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OST Docket Filings for January 12, 2005
Updated:
| Applications and Renewals:
America West - Los Angeles-Mexico City Exemption Cathay Pacific - Hong Kong-US Combination/Cargo and Hong Kong-San Francisco Combination Renewal Gulf Air - Abu Dhabi/Bahrain/Oman/Qatar-US Codeshare with American Answers and Replies: Alaska Airlines - Letters in Support for Los Angeles-Mexico City BTS Form 41 Confidential Treatment - Further Comments of Jack B. Feir & Associates EAS at Muscle Shoals, AL - Letter in Support of Northwest Airlink Nondiscrimination on Basis of Disability in Air Travel - Letter from IATA in Support of Request for Extension to File Comments / Comments of the Partners of Assistance Dogs Network Small Community Air Service Development Program - Letter Updating Information at The Eastern Iowa Airport / Letter in Support of San Angelo, TX / Letter in Support of Texas and Louisiana Communities / Letters in Support of Cheyenne, WY USA 3000 - Motion and Reply of USA 3000 to United (Chicago-Zihuatanejo) US-China Designations - Letters in Support of Delta by Delta Employees Notices of Action Taken: Continental and Aeromexico - US-Mexico Codeshare Notices and Orders: Disclosure of Codesharing and Long-Term Wet Lease Arrangements - Notice of Proposed Rulemaking EAS at Dickinson, ND - Order Selecting Carrier (Great Lakes) Eagle Canyon Airlines d/b/a Scenic Airlines - Reissuance of Certificate |
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OST-05-20073 - Exemption - Los Angeles-Mexico City
January 11, 2005 Re: Letter in Support from an Anonymous Person I would like to send along my support for this proposed service. I think that LAX-MEX would add to Alaska's already impressive service to Mexico from LAX, providing easy connections from much of the pacific NW, Northwest Canada and Alaska. By: ???
January 11, 2005 Re: Letter in Support from William Wesselman I hope that the US government will support the bid by Alaska Airlines to service the LAX-MEX route that Delta Air Lines has given up. This is a great opportunity for an airline that has worked hard to serve the west coast routes to expand into Mexico City. LAX is a mini-hub for Alaska Airlines...more so than AA and CO. I urge you to support this application. By: William C. Wesselman, 1323 Jackson Street #508, Omaha NE 68102 OST-2005-20096 - Exemption - Los Angeles-Mexico City January 12, 2005 Hereby applies for an exemption, effective for a period of at least two years, from 49 U.S.C. § 41101, to begin two daily scheduled combination frequencies between Los Angeles International Airport and Mexico City, Mexico, beginning May 1, 2005, using Airbus A319 equipment. America West respectfully requests that the Department grant this authority immediately to facilitate obtaining the necessary Mexican authority and to begin marketing its proposed service. America West now serves eleven Mexico destinations from its hub in Phoenix and three from its hub in Las Vegas, providing one‑stop service, via America West and America West Express, to Mexico from the 78 U.S. cities served from these hubs. America West also has rapidly expanded its presence at LAX, quintupling the number of cities it serves from LAX and increasing daily LAX departures 40 percent in the last 15 months. America West has outpaced growth at LAX of the other carriers filing applications for authority to operate in the LAX‑MEX market. Moreover, of the ten destinations America West serves from LAX, three are in Mexico: Puerto Vallarta, Mazatlan, and Acapulco. This illustrates the synergies between America West's rapid growth in both Mexico and LAX. Importantly, as throughout its system, the America West commitment to quality low‑fare, full‑service has been a catalyst to its rapid expansion at LAX and continued growth in Mexico. Grant of this application is in the public interest, as it will bring consumers an important low‑fare alternative to the current service by United. Counsel: America West and Baker Hostetler, Joanne Young, 202-861-1532
BTS Request for Public Comments on 14 CFR Part 241 Reporting Requirements BTS-2004-19380 - Confidential Treatment of Form 41, Schedules B7 and B43 January 10, 2005 Re: Further Comments of Jack B. Feir & Associates When this issue was previously open for public comment in the early 1990s, the Department observed that none of the respondents then had produced evidence of previous harm. That is still the case. None of the current responses favoring confidentiality pointed to examples of any previous harm during the decades when such data had been routinely released. Nor did they cite cases of competitive imbalance since then when certain carriers continued to allow release of their data while others requested theirs to be withheld. UPS, for example, did not say how they enjoyed any competitive advantage over Federal Express during the early 1990s when UPS's data was withheld while FedEx's was publicly available. Equally, FedEx did not respond to the current request for comments with examples of how they were harmed during that period. The truth is that we have had a real-world experiment of several preceding decades when data was released and the most recent decade when some of it was withheld, but no‑one claims to have been a loser on that account (or a winner, for that matter) during either period. By: Jack Feir Cathay Pacific Airways Limited OST-95-940 - Exemption - Hong Kong-Vancouver-New York Combination Service; Hong Kong-Toronto-Anchorage/Chicago/New York All-Cargo Service January 11, 2005 Application for Renewal of Exemptions By this request, Cathay seeks renewal of its exemption authority to engage in (a) scheduled foreign air transportation of persons, property and mail between Hong Kong and New York, NY via Vancouver, Canada, OST-95-940; (b) scheduled foreign air transportation of property and mail between Hong Kong and the coterminal points Anchorage, AK; Chicago, IL and New York, NY, via Toronto, Canada, OST-95-940; and (c) scheduled foreign air transportation of persons, property and mail between Hong Kong and San Francisco, CA, OST-98-3950. Cathay currently is providing daily nonstop A-340 combination service between Hong Kong and New York, and daily one stop service via Vancouver. In addition, it offers daily B-747-400 nonstop service between Hong Kong and San Francisco. Both services have been well-received by the traveling public and Cathay desires to renew the authority for an additional year. In addition, Cathay carries the designator code of American Airlines, Inc., on the two routes, which enables American to offer competitive service. Notice of Action Taken, dated January 8, 2003 in Docket OST-2000-6824. Cathay also provides multiple weekly B-747 all-cargo frequencies between Hong Kong, on the one hand, and Chicago and New York, on the other, via Anchorage, and the service has been heavily patronized by both Hong Kong and U.S. shippers. Counsel: DLA Piper Rudnick, William Evans, 202-861-6459, bill.evans@dlapiper.com Continental Airlines, Inc. and Aerovias de Mexico, S.A. de C.V. OST-04-16972 - Statements of Authorization to Engage in Codesharing / Exemption - US-Mexico Points / Exemption - Mexico-US Points and Special Authorization Under 14 CFR Part 216 Filed January 26, 2004 | Supplemented April 8, 2004 | Date of Action January 11, 2005 Department Action on Application This Notice amends the Statement of Authorization granted previously in the captioned docket to add certain code-share services involving the small-aircraft operations of Aerolitoral, S.A. de C.V.:
By: George Wellington Disclosure of Codesharing and Long-Term Wet Lease Arrangements OST-04-19083 - Petition for Rulemaking to Amend 14 CFR 257.5(d) January 5, 2005 Notice of Proposed Rulemaking - Pre-Publication Final Publication in Federal Register - January 13, 2005 The Department of Transportation is proposing to amend its rule governing the disclosure of code-share and long-term wet lease arrangements in print advertisements of scheduled passenger services to permit carriers to disclose generically that some of the advertised service may involve travel on another carrier, so long as they also identify a list of all potential carriers involved in serving the markets being advertised. This proposed action is being taken in response to a petition for rulemaking filed by United Airlines, Inc. We are tentatively of the opinion that the benefits of the additional specific notice provided consumers in a print advertisement under the present rule may not outweigh the detriment to carriers and the public of continuing to require such detail. We not only agree that these footnotes are burdensome for carriers, but we also see merit in the argument that the many separate footnotes now required where multiple markets are contained in a single advertisement may also confuse customers rather than inform them of advertised services. Therefore, while we will continue to consider a failure to disclose code-share and wet lease arrangements in print advertisements to be an unfair and deceptive trade practice and to vigorously enforce any such violations, we are tentatively of the opinion that continuing to require that carriers identify each specific partner carrier that serves each particular city-pair route or market being advertised is not necessary for consumers adequately to be informed of the advertised service. Accordingly, we are proposing to grant United's petition for rulemaking and amend our rule governing codeshare and long-term wet lease disclosure in print advertisements to permit a generic statement indicating that some of the advertised service may involve travel on another carrier, so long as such advertisements also include a list of all potential code-share or wet lease carriers involved in serving the markets being advertised. By: Karan Bhatia Eagle Canyon Airlines, Inc. d/b/a Scenic Airlines Order 2005-1-10 Issued January 12, 2005 | Served January 18, 2005 On November 12, 1998, Eagle registered with the Department the trade name "Scenic Airlines, Inc." On December 21, 2004, Eagle filed an application in Docket OST‑200419953 to reissue its certificate in the name of "Scenic Airlines, Inc." Eagle states that this is a change in corporate name only and does not constitute a change in operations, substantial or otherwise. The change in the corporate name was accomplished on November 23, 2004, by an amendment to its articles of incorporation. In support of its application the carrier states that for the past several years all operations have been provided under the "Scenic" trade name. By: Randall Bennett Essential Air Service at Dickinson, North Dakota Order 2005-01-09 Issued January 7, 2005 | Served January 15, 2005 Order Selecting Carrier | Word The proposals submitted by Mesa/Air Midwest have not garnered any expressions of community support, and they would require more subsidy than the corresponding proposals of Great Lakes Aviation. We thus focus our attention on which of Great Lakes Aviation’s proposal options the Department should select. After a thorough review of the carriers’ proposals and the communities’ comments, we have decided to select Great Lakes Aviation to provide small community air service at Dickinson consisting of two nonstop round trips to Denver each weekday and each weekend with 30-passenger Embraer Brasilia aircraft for the period of October 1, 2004, through January 31, 2007, for $1,697,248 annually. Our decision is consistent with statutory criteria, particularly with respect to the community’s carrier and aircraft size preferences, Great Lakes Aviation’s service reliability, and its code-sharing and interline arrangements with other carriers at the Denver hub. The carrier’s proposed service and subsidy level is reasonable, and the carrier’s service at its other subsidized essential air service communities continues to be satisfactory. We are selecting this option rather than Great Lakes Aviation’s two-round-trip Beech 1900D option solely because the factors we cited in Order 2002-9-1 - the long 488-mile nonstop distance from Dickinson to Denver and the seat limitations on both small and large aircraft serving Denver during the summer—still apply. Nonetheless, we noted in Order 2002-9-1 that we “strongly encourage the community officials of Dickinson…to work closely with Great Lakes to increase ridership and ultimately to reduce the amount of subsidy required to support the service.” We cannot help but notice that this latter goal has not been met. Although we are selecting the least expensive of Great Lakes Aviation’s 30-passenger aircraft proposals, the subsidy rate of $1,697,248 represents an increase of $157,159 over the current rate set by Order 2002-9-1. By: Karan Bhatia Essential Air Service at Muscle Shoals, Alabama December 20, 2004 OST-00-7856 - EAS at Muscle Shoals, AL Re: Shoals Chamber of Commerce Letter in Support of Northwest Airlink By: Stephen Holt OST-05-20097 - Abu Dhabi/Bahrain/Oman/Qatar-US Codeshare with American January 12, 2005 Hereby applies for an exemption from 49 U.S.C. §41301 in order to engage in scheduled foreign air transportation of persons, property, and mail between Abu Dhabi, Bahrain, Oman, and Qatar, on the one hand, via intermediate points, and a point or points in the United States, on the other, pursuant to a codeshare agreement with any U.S. or foreign airline that holds an appropriate Statement of Authorization to display the Gulf Air code on its flights. Gulf Air initially intends to exercise this authority pursuant to a codeshare agreement with American Airlines. Issuance of the exemption that Gulf Air seeks in this Application will supercede and incorporate the current exemption authority that Gulf Air holds "to conduct scheduled foreign air transportation of persons, property and mail between... Boston/Miami/Chicago/Los Angeles and Abu Dhabi/Bahrain/Oman/Qatar, pursuant to a code-share agreement with American Airlines, Inc." Notice of Action Taken; Docket OST-95-309. American Airlines holds a Statement of Authorization to display the Gulf Air code on American flights between London and Boston/New York (JFK)/Newark/Miami/Chicago/Los Angeles, between Frankfurt and Chicago/DalIas-Ft.Worth, and between Paris and Chicago/Dallas-Ft. Worth/Miami/New York. Statement of Authorization No. 99-07, March 8, 1999, as amended on January 5, 2005, in Docket OST-2004-19923. Counsel: Roller & Bauer, Moffet Roller, 202-331-3300, mroller@rollerbauer.com Nondiscrimination on Basis of Disability in Air Travel OST-04-19482 - Notice of Proposed Rulemaking
January 12, 2005 Re: IATA Letter in Support of Request for Extension to File Comments By: IATA, David O'Connor, 202-293-9292
January 4, 2005 Re: Comments of The Partners of Assistance Dogs Network By: Barbara Burton OST-04-19966 - Chicago-Zihuatanejo; Detroit-Puerto Vallarta/Cozumel January 12, 2005 Motion and Reply of USA 3000 Airlines USA 3000 has filed an application herein for, inter alia Chicago-Zihuatanejo, Mexico Exemption authority seeking grant of such authority for the usual two-year (renewable) term awarded by the Department in such cases. USA 3000's application is for the second available designation on this city-pair, with ATA being the currently designated carrier operating seasonal service. No other carrier, United included, has applied for any authority on Chicago-Zihuatanejo, and USA 3000's application for such valuable, unused, bilaterally-negotiated rights should be promptly granted for the normal full 2-year term. United's suggestion that because United might (or might not) decide to apply for authority sometime later this year somehow requires the Department to award USA 3000 only temporary authority for a few months and then institute a carrier-selection proceeding if United ultimately decides it might want to begin operating service on this city-pair in the Winter 2005/2006 season is without precedent and would be patently unfair and commercially unworkable. United's answer should be dismissed. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com 2004 Small Community Air Service Development Program
August 2, 2004 Re: Letter Updating Information at The Eastern Iowa Airport (Cedar Rapids, IA) By: Lawrence Mullendore
July 2, 2004 Re: Shannon Health Letter in Support of San Angelo, TX By: Dan Stultz
June 7, 2004 By: Richard Vacar
May 13, 2004 Re: Letters in Support of Cheyenne, WY
By: Multiple Submitters 2005/2006 US-China Air Services Case and Designations January 10, 2005 Re: Delta Employee Letters in Support of Delta Air Lines By: Delta Employees |
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