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OST Docket Filings for January 13, 2005
Updated:
| Applications and Renewals:
Gulf Air - Amendment to Application for a Mail Codeshare with United IATA - Special Passenger Amending Resolution Mexicana and American - Notice of Cessation of Certain Codeshare Services - Mexico City-Hermosillo and Manzanillo PrivatAir - Switzerland-US Wet Lease with Swiss - Codeshare with American Volga-Dnepr - North Island NAS-Denver Emergency Exemption Zoom Airlines - Canada-US Scheduled Passenger Renewal Answers and Replies: Aerolineas Argentinas - Fifty-First Escrow Deposit Report and Documentation and November Adjustments / Bank Report Alaska - Letters in Support of Los Angeles-Mexico City Route Ameristar Air Cargo - Passenger Manifest Information Boston-Maine - Motion of Air Line Pilots Association to File an Unauthorized Reply and Reply to Answer of Boston-Maine EAS at Altoona and Johnstown, PA - Letters from Aviation Analysis - Update on EAS Situation EAS at Muscle Shoals, AL - Letters from Aviation Analysis - Update on EAS Situation JetBlue - Memo Regarding a Metting between The Department of Transportation and JetBlue - Wheel Chair Stowage Nondiscrimination on Basis of Disability in Air Travel - Comments of Natalie Hunter US-Brazil Combination Frequencies - Letter Against Delta's Atlanta-Rio de Janeiro Application 2004 US-Mexico Service Proceeding - Letter from Spirit - Introducing Detroit-Cancun Service Notices of Action Taken: Aeroservicios Ejecutivos Corporativos - Mexico-US Taxi Renewal Aerotransportes Mas de Carga - Mexico-US Scheduled Cargo Renewal TAM - Amended Statement of Authorization Codeshare with TAM-Lineas Aereas / Brazil-US Codeshare with American Airlines Notices and Orders: Arrow Air - Notice of Registration of Name Change EAS at Pendleton, OR - Order Prohibiting Termination of Service and Requesting Proposals |
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OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act
December 31, 2004 By: North Fork Bank
January 12, 2005 Re: Fifty-First Escrow Deposit Report and Documentation and November Adjustments Attached please find the FIFTY-FIRST Escrow Deposit, REPORT and DOCUMENTATION for the week ended January 9, 2005, and NOVEMBER ADJUSTMENTS. Aerolineas made a deposit into the escrow of U.S. $29,900.54 (U.S. $38993.95 for the week ended January 9, 2005, LESS U.S. $9,093.41 representing the combined adjustments to the four estimated reports, numbers Forty-Two through Forty-Five, covering the weeks ending November 7, 2004 through November 28, 2004), for a total escrow amount of U.S. $1,502,729.13. Counsel: Rosen Weinhaus, Brian Werfel, 212-530-4833, bwerfel@lrjwlaw.com Aeroservicios Ejecutivos Corporativos, S.A. de C.V. OST-97-2878 - Mexico-US Charter Air Transportation Filed December 3, 2004 | Issued January 13, 2005 Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. By: Paul Gretch Aerotransportes Mas de Carga, S.A. de C.V. OST-96-1249 - Mexico-US Scheduled All-Cargo Filed December 16, 2004 | Issued January 13, 2005 Exemption from 49 USC section 41301 to permit the applicant to conduct scheduled, all-cargo services between: 1) Cancun, Mexico, and Miami, Florida; 2) Mexico City (including Toluca), Mexico, and Los Angeles, California; 3) Guadalajara, Mexico, and Miami, Florida; 4) Mexico City (including Toluca), Mexico, and New York, New York; and 5) Merida, Mexico, and New York, New York. (In its application Mas de Carga also requested authority to serve the Merida-Miami market, but subsequently requested deferral on that portion of its application.) By: Paul Gretch OST-05-20073 - Exemption - Los Angeles-Mexico City
January 12, 2005 Re: Rob Boscardin Letter in Support of Los Angeles-Mexico City Route Application By: Rob Boscardin
January 12, 2005 Re: Stephen Poynter Letter in Support of Los Angeles-Mexico City Route Application By: Stephen Poynter American Airlines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. OST-04-16945 - Statements of Authorization and Related Exemption Authority - US-Mexico Codesharing January 13, 2005 Notice of Cessation of Certain Codeshare Services In accordance with Condition (c) of the Department of Transportation's Notice of Action Taken issued in this docket on April 29, 2004, Compania Mexicana de Aviación, S.A. de C.V. hereby notifies the Department of the cessation of codeshare service on the Mexico City-Hermosillo and Mexico City-Manzanillo routes. Counsel: Squire Sanders, Charles Donley II, 202-626-6840, cdonley@ssd.com OST-98-3305 - Passenger Manifest Information January 12, 2005 Re: Passenger Manifest Information By: Paul Hulsey January 10, 2005 Notice of Registration of Name Change | Word On December 17, 2004, Arrow Air, Inc., a certificated air carrier, requested that the Department register the trade name "Arrow Cargo" for use in certain of its air transportation operations. Part 215 of the Department’s regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such trade name after the carrier gives notification to similarly named carriers of the proposed use of the trade name. There are no other similarly named air carriers. Under these circumstances, on January 10, 2004, we orally acknowledged the registration of the trade name “Arrow Cargo” by Arrow Air for use in its operations. This notice serves as written confirmation of our action. By: Randall Bennett OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations January 13, 2005 BMAC first attempts to disassociate itself from the many law violations cited in ALPA's motion by claiming that those violations were committed by other corporate entities, not by BMAC. It contends that ALPA's motion is thus "deficient as a matter of law" because it "fail[s] to establish any basis warranting a finding by the Department that BMAC has committed act or omission in violation of Federal aviation law or regulations, or any violation of any other federal or state law . . . ." BMAC even goes so far as to argue that "[b]ecause of its lack of involvement in the instances of misconduct cited by ALPA, BMAC has no direct knowledge of the facts or current status of any of the cited cases." These arguments boggle the mind. To begin with, the very first law violation discussed in ALPA's motion ‑‑ the case of ALPA v Guilford Transportation Industries (the Injunction case) ‑‑ found egregious Railway Labor Act violations to have been committed by both Pan Am and BMAC, acting in concert. Counsel: ALPA, Jerry Anker, 202-797-4086 Essential Air Service at Altoona and Johnstown, Pennsylvania
January 12, 2005 Re: Letter from Aviation Analysis to the Honorable Thomas Martin, Mayor of Altoona, PA Colgan has advised the Department that it has prepared its cost estimates for all five options based on operating expenses of the Beech 1900D aircraft. However, it currently operates a larger Saab 340 aircraft at Johnstown and would continue to operate that aircraft at the community as long as it was supported by the market. If selected under either Option 4 or Option 5, where one aircraft would be shared by both Altoona and Johnstown, Colgan has advised us that it would likewise operate the Saab aircraft as long as it was supported by the market. Please note that the estimated average passenger fare shown in a carrier's proposal does not necessarily reflect the average local fare that passengers would actually pay, but rather reflects that portion of the total ticket price, e.g., the Altoona-Pittsburgh portion of an Altoona-(Pittsburgh)-Chicago fare, that would go to the essential air service carrier. Also, the fares shown are net of certain charges such as Federal excise or ticket taxes and Passenger Facility Charges. Of course, Colgan has the discretion to charge fares it deems appropriate, and the passenger fares presented in its proposal have been developed for subsidy rate computation purposes only. Based on the cost elements incorporated in Colgan' s computation summaries, the carrier would have to realize passenger fares comparable to the averages shown in its proposal in order to achieve break-even or profitable operations without subsidy. By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 Re: Letter from Aviation Analysis to the Honorable Donato Zucco, Mayor of Johnstown, PA By: Office of Aviation Analysis, Dennis DeVany Essential Air Service at Muscle Shoals, Alabama
January 12, 2005 Re: Letter from Aviation Analysis to the Honorable Billy Anderson, Mayor of Sheffield, AL Mesaba would continue to provide Muscle Shoals with 13 weekly nonstop round trips to Memphis (two each weekday and three each weekend) for an annual subsidy of $1,364,697. The carrier would also continue to serve Muscle Shoals as a Northwest Airlink carrier using its 34-seat, Saab 340 turboprop aircraft. Air Midwest proposes to provide 13 weekly nonstop round trips to Nashville (two each weekday and three each weekend) for an annual subsidy of $1,180,986. The carrier would serve Muscle Shoals using 19-seat, Beech 1900D turboprop aircraft. Air Midwest currently does not have a code-share agreement with a major carrier at Nashville. Please note that the average passenger fares shown in each proposal do not necessarily reflect the average local fare Muscle Shoals passengers would actually pay, but, rather, reflect a prorated portion of the total ticket price, e.g., the Muscle Shoals-Nashville (or Memphis) portion of a Muscle Shoals-Nashville (or Memphis)-Detroit ticket that the subsidized carrier would realize. Also, the fares shown are net of certain charges such as Federal excise taxes and Passenger Facility Charges. Of course, each carrier has the discretion to charge fares it deems appropriate, and the fares presented by each carrier in their proposals are for comparison purposes only. By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 Re: Letter from Aviation Analysis to the Honorable David Bradford, Mayor of Muscle Shoals, AL By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 Re: Letter from Aviation Analysis to the Honorable Bobby Irons, Mayor of Florence, AL By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 Re: Letter from Aviation Analysis to John Lehrter, Northwest Alabama Regional Airport Director By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 By: Office of Aviation Analysis, Dennis DeVany
January 12, 2005 Re: Letter from Aviation Analysis to the Honorable Billy Shoemaker, Mayor of Tuscumbia, AL By: Office of Aviation Analysis, Dennis DeVany Essential Air Service at Pendleton, Oregon Order 05-01-08 Issued January 13, 2004 | Served January 19, 2005 Order Prohibiting Termination of Service and Requesting Proposals | Word By this order, the Department (1) prohibits Horizon Air Industries, Inc., d/b/a Horizon Air from terminating all scheduled air service at Pendleton, Oregon (2) requires the carrier to continue providing essential air service at the community for an initial 30-day period after its proposed termination date, and (3) requests proposals for replacement essential air service. By: Karan Bhatia OST-04-17205 - Statement of Authorization - Mail Codeshare with United Air Lines January 13, 2005 Amendment to Application for Statement of Authorization Gulf Air Company hereby amends its Application for a Statement of Authorization that it filed in this docket on February 25, 2004, in order to delete Baghdad, Iraq, from the points to which Gulf Air would operate flights displaying the "UN' designator code of United Airlines, Inc. for the purpose of transporting U.S. mail. As amended, the Application seeks a Statement of Authorization under 14 C.F.R. § 212 to display the "UN' code for the transportation of U.S. mail on scheduled Gulf Air flights between London, Paris, Frankfurt, and Hong Kong, on the one hand, and Bahrain, on the other, and beyond to Abu Dhabi, UAE; and Muscat, Oman, pursuant to a codesharing agreement with United. Under the agreement United will transport the mail in question on United flights between points in the United States and London, Paris, Frankfurt, and Hong Kong. All other aspects of the Application filed on February 25, 2004, remain unchanged. Counsel: Roller & Bauer, Moffett Roller, 202-331-3300, mroller@rollerbaur.com International Air Transport Association OST-05-20101 January 13, 2005 Application for Approval of Agreements PTC23 ME-TC3 0224 dated 14 January 2005 Mail Vote 429 - Resolution 010e Special Passenger Amending Resolution between Middle East and Myanmar r1-r5 Counsel IATA, David O'Connor, 202-293-9292 OST-04-19626 - Exemption from 14 CFR Part 382.21(a)(2) January 13, 2005 Re: Memo Regarding a Meeting between The Department of Transportation and JetBlue On January 6, 2005, attorneys from the Enforcement Office met with representatives from JetBlue to discuss its request for an exemption from the requirement that it designate in-cabin stowage for a passenger's folding wheelchair on its new fleet of Embraer-190 (E-190) aircraft. JetBlue stated that its new aircraft should be considered small aircraft, consistent with aircraft that currently is not contemplated by or covered by section 382.21(a)(2). Further, JetBlue stated that the interior configuration of its E-190 fleet does not allow for a standard-sized folding wheelchair to be safely stowed in-cabin. JetBlue pledged that, if granted an exemption, it will designate specific cargo-area for the safe stowage of passenger wheelchairs. By: Karen Hickey Nondiscrimination on Basis of Disability in Air Travel OST-04-19482 - Notice of Proposed Rulemaking January 13, 2005 I feel that the proposed rule changes shift the burden of accommodation to the disabled person in terms of cost and inconvenience. Traveling with a disability is quite challenging as it is without worrying about what surprises lie in store at the ticket counter by the airline. Many disabled people like myself live on fixed incomes. When I plan to travel I budget carefully in advance for the trip and would face serious hardship were I compelled to purchase an additional ticket at the last minute. I would like to see the rules for reasonable accommodation applying to the airline industry adopt language similar to that of the Americans with Disabilities Act. That statute requires business to make accommodations even if some expenditures are necessary. Forfeiting a seat to accommodate a service dog if another passenger refuses to occupy the seat adjacent to it seems on par the financial outlay of refitting restrooms to accommodate wheelchairs or installing ramps so stairs can be circumvented. By: Natalie Hunter OST-05-20095 - Statement of Authorization - Switzerland-US Wet Lease with Swiss Codeshare with American January 12, 2005 Application for a Statement of Authorization PrivatAir requests, to the extent necessary, a statement of authorization to allow the display of American's "AA*" designator code on flights operated by PrivatAir on a wet lease basis for Swiss. PrivatAir seeks a statement of authorization to display the "AA*" designator code on the wet lease flights it currently operates between Zurich and Newark as well as any wet lease flights it may operate in the future for Swiss on routes where Swiss and American are permitted to codeshare. Accordingly, PrivatAir requests a blanket statement of authorization, subject to the Department's standard 30-day notice provision, to the extent necessary to display the AA* code on PrivatAir-operated flights conducted on a wet lease basis for Swiss, coextensive with Swiss's Part 212 authority to codeshare with American. PrivatAir is authorized to conduct wet lease services on behalf of Swiss between Zurich, Switzerland and Newark, New Jersey. PrivatAir currently operates a Boeing B737-700 aircraft six times weekly on the Zurich-Newark routing. PrivatAir is an air carrier licensed by the Government of Switzerland. It currently holds an exemption issued by the Department to engage in charter passenger operations to the United States. See Notice of Action Taken dated February 20, 2003 (Docket OST-2001-8859). On April 23, 2002, the Department granted Swiss and American blanket statements of authorization to engage in codeshare services. Notice of Action Taken (Docket OST-2002-12001). Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com TAM-Transportes Aereos Meridionais, S.A.
OST-97-2421 - Exemption - Brazil-US Codeshare with American Airlines Filed November 23, 2004 | Issued January 13, 2005 Exemption from 49 U.S.C. 41301, for an indefinite duration, to permit TAM, in conjunction with TAM’S scheduled services between Brazil and the United States (using the Dallas/Ft. Worth and Miami gateways) to conduct scheduled, combination service between Dallas/Ft. Worth and the U.S. interior points: Indianapolis, Phoenix, Portland (OR), Salt Lake City, and San Jose (CA); and between Miami and the U.S. interior points: Cleveland, Jacksonville, and Las Vegas; under a code-share arrangement with American Airlines (American), only on flights operated by American. (We are acting separately on the related American request for code-share authority. See Docket OST-2000-8028.) By: Paul Gretch
OST-00-8028 - Amended Statement of Authorization Codeshare with TAM-Lineas Aereas Filed November 23, 2004 | Date of Action January 13, 2005 Department Action on Application This Notice amends the Statement of Authorization granted to American Airlines in the above-referenced Docket to permit American Airlines to carry the “JJ” code used by TAM-Lineas Aereas on flights between:
By: Brian Hedberg US-Brazil Combination Frequencies OST-04-19161 - US-Brazil Combination Frequencies (Atlanta-Rio de Janeiro) January 13, 2005 Re: Letter Against Delta's Atlanta-Rio de Janeiro Application I urge DOT to reject Delta's application for Atlanta-Rio de Janeiro service. The frequency allocations for which Delta is asking, while unused, belong solely to United Airlines, and the Delta is in no position to "steal" them away. Delta has had a shaky history providing service to Rio de Janeiro in the past, with incosistent schedules, and often changing between non-stop service and service via Sao Paulo. There is no signs that things will change, especially now that the long-haul market from Rio de Janeiro has gotten weaker. Delta has 14 US-Brazil frequencies, and could very easily switch one of their two daily Atlanta-Sao Paulo flights to an Atlanta-Rio de Janeiro service if they see fit. They could also extend one of their two daily flights with a continuation to Rio de Janeiro to meet market demand, as the US-Brazil bilateral agreement allows. By: Steven Herzberg 2004 US-Mexico Combination Service Proceeding January 13, 2005 Re: Spirit Airlines Start-Up Date for Detroit-Cancun Spirit is submitting this letter to notify the Department of its intention to introduce its new service on April 8, a bit more than two weeks later than originally planned. As the Department knows, Spirit earlier this year announced plans to take delivery of up to 35 new Airbus aircraft. Because of the dramatic and prolonged increase in fuel prices, Spirit has opted to accelerate the retirement of its MD-80 fleet. Given the need to adjust its operation without causing undue disruption during the Easter holiday, Spirit plans to defer the anticipated startup of this service by two weeks. Spirit intends to introduce daily service in the Detroit-Cancun market on April 8, 2005. Spirit submits that no party will be affected by the minor deferral of its proposed start-up date. Counsel: Garfinkle Wang, Anita Mosner, 703-522-0900 Volga-Dnepr J.S. Cargo Airline OST-05-20098 - Emergency Exemption - North Island NAS-Denver January 12, 2005 Application for an Emergency Exemption Volga-Dnepr will operate the flight on behalf of Lockheed Martin as part of the effort to provide urgently needed lift to transport the LMSS payload not later than on or around the established date. Lockheed Martin is shipping the payload in order to complete an aggressive final assembly schedule, meet the September 1, 2005 deadline for shipment to Cape Canaveral, and maintain the subsequent launch integration activities for AVC010. As a result, Lockheed Martin stands to lose millions of dollars if the shipments do not occur on time while only the use of Volga-Dnepr's outsized aircraft can make it possible to perform the service in question within the set schedule. Counsel: Glenn Wicks, 202-457-7790 OST-2002-13857 - Exemption - Canada-US Scheduled Passenger January 12, 2005 Application for Renewal of an Exemption Zoom Airlines is a Canadian air carrier based in Ottawa, Ontario, which is currently engaged in operating scheduled and charter air transportation within Canada, and between Canada and points in the United States, the Caribbean, the United Kingdom and France, utilizing two (2) leased Stage 3-compliant Boeing 767-300ER aircraft configured to carry 268 passengers. Both of the foregoing leased B-767's are Canadian-registered aircraft The current and planned scheduled transborder service operated by Zoom Airlines consists of twice-weekly nonstop flights between Montreal and Las Vegas, NV, operated on a seasonal basis during the months of February, March and April. Zoom Airlines also operates passenger charter flights between Canada and the U.S. on demand from time to time. Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919 |
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