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OST Docket Filings for February 4, 2005
Updated:
| Applications and Renewals:
Aeromexico - Monterrey-Las Vegas Codeshare with Mexicana Statement of Authorization Aeromexico and Delta - Cozumel-Atlanta; San Jose del Cabo-Salt Lake City Exemptions and Codeshare Statement of Authorization Arrow Air - US-Argentina Cargo Renewal Euroatlantic Airways-Transportes Aereos - Portugal-US Renewal IATA - Application for Approval of Agreements Islandsflug - US-Iceland Renewal Japan Asia - Nagoya-Guam and Saipan Renewal North American - Motion for a Temporary Dormancy Waiver (Oakland-Cancun/Mexico City) Skynet - Ireland-US Renewal and Amendment of Exemption Authority Answers and Replies: EAS at Kamuela, Hana, and Kalaupapa, HI - Comments of State of Hawaii Department of Transportation and The county of Hawaii Nondiscrimination on Basis of Disability in Air Travel - Comments of The Association of Disability Advocates, Boeing Commercial Airplanes, HelperDog-USA, Kimberly Dwyer, Winfred and Miriam McGee, and Marty Will North American - Oakland-Mexico City Polling Letter US Airways - Letter Terminating Codeshare Flights with United 2002 U.S.-Mexico All-Cargo - Polling Letter of Atlas Air Notices of Action Taken: IATA - Approval of Agreements Volga-Dnepr - Denver-Vandenberg AFB Emergency Exemption Notices and Orders: EAS at Michigan and Wisconsin Communities - Order Requesting Proposals Foreign Civil Aircraft for Hire - Notice of Proposed Rulemaking |
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Aerovias de Mexico, S.A. de C.V. OST-05-20319 - Codeshare Statement of Authorization - Monterrey-Las Vegas February 3, 2005 Application for a Codeshare Statement of Authorization Pursuant to 14 C.F.R. Part 212, Aerovias de Mexico, S.A. de C.V. respectfully requests that the Department grant Aeromexico a statement of authorization allowing Aeromexico to display the code of Compania Mexicana de Aviacion, S.A. de C.V. on Aeromexico's flights in the Monterrey, Mexico-Las Vegas market. The carriers intend to institute the display of Mexicana's code on Aeromexico's flights in these markets on or about February 26, 2005, and Aeromexico therefore requests that the exemption authority be granted expeditiously so that they have adequate time to promote and market the new services. Aeromexico will poll the airlines shown on the service list and report the results to the Department. Aeromexico holds exemption authority, last renewed by Notice of Action Taken dated January 26, 2005 in Docket OST-2001-11036, in the Monterrey-Las Vegas market. Mexicana holds exemption authority to provide service in the Monteney-Las Vegas market in Docket OST-1995-355; the authority was granted by Notice of Action Taken dated June 22, 1994 and remains in effect under the Administrative Procedures Act. Counsel: DLA Piper Rudnick, John Mietus, Jr., 202-861-6466, john.mietus@dlapiper.com Aerovias de Mexico, S.A. de C.V. and Delta Air Lines, Inc. OST-05-20320 - Exemptions and Codeshare Statement of Authorization - Cozumel-Atlanta; San Jose del Cabo-Salt Lake City February 3, 2005 Joint Application for Exemptions and Codeshare Statement of Authorization Pursuant to 49 U.S.C. 40109(c) and 14 C.F.R. Part 212, Aerovias de Mexico, S.A. de C.V. and Delta Air Lines, Inc. respectfully request that the Department grant the following authorizations to permit the Joint Applicants to expand their Mexico-U.S. code-share/blocked-space services: a. Exemption authority for one year to Aeromexico to the extent necessary to permit Aeromexico to engage in scheduled foreign air transportation of persons, property and mail between San Jose del Cabo (Los Cabos), Mexico and Salt Lake City. b. Statement of authorization for an indefinite period to permit Delta to display Aeromexico's "AM" designator code on flights operated by Delta in both the Cozumel-Atlanta and San Jose del Cabo-Salt Lake City markets. The carriers intend to institute the display of Aeromexico's code on Delta's flights in these markets as soon as possible, and they therefore request that the authorizations be granted expeditiously so that they have adequate time to promote and market the new services. The Joint Applicants will poll the airlines shown on the service list and report the results to the Department. Counsel: DLA Piper Rudnick, John Mietus, Jr., 202-861-6466 for Aeromexico / Shaw Pittman, Alexander Van der Bellen for Delta OST-96-1013 - U.S.- Argentina All-Cargo Frequencies February 4, 2005 Application for Renewal of Exemption Arrow Air has been authorized to operated scheduled foreign air transportation of property and mail between any point or points in the United States, via intermediate points, and any point or points in Argentina and beyond, and to integrate this authority with its existing exemption and certificate authority pursuant to 49 U.S.C. section 40109 as set forth in Notice of Action Taken issued April 7, 2003. The approval renewed for a period of two years, until April 7, 2005, Arrow Air’s previous exemption to operate U.S.-Argentina all-cargo service. Arrow Air previously served the Argentina market, although it is not currently operating on a scheduled basis. Arrow is evaluating this particular market with an eye toward reestablishing regularly scheduled service in the near future. Counsel: Lawrence Wasko and Jacquelyn Gluck, 202-862-4370, ldwasko@erols.com and jngluck@erols.com Essential Air Service at Hana, Kalaupapa, and Kamuela, Hawaii OST-97-2833 - EAS at Kamuela, HI
January 14, 2005 Re: Comments of The County of Hawaii By: Harry Kim, Mayor
January 14, 2005 Re: Comments of State of Hawaii Department of Transportation By: Brian Sekiguchi Essential Air Service at Iron Mountain/Kingsford, Ironwood, and Manistee/Ludington, Michigan / Ashland, Wisconsin Order 05-02-03 Issued February, 3, 2005 | Served February 8, 2005 Order Requesting Proposals | Word By this order, the Department is requesting proposals from air carriers interested in providing essential air service at Iron Mountain/Kingsford, Michigan, Ironwood, Michigan/Ashland, Wisconsin, and Manistee/Ludington, Michigan, for a new two-year period, with or without subsidy. During the year ended September 30, 2004, the most recent 12‑month period for which traffic data are available for the communities, Ironwood/Ashland averaged 9.4 enplanements a day, Iron MountainlKingsford averaged 24.8 enplanements a day, and Manistee/Ludington averaged 7.3 enplanements a day. During 2000, the last calendar year not affected by the terrorist attacks, Ironwood/Ashland averaged 6.4 enplanements a day, Iron MountainlKingsford averaged 28.6 enplanements a day, and Manistee/Ludington averaged 4.0 enplanements per day. By: Karan Bhatia Euroatlantic Airways-Transportes Aereos, S.A. OST-00-8073 - Portugal-US Charters February 4, 2005 Application for Renewal of an Exemption Pursuant to 49 U.S.C. § 40109(c) and Subpart C of the Department's Procedural Regulations, Euroatlantic Airways-Transportes Aereos, S.A. respectfully requests renewal of its exemption from the provisions of 49 U.S.C. § 4331 authorizing it to provide charter foreign air transportation of persons, property and mail between a point or points in Portugal and a point or points in the United States and between points in the United States and points in third countries as authorized by and in accordance with the provisions the "Open Skies" An Transportation Agreement entered into by The Governments of Portugal and the United States. Counsel: John Richardson, 202-371-2258, jrichardson@johnlrichardson.com Foreign Civil Aircraft Operation Within US involving Carriage of Persons, Property, or Mail for Remuneration or Hire January 28, 2005 Under Part 375 of the Department's regulations, 14 CFR Part 375, which provides for the operation in the United States of "foreign civil aircraft" which are not engaged in common carriage, persons or entities seeking to operate foreign civil aircraft within the United States involving the carriage of persons, property and mail "for remuneration or hire" must obtain a "foreign aircraft permit" from the Department of Transportation under that Part. On May 16, 2003, the National Business Aircraft Association, a trade association that represents many business aircraft operators throughout the United States, wrote to the Department requesting a policy determination that certain types of operations that its representative companies might perform using U.S.-registered foreign civil aircraft (such as carriage of a company's own officials and guests, or aircraft time-sharing, interchange or joint ownership arrangements between companies) do not, in fact, constitute operations "for remuneration or hire" within the meaning of Part 375. The NBAA noted that a favorable response would eliminate the need for the companies involved to secure a permit for such operations. The Department of Transportation is now proposing to amend 14 CFR Part 375 to clarify those circumstances under which companies operating U.S.-registered foreign civil aircraft are not deemed to be involved in air commerce for remuneration or hire and, therefore, are not required under Part 375 to obtain a foreign aircraft permit. On July 7, 2003, the Department solicited comments on the NBAA request (see 68 FR 40321 (July 7, 2003)). Pursuant to the Department's request, comments were filed by interested parties. The Department has reviewed the comments filed in Docket OST-2003-15511 and now proposes to amend Part 375 of our regulations as described below. By: Karan Bhatia International Air Transport Association
February 4, 2005 Application for Approval of Agreements - Technical Correction Correction filing date: 4 February 2005 Counsel: IATA, David O'Connor
Filed January 27, 2005 | Date of Action February 3, 2005 By: John Kaiser
Filed January 28, 2005 | Date of Action February 3, 2005 By: John Kaiser
OST-05-20327 February 4, 2005 Application for Approval of Agreements Memorandum PTC COMP 1211 dated 4 February 2005 Resolution 011a - Mileage Manual Non-TC Member/Non-IATA Carrier Sectors (Amending) Counsel: IATA, David O'Connor OST-98-4435 - Iceland-US-Third Countries Charter Combination February 3, 2005 Application for Renewal of Exemption Authority Pursuant to 49 U.S.C. § 40109(c), Islandsflug, hf. respectfully requests renewal of the exemption authority and waiver last granted by Notice of Action Taken dated February 12, 2003. That authority permits Islandsflug to conduct charter foreign air transportation of persons, property and mail between any point or points in Iceland, via intermediate points, and any point or points in the United States, and beyond, and other charters pursuant to 14 C.F.R. Part 212. It also authorizes Islandsflug to conduct charter foreign air transportation of property and mail between a point or points in the United States and a point or points in third countries and waives the requirement of 14 C.F.R. 212.9(b)(1) that Islandsflug obtain prior approval before operating such Fifth Freedom all-cargo charters. The exemption authority and waiver currently are set to expire February 12, 2005, and by this application, Islandsflug intends to invoke the automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department's Special Regulations. Counsel: DLA Piper Rudnick, John Mietus, Jr., 202-861-6466, john.mietus@dlapiper.com OST-99-5111 - Nagoya-Guam/Saipan February 4, 2005 Application for Renewal of Exemption Hereby applies to the Department of Transportation for renewal of its exemption from Section 41301 of the same title, enabling it to conduct scheduled foreign air transportation of persons, property, and mail between Nagoya, Japan, on the one hand, and Guam and Saipan, on the other. Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com Nondiscrimination on Basis of Disability in Air Travel OST-04-19482 - Notice of Proposed Rulemaking
February 4, 2005 Re: Comments of Association of Disability Advocates | Word By: Frederick Shotz
February 4, 2005 Re: Comments of Boeing Commercial Airplanes | Word By: Jill DeMarco
February 3, 2005 Re: Comments of HelperDog-USA | Word By: Kimberly Dwyer
February 3, 2005 Re: Comments of Kimberly Dwyer By: Kimberly Dwyer
January 27, 2005 By: Miriam McGee
January 27, 2005 By: Winfred McGee
February 4, 2005 By: Marty Will OST-04-19075 - Oakland-Cancun/Mexico City
January 27, 2005 Motion for a Temporary Dormancy Waiver North American planned to institute its Mexican service on or about November 7, 2004. Unfortunately, due to delays in transmitting the designation, and further delays by the Mexican Government in approving its application, North American did not receive its Mexican authority for this service until November 18, 2004. This made it impossible to market and initiate the service before the end of 2004. Now, the Department of Defense has requested North American (and other carriers) to make available aircraft to enable DOD to complete a major Iraq troop rotation in February and March, 2005. North American has been active in transporting troops to and from the Middle East for the Iraqi Freedom effort and believes it has a civic responsibility to honor the DOD request. Counsel: Baker & Hostetler, David Kirstein, 202-861-1756, dkirstein@bakerlaw.com
February 3, 2005 This is to confirm that all the carriers have been polled on North American's request for a 60 day dormancy waiver to begin Oakland service to Mexico City and Cancun and that there are no objections. Counsel: Baker & Hostetler, David Kirstein, 202-861-1756, dkirstein@bakerlaw.com OST-03-16764 - Ireland-US Scheduled Passenger February 4, 2005 Application for Renewal and Amendment of Exemption Authority Hereby applies for renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property and mail (1) between Shannon, Ireland and New York, New York (and/or Newark), and (2) charter foreign air transportation of persons, property and mail between Ireland and the United States, either directly or via intermediate points in other countries, with or without stopovers; and (3) and other charters subject to 14 CFR Part 212 of the Department's rules. Skynet further requests amendment of its existing exemption authority to the extent necessary to enable it to engage in scheduled foreign air transportation of persons, property and mail between Shannon, Ireland on the one hand, and Boston and Chicago in addition to New York/Newark on the other hand. Skynet intends to operate service to Newark and Chicago in May 2005, and after that to Boston. Skynet respectfully requests grant of the authority requested here as early as possible to enable it to market and promote its services in advance of the 2005 summer season. Counsel: Garofalo Goerlich, Don Hainbach, 202-776-3970 OST-03-15310 - San Francisco/Los Angeles-Mexico City February 3, 2005 Re: Letter Terminating Codeshare Flights with United Air Lines Please be advised that US Airways is no longer codesharing on flights operated by United Airlines between San Francisco and Los Angeles, on the one hand, and Mexico City, on the other hand. Counsel: US Airways, Howard Kass, howard_kass@usairways.com Volga-Dnepr J.S. Cargo Airline OST-05-20299 - Denver-Vandenberg AFB Filed February 2, 2005 | Issued February 4, 2005 Exemption from 49 U.S.C. section 40109(g) to permit the applicant to operate two, one-way cargo charter flights, using its AN-124-100 aircraft, carrying outsized cargo on behalf of Lockheed Martin, during the period February 7-1 5,2005. The applicant states that the first of these flights would operate from Denver, Colorado, to Vandenberg Air Force Base, California, carrying an AVC006 Centaur I11 Upper Stage, and the second flight would operate from Denver to Vandenberg AFB, carrying an AVB006 Atlas V Booster. The applicant asserts that Lockheed Martin urgently needs the subject lift to complete aggressive integration and launch schedules; that the cargo is too large for transportation on U.S.-carrier aircraft; and that surface transportation is not feasible because of the cargo’s delicate nature and extremely high value. By: Karan Bhatia 2002 US-Mexico All-Cargo Exemption Service Case OST-02-13299 - 2002 US-Mexico All-Cargo Exemption Service Case February 3, 2005 Re: Polling Letter of Atlas Air | Word On February 1, 2005, Atlas Air, Inc. filed an application for an additional two-month waiver of the start-up condition for its U.S.-Mexico scheduled service, until April 9, 2005. We have polled the carriers served with the application (FedEx, UPS, Amerijet, Astar) and have been advised that none objects to the Atlas request. Because the current start-up condition requires service inauguration by February 9, 2005, Atlas requests that the Department grant the waiver extension request as soon as possible. Counsel: Atlas Air, Russell Pommer, 202-822-9121, rpommer@atlasair.com |
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