any federal aviation or labor laws. On the contrary, BMAC has conducted its business and operations in scrupulous compliance with all applicable federal, state and local laws and regulations.

BMAC requests the Department to expedite the issuance of an Order or Notice of Action Taken granting it an exemption authorizing BMAC to provide scheduled foreign air transportation of persons, property and mail between the U.S. and St. Kitts and Nevis, for a period of one year, utilizing B‑727‑200 aircraft, as requested in BMAC's December 15, 2004 application in this proceeding.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

http://www.bmairways.com/

Index


Compania Mexicana de Aviacion, S.A. de C.V.

OST-01-11028 - Mexico City-Miami

Filed December 8, 2004 | Issued January 5, 2005

Notice of Action Taken

Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, combination services between Mexico City, Mexico, and Miami, Florida, and beyond.

http://www.mexicana.com/main/

By: Paul Gretch

Index


Essential Air Service at Decatur, Illinois

OST-02-11859 - EAS at Decatur, IL


December 27, 2004

Re: Decatur Airport Letter in Support of Trans States

By: Chris Riley


December 28, 2004

Re: The Chamber of Commerce for Decatur and Macon County Letter in Support of Trans States

By: Randy Prince


December 29, 2004

Re: Economic Development Corporation of Decatur and Macon County Letter in Support of Trans States

By: J. Craig Coil


December 30, 2004

Re: The City of Decatur Letter in Support of Trans States

By: Paul Osbourne

http://www.decatur-airport.org/

Index


Essential Air Service at Hana, Kamuela, and Kalaupapa, Hawaii

OST-97-2833 - EAS at Kamuela, HI
OST-99-6502 - EAS at Hana, HI
OST-00-6773 - EAS at Kalaupapa, HI


December 27, 2004

Re: Harry Kim, Mayor of the County of Hawaii Letter in Support of Pacific Wings

By: Harry Kim


January 3, 2005

Re: Department of Health, State of Hawaii Letter Commending Pacific Wings

By: Michael McCarten


January 4, 2005

Re: State Senator Kalam English Letter Requesting the Extension of the Deadline for Community Comments

By: Kalam English


January 5, 2005

Re: County Council, County of Maui Letter Requesting the Extension of the Deadline for Community Comments

I am writing to you regarding pubic comment on the federal subsidy for air transportation in East Maui. As the situation stands, the period for public input will be closed on Friday, January 7, 2005. I firmly believe that this is not enough time to gauge public sentiment and response; therefore I request that the Department of Transportation extend the comment process for 30 days after January 7.

By: Bob Carroll


January 5, 2005

Re: Letter Extending the Deadline for Community Comments

At the request of the County Council of the County of Maui, Hawaii, we are extending the deadline for filing community comments for the carrier selection case in the above-listed dockets from January 7, 2005, to February 7, 2005.

By: Dennis DeVany

http://www.hawaii.gov/dot/airports/molokai/lup/
http://www.hawaii.gov/dot/airports/maui/hnm/

Index


Lineas Aereas Azteca, S.A. de C.V.


OST-02-11463 - Mexico City-Laredo, TX

January 5, 2005

Application for Renewal of Exemption Authority

By Notice of Action Taken dated February 5, 2002, the Department granted for a period of one (1) year exemption authority for scheduled foreign air transportation of persons, property and mail between Mexico City, Mexico and Laredo, Texas. The authority was most recently renewed by Notice of Action Taken dated February 2, 2004 and is set to expire by its own terms February 2, 2005. Therefore, Azteca requests that its authority to conduct scheduled combination service on this route be extended by a further year.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com


OST-02-14112 - Mexico City/Chihuahua-El Paso/Albuquerque

January 5, 2005

Application for Renewal of Exemption Authority

By Notice of Action Taken dated February 4, 2004, the Department granted for a period of one (1) year renewal of Azteca' s exemption authority for scheduled foreign air transportation of persons, property and mail between Mexico City, Mexico - El Paso, TX; Mexico City, Mexico - Albuquerque, NM; Chihuahua, Mexico - Albuquerque, NM. The authority granted is set to expire by its own terms February 4, 2005. Therefore, Azteca requests that its authority to conduct scheduled combination service on this route be extended by a further year.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com


OST-02-14131 - Torreon-El Paso

January 5, 2005

Application for Renewal of Exemption Authority

By Notice of Action Taken dated January 30, 2004, the Department granted for a period of one (1) year renewal of Azteca' s exemption authority for scheduled foreign air transportation of persons, property and mail between Torreon, Mexico and El Paso, Texas. The authority granted is set to expire by its own terms January 30, 2005. Therefore, Azteca requests that its authority to conduct scheduled combination service on this route be extended by a further year.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

http://www.aazteca.com.mx/

Index


Polynesian Limited

OST-95-791 -Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti
OST-95-806 - Apia and Honolulu, HI
OST-96-1687 - Apia and Los Angeles, CA
OST-98-3631 - Maota, Samoa, and Pago Pago
OST-01-9313 - Honolulu and Auckland, New Zealand, via Apia
OST-02-11657 - Honolulu and Auckland, New Zealand, via Apia
OST-04-19283 - Apia-Pago Pago-Tonga

January 5, 2005

Application for Renewal of Exemptions

Polynesian currently operates flights between (i) Apia, Samoa, and Pago Pago, American Samoa; and (ii) Maota, Samoa, and Pago Pago, American Samoa, utilizing Twin Otter or Britten Norman Islander aircraft. Polynesian also provides scheduled service between Apia and Honolulu with service to Tonga and Auckland, and operates flights between Apia and Tonga via Pago Pago. These flights are operated with Polynesian's B737‑800 aircraft and crews.

Polynesian is aware of the restrictions regarding the carriage of cabotage traffic and remains committed to preventing a recurrence of the difficulties experienced by its corporate predecessor in operating service to Honolulu and Los Angeles. Polynesian believes that the preventive measures instituted and emphasized in recent years have served as highly effective safeguards against the carriage of cabotage traffic. Polynesian intends to continue to employ these safeguards.

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com

http://www.polynesianairlines.com/

Index


SkyLink Airways, Inc.

Order 2005-1-1
OST-04-17171 - SkyLink - Interstate Certificate for Public Convenience and Necessity
OST-04-17172 - SkyLink - Foreign Certificate for Public Convenience and Necessity

Issued January 5, 2005 | Served January 8, 2005

Order to Show Cause - Proposing Issuance of Foreign Certificate and Deferring Action on Interstate Certificate Authority | Word

If issued the certificate authority requested, SkyLink plans to offer low-cost, low-fare scheduled passenger services between points in the U.S. and various foreign points.  As noted earlier, initially, SkyLink seeks authority to provide foreign scheduled air transportation between the United States, on the one hand, and Aruba, Austria, Belgium, Canada, Chile, Costa Rica, the Czech Republic, the Dominican Republic, France, Germany, Italy, the Netherlands, Slovakia, Taiwan, and the United Kingdom, on the other hand. The company has no immediate plans to conduct interstate scheduled passenger operations and has not provided a service proposal including such services.  According to SkyLink, it may at some point conduct scheduled service in domestic markets that are “tag ends” or “stub ends” to its international flights and it plans to explore opportunities to partner with other carriers to serve as feeders into SkyLink’s transatlantic service.

SkyLink indicates that it has not yet made a final determination as to the specific international markets it intends to serve.  It has, however, provided an illustrative service proposal based on services under consideration in various markets, beginning with Baltimore/Washington (BWI Airport) - London (Stansted Airport). SkyLink intends to commence limited scheduled operations with one 236-seat B-767-200ER aircraft for approximately three months and then add three more aircraft.  By the end of its first year, the company plans to have eight B-767 aircraft in its fleet.

By: Karan Bhatia

http://www.skylinkairways.com/

Index


2005/2006 US-China Air Services Case and Designations

OST-04-19077


Multiple Submitters from San Francisco in Support of United Air Lines


Multiple Submitters from San Francisco in Support of United Air Lines


Index



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