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OST Docket Filings for March 25, 2005

Updated: 3/28/05 | 11:47 AM

Applications and Renewals:

AirSprint - Canada-US Exemption / Motions for Confidential Treatment

Boston-Maine - Interstate Large Aircraft Services Emergency Exemption

Continental and KLM - Codeshare Notice - Amsterdam-Ethiopia/Sudan/Estonia

Answers and Replies:

Alitalia, Czech, Delta, KLM, Northwest and Air France - Joint Applicants Answer to Motion of American Airlines and Motion for Confidential Treatment

Carriers v. Port Authority of NY & NJ - Respondent's Opposition to the Airlines' Motion to Modify Attachment 1 to the Instituting Order and Motion for Deposition / Respondent's List of Witnesses / Respondent's List of Direct Testimony / Respondent's Exhibit List / Respondent's Settlement Report

Homer Air - Response of Smokey Bay Air to Information of Homer Air

Tradewind Aviation - Answer of Tradewinds Airlines

Wright Air Service - Designation of Agent for Service of Notice, Process, Orders, Decisions and Requirements

2005 Los Angeles-Mexico City Combination Service Proceeding - Letters in Support of Alaska Airlines

Notices of Action Taken:

Polet - Wichita-Everett Emergency Cabotage Exemption

Notices and Orders:

Carriers v. Port Authority of NY & NJ - Security Notice

EAS at Elfin Code and Pelican, AK - Extending Subsidy Rate

EAS at Pendleton, OR - Order Selecting Carrier and Setting Subsidy Rate

US-Brazil All-Cargo Services - Final Order




AirSprint, Inc.

OST-2005-20771


March 23, 2005

Application for an Exemption

AirSprint applies for a one year exemption from U.S.C. section 41301, authorizing it to provide foreign ondemand charter air transportation of persons, property and mail between Canada and the United States of America, either directly or via intermediate points in other countries, with or without stopovers. AirSprint also seeks authority to operate Fifth Freedom charter service pursuant to the prior approval requirements set forth in Part 212 of the Department's Economic Regulations. The U.S.‑Canada 1995 Bilateral Agreement encompasses Canada‑U.S. charters.

By: Philip Dewsnap, 403-730-2344, pjd@airsprint.com


March 23, 2005

Motion for Confidential Treatment of Exhibit 8, Aircraft Ownership Pursuant to Section 302.12

By: Philip Dewsnap, 403-730-2344, pjd@airsprint.com


March 23, 2005

Motion for Confidential Treatment of Exhibit 9, Financial Data Summary Pursuant to Section 302.12

By: Philip Dewsnap, 403-730-2344, pjd@airsprint.com

http://www.airsprint.com/

Index


Boston-Maine Airways Corp.

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

March 24, 2005

Application for Grant of an Emergency Exemption

BMAC hereby requests that the foregoing exemption authority be granted on an expedited basis, pursuant to the Department's Emergency Exemption procedures set forth in Section 302.311 of the Rules of Practice,' to become effective on or before April 8, 2005, and continuing in effect for a period of two years, or until 90 days after final action on BMAC's pending application in Docket OST-03-14985 for issuance of a certificate of public convenience and necessity authorizing BMAC to operate up to seven (7) large aircraft in interstate and/or foreign air transportation operations, whichever occurs first.

BMAC requires authority to operate a fourth large aircraft in the immediate near‑term future in order to respond to recently‑confirmed public service commitments which will exceed the capabilities of BMAC's current three large‑aircraft fleet. Specifically, in addition to two lines of scheduled service operations, BMAC has been retained by a major cruise line company to serve as the direct air carrier in performing a series of weekly Public Charter flights commencing on April 14, 2005. Subject to favorable Department action on this application (and FAA approval of the addition of the fourth B‑727 to BMAC's Part 121 Operations Specifications) on or before April 12, 2005, BMAC has agreed to provide the required Public Charter flights commencing on April 14, 2005 (with a prior aircraft‑positioning ferry flight to be flown on April 13, 2005 as necessary). If Department (and FAA) approval of BMAC's operation of a fourth large aircraft is not received by April 12th, BMAC will be obliged to procure sub‑service arrangements to be performed by a fully‑qualified U.S. air carrier for the period prior to BMAC's receipt of necessary authorizations from the Department and the FAA. The necessity for procuring a sub‑service arrangement would entail an adverse financial impact on BMAC.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

http://www.bmairways.com/

Index


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

OST-2005-20407


March 23, 2005

Security Notice

By: Richard Goodwin


Filed March 23, 2005

Respondent's Opposition to the Airlines' Motion to Modify Attachment 1 to the Instituting Order and Motion for Deposition

Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholar.com


Filed March 23, 2005

Respondent's List of Witnesses

Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholar.com


Filed March 23, 2005

Respondent's List of Direct Testimony

Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholar.com


Filed March 23, 2005

Respondent's Exhibit List

Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholar.com


Filed March 23, 2005

Respondent's Settlement Report

Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholar.com

Index


Continental Airlines, Inc. and KLM Royal Dutch Airlines

OST-2001-10880 - US-Netherlands Codeshare

March 25, 2005

Re: Codeshare Notice

This is to notify the Department, pursuant to condition (c) of that Notice of Action Taken, that Continental and KLM intend to begin codeshare service on the following additional route segments, on or after thirty days from today.

Amsterdam -Addis Ababa, Ethiopia  -Khartoum, Sudan -Tallinn, Estonia

Continental's September 20, 2004, exemption application in Docket OST-04-19165 notified the Department that Continental would be codesharing on KLM's Amsterdam-Tripoli flights, and Continental intends to implement that codesharing at the same time. Continental holds blanket exemption authority for codesharing. (See Notice of Action Taken, Docket OST-05-20122, March 1, 2005)

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615

Index


Delta Air Lines, Inc. / KLM Royal Dutch Airlines / Northwest Airlines, Inc. / Societe Air France / Alitalia-Linee Aeree Italiane-S.p.A. / Czech Airlines

OST-2004-19214 - Approval of and Antitrust Immunity for Alliance Agreements

March 25, 2005

Joint Applicants' Answer to Motion of American Airlines to Require Submission of Additional Documents

American's fifth Motion to Require the Submission of Additional Documents should be denied. The Joint Applicants have already fully complied not only with the Department's standard information request required for antitrust immunity ATI applicants, but also with the Department's detailed Request for Additional Information. (Order 2004‑11‑15). The record is now complete and it is time for the Department to issue a scheduling order and proceed with an evaluation of the merits of the Joint Application. American has filed a total of five evidentiary motions. The latest filing is like the others ‑‑ nothing more than a further effort to delay consideration of the Joint Application.

Joint Motion for Confidential Treatment

The Joint Applicants hereby move for confidential treatment of the redacted portions of their Answer, filed today in response to the Motion of American Airlines  Require Submission of Additional Documents. The confidential material at issue includes reference to documents that are already covered by pending Motions for Confidential Treatment filed by the respective Joint Applicants in the captioned docket. The Joint Applicants hereby adopt and incorporate by reference the augments set forth in their prior Motions for Confidential Treatment.

Counsel: Megan Rae Rosia, 202-842-3193 for Northwest / Shaw Pittman, 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

Index


Essential Air Service at Elfin Cove and Pelican, Alaska

Order 2005-3-36
OST-2002-11586

Issued March 25, 2005 | Served March 30, 2005

Order Extending Subsidy Rate - PDF Not Available

The Department is extending the subsidy rate set by Order 2003-1-27 for Alaska Seaplane's essential air service at Elfin Cove and Pelican, Alaska, as an interim rate, effective February 1, 2005, until further Department action.

By: Randall Bennett

Index


Essential Air Service at Pendleton, Oregon

Order 2005-03-35
OST-04-19934 - EAS at Pendleton, OR

Issued March 25, 205 | Served March 30, 2005

Order Selecting Carrier and Setting Subsidy Rate

By this order, the Department (1) selects Horizon Air Industries, Inc., d/b/a Horizon Air to provide subsidized essential air Service at Pendleton, Oregon for a two-year period, and (2) establishes a subsidy rate of $649,974 per year for service consisting of three weekday and four weekend nonstop or one-stop round trips between Pendleton and Portland with 37-seat Bombardier Q200 aircraft.

By: Karan Bhatia

http://www.pendleton.or.us/airport.htm

Index


Homer Air, Inc.

OST-01-9181 - Certificate - Interstate Scheduled

March 24, 2005

Response of Smokey Bay Air to Information of Homer Air | Word

By letter dated March 7, 2005, Homer Air, Inc. filed information relating to its continuing fitness in anticipation of activating the Certificate awarded by Order 2004-7-7. Over eight months have passed since that Order was issued, and the information is not sufficient and is possibly misleading as to the current fitness of Homer Air. During the interim, Homer Air has been providing commercial air service, but there are no current financial reports to demonstrate current fitness or experience.

By: Claire McCann, 907-235-1511

Index


Polet Airlines

OST-2005-20765 - Emergency Cabotage Exemption - Wichita-Everett

Filed March 24, 2005 | Issued March 25, 2005

Notice of Action Taken

Exemption from 49 U.S.C. section 40109(g) to operate one, one-way, cargo charter flight from Wichita, Kansas, to Everett, Washington, on March 26,2005, using its AN-124-100 aircraft to transport three Boeing 777 Rolls Royce thrust reversers for installation on a new Boeing 777 aircraft, on behalf of Boeing Commercial Airplane Group. The applicant states that Boeing urgently needs delivery of the cargo for installation on the Boeing 777, so that the aircraft can be completed for immediate delivery, and that surface transportation is not feasible because of the excessive time such transportation would take.

By: Karan Bhatia

http://www.polet.ru/

Index


Tradewind Aviation, LLC

OST-2005-20570 - Certificate of Public Convenience and Necessity - Interstate

March 25, 2005

Answer of Tradewinds Airlines

Tradewinds expresses no view and does not take any position as to Tradewind's entitlement to hold the certificate authority it seeks herein. However, Tradewinds does strongly oppose Tradewind's proposed use of Tradewinds' long‑established trade name "Tradewinds" based upon the confusion the use by applicant of the Tradewind name will cause, as well as the potential to harm Tradewinds' long‑standing air carrier services in the U.S.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

Index


US-Brazil All-Cargo Services

Order 2005-03-31
OST-03-16690 - US-Brazil All-Cargo Services
OST-04-17363 - Transfer of Brazil Exemption, Designation, Frequencies, and Frequency Dormancy Waiver

Issued March 8, 2005 | Served March 25, 2005

Final Order

By this order, we make final our tentative findings and conclusions set forth in Order 2004-11-3 award Arrow Air certificate authority for scheduled all-cargo service between Miami and Brazil and allocate it 5 weekly frequencies for its services; and make final our tentative selection of Amerijet International for backup authority in this case.

In addition, by this order, we make final our tentative decision to authorize Polar Air Cargo to operate U.S.-Brazil all-cargo services in place of Atlas Air.

By: Karan Bhatia

Index


Wright Air Service, Inc.

OST-02-12555 - Designation of Agent for Service of Notice, Process, Orders, Decisions and Requirements

March 9, 2005

Designation of Agent for Service of Notice, Process, Orders, Decisions and Requirements

By: Bob Bursiel

Index


2005 Los Angeles-Mexico City Combination Service Proceeding

OST-2005-20406


March 9, 2005

Re: Applause Travel Letter in Support of Alaska Airlines

By: Anne Edmaun


March 9, 2005

Re: Bourke Travel Letter in Support of Alaska Airlines

By: Kim McKee-Bourke


March 7, 2005

Re: Carlson Wagonlit Travel Letter in Support of Alaska Airlines

By: Lara Cole


March 25, 2005

Re: Corporate VAT Management Letter in Support of Alaska Airlines

By: Jim Kelly


March 10, 2005

Re: Cortan Industries Letter in Support of Alaska Airlines

By: Roger Coursan


March 4, 2005

Re: Theodore Kulongoski, Governor of Oregon Letter in Support of Alaska Airlines

By: Theodore Kulongoski


March 11, 2005

Re: Lumberman's Underwriting Alliance Letter in Support of Alaska Airlines

By: James Trenter


March 8, 2005

Re: Myrna's Travel Service Letter in Support of Alaska Airlines

By: Shirlee Lugus


March 8, 2005

Re: Myrna's Travel Service Letter in Support of Alaska Airlines

By: Kathy Skelton


March 23, 2005

Re: Portland Business Alliance Letter in Support of Alaska Airlines

By: Bob Van Brocklin


March 11, 2005

Re: Regence Blueshield Letter in Support of Alaska Airlines

By: Mary McWilliams


March 10, 2005

Re: Seattle-Tacoma International Airport Letter in Support of Alaska Airlines

By: Mark Reis


March 11, 2005

Re: Travel House Letter in Support of Alaska Airlines

By: Robert Kerr


March 4, 2005

Re: Travel in Style & Class Act Tours Letter in Support of Alaska Airlines

By: Carol Kennedy


March 7, 2005

Re: Travel Pie Letter in Support of Alaska Airlines

By: Ian Quartermaine


March 4, 2005

Re: Uptown Landing Cruise & Travel Letter in Support of Alaska Airlines

By: Joan Bush

Index



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