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OST Docket Filings for March 14, 2005
Updated:
| Applications and Renewals:
Air Dolomiti - Intra-Europe Codeshare with US Airways Aviation Ventures d/b/a Vision Air - Supplement No. 7 to Amended Application Eurowings - Intra-Europe Codeshare with US Airways Answers and Replies: Disclosure of Codesharing and Long-Term Wet Lease - Print Advertising - Comments of American Society of Travel Agents, American Airlines, Continental, Delta, Independence Air, Northwest, Regional Airlines, United and US Airways/ Individual Comments EAS at Burlington, IA - Comments of Teresa Sargent EAS at Jackson, TN - Letter in Support of Mesaba d/b/a Northwest Airlink / Letter in Opposition to Mesaba d/b/a Northwest Airlink EAS at Iron Mountain/Kingsford, MI, Ironwood, and Manistee/Ludington, Michigan / Ashland, Wisconsin - Proposals of Air Midwest and Skyway EAS at Marion, IL - Letter against Change of Carrier / Letter against Change in Service EAS at Visalia, CA - Request for Final Comments Intra-Alaska Mail Rates - Equalization Notice of Arctic Circle Air Nondiscrimination on the Basis of Disability in Air Travel - Comments of Atlantic Southeast North American - Reply of North American to Answer of Continental Transportes Aereos Excel - Counterpart to Warsaw Agreement Notices of Action Taken: Spirit - Ft. Lauderdale-Mexico City Waiver Notices and Orders: Scott Aviation - Dismissing Application |
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OST-2005-20657 - Exemption and Statement of Authorization - Codeshare with US Airways March 14, 2005 Application for Exemption and Statement of Authorization - Bookmarked Hereby applies for an exemption from 49 U.S.C. § 41301 and a blanket statement of authorization permitting Air Dolomiti to display the designator code of US Airways, Inc. on all flights operated by Air Dolomiti on behalf of Deutsche Lufthansa AG within EuropeP Because Air Dolomiti and US Airways plan to begin code sharing as soon as they receive all necessary governmental approvals, Air Dolomiti hereby requests expedited treatment of this application. Air Dolomiti operates flights within Europe on behalf of Lufthansa under the "Lufthansa Regional" name pursuant to a marketing and franchise agreement Lufthansa and US Airways hold authority from the Department to engage in code sharing on a reciprocal basis pursuant to an alliance agreement between those carriers. Air Dolomiti is a wholly-owned subsidiary of Lufthansa and therefore deemed to be a party to that agreement. Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com
Aviation Ventures, Inc. d/b/a Vision Air OST-04-19518 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger March 11, 2005 Supplement No. 7 to Amended Application for a Certificate of Public Convenience Counsel: Eric Zubel, 2026-613-4433, ez@zubelpc.com Disclosure of Codesharing and Long-Term Wet Lease Arrangements - Print Advertising
March 14, 2005 The Regional Airlines urge the Department to adopt its proposed rule as promptly as possible. Eliminating unnecessary burdens on airlines is particularly important as airlines struggle with the difficulties caused by extraordinarily high fuel prices, excessive taxes and fees and declining ticket prices. The proposed rule will alert consumers to the prospect that they will be traveling on flights operated by an airline other than the marketing airline, and they will have specific information on which airline operates which flight when they review specific schedules for purchase. By: Geoffrey Crowley, gcrowley@airwis.com for Air Wisconsin / Skip Barnette, skip.barnette@delta.com for Atlantic Southeast / Kate Soled, kate.soled@aa.com for American Eagle / Scott Peterson, scott.peterson@expressjet.com for ExpressJet / Thomas Cooper, tcooper@gulfstreamair.com for Gulfstream / Keith Houk, keith_d._houk@usairways.com for PSA / Maximillian Shemish, max.shemesh@mesaba.com for Mesaba / Douglas Caldwell, dcaldwell@regionsair.com for Regionsair / Nikki Tinker, ntinker@nwairlink.com for pinnacle, Todd Emerson, temerson@skywest.com for Skywest
March 14, 2005 American believes that the proposed relief for print advertising be extended to internet advertising as well. The same difficulties and burdens that United has identified in constructing print ads also arise with respect to internet ads, since the identity of the operating carriers in a particular city-pair may not be known until an itinerary is selected. While the Department suggests that this problem can be solved on the internet through "hyperlinks or other techniques", that would only impose the same burdens on carriers, and create the same potential for consumer confusion, that the Department has identified for print media. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
March 14, 2005 Comments of American Society of Travel Agents ASTA believes the proposed change to the regulations governing print advertisements is appropriate. There is little reason to believe that the blizzard of footnotes accompanying typical complex fare advertisements is of any real value to consumers in deciding which airline to use. However, we are deeply concerned that the Department would deny the same benefits of simplification to those retailers who compete with the airlines for the patronage of consumers using the Internet as the advertising medium. By: Paul Ruden
March 14, 2005 Comments of Continental Airlines Continental urges the Department to end the consumer confusion and unnecessary airline burdens resulting from the codeshare disclosure rule, 14 C.F.R. 27(d), by making final its proposal to eliminate the requirement to disclose each specific codeshare partner on each route for service offered to the public in print advertising. In addition, Continental urges the Department to adopt American's proposal to eliminate this requirement for Internet advertising, which is consistent with the Department's longstanding policy that print and Internet advertising are subject to the same disclosure requirements to ensure the rule's intended benefits and protections are available in both media. Codeshare disclosure requirements ordered by the Department as a condition of approving an arrangement should be preserved, however, to ensure the Department's concerns about potential harm to consumers are addressed. Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2615
March 14, 2005 Delta's marketing campaigns are typically undertaken simultaneously in both print and Internet media. The same burdens and difficulties associated with developing detailed footing disclosures for print adds also apply to the Internet. The NPRM incorrectly assumed that hyperlinks and other Internet techniques would somehow address this problem. Such "hyperlinks" are nothing more than electronic footnotes that convey the same extraneous and potentially confusing detail that the Department has tentatively determined to eliminate from print advertising disclosures. Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com
March 11, 2005 Without proper justification, the DOT proposes to undo over five years of carefully crafted regulation, first adopted in 1999 in the interest and name of the consumer. The DOT proposes to do this by permitting carriers to provide only a general statement that code share flights might be operated by one or more of a menu of air carriers whose names will he displayed in print advertisements. The DOT proposal, made in response to a rulemaking request submitted by United Airlines, is unwarranted and not justified by the mere fact that code share operations have allegedly expanded since the 1999 adoption of the current rule, thereby placing an additional "burden" on carriers in preparing print advertisements, as claimed by United. Independence Air, Inc. hereby urges the Department to maintain the current regulatory regime by requiring carriers to disclose, with specificity, the identity of the carriers that will actually provide the air transportation being promoted in all print advertisements. By only requiring the carriers to list the names of the carriers that might provide the air transportation being promoted, the traveling public is deprived of information the DOT thought in 1999 was vital to the decision making process by which consumers make airline choices. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com
March 14, 2005 Comments of Northwest Airlines With respect to the disclosure of codesharing and wet‑leasing arrangements, there is no significant difference between print advertisements and Internet advertisements. Today, both forms of advertisement provide basically the same information to essentially the same type of consumers, albeit through different means. And Internet advertisements are subject to the same compliance costs and possible consumer confusion considerations associated with the dissemination and receipt of print advertisements. Accordingly, it is in the public interest for the Department to make the codeshare and wet‑lease disclosure standards the same for these two forms of advertising. Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com
March 14, 2005 Comments of United Air Lines on Notice of Proposed Rulemaking United strongly supports the Department's proposal to revise 14 C.F.R. § 257.5(d) so that carriers will no longer be required to identify the specific carriers on which a passenger might travel on a particular itinerary, but to disclose only the fact that some service over a route might be provided by a code‑share partner and to provide the names of the potential transporting carriers. United urges the Department to finalize the proposed revised rule as soon as possible and to make it applicable to Internet as well as print advertising. Counsel: United and Wilmer Cutler, Bruce Rabinovitz, 202-663-6960, Bruce. Rabinovitz@wilmerhale.com
March 14, 2005 Although it is hard to estimate the exact cost, US Airways believes that for every one of the hundreds of print advertisements run each year by US Airways, the increased disclosure requirements add staff time and expense to the process. A recent US Airways' advertising campaign in support of six newspaper/web advertisements resulted in reviewing 320 different city pairs for code share disclosure compliance. This timeconsuming process involves collecting data from multiple databases. US Airways estimates that an extra 16‑20 hours of staff time was spent in the preparation of this advertising campaign in order to comply with the current Code Share Rules. Given the relatively small amount of utility passengers receive from this additional information and the high cost of compliance, US Airways submits the rules should be changed to require only generic disclosure. Counsel: US Airways, Elizabeth Lanier, 703-872-5230
Linda Ackerman | Brian Excelbierd | Chuck Farley | Edward Hasbrouck | grabmeister@aol.com Natasha Krochina | Leslie | Susan Painter | Phillip Schmidt | Jesse Walkershaw | John Westcott
Essential Air Service at Burlington, Iowa OST-01-8731 - EAS at Burlington, IA March 8, 2005 Re: Comments of Teresa Sargent By: Teresa Sargent Essential Air Service at Iron Mountain/Kingsford, Ironwood, and Manistee/Ludington, Michigan / Ashland, Wisconsin OST-99-5175 - EAS at Iron Mountain/Kingsford, MI
March 10, 2005 Proposal of Air Midwest - Mesa Airlines By: Mesa, Mickey Bowman, mickey.bowman@mesa-air.com
March 10, 2005 Proposal of Skyway Airlines - Midwest Connect By: Midwest, James Rankin, james.rankin@midwestairlines.com
Essential Air Service at Jackson, Tennessee OST-00-7857 - EAS at Jackson, TN
March 14, 2005 Re: Annette Fann Letter in Opposition to Mesaba Airlines d/b/a Northwest Airlink By: Annette Fann
March 8, 2005 Re: City of Lexington Letter in Support of Mesaba Airlines d/b/a Northwest Airlink By: Bennie Scott, Mayor Essential Air Service at Marion, Illinois OST-00-7881 - EAS at Marion, IL
March 9, 2005 Re: Cynthia Boehne and Gerry Boehne Letter against Change in Service By: Cynthia Boehne and Gerry Boehne
March 8, 2005 Re: Lane Pierce Letter against Change of Carrier By: Lane Pierce Essential Air Service at Visalia, California OST-04-19916 - EAS at Visalia, CA March 14, 2005 Re: Request for Final Comments from The Honnorable Bob Link, Mayor, Visalia By: Dennis DeVany OST-2005-20658 - Exemption and Statement of Authorization - Codeshare with US Airways March 14, 2005 Application for Exemption and Statement of Authorization Eurowings hereby requests that the Department grant it the authority necessary to display US Airways' "US" designator code on all flights operated by Eurowings on behalf of Lufthansa between points outside the U.S. Eurowings' fleet consists of ATR 42 and ATR 72 turboprop aircraft, Bae 146-200 and -300 jet aircraft, CRJ 200 jet aircraft. Eurowings operates flights with its own aircraft and crew within Europe on behalf of Deutsche Lufthansa AG under the "Lufthansa Regional" name pursuant to a marketing and franchise agreement. Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com Intra-Alaska Class Service Mail Rates OST-03-14694 - Intra-Alaska Class Service Mail Rates March 11, 2005 Equalization Notice of Arctic Circle Air Service By: Phil Hendrickson Nondiscrimination on the Basis of Disability in Air Travel March 2, 2005 Comments of Atlantic Southeast Airlines By: Donald Day OST-2005-20581 - US-Accra, Ghana March 14, 2005 Reply of North American Airlines to Answer of Continental Airlines North American has no objection to Continental's request that its application for authority and seven frequencies for U.S.-Ghana service in Docket OST-2005-20523 be granted contemporaneously with the application of North American for similar authority in this Docket. In this connection, North American has polled the carriers listed in its certificate of service and, other than Continental's comment, these carriers had no objection to approval of North American's application. Accordingly, North American requests that its exemption application be granted as soon as possible and a designation sent to Ghana pursuant to the U. S -Ghana Air Transport Agreement. North American plans to start service in April 2005. Continental did not specify a start‑up date in its application. Counsel: Baker & Hostetler, David Kirstein, 202-861-1756, dkirstein@bakerlaw.com Order 2005-3-19 Issued March 14, 2005 | Served March 17, 2005 By letter dated January 24, 2005, we reminded Scott Aviation that we had yet to receive any information or response to our December 1, 2004, Information Request and advised it that should the carrier fail to provide the requested information within 14 days of the date of this letter, i.e., by February 7, 2005, we would dismiss its application without further notice. In that letter, we also reminded the applicant that the information for which we denied confidential treatment had not been submitted in the public record, and notified the applicant that unless this material was filed immediately, further delays in processing its application would result. The Department fully expects an applicant for certificate authority to be prepared to prosecute its application at the time it is filed. While we are willing to work with applicants in the certification process and, where warranted, allow additional time to file information, we cannot allow applications to remain pending indefinitely, particularly where applicants are non- AGS Partnership, which shares the same ownership as Scott Aviation, holds authority under 14 CFR Part 125, to engage in private carriage operations. By Order 2004-2-7, issued February 9, 2004. the Department found that AGS Partnership had violated 49 U.S.C. § 41101 by engaging in air transportation without appropriate economic authority, which is an unfair and deceptive practice and an unfair method of competition under 49 U.S.C. § 41712. In this consent order, the Department directed AGS Partnership and all other entities owned and controlled by, or under common ownership and control with AGS Partnership and their successors and assignees, to cease and desist from further similar violations, and assessed the company $65,000 in civil penalties. To date, AGS Partnership has not paid its civil penalties. By: Randall Bennett OST-2004-19039 - Exemption - Fort Lauderdale-Mexico City Filed January 13, 2005 | Issued March 11, 2005 After careful consideration of this matter, we have decided to grant the application filed by Spirit for a waiver of the start-up deadline imposed by the Notice of Action Taken dated September 22, 2004, and have amended the start-up deadline through December 15, 2005, for Ft. Lauderdale-Mexico City combination air transportation. We found that waiving the startup condition imposed on Spirit’s award here was in the public interest in the circumstances presented; namely, that Spirit has accelerated its retirement of its MD-80 aircraft and is working to take delivery of new Airbus aircraft that it will use to serve the Ft. Lauderdale-Mexico City market; that it is the only U.S. carrier authorized to serve the Ft. Lauderdale-Mexico City market (leaving one U.S. designation opportunity available in this market); and that no party opposed its request for a waiver. In taking this action, however, we put Spirit on notice that, should other U.S. carriers file applications for Ft. Lauderdale-Mexico City authority, we reserve the right to reconsider our decision here to determine whether or not that decision continues to be in the public interest. By: Paul Gretch Transportes Aereos Excel, S.A. de C.V. OST-95-236 - Warsaw Agreement November 30, 2004 Re: Counterpart to Warsaw Agreement By: Gustavo Anaya |
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