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OST Docket Filings for March 3, 2005
Updated:
| Applications and Renewals:
American and Japan Airlines Domestic - Joint Motion for an Accelerated Answer Date IATA - Special Amending Resolution from Japan to South East Asia Polynesian - Manu'a Islands-Pago Pago Emergency Exemption US Airways and Lufthansa - 30-Day Notice of Codesharing Services Answers and Replies: AirTran - Response of AirTran - LGA Slots Alitalia, Czech, Delta, KLM, Northwest and Air France - Joint Applicants' Answer to Motion of American to File a Supplemental Response American Eagle - Answer of The Dallas/Fort Worth International Airport Ascend Aviation et al. - Memorandum Brendan Airways d/b/a USA 3000 et al v. Port Authority of NY & NJ and Newark International - Answer of Joint Complainants to Respondents' Motions EAS at Brownwood, TX - Ex Parte Letter to The Honorable John Cornyn EAS at Jackson, TN - Comments of Regina Mullins EAS at Kansas and Oklahoma Communities - Comments of The City of Enid, The City of Liberal, The City of Ponca City, and The City of Dodge City LGA Slots - Recertification of ATA Airlines Los Angeles-Mexico City Combination Service Proceeding - Individual Comments from Alaska Airlines Employees Nondiscrimination on the Basis of Disability in Air Travel - Comments of NACA, ASTA, Air Transat, and Paws With A Cause Review of Existing Regulations - Comments of ASTAR Air Cargo United - Comments of S. Reilly (Blogger) - Codeshare/Wet-Lease Print Advertising US Airways - Letter Seeking Renewal of Route Integration US-Brazil Combination Frequencies - Reply of Delta Notices of Action Taken: None Notices and Orders: Ascend Aviation et al. - Order Granting Enforcement Office's Motion to Compel and Enforcement Office's Application EAS at Kodiak Islands, AK - Order Selecting Carrier EAS at Texas and Louisiana Communities - Order Allowing Suspension of Service Ozark d/b/a Great Plains - Order Revoking Certificate Authority |
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OST-00-7176 - Petition for LGA Slots March 3, 2005 Considering the dramatic change taking place in the industry and the success of AirTran's small community service, it is important for these exemption slots to be allocated as soon as possible. AirTran is in the process of modifying schedules for the remainder of the year. It is essential that the CAK-LGA and the PHF-LGA roundtrips be made permanent. Counsel: Wiley Rein, Edward Faberman, efaberman@wrf.com American Airlines, Inc. and Japan Airlines Domestic Co., Ltd. OST-2005-20519 - Long-Term Wet Lease to JAL March 3, 2005 Joint Motion for an Accelerated Answer Date Hereby move the Department to establish March 9, 2005 as the date for answers to the applications they submitted in the captioned dockets on March 2, 2005. Answers would otherwise be due within 15 days, or on March 17, 2005. JAD and American have polled the U.S. carriers we served with our respective applications, and we have non‑objections from all except Northwest Airlines. Northwest also told us that it objects to an accelerated answer date. These applications relate to an intra-corporate reorganization among the Japan Airlines companies, and should be deemed non-controversial. Indeed, on March 1, 2005, the Department granted similar relief to the unopposed application by Air Central Co., Ltd. involving wet lease and codeshare operations with All Nippon Airways and United Air Lines (Notice of Action Taken, OST-2005-20442) Counsel: Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com for JAD / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com for American American Eagles Airlines, Inc. OST-2005-20478 - Dallas/Fort Worth-Veracruz March 3, 2005 Answer of The Dallas/Fort Worth International Airport For American Eagle these new DFW-Veracruz nonstop flights mean an expanded international presence at DFW Airport where American Eagle now offers flights domestically as well as to some Mexican cities in conjunction with American Airlines. DFW Airport looks forward to additional US-Mexico flights by American Eagle and American at DFW Airport, reflecting the airline's continuing commitment to expanding service at its DFW hub. Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305, mgoldman@sgbdc.com Ascend Aviation Group, LLC / Ascend Aviation Marketing and Sales, LLC / KCP Leasing and Services, LLC / Scot Spencer / George Warde OST-04-17486 - Enforcement Proceeding
March 1, 2005 Order Granting Enforcement Office's Motion to Compel and Enforcement Office's Application By: Administrative Law Judge, Richard Goodwin
March 1, 2005 Both parties have filed Subpoenas with return dates, which have expired. The court has issued a Stay of Proceedings until May 1, 2005. Any party who wants to renew their subpoena should forward the subpoena to the Presiding Judge who will process them in a timely manner. By: Administrative Law Judge, Richard Goodwin Brendan Airways, LLC d/b/a USA 3000 Airlines, British Airways PLC, Scandinavian Airlines System, Societe Air France, Swiss International Airlines, Virgin Atlantic Airways Limited, Deutsche Lufthansa, AG, TAP Air Portugal, Alitalia-Linee Aeree Italiane-S.p.A., EL AL Israel Airlines Limited, Air Jamaica Limited, Singapore Airlines Limited and KLM Royal Dutch Airlines v. The Port Authority of New York and New Jersey and Newark International Airport March 3, 2005 Answer of Joint Complainants to Respondents' Motions for Leave to File Unauthorized Documents On March 1, 2005, Respondents filed four separate motions seeking various types of relief from the Department. Each of Respondents' Dismiss/Strike Motions was accompanied by a separate motion under 14 C.F.R. § 302.6(c) of Subpart A of the Department's Rules of Practice for leave to file an unauthorized document. It is the four motions for leave to file to which the Joint Respondents file this answer in opposition. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com for USA 3000 / Garofalo Goerlich, Don Hainbach, 202-776-3976, dhianbach@hhg-airlaw.com for British and Swiss / Silverberg Goldman, 202-944-3305, mgoldman@sgbdc.com for Scandinavian and Air France / Vijendran Alfreds, vijendran_alfreds@singaporeair.com.sg for Singapore Air / Arthur Molins, 516-296-9234, arthur.molins@dlh.de for Lufthansa / Vanessa Tamms, 44-1293-448-507, vanessa.tamms@fly.virgin.com for Virgin Atlantic / Steptoe & Johnson, William Karas, 202-429-6223, wkaras@steptoe.com for TAP Air Portugal / Paul Mifsud, 202-955-7993, pmisfudklm@earthlink.net for KLM / McBreen & Kopko, 516-364-1095, lkirsch@mklawnyc.com for El Al / Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com for Air Jamaica / Zuckert Scoutt, Richard Mathias, 202-298-8660, rdmathias@zsrlaw.com for Alitalia-Linee Delta Air Lines, Inc. / KLM Royal Dutch Airlines / Northwest Airlines, Inc. / Societe Air France / Alitalia-Linee Aeree Italiane-S.p.A. / Czech Airlines OST-04-19214 - Approval of and Antitrust Immunity for Alliance Agreements March 3, 2005 Joint Applicants' Answer to Motion of American Airlines to File a Supplemental Response American's Motion to file yet another unauthorized "reply" on evidentiary issues should be denied. American has already filed no less than four evidentiary motions in this proceeding. Its latest unauthorized reply adds nothing new, and is merely calculated to further delay consideration of the merits of the Joint Application. The Department should deny American's motion, and proceed immediately with the issuance of a Procedural Order. Counsel: Megan Rae Rosia, 202-842-3193 for Northwest / Hogan & Hartson, Alexander Van der Bellen, 202-663 for Delta / Silverberg Goldman, Michael Goldman, 202-944-3305 for Air France / Paul Mifsud, 202-861-5867 for KLM / Sher & Blackwell, Allan Mendelsohn, 202-463-2508 for Czech / Zuckert Scoutt Richard Mathias, 202-298-8660 for Alitalia-Linee Essential Air Service at Abilene, Waco, Beaumont, College Station Killeen, San Angelo, Texarkana, and Tyler, Texas, and Monroe, Louisiana Order 2005-03-03 Issued March 3, 2005 | Served March 8, 2005 Order Allowing Suspension of Service By this order, the Department is allowing SkyWest Airlines, Inc., d/b/a Continental Connection, to suspend its unsubsidized services at the nine communities listed above on various dates from March 3 until June 30, 2005. In reaching this decision, we have carefully reviewed the circumstances at the communities. Sky West and Colgan have agreed on a plan that will ensure that the communities' services to Houston will remain roughly equivalent to their current levels. Moreover, all of the communities receive service to another hub besides Houston: seven of the communities receive service to Dallas/Ft. Worth by American Eagle with aircraft ranging from Saab 340s to Embraer Regional Jets, and the other two receive service to Atlanta by Atlantic Southeast Airlines, Inc., d/b/a Delta Connection, with Canadair Regional Jets. The communities' services will thus remain far above the levels that the essential air service program was designed to ensure. By: Karan Bhatia Essential Air Service at Amook Bay, Kitoi Bay, Moser Bay, Olga Bay, Port Bailey, Port William, Seal Bay, West Point, and Zachar Bay, Alaska Order 2005-03-04 Issued March 3, 2005 | Served March 8, 2005 By this order, the Department is selecting Servant Air, Inc., to provide essential air service at Amook Bay, Kitoi Bay, Moser Bay, Olga Bay, Port Bailey, Port William, Seal Bay, West Point, and Zachar Bay, Alaska, at the annual subsidy rate of $ 149,595 per year for the two-year period beginning with its inauguration of service. By: Karan Bhatia Essential Air Service at Brownwood, Texas OST-97-2402 - EAS at Brownwood, TX January 28, 2004 Re: Ex Parte Letter to The Honorable John Cornyn By: Karan Bhatia Essential Air Service at Dodge City and Liberal, Kansas / Enid and Ponca City, Oklahoma OST-98-3498 - EAS at Liberal, KS
February 4, 2005 Re: Comments of The City of Enid We have been in communication with Great Lakes regarding Denver service. Upon our request, Great Lakes reviewed their current financial proposal for Dallas service and determined they can offer equivalent or better service to their Denver hub for the same subsidy amount as their proposal to the Dallas/Fort Worth airport. The benefits of this service would include code shares with United and Frontier Airlines as well as connectivity with their hub schedules in Denver, resulting in improved access to the national air transportation network. Great Lakes' proposal would provide our community one-stop service to the Denver hub. Our city would have an overnight aircraft with an early morning departure with Enid flying through Liberal, Kansas. By: Ernie Currier
February 9, 2005 Re: Comments of The City of Liberal Recently, we have been in communication with Great Lakes Airlines regarding their request to change our Denver service pattern. They have informed us that in order to provide service between Enid, Oklahoma and Denver, they wish to flow the route over Liberal. The benefits of this service for our community include well-timed, direct service to Denver, with only one one-stop flight between Denver and Liberal, down from the current three. Improved connectivity with their hub schedules in Denver will result in improved access for Liberal to the national air transportation network. By allowing this service for Enid to fly through Liberal, Kansas, the quality of our service will improve, which leads us to believe the service will be well received by the community. By: Debra Giskie
February 14, 2005 Re: Comments of The City of Dodge City Based on the information provided, it appears that the Great Lakes proposal will maintain Dodge City's current schedule of two round trips Monday through Friday and three round trips over the weekend, with only minor adjustments in departure and arrival times. It further appears, however, that all but one weekend flight will provide Dodge City with non‑stop service to and from Denver. It is also our understanding that Great Lakes is forecasting that Ponca City will have about 2.5 passengers per flight for the Ponca/Dodge City/Denver connection, which should not adversely impact seat availability for Dodge City, at least at the present time. By: Ken Strobel
February 3, 2005 Re: Comments of The City of Ponca City Ponca City has been in recent communication with Great Lakes regarding service to Denver. Upon our request, Great Lakes reviewed their current financial proposal for Dallas service and determined they can offer equivalent or better service to their Denver hub for the same subsidy amount as their proposal to the Dallas/ Fort Worth airport. The benefits of this service would include code shares with United and Frontier Airlines as well as connectivity with their hub schedules in Denver, resulting in better and improved access to the national air transportation network. Great Lakes' proposal would provide our community one-stop service to the Denver hub. Great Lakes Airlines will have an overnight aircraft in Ponca City with an early morning departure from Ponca City flying through Dodge City, Kansas and on to Denver. By: Richard Stone Essential Air Service at Jackson, Tennessee February 25, 2005 By: Regina Mullins International Air Transport Association OST-2005-20535 March 3, 2005 Application for Approval of Agreements PTC3 0829 dated 4 March 2005 Mail Vote 443 - Resolution 010o - Special Amending Resolution from Japan to South East Asia r1-r6 Counsel: IATA, David O'Connor, 202-293-9292 OST-00-7176 - Petition for LGA Slots February 23, 2005 Re: Recertification of ATA Airlines ATA will utilize the slots to service LaGuardia Airport from Chicago Midway.
Counsel: ATA Brian Hunt Nondiscrimination on the Basis of Disability in Air Travel
March 3, 2005 Re: Comments of Air Transat A.T. Air Transat fully supports the maintenance of high standards with respect to the treatment of disabled passengers, which Air Transat accomplishes through adherence to the laws and policies of Canada. While Air Transat acknowledges it must abide by the laws and regulations of the United States while operating to, from and within the territory of the United States, the United States has no authority to impose those same laws and regulations to its operations which occur purely outside the United States. As a general matter, many of the proposed rules set forth in the Notice of Proposed Rule Making impose unreasonable economic burdens upon foreign air carriers, conflict with foreign law, and constitute impermissible extraterritorial overreaching in violation of United States law as well as the obligations of the United States under international treaties and agreements. Counsel: Condon & Forsyth, Andrew Harakas, 212-490-9100, aharaka@condonlaw.com
March 3, 2005 Re: Comments of The American Society of Travel Agents These are serious concerns because some travel agent websites include much data "imported" from other firms' websites, including cruise lines and other forms of wholesalers of travel product. The agent has no control over the methods by which that content was created and cannot change the content or even influence changes in it. No matter how well-intended the goal, the Department cannot simply extend its jurisdiction over air carriers to reach non-air transportation commercial activities of firms that happen to have a certain contractual relationship with the airlines for other purposes. Counsel: Paul Ruden 703-739-6854, pruden@astahq.com
March 2, 2005 Re: Comments of The National Air Carrier Association NACA concurs with the Departments recommendations for the inclusion of foreign carriers in its regulations, as required under ACAA. We do recommend that, where foreign airlines are from nations that already have aviation regulations that address nondiscrimination on the basis of disability, the U.S. regulation need only address a flight that originates or terminates at a U.S. airport. Other foreign flight segments need not be addressed. Where the foreign air carriers' national regulations do not have coverage of this issue, NACA fully supports the Department's recommendations to include beyond gateway flights. Taking this approach will provide some foreign carrier the flexibility to operate under their own country's regulations, while precluding discrimination and assuring that no one carrier has an advantage or disadvantage in aviation markets. By: NACA, Ronald Priddy
March 3, 2005 Re: Comments of Paws With A Cause By: Michael Sapp, Sr. Ozark Airlines, Inc. d/b/a Great Plains Airlines Order 2005-03-05 Issued and Served March 3, 2005 Order Revoking Certificate Authority | Word By this order, we revoke the interstate scheduled certificate issued to Ozark Airlines, Inc. d/b/a Great Plains Airlines by Order 2000-3-22 for reason of dormancy. On January 6, 2005, we advised Ozark that more than nine months had elapsed since its authority had been suspended and we had heard nothing from the company regarding its intention to resume operations. At that time, we further reminded the carrier that its certificate would be revoked if the Department did not receive notification from Ozark of its intent to resume operations on or before February 21, 2005. That date has passed and we have heard nothing from the carrier. By: Randall Bennett OST-2005-20552 - Emergency Exemption - Manu'a Islands-Pago Pago March 3, 2005 Application for an Emergency Exemption Polynesian Limited hereby requests an emergency exemption from the provisions of 49 U.S.C. 40109(g) and 41703(c) confirming the Department of Transportation's March 2, 2005, oral approval of Polynesian's operation of one one-way medical evacuation flight from the Manu'a Islands, American Samoa, 1 to Pago Pago, American Samoa on March 2. Counsel: Squire Sanders, Charles Donley II, 202-626-6840, cdonley@ssd.com Review of Existing Regulations and Regulatory Agenda March 3, 2005 Re: Comments of ASTAR Air Cargo By: Steven Jones, Quality Control, 236 Wendell H. Ford Blvd., Erlanger KY 41018 OST-04-19083 - Petition for Rulemaking to Amend 14 CFR 257.5(d) February 23, 2005 Re: Comments of S. Reilly - Blogger By: S. Reilly OST-03-14650 - US-Buenos Aires, Argentina / Montevideo, Uruguay Codeshare with United March 2, 2005 Re: Letter Seeking Renewal of Route Integration With respect to US Airways' application to renew its exemption for scheduled foreign air transportation services (1) between the United States and Buenos Aires, Argentina; (2) beyond Buenos Aires to Montevideo, Uruguay, and (3) between the United States and Montevideo, Uruguay, in this Docket, please be advised that US Airways is seeking renewal of the route integration previously attached to that authority as well. Counsel: O'Melveny & Myers, Patrick Rizzi, 202-383-5384, prizzi@omm.com US Airways, Inc., and Deutsche Lufthansa AG OST-03-15946 - US-Germany Codesharing March 3, 2005 Re: 30-Day Notice of US Airways and Lufthansa Pursuant to the blanket statement of authorization issued in this docket, Lufthansa hereby notifies the Department that, commencing April 4, 2005, Lufthansa will display US Airways' "US" designator code on flights operated by Lufthansa between:
Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com US-Brazil Combination Frequencies OST-2004-19161 - Delta Air Lines - Atlanta-Rio de Janeiro March 3, 2005 Delta does, in fact, plan to operate an overnight service, which is preferred by U.S.-Brazil passengers. However, contrary to United's assertions, Delta will have the two aircraft that are necessary for this proposal available on October 1. Without a shred of evidence to back its claims, United accuses Delta of playing "musical airplanes" and pontificates that it is "not at all clear" to United how Delta will fund Atlanta-Rio service on October 1. United claims that because Delta's scheduled reduction of Atlanta-Moscow service on September 30 will not be sufficient to provide two aircraft, that somehow Delta would not be able to provide the service it promised to begin on October 1. United is wrong. It should come as no surprise to United that Atlanta–Moscow is not the only international service operated by Delta. As Delta's published schedules reflect, on September 30 Delta will reduce the peak season schedules it will operate this summer on the Atlanta-London and Atlanta-Rome routes. Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-4999, sascha.vanderbellen@hhlaw.com 2005 Los Angeles-Mexico City Combination Service Proceeding
Trudy Baydo | George Curtis, Jr. | Janelle Fernandes | Bellamann Hee, Jr. | David Huber | James McCabe | Hakia Moll | Miguel Murrieta | Rebecca O'Neil | Arturo Oropeza | Byron Palmer | Melissa Pierce | Kimberly Power | James Ritchie | JoDeanne Ryan | Paul San Juan | Gina Tunnicliffe | Georgeanna Warren
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