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OST Docket Filings for January 21, 2005
Updated:
| Applications and Renewals:
Air Wisconsin, SkyWest, Mesa and Trans States - Codeshare Notice with Air Canada, All Nippon, Austrian and British Midland American - Miami-Grand Cayman Renewal of Frequency Allocation / US-India Codeshare with Swiss Renewal Continental - Houston-Cali, Colombia Frequency Delta - Blanket Codeshare Exemption Kalitta Air - US-Foreign Points Scheduled All-Cargo Certificate Answers and Replies: AirTran - Answer of State of Maryland in Support of AirTran IATA - Technical Correction of Pending Agreement Intra-Alaska Mail Service - Equalization Notice of Alaska Central Express / Request to Remove Frontier Flying Service from Tender of Bypass Mail / Answer of Cape Smythe to Emergency Rate Increase Request by Frontier Flying Service Response of USPS to Frontier Flying Service Nondiscrimination on Basis of Disability in Air Travel - Comments of Rachel Bish, David Densmore, Pam Munici, L. Kay Roberts, Hermine Willey, Katherine Schnieder, Judy Sheppard, Patrick Van Dyke, South Suburban Parks, and Recreation and The Interactive Travel Services Association Ryan International d/b/a Sunship 1 - Letter in Support of Milwaukee-Cancun Route Transmile Air - Letter Clarifying Request fro an Exemption Notices of Action Taken: Air Wisconsin and Lufthansa - US-Japan Codeshare American - One Additional Dallas/Ft. Worth-Tokyo Frequency IATA - Approval of Agreements Notices and Orders: American Airlines and United Air Lines against Alitalia and Government of Italy - Order Extending Period to Take Action and Granting Motions EAS at Decatur and Quincy, IL - Order Selecting Carriers and Establishing Final Subsidy Rates EAS at Macon, GA - Order Allowing Reduction of Service and Granting Waiver Request Intra-Alaska Mail Service - Order LAP - Order Denying Extension and Revoking Certificate Authority |
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OST-03-14308 - Baltimore-Grand Bahama Island January 19, 2005 Re: Answer of State of Maryland in Support of Application of AirTran Airways Counsel: Preston Gates, Jonathan Blank, 202-628-1700 Air Wisconsin and Deutsche Lufthansa OST-04-17986 - Codesharing Statement of Authorization Date of Action January 21, 2005 Department Action on Application By: Linda Senese Air Wisconsin Airlines Corporation, Skywest Airlines, Inc., Mesa Airlines, Inc. and Trans States Airlines, Inc. OST-02-12050 - Air Wisconsin - US-Canada Codeshare with Air Canada January 21, 2005 Notify the Department that they intend to display the designator codes of Air Canada, Lufthansa German Airlines, All Nippon Airways Co. Ltd., Austrian Airlines, Osterreichisehe Luftverkehrs AG, and British Midland Airways Limited on flights operated by AWAC, Sky West, Mesa and/or Trans States doing business as United Express on behalf of United Airlines, Inc., between and among the U.S. cities listed in Exhibit A hereto. In addition, AWAC and SkyWest hereby notify the Department that they intend to display the codes of Air Canada, Lufthansa German Airlines, All Nippon Airways Co. Ltd., Austrian Airlines, Osterreichische Luftverkehrs AG, and British Midland Airways Limited on flights they operate as United Express between any of the U.S. cities listed in Exhibit A hereto and any of the Canadian cities listed in Exhibit B hereto. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-7760, jeffrey.manley@wilmerhale.com
OST-96-1141 - Miami-Grand Cayman January 21, 2005 Application for Renewal of Frequency Allocation American Airlines, Inc. hereby applies for renewal of its allocation, most recently renewed by Notice of Action Taken in this docket on April 23, 2004, of seven weekly combination frequencies to provide additional nonstop service between Miami and Grand Cayman. American has used this allocation since June 1, 1996 to operate a third daily nonstop roundtrip in the Miami-Grand Cayman market. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
OST-98-3419 - Dallas/Ft. Worth-Tokyo, Japan Frequency Filed January 6, 2005 | Issued January 21, 2005 Allocation of one additional weekly U.S.-Japan combination frequency to provide scheduled service between Dallas/Ft. Worth and Tokyo, Japan. American will use this award to increase its service in this market from 13 weekly frequencies to 14 weekly frequencies. By: Paul Gretch
OST-01-9167 - US-India Codesharing with Swiss January 21, 2005 Application for Renewal and Amendment of Exemption American Airlines, Inc., under 49 USC 40109 and 14 CFR Part 377, hereby applies for renewal and amendment of its exemption, granted by Notice of Action Taken in this docket on March 31, 2003, so as to authorize scheduled foreign air transportation of persons, property, and mail between points in the United States and points in India, either nonstop or via intermediate points, and either with its own aircraft or by codesharing with any partner. American's current exemption is limited to U.S.-India service via Zurich. American uses that authority to place the 'AA*" code on flights operated by Swiss International Air Lines Ltd. between Zurich and India, connecting to transatlantic flights operated by American and Swiss between Zurich and the United States. On January 15, 2005, the United States and India initialed a landmark open skies agreement. Consistent with that agreement, American's exemption should be renewed and amended to grant broad U.S.‑India authority, as requested herein. American and Swiss hold blanket codesharing authorizations under 14 CFR Part 212 granted by Notice of Action Taken in OST-2002-12001, April 23, 2002. American holds a U.S.-India third-country codeshare designation granted by Notice of Action Taken in OST-2002-12191, May 20, 2002. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com American Airlines, Inc. and United Air Lines, Inc. against Alitalia-Linee Aeree Italiane S.p.A. and the Government of Italy Order 05-01-16 Issued and Served January 21, 2005 We extend through February 22, 2005, the period for taking action on the Joint Complaint of American Airlines, Inc. and United Air Lines, Inc. We grant the motions for leave to file otherwise unauthorized documents submitted by Société Air France and jointly by American Airlines, Inc. and United Air Lines, Inc. We will serve this order on the Joint Complainants, all parties served with the Joint Complaint; the Ambassador of Italy in Washington, D.C.; the U.S. Department of State; the Assistant U.S. Trade Representative; the U.S. Department of Commerce ; and the Air Transport Association. By: Karan Bhatia OST-05-20150 - Colombia Combination Frequency - Houston-Cali January 21, 2005 Application of Continental Airlines Continental applies for allocation of seven weekly Colombia combination frequencies to institute daily nonstop Houston‑Cali B‑737 service effective June 9, 2005 Continental's proposal to introduce nonstop U.S.-flag Cali service to consumers in Houston and Cali and to offer connecting service between Call and points throughout the United States served through Continental's Houston hub will complement its current Houston and New York/Newark-Bogota service and expand its presence in Colombia, where it competes with carriers that have greater presences there. American currently operates the only U.S.-flag nonstop flights between Cali and any point in the United States at Miami, and Continental's proposed Houston flights will provide the first inter-gateway competition for American's flights at Miami as well as competition for connecting service between the U.S. and Cali offered by Delta and its codeshare partner, Avianca, via Atlanta and Bogota. Since Continental currently holds authority to operate Houston-Cali service on its certificate for Route 645, most recently issued by Order 2001-12-8, Continental requires only seven additional U.S.-Colombia combination frequencies to institute its proposed service. Seven frequencies awarded to Continental for New York/Newark/Cali/Medellin service became dormant on April 1, 2003, since Continental was unable to institute that service because of continuing dramatically reduced demand, skyrocketing fuel costs, terrorist threats and potential warfare. Those frequencies remain available, and Continental believes it can now use them effectively to provide nonstop Houston‑Cali service. Continental currently holds Medellin authority on its certificate for Route 800, issued by Order 2001-5-26, and would offer such service pursuant to the route integration authority in that certificate Counsel: Crowell & Moring, Bruce Keiner, Jr., 202-624-2615 OST-05-20145 - Exemption - Blanket codeshare January 21, 2005 Application for Exemption Authority Pursuant to 49 U.S.C. § 40109, Delta Air Lines, Inc. hereby applies for an exemption authorizing Delta to provide scheduled foreign air transportation of persons, property, and mail between the United States and points worldwide on a third-country codeshare basis pursuant to blanket codesharing statements of authorization approved by the Department. Delta further requests route integration authority to combine this exemption authority with its existing certificate and exemption authority, to the extent permitted by international agreements. Delta requests that the exemption be granted immediately and remain in effect for a period of at least two years. Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8060 Essential Air Service at Decatur and Quincy, Illinois Order 05-01-17 Issued January 21, 2005 | Served January 26, 2005 Order Selecting Carriers and Establishing Final Subsidy Rates By this order, the Department is selecting Trans States Airlines, Inc., d/b/a American Connection, to provide essential air service at Decatur, Illinois, for a new two-year period beginning April 1, 2005, at a subsidy rate of $954,404 annually, and selecting Corporate Airlines, Inc., d/b/a American Connection, to provide essential air service at Quincy, Illinois, for a new two-year period beginning August 1, 2005, at a subsidy rate of $1,097,406 annually. By: Karan Bhatia Essential Air Service Macon, Georgia Order 05-01-19 Issued January 21, 2005 | Served January 26, 2005 Order Allowing Reduction of Service and Granting Waiver Request On January 15,2005, Atlantic Southeast Airlines, Inc., d/b/a Delta Connection, filed a notice of intent to reduce its unsubsidized scheduled service at Macon, Georgia. ASA filed its notice pursuant to the Department’s "one-third rule": section 323.3(a)(5) of the Department’s Regulations requires a carrier to file a 90-day notice if its proposed suspension of service would reduce the total number of passenger seats linking the affected community to a Federal Aviation Administration-designated hub by 33 percent or more. In its notice, ASA also requests a waiver from the 90-day notice requirement in order to implement the service reduction on short notice, as of January 31. By: Karan Bhatia International Air Transport Association
Filed January 6, 2005 | Action Date January 21, 2005 By: John Kaiser
January 21, 2005 Technical Correction of Pending Agreement Correction filing date: 21 January 2005 Counsel: IATA, David O'Connor, 202-293-9292
Filed January 13, 2005 | Action Date January 21, 2005 By: John Kaiser
Filed January 15, 2005 | Action Date January 21, 2005 By: John Kaiser Intra-Alaska Bush Service Mail Rates OST-03-14694 - Intra-Alaska Class Service Mail Rates
January 19, 2005 Re: Answer of Cape Smythe Air Service to Emergency Rate Increase Request by Frontier Flying Service | Word Cape Smythe agrees with the implicit justification of Frontier’s request, and that is that Part 121 linehaul rates are simply too low to support service with Part 121 aircraft. Cape Smythe has had interest at one time in transitioning to Part 121 operations, and has operated twin turbine aircraft with a maximum seating capacity of greater than ten passengers capable of Part 121 operations. Cape Smythe went so far as to enter into preliminary agreements with aircraft manufacturers to purchase larger Part 121 aircraft. The basic problem with all of our attempts is that the current Part 121 mail rates are simply too low to support the use of Part 121 aircraft. Cape Smythe can't agree with some of the conditions Frontier wishes to apply to the 40% increase, but subject to the conditions outlined below, Cape Smythe supports the request of Frontier. By: Grant Thompson, 907-852-8333, grant.thompson@capesmythe.com
January 19, 2005 Equalization Notice of Alaska Central Express Alaska Central Express, Inc., an Alaskan incorporated air carrier currently authorized to transport United States Mail, hereby gives notice of its intent to equalize its mail rates to the lowest authorized rates legally in effect between Anchorage, Alaska, on the one hand, and Sitka and Ketchikan, on the other, and between Ketchikan, Alaska. on the one hand, and Wrangell and Petersburg, on the other, and between Juneau and Sitka, Alaska with the lower levels paid or to be paid to other carriers or combinations of other carriers in these markets effective January 29, 2005. Counsel: Silverberg Goldman, Robert Silverberg
January 19, 2005 Re: Request to Remove Frontier Flying Service from Tender of Bypass Mail | Word Frontier was also supposed file monthly progress reports relating to your requirement of attaining a qualifying market share. These reports would have allowed you to determine Frontier’s qualifications within a few days after the end of October, 2004. After D.O.T. data for the nine months showed Frontier’s failure to qualify in these three markets, you changed the process saying the Frontier’s reports were not sufficiently accurate to determine the final shares. You determined that Frontier’s qualification would be based entirely on the T-100 reports for the 12 months ended October, 2004. This action has served to extend Frontier’s presence in the markets for over three months now. The Bureau of Transportation Statistics has released the data for the 12 months ended October 31, 2004. The data show that Frontier’s share in the Nome-Gambell passenger market is only 10.3% after 12 months, a 48% shortfall. In the Nome-Savoonga market their passenger share is only 13%, a 35% shortfall of your requirement. In the Kotzebue-Noatak market, Frontier garnered only 7.81% of the passenger market, a 60% shortfall. As you know, all three of the incumbent carriers serving these points have aircraft which fall under the requirements of F.A.R. 121 if operated to their full seating capacity. All three carriers are pursuing the requirements of converting to Part 121 as necessary. The revenue given to Frontier came directly from the pockets of the incumbent carriers, and has reduced and delayed their ability to meet Part 121 standards. While it has been clear for six months that Frontier would not meet your 20% requirement, the B.T.S. data release has now eliminated any doubt. Frontier has not only failed to meet your requirements, but it has diverted revenue from the carriers that had qualified for tender and disrupted the markets involved. I respectfully request that you immediately remove Frontier from tender of bypass mail in the three markets mentioned. I also request that in the future you give some consideration to the effects of waivers on incumbent carriers and the markets, as well as the probability that the carrier receiving the waiver will be able to achieve a qualifying share. By: MTC, Hank Myers
January 21, 2005 Re: Response of The United States Postal Service to Frontier Flying Service Frontier has proposed a rate premium of 40% to the linehaul-only portion of the rate, to be in effect for a one-year term unless the Postal Service sooner withdraws its support for the premium. Given the financial data concerning its operations which Frontier has presented to the Postal Service, and subject to further audit and review, the Postal Service accepts Frontier’s representations of the urgency of its current financial situation, and that Frontier cannot sustain its 121 bush service (passenger, freight, and mail) at the current 121 bush rate and the reasonableness of the rate premium which it has proposed. If Frontier downgrades its operations to Part 135, there will be no Part 121 service left to the numerous bush points it serves. This will raise the cost of operations for the Postal Service since the prevailing mail rate in Frontier’s markets will rise to Part 135 levels. Further, the absence of a Part 121 carrier in these markets will remove the existing impetus for other carriers to convert from Part 135 service to Part 121 service. Given these circumstances, the Postal Service concludes that the requested emergency increase is more palatable to it than the alternative of Frontier’s withdrawal of Part 121 service from its markets, and on that basis is prepared to accede to the carrier’s request. The Postal Service expects Frontier to provide it and the Department continuing monthly updates to allow them to assess its ongoing financial capability, and reserves the right, should it conclude on the basis of that data that the emergency no longer exists, to withdraw its support for the emergency increase. The Postal Service also reserves the right to withdraw its support for the increase should it determine for any other reason that that support is no longer in its interest. Counsel: USPS, William Jones, william.j.jones@usps.gov
Order 05-01-18 Issued and Served January 21, 2005 The Rural Service Improvement Act of 2002, signed into law August 5, 2002, made significant changes to the intra-Alaska mail system for the carriers transporting the mail, the United States Postal Service and the Department of Transportation. By a series of orders the Department set final intra-Alaska bush mail rates until further notice for all the classes of mail carriage (a single terminal rate and four separate linehaul rates for Amphibious, Part 135, and Part 121 regular and short-runway operations) and directed parties to show cause why those findings should not be made final through the next annual update. In response to requests by several carriers, we granted extensions to the comment period, the latest through October 20, 2004. All parties have now commented, we have reviewed those comments, and are setting new final rates through December 31, 2004, or until further Department action, whichever comes later. By: Karan Bhatia OST-05-20149 - Certificate of Public Convenience and Necessity - US-Foreign Points Scheduled Cargo Service January 21, 2005 In its four-year existence, Kalitta Air has grown rapidly to become an important competitive presence in the general freight market. It has instituted and expanded regular scheduled services between Asia and the U.S. gateways of Los Angeles, Chicago and New York, operating up to 12 scheduled eastbound 747F flights per week during the third and fourth quarters of 2004. In addition, Kalitta Air has supplemented its scheduled operations in Asia with a number of charter flights from various points and established a commercial presence in China with a successful series of charter flights between Shanghai and the US. Kalitta Air is considering expanding its present Asian route network and enhancing service on its existing routes. Kalitta Air is considering implementing westbound service to South Pacific points with the aircraft then routed over the North Pacific on return flights. To this end, Kalitta is seeking certificate authority to serve Australia, New Zealand and Fiji. It also anticipates the need for service to Taiwan. The carrier also provides scheduled 747F service from the United States (Chicago and New York) to the United Kingdom (through East Midlands), Continental Europe (through Amsterdam), and the Middle East (through Kuwait). In addition, Kalitta Air has operated a large number of flights to the Middle East under contract to the U.S. Postal Service and the Department of Defense. It is considering ways of expanding its Transatlantic service offerings, and to this end requests certificate authority to provide scheduled all‑cargo services to a point or points in Belgium, Italy, Ireland and Germany. Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513 Linea Aerea Puertorriquena, Inc. Order 05-01-15 Issued and Served January 21, 2005 Order Denying Extension and Revoking Certificate Authority | Word By this order, we (1) deny the request of Línea Aérea Puertorriqueña, Inc. for an extension of its waiver from section 204.7 of the Department’s Aviation Economic Regulations (14 CFR 204.7), and (2) revoke the interstate charter passenger certificate issued to LAP for reason of dormancy. By: Randall Bennett Nondiscrimination on Basis of Disability in Air Travel OST-04-19482 - Notice of Proposed Rulemaking
January 9, 2005 By: Rachel Bish
January 12, 2005 Re: Comments of David Densmore By: David Densmore
January 18, 2005 Re: Comments of The Interactive Travel Services Association By: Arthur Sackler
January 10, 2005 By: Pam Munici
January 10, 2005 Re: Comments of L. Kay Roberts By: L. Kay Roberts
January 12, 2005 Re: Comments of Katherine Schnieder By: Katherine Schnieder
January 12, 2005 By: Judy Sheppard
January 20, 2005 Re: Comments of South Suburban Parks and Recreation By: Carey Armburst
January 13, 2005 Re: Comments of Patrick Van Dyke By: Patrick Van Dyke
January 14, 2005 Re: Comments of Hermine Willey By: Hermine Willey Ryan International Airlines, Inc. d/b/a Sunship 1 Airlines OST-04-19887 - Exemption - Milwaukee-Cancun January 19, 2005 Milwaukee County's General Mitchell International Airport supports the application of Ryan International Airlines Inc. d/bIaJ Sunship 1 Airlines for scheduled service authority between Milwaukee and Cancun. By: Patricia Rowe Transmile Air Services Sdn Bhd OST-04-19971 - Exemption - Malaysia-US January 19, 2005 In the above captioned docket, Transmile Air Services Sdn Bhd requested one-year exemption authority to provide scheduled all-cargo service between the United States and any point or points and charter all-cargo service between Malaysia and the United States and any point or points in third countries. Transmile Air now requests that this exemption authority be granted for a period of two years or until 90 days after issuance of a foreign air carrier permit to Transmile Air, whichever is sooner. Counsel: Garofalo Goerlich, Aaron Goerlich and Erin Tallardy, 202-776-3970 |
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