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OST Docket Filings for January 10, 2005
Updated:
| Applications and Renewals:
American - US-China Codeshare with China Eastern Renewal / US-Spain Codeshare with Iberia Renewal / US-Serbia and Montenegro/Macedonia Codeshare with Swiss Renewal Consorcio Aviaxsa - Monterrey-Los Angeles Renewal Delta - US Mexico Codeshare with Aeromexico Renewal IATA - Application for Approval of Agreements Promech Air - Family Assistance Plan US Airways - Charlotte/Chicago/Washington, DC/Ft. Lauderdale-Bermuda Renewal / US-Taiwan Codeshare with United Renewal US-Ecuador All-Cargo Service Case - Application of Atlas for Further Waiver of Start-up Condition / Polling Letter Answers and Replies: Ascend Aviation et al. - Motion for Stay of Proceedings Boston-Maine Airways - Answer of Boston-Maine to Motion of ALPA Delta - Atlanta-Rio de Janeiro Polling Letter EAS at Altoona and Johnstown, PA - Proposal of Colgan Air EAS at Hana, Kamuela, and Kalaupapa, HI - Opposition to Request for Extension of Time of Pacific Wings Gulf and Caribbean - Clarification of Response to Questions from Air Carrier Fitness Nondiscrimination on Basis of Disability in Air Travel - Comments of Phillip Hensley Notices of Action Taken: None Notices and Orders: EAS at Hana, Kamuela, and Kalaupapa, HI - Order Granting a 30-Day Extension for Public Comments EAS at Sheridan, WY - Order Selecting Carrier |
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OST-98-3622 - Exemption - Los Angeles/San Francisco-Beijing/Shanghai Codesharing with China Eastern Airlines January 10, 2005 Application for Renewal of Exemption Hereby applies for renewal of its exemption, most recently renewed by Notice of Action Taken in this docket on March 17, 2003, authorizing American to engage in scheduled foreign air transportation of persons, property, and mail between Los Angeles and San Francisco, California, on the one hand, and Beijing and Shanghai, China, on the other. This authority is used for a codesharing arrangement between American and China Eastern Airlines Corporation Limited which was approved by Notice of Action Taken (undocketed) on May 8, 1998 for an indefinite term. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-97-2965 - Exemption - US-Spain Codesharing with Iberia January 10, 2005 Application for Renewal of Exemption Hereby applies for renewal of its exemption, initially granted by Order 98-12-6, December 7, 1998, and last renewed by Notice of Action Taken in this docket on March 20, 2003, authorizing scheduled foreign air transportation of persons, property, and mail between New York, Chicago, and San Juan, on the one hand, and Madrid, on the other. American uses this authority to conduct codesharing operations under an arrangement with Iberia Lineas de Espana S.A., which was also approved (for an indefinite term) by Order 98-12-6. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-03-14319 - Exemption - US-Serbia and Montenegro/Macedonia Codeshare with Swiss January 10, 2005 Application for Renewal of Exemption Hereby applies for renewal of its exemption, initially granted by Notice of Action Taken in this docket on January 13, 2003, authorizing scheduled foreign air transportation of persons, property, and mail between points in the United States, on the one hand, and points in Serbia and Montenegro (formerly Yugoslavia), on the other, with the right to integrate such authority with American's certificates of public convenience and necessity and other exemptions. American uses this authority to serve Belgrade by codesharing with Swiss International Air Lines Ltd. via Zurich. American and Swiss hold codesharing authorization (indefinite duration) granted by Notice of Action Taken in OST-2002-12001 on April 23, 2002. American is not seeking renewal of its exemption authority to serve Macedonia. Swiss terminated service to Skopje, Macedonia on October 26, 2003. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com Ascend Aviation Group, LLC / Ascend Aviation Marketing and Sales, LLC / KCP Leasing and Services, LLC / Scot Spencer / George Warde OST-04-17486 - Enforcement Proceeding January 7, 2005 Motion for Stay of Proceedings The Office of Assistant General Counsel for Aviation Enforcement and Proceedings, pursuant to 14 CFR 302.11, respectfully requests a stay until January 26 of further proceedings in this matter and that the deadline for concluding written discovery be extended until February 18, 2005. In support of this motion, the Enforcement Office states as follows: Several of the parties have reached agreement with the Enforcement Office to settle this matter and the requested stay will permit the parties to focus on concluding these negotiations, reducing their agreement to writing and submitting the agreement to Your Honor for approval in accord with 14 CFR 302.417. Grant of the requested stay and extension of the written discovery deadline is in the public interest because, among other things, settlement of the proceeding will conserve the scarce resources of the parties and the Office of Hearings. The Enforcement Office has conferred with counsel for Respondents, including Scot Spencer and George Warde, and they do not object to this motion. For these reasons, the Enforcement Office respectfully requests a stay until January 26 of further proceedings in this matter and that the deadline for concluding written discovery be extended until February 18, 2005. Counsel: Dayton Lehman, Jr. OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations January 7, 2005 Answer of Boston-Maine Airways to Motion of the Air Line Pilots Association ALPA has virtually acknowledged that its purpose in opposing BMAC's large‑aircraft applications is an attempt by ALPA to circumvent a labor dispute between ALPA and BMAC's affiliated sister corporation, Pan American Airways Corp. Pan Am and BMAC are separate and independent companies, but they are affiliated through common ownership by a holding company, Pan American Airlines, Inc. which is a closely‑held corporation owned by a small group of investors. Those investors acquired Pan Am and other related companies out of a Chapter 11 bankruptcy proceeding in June 1998. The thrust of ALPA's argument that BMAC is unfit to retain its long‑standing certification is based entirely upon the alleged and unrelated conduct of other parties, including Pan Am. Indeed, ALPA has no alternative in formulating its attack on BMAC, because BMAC itself has demonstrated its successful and consistent commitment to compliance with all applicable safety, operating, corporate and regulatory requirements and ALPA could not, in good faith, allege otherwise. Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com
Consorcio Aviaxsa, S.A. de C.V. OST-00-6745 - Monterrey-Los Angeles January 7, 2005 Application for Renewal of an Exemption | Word On March 6, 1998, Applicant filed an application to amend its foreign air carrier Permit application to add scheduled air transportation between points in Mexico and the United States, and, subject to Department regulations, between points in the United States and points worldwide. The Department has not acted on the application. Applicant continues to provide scheduled air transportation between Monterrey, Mexico and Los Angeles, California under the designation granted by the Government of Mexico. Applicant requests the renewal of the exemption granted by Notice of Action Taken on January 27, 2004 pending the Department’s final approval of the amended permit application. Counsel: Marquez & Associates, Jim Marquez, 202-715-7811, j.j.marquez@worldnet.att.net
OST-97-3289 - US-Mexico Codeshare with Aeromexico January 10, 2005 Application for Renewal of an Exemption Delta Air Lines, Inc. hereby applies for renewal of an exemption, pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice in Proceedings, to authorize Delta to continue to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points within Mexico beyond Delta's authorized Mexican gateway points for transborder services, for the purpose of blind-sector codesharing services operated between the Mexican gateway points and other points within Mexico on services operated by either Delta or Aerovias de Mexico, S.A. de C.V. Delta's U.S.-Mexico beyond gateway exemption authority was initially granted by Order 99-6-6 and subsequently renewed by Notices of Action Taken dated April 19, 2001 and March 13, 2003. The authority is set to expire on March 13, 2005. Delta requests that this authority be renewed for an additional period of at least two years. Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8382, sascha.vanderbellen@shawpittman.com
OST-04-19161 - Atlanta Rio de Janeiro January 10, 2005 Delta Air Lines, Inc., has completed a poll of all carriers on the attached service list. No carrier has any objection to a shortened answer date of 5 pm, Tuesday, January 11, 2005. Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8382, sascha.vanderbellen@shawpittman.com Essential Air Service at Altoona and Johnstown, Pennsylvania OST-02-11446 - EAS at Altoona, PA January 6, 2005 Colgan is a regional airline operating Beech 1900 and Saab 340 aircraft as US Airways Express under agreement with US Airways. The services currently offered by Colgan allow seamless connection to US Airways' domestic and international route system via Pittsburgh's Greater Pittsburgh International hub. As the incumbent carrier, Colgan continues to work closely with the community, fostering excellent relationships, working to improve ridership, and surpassing community air service needs, while providing a superior level of passenger service. Colgan presents five proposed service options with 18 non‑stop or one‑stop trips each week on B 1900 aircraft intended to enhance air service. Although the service proposals utilize Beech 1900 aircraft, Colgan currently operates a Saab 340 aircraft in Johnstown, and will continue to do so as long as the market supports this service. By: Michael Colgan Essential Air Service at Hana, Kamuela, and Kalaupapa, Hawaii OST-97-2833 - EAS at Kamuela, HI
January 5, 2005 Re: Opposition of Pacific Wings Airlines to Request for Extension of Time Earlier today we were notified that your office has received two requests for an extension of time to respond to your letter dated December 13, 2004 sent simultaneously to Mr. Roy Sakata, Mayor Harry Kim, and Mayor Alan Arakawa requesting the views of the affected communities. The requests come on the eve of the January 7, 2005 deadline imposed in the December 13 letter. Because the requests fail to show good cause for an extension of time, and because further delay in making an EAS decision and award will prejudice Pacific Wings, Pacific Wings hereby opposes any extension of time. Counsel: Patton Boggs, Gregory Walden, 202-457-6135, gwalden@pattonboggs.com
Order 05-01-06 Issued and Served January 7, 2005 Order Granting a 30-Day Extension fro Public Comments | Word By this order, the Department is granting a 30-day extension for the submission of public comments, until February 7, 2005. By: Randall Bennett
Essential Air Service at Sheridan, Wyoming Order 05-01-07 Issued January 10, 2005 | Served January 13, 2005 By this order, we are selecting Big Sky Transportation Co., d/b/a Big Sky Airlines, to provide essential air service with 19-passenger Fairchild Metro III/23 aircraft at Sheridan, Wyoming, for two years for an annual subsidy rate of $336,701. We are also directing Great Lakes Aviation, Ltd., to show cause why we should not set the subsidy rate of $806,914 on an annual basis, for its provision of service from November 1, 2004, until Big Sky Airlines inaugurates essential air service at Sheridan. The community has expressed a preference for a service proposal that would offer more capacity with 30-seat aircraft at significantly greater cost than the 19-seat aircraft proposals we have before us. To evaluate the need for this level of capacity increase, we have updated the summary of revenue passenger traffic data originally presented in Appendix A of Order 2004-8-29. (The updated summary may be found in Appendix A of the instant order.) We note that Sheridan exhibits relatively strong traffic, approaching pre-September-11 levels. Nevertheless, we do not find evidence that passenger demand is exerting the level of pressure on capacity that would warrant an expensive capacity upgrade. For example, for the past three years, Sheridan has generated an average of 35, 34, and 36 passengers a day. Three round trips a day with a 19-seat aircraft provide 57 outbound seats a day, resulting in load factors in the 60-65 percent range. In addition, it is important to note that the Essential Air Service Program provides a safety net level of service, and not necessarily all of the service that communities might prefer. By: Karan Bhatia Gulf and Caribbean Cargo, Inc. OST-96-1023 - Amendment to Its Certificate of Public Convenience and Necessity January 10, 2005 Re: Clarification of Response to Questions from Air Carrier Fitness In response to question No. 9 of the Department's December 1, 2004 letter requesting additional information for its review of the fitness of Gulf & Caribbean Cargo, Inc. to operate additional large aircraft, I attached to my December 14, 2004 response pages from the Comerica Bank website indicating that Gulf & Caribbean and its related companies, IFL Group, CAC and Shadrack had certain cash balances in their Comerica Bank accounts. Specifically, the webpage provided to the Department for the IFL Group showed that the company had an available balance of $5,292,827 in its bank accounts. I also indicated in my December 14 letter that the IFL Group has a $12 million line of credit with Comerica Bank that will be available to Gulf & Caribbean post-consolidation. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com International Air Transport Association OST-05-20074 January 10, 2005 Application for Approval of Agreements PTC3 0798 dated 21 December 2004TC3 Areawide Resolutions r1-r8 Counsel: IATA, David O'Connor, 202-293-9292 Nondiscrimination on Basis of Disability in Air Travel OST-04-19482 - Notice of Proposed Rulemaking January 10, 2005 Re: Comments of Phillip Hensley Please reference Docket Number OST-2004-19626-1. It is my understanding that the DOT is considering a rule allowing the Airlines to charge for a seat for passengers with service dogs. I am voicing my concern that this will affect many people that may not be able to afford to fly if they have to buy 2 tickets. I understand that a service dog takes up room on board a plane, but I would hope there is some other alternative. Also, I assume since the passenger with the service dogs has to purchase a seat for the dog, the dog would be entitled to sit in the seat. I don't want to be sitting in a seat occupied by a dog on the flight before me. Maybe an alternative is to offer free transport of the dog in a kinnel after the passenger is seated. Again, please do not allow this rule. By: Phillip Hensley OST-96-1960 - Family Assistance Plan January 10, 2005 By: Sherry Hassell
OST-01-11152 - Exemption - Charlotte/Chicago/Washington, DC-Bermuda January 7, 2005 Application for Renewal of Exemption applies for renewal of its exemption to engage in scheduled foreign air transportation of persons, property, and mail (i) between Charlotte (NC), Chicago (IL), and Washington, DC, on the one hand, and Bermuda, on the other hand and (ii) between Ft. Lauderdale (FL) and Bermuda. In addition, US Airways requests that the Department, to the extent permitted, consolidate these Bermuda authorities into one of these dockets with a common expiration date. See, e.g., NOAT, dated February 26, 2003, Dockets OST-03-14529, 95-736 (granting America West's request for consolidation with authorities to run concurrently); NOAT, dated January 30, 2004, Dockets OST-97-2128, 00-7338, 02-13855 (granting US Airways' request to consolidate Cancun authorities and for them to run concurrently). Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com
OST-03-14508 - Exemption - US-Taiwan Codeshare with United Air Lines January 7, 2005 Application for Renewal of Exemption Renewal of US Airways' exemption will serve the public interest by permitting US Airways to provide competition to other carriers serving Taiwan directly and through codeshare services. US Airways is not currently providing codesharing service to Taiwan, but wishes to maintain the flexibility to offer such services. Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com 2002 US-Ecuador All-Cargo Service Case OST-02-12503 - US-Ecuador All-Cargo Frequencies
January 10, 2005 Application of Atlas Air for Further Waiver of Start-Up Condition | Word Atlas has been working diligently to complete the Ecuadorian licensing process and is now almost ready to start scheduled service. The only regulatory task remaining is to provide Ecuador with an Atlas official’s signature on the Ecuadorian operations specifications. Atlas had thought it could transmit a copy electronically but has been informed that Ecuador requires the original. The process will take several days. Even under the most optimistic view, it is not possible for Atlas to have started service and operated six flights by Saturday. To provide additional time for the referenced document transfer and to allow for other unforeseen events, Atlas requests a further startup waiver through January 31, 2005. Counsel: Atlas, Russell Pommer, 202-822-9121, rpommer@atlasair.com
January 10, 2005 Earlier today, Atlas Air, Inc. filed an application for a short further waiver of the startup condition attached to the Department’s award of U.S.-Ecuador exemption authority and frequencies, to January 31, 2005. We have polled the carriers served with the application (FedEx, UPS, Gemini, Amerijet, Arrow and Florida West) and have been authorized to state that none objects to the Atlas request. Because the current start-up condition requires service inauguration by this Saturday, January 15, Atlas requests that the Department grant the waiver extension request as soon as possible. Counsel: Atlas, Russell Pommer, 202-822-9121, rpommer@atlasair.com |
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