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OST Docket Filings for February 15, 2005

Updated: 2/16/05 | 9:08 AM

Applications and Renewals:

Air Japan - Japan-US Renewal

North American - US-Trinidad and Tobago

US Helicopter - Family Assistance Plan / Interstate Certificate of Public Convenience and Necessity / Motion for Confidential Treatment

WestJet - US-Canada Renewal

Answers and Replies:

EAS at Oil City/Franklin, PA - Letters Supporting the Continuation of Essential Air Service at Oil City/Franklin, PA

Foreign Civil Aircraft for Hire - Comments of Barb Sachau

LGA Slots - Letter from JetBlue Requesting Additional Slot Exemptions

Nondiscrimination on Basis of Disability in Air Travel - Comments of Aerospace Medical Association, Arizona Office for Americans with Disabilities, Britannia Airways, Maryann Beauchene, Connie Brown, Bill Boerder, Elizabeth Byrne, Bree Connally, Richard Dipeppe, Julianne Dunkle, Kimberly Goode, Linda Griffiths, Lynn Houston, Judy Kelsey, Amanda Kirk, Pamela Lee, Maggie Marshall, Brett Mindus, Carol Moore, Eren Niedehoffer, Lindsay Reday, Joy Ritter, Annemari Romero, Annette Shepard, Amy Stevens, Sandra Upton and Janet Zeller

Request for Public Comments on Mail Reporting Requirements - Delta's Response to a Letter Submitted by the United States Postal Office

2005 Los Angeles-Mexico City Combination Service Proceeding - Request for Additional Time

Notices of Action Taken:

Aeromexico - Monterrey-Las Vegas

Cielos del Peru and Lan Cargo - Paraguay-Miami Cargo

KLM Cityhopper - Intra-Europe Codeshare with Northwest Renewal

Notices and Orders:

EAS at Sheridan, WY - Order Accepting Petition

TSA - Final Rule - Organization and Delegation of Powers and Duties

2005 Los Angeles-Mexico City Combination Service Proceeding - Clarification for Filing Supplemental Information




Aerovias de Mexico, S.A. de C.V.

OST-2005-20319 - Monterrey-Las Vegas

Filed February 3, 2005 | Issued February 15, 2005

Notice of Action Taken | Word

Statement of Authorization under 14 CFR Part 212 to permit Aeromexico to carry Mexicana’s designator code on Aeromexico’s scheduled flights between Monterrey, Mexico, and Las Vegas, Nevada.

By: Paul Gretch

http://www.aeromexico.com/

Index


Air Japan Co., Ltd.

OST-2000-8299 - Exemption - Japan-US Scheduled Passenger

February 14, 2005

Application for Renewal of Exemption

On February 18, 2004, the Department renewed AJX's exemption authority in this docket "to (1) engage in scheduled foreign air transportation of persons, property and mail between any point or points in Japan and any point or points in the United States; (2) provide U.S. carrier code share services on flights operated by Air Japan between points in Japan and points beyond Japan, in connection with U.S. carrier services between the United States and points beyond Japan, via Japan; and (3) conduct charters in accordance with Part 212.

AJX filed an application for a foreign air carrier permit on May 22, 2002. See Docket OST-2002-12370. The Department has not yet taken final action on that application.

Counsel: Zuckert Scoutt, Charles Simpson, 202-298-8660

http://www.air-japan.co.jp/

Index


Cielos del Peru S.A. and Lan Cargo S.A.

OST-2004-19927 - Statement of Authorization - Miami-Asuncion

Filed December 16, 2004 | Issued February 15, 2005

Notice of Action Taken

A statement of authorization under 14 C.F.R. Part 212 to permit, for indefinite duration, Lan Cargo to transport property and mail under Cielos’ designator code on Lan Cargo’s scheduled and charter flights between Miami, Florida and Asunción, Paraguay; and a statement of authorization under 14 C.F.R. Part 212 to permit, for indefinite duration, Cielos to transport property and mail under Lan Cargo’s designator code on Cielos’ scheduled and charter flights between Miami, Florida and Asunción, Paraguay.

By: Paul Gretch

http://www.cielos-airlines.com/
http://www.lancargo.com/

Index


Essential Air Service at Franklin/Oil City, Pennsylvania

OST-97-2523 - EAS at Franklin/Oil City, PA


February 2, 2005

Re: Commonwealth of Pennsylvania, Department of Transportation, Aviation Deputy Letter Supporting the Continuation of Essential Air Service at Oil City/Franklin, PA

By: Sharon Daboin


February 14, 2005

Re: Jerry McWainey Letter Supporting the Continuation of Essential Air Service at Oil City/Franklin, PA

By: Jerry McWainey


January 24, 2005

Re: Venango County Board of County Commissioners Letter Supporting the Continuation of Essential Air Service at Oil City/Franklin, PA

By: Susan Smith, Larry Horn, and Gary Hutchinson


February 2, 2005

Re: State Senator Mary Jo White Letter Supporting the Continuation of Essential Air Service at Oil City/Franklin, PA

By: Mary Jo White

Index


Essential Air Service at Sheridan, Wyoming

Order 2005-02-09
OST-98-3506 - EAS at Sheridan, WY

Issued and Served February 15, 2005

Order

By this order, we are accepting the petition of the Sheridan County Commission for reconsideration of Order 2005-1-7, January 10, 2005, and, upon reconsideration of the issues raised by Sheridan, we are affirming our selection of 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.

By: Karan Bhatia

Index


Foreign Civil Aircraft Operation Within US involving Carriage of Persons, Property, or Mail for Remuneration or Hire

OST-03-15511

February 15, 2005

Re: Comments of Barb Sachau

By: Barb Sachau

Index


KLM Cityhopper B.V.

OST-2003-14397 - Exemption - Netherlands-US Codeshare with Northwest Airlines

Filed January 18, 2005 | Issued February 15, 2005

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to conduct scheduled foreign air transportation of persons, property and mail by displaying the airline designator codes of Northwest Airlines, Inc., and Continental Airlines, Inc., on flights operated by KLM Cityhopper between points in The Netherlands and points in third countries.

By: Paul Gretch

http://www.klmcityhopper.com/

Index


LaGuardia New York Slots

OST-00-7176 - LGA Slots

February 15, 2005

Re: Letter from JetBlue Requesting Additional Slot Exemptions

On behalf of JetBlue Airways Corporation, I am writing to request that the FAA grant to JetBlue nine (9) additional AIR-21 slot exemptions to operate out of LaGuardia Airport. JetBlue, as a limited incumbent, presently holds eleven (11) such exemptions at LaGuardia and one (1) temporary slot for a total of twelve (12) slots for operations between the hours of 0700 and 2159. JetBlue is fully qualified to receive such an additional allocation under the terms 49 USC § 41716. JetBlue is prepared to return the one (1) temporary slot when and if the nine (9) additional AIR-21 slots become available. With the nine (9) additional slots JetBlue would have twenty (20) slots as allowed under AIR-21.

Counsel: JetBlue, Robert Land

Index


Nondiscrimination on Basis of Disability in Air Travel

OST-04-19482 - Notice of Proposed Rulemaking


January 26, 2005

Re: Comments of Aerospace Medical Association

By: Russell Rayman


February 14, 2005

Re: Comments of Arizona Office for Americans with Disabilities

By: Denise Thompson


February 15, 2005

Re: Comments of Britannia Airways

Britannia recognises in certain situations that current US legislation is effective extraterritorially where the aim is to protect US citizens abroad. However as a UK charter carrier we do not sell seats in the US and therefore as a general rule do not carry US nationals. We are not entitled to sell seat accommodation for ex‑US travel, as that is a preserve of the designated scheduled carriers under the Bermuda bi‑lateral. To allow US authorities to impose cabin configuration requirements and reduce the level of service we currently offer our disabled passengers would be non‑sensical and is an unreasonable burden on Britannia when we do not even have a direct link to the US market.

By: Britannia Airways


February 15, 2005

Re: Comments of Maryann Beauchene

By: Maryann Beauchene


February 15, 2005

Re: Comments of Bill Boerder

By: Bill Boerder


February 15, 2005

Re: Comments of Connie Brown

By: Connie Brown


February 15, 2005

Re: Comments of Elizabeth Byrne

By: Elizabeth Byrne


February 15, 2005

Re: Comments of Bree Connally

By: Bree Connally


February 15, 2005

Re: Comments of Richard Dipeppe

By: Richard Dipeppe


February 15, 2005

Re: Comments of Julianne Dunkle

By: Julianne Dunkle


February 15, 2005

Re: Comments of Kimberly Goode

By: Kimberly Goode


February 15, 2005

Re: Comments of Linda Griffiths

By: Linda Griffiths


February 15, 2005

Re: Comments of Lynn Houston

By: Lynn Houston


February 15, 2005

Re: Comments of Judy Kelsey

By: Judy Kelsey


February 15, 2005

Re: Comments of Amanda Kirk

By: Amanda Kirk


February 15, 2005

Re: Comments of Pamela Lee | Word

By: Amanda Kirk


February 6, 2005

Re: Comments of Maggie Marshall

By: Maggie Marshall


February 15, 2005

Re: Comments of Juliana McMullin

By: Juliana McMullin


February 15, 2005

Re: Comments of Brett Mindus

By: Brett Mindus


February 15, 2005

Re: Comments of Carol Moore

By: Carol Moore


February 15, 2005

Re: Comments of Eren Niedehoffer

By: Eren Niedehoffer


February 15, 2005

Re: Comments of Lindsay Reday

By: Lindsay Reday


February 15, 2005

Re: Comments of Joy Ritter

By: Joy Ritter


February 14, 2005

Re: Comments of Annemari Romero

By: Annemari Romero


February 15, 2005

Re: Comments of Annette Shepard

By: Annette Shepard


February 15, 2005

Re: Comments of Amy Stevens

By: Amy Stevens


February 15, 2005

Re: Comments of Sandra Upton

By: Sandra Upton


December 4, 2004

Re: Comments of Janet Zeller

By: Janet Zeller

Index


North American Airlines, Inc.

OST-2005-20412 - Exemption - US-Trinidad and Tobago

February 15, 2005

Application for an Exemption

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department of Transportation Procedural Rules, North America Airlines, Inc. requests an exemption from 49 U.S.C. § 41101 and from any other statute or Department regulation necessary to authorize it to conduct year round scheduled non-stop combination service from the United States, via intermediate points to points in Trinidad and Tobago and beyond. North American plans to initiate service between New York, John F. Kennedy International Airport (JFK) and Port of Spain, Trinidad and Tobago (POS).

North American plans to start marketing the new service as soon as possible and commence operations on June 1, 2005. Accordingly, North American requests the exemption be granted effective immediately to allow it to pursue marketing and sales activities. The requested exemption is fully consistent with the May 23, 1990, Air Transport Agreement Between the Government of the United States of America and the Government of Trinidad and Tobago and is in the public interest as it adds new non-stop service by a U.S. carrier to POS, providing substantial benefits to the traveling public.

Counsel: Baker & Hostetler, David Kirstein, 202-861-1756, dkirstein@bakerlaw.com

http://www.northamericanair.com/

Index


Request for Public Comments on Reporting Requirements

BTS-04-19241 - Request for Public Comments on Mail Reporting Requirements

February 14, 2005

Re: Delta's Response to a Letter Submitted by the United States Postal Office

The position taken by the USPS is curious to say the least. USPS apparently does not want Delta or other competitors for mail business to be able to "determine FedEx's pricing arrangements under its contract with the Postal Service  USPS alleges that access to this competitive market data could adversely affect "future negotiations for mail transportation."

It is difficult to see how USPS could possibly be "harmed" by allowing other mail carrying competitors access to data and information that might enable them to "undercut FedEx's pricing." If Delta is willing to provide mail service at cheaper rates than FedEx, how is this detrimental to the USPS?

Shielding the FedEx‑USPS arrangement from the uniform mail reporting requirements of Part 241 creates a lack of transparency that is antithetical to government contracts policy, as well as the Department's own policies regarding the disclosure of competitive data

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8382, sascha.vanderbellen@shawpittman.com

Index


Transportation Security Administration (TSA)

OST-99-6189 - Transportation Security Administration (TSA)

February 15, 2005

Final Rule - Organization and Delegation of Powers and Duties

The Secretary of Transportation renames the Office of Intelligence and Security as the Office of Intelligence, Security, and Emergency Response. The Secretary rescinds the currently delegated authority of the Administrator, Research and Special Programs Administration, to perform functions related to emergency preparedness and response vested in the Secretary and delegates the authority to the Director of Intelligence, Security, and Emergency Response in the Office of the Secretary.

Counsel: David Tochen, 202-366-9135

Index


US Helicopter Corporation


OST-2005-20405 - Interstate Certificate of Public Convenience and Necessity

February 14, 2005

Application for a Certificate of Public Convenience and Necessity

US Helicopter is a new entrant carrier that plans to introduce scheduled helicopter service between various metropolitan heliports and high demand destinations within the aircraft’s flying distance of the heliports. The primary service that US Helicopter will offer is an airport shuttle service between metropolitan heliports and major airports supporting that metropolitan area.

Commencing in New York City in 2005, the Company will provide a quick, reliable Airport Shuttle Service between each of Manhattan's three heliports (Downtown Manhattan (JRB), East 34th Street (JRA), and West 30th Street) and the City's three major airports (John F. Kennedy (JFK), LaGuardia (LGA), and Newark International (EWR)).

Counsel: Pillsbury Winthrop, John Gillick, 202-775-9870


OST-2005-20405 - Interstate Certificate of Public Convenience and Necessity

February 14, 2005

Motion for Confidential Treatment Under Rule 12 of the Department's Rules of Practice

Counsel: Pillsbury Winthrop, John Gillick, 202-775-9870


OST-98-3304 - Family Assistance Plan

February 14, 2005

Re: Family Assistance Plan

By: Terence Dennison


OST-2002-13365 - America Rising - New York-Washington, DC Helicopter Shuttle

Index


WestJet

OST-01-11158 - Exemption - Canada-US

February 15, 2005

Application for Renewal of Exemption

Hereby applies for renewal of its exemption from 49 Usc § 413 101 authorizing it to provide charter and scheduled foreign air transportation of persons, property and mail between a point or points in Canada and a point or points in the United States.

WestJet asks that this exemption be renewed for a minimum period of one year or until grant of the relief requested in Westjet' s pending application for transfer of a foreign air carrier permit in Docket OST-2001-11156.

Counsel: Garofalo Goerlich, Don Hainbach, 202-776-3970

http://www.westjet.com/

Index


2005 Los Angeles-Mexico City Combination Service Proceeding

OST-2005-20406


February 14, 2005

Re: Clarification for Filing Supplemental Information

Given that February 21, 2005 is a legal holiday, as a matter of clarification, supplemental information is to be filed no later than close of business on Tuesday, February 22, 2004. The Parties' responses to these submissions and their briefs will be due no later than close of business on Tuesday, March 1, 2005.

By: Office of International Aviation, Brian Hedberg


February 14, 2005

Re: Alaska Airlines Request for Additional Time

Given the short time frames provided for in the instituting order, I am asking on behalf of Alaska Airlines that each of the two respective due dates of the 21st and 28th, as stated in the order, be slipped by one day. The stated supplementation date of the 21st is a federal holiday and should be moved to the 22nd. Shifting the rebuttal date from the 28th until the 29th will then preserve the same 7 calendar period for rebuttals and should not affect the decisional process. I would ask that you consider this e mail as the equivalent of a formal request. However, if the Department feels that this request needs to be submitted on paper, I would kindly ask that you advise me at your early convenience. I will also file this request tomorrow morning with the Docket Section.

Counsel: Squire Sanders, Marshall Sinick

Index



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