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OST Docket Filings for January 3, 2006

Updated: 1/4/06 | 11:52 AM

Applications and Renewals:

Aeromexico - Mexico City-Cleveland / Mexico City-Orlando Renewal

American Eagle - DFW-Guadalajara Renewal

Delta - Atlanta-Quito/Guayaquil

JetBlue - JFK-Santo Domingo/Santiago Renewal

Answers and Replies:

Continental - Answer of Delta - Renewal of Ecuador Frequencies

Intra-Alaska Mail Rates - USPS Comments on Letter from The Consolidated Carriers

NPRM on Actual Control - Comments of ACI Europe

Shuttle America / Republic Airlines - Respnse of Frontier (Form 41 Motions)

US-Ukraine Frequencies - Response of United to Answer of Delta

Virgin America - Confidentiality Affidavit for American Airlines / Support Letters

Notices of Action Taken:

None

Notices and Orders:

None




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


OST-2006-23510 - Exemption - Mexico City-Cleveland

January 3, 2006

Application for an Exemption

By this application, Aeromexico seeks an exemption to engage in scheduled foreign air transportation of persons, property and mail between Mexico City, Mexico and Cleveland, Ohio. On or about April 1, 2006, Aeromexico proposes to offer two nonstop round trips per week between Mexico City and Cleveland, utilizing B‑737‑700 or other appropriate aircraft. The proposed nonstop services will generate significant benefits for the traveling and shipping public.

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459/6466


OST-1998-4482 - Exemption - Mexico City-Orlando

Janaury 3, 2006

Application for Renewal of Exemption Authority

Seeks renewal of its exemption authority to provide scheduled combination service between Mexico City and Orlando. The authority was last renewed by Notice of Action Taken, dated January 24, 2005, and currently is set to expire on February 4, 2006. Aeromexico is offering multiple weekly MD-80 round trip nonstop services in the Mexico City-Orlando market, and it desires to continue providing such service in the future. In addition, Aeromexico is carrying the two letter designator code of Delta Air Lines, Inc., on the flights

Counsel: DLA Piper Rudnick, William Evans, 202-861-6459/6466

http://www.aeromexico.com/

Index


American Eagle Airlines, Inc.

OST-2004-17128 - Exemption - Dallas/Ft. Worth-Guadalajara

January 3, 2006

Application for Renewal of Exemption

American Eagle provides daily nonstop service between Dallas/Ft. Worth and Guadalajara using 46-seat ERJ-145 aircraft (effective January 10, 2006).

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

http://www.aa.com/

Index


Continental Airlines, Inc.

OST-1997-2447 - US-Ecuador Frequencies

Janaury 3, 2006

Answer of Delta Air Lines

Delta does not oppose Continental's request for a dormancy waiver provided that Delta's application filed today for seven U.S.-Ecuador frequencies is granted in full. Delta proposes to use seven frequencies for daily Atlanta -Quito/Guayaquil service, beginning on or about June 1, 2006. Since there are eight currently available unallocated frequencies. However, should carrier selection proceedings become necessary for any reason, Continental's dormant frequencies should be placed at issue.

Counsel: Delta and Hogan & Hartson, 202-637-4999, recohn@hhlaw.com

http://www.continental.com/

Index


Delta Air Lines, Inc.

OST-2006-23526 - Exemption - Atlanta-Quito/Guayaquil, Ecuador

January 3, 2006

Application for an Exemption

Applies for an exemption and allocation of seven (7) U.S. -Ecuador frequencies to enable Delta to operate daily nonstop service between Atlanta and Quito/Guayaquil, Ecuador. Delta's new service will provide Atlanta with its only nonstop service to Ecuador, and will also provide attractive new online connections between Quito/Guayaquil and the 216 cities served by Delta and the Delta Connection carriers from Atlanta. The proposed new flight will begin on or about June 1, 2006, using Boeing 757-200 aircraft configured with 156 economy and 22 business class seats.

There are presently only two U.S. carriers serving Ecuador: American and Continental.

Delta presently has a certificate application for broad U.S.--Ecuador authority pending in Docket OST-1999-6246. Delta also has an application for Atlanta-Quito/Guayaquil certificate authority pending in Docket OST-1997-3218. There are also seven dormant frequencies for which Continental has requested a dormancy waiver. See, Application of Continental dated December 19, 2005, Docket OST-1997-2447.

Counsel: Delta and Hogan & Hartson, 202-637-4999, recohn@hhlaw.com

OST-1995-552 - American Airlines' Realignament of Certificate for Route 389
OST-2002-12000 - American Airlines' Ecuador Frequencies
OST-1997-2447 - Continental Airlines' Ecuador Frequencies

http://www.delta.com/

Index


Intra-Alaska Bush Service Mail Rates

OST-2003-14694

December 30, 2005

Re: United States Postal Service Comments on Letter from The Consolidated Carriers

The Postal Service notes that on December 26, 2005, a document from Mr. Hank Myers of MTC entitled "Reply of the Consolidated Carriers and Request for Leave to File an Otherwise Unauthorized Document," dated December. It offered those carriers' "comments" or "reply comments" to comments earlier filed by other parties, including the Postal Service, pursuant to your December 1 notice soliciting "further written comments and evidentiary submissions" subsequent to the November 30 informal rate conference concerning Part 121 service in Alaska.

Given the Notice's advice that submissions such as this of the 26th are both untimely and unauthorized, the Postal Service does not seek to respond to it. However, should the Department revise its view and undertake to consider this filing, the Postal Service respectfully requests that it and all affected carriers have a reasonable opportunity to reply to the submission.

Counsel: USPS, William Jones

http://www.usps.com/

Index


JetBlue Airways Corporation / Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers

OST-2004-17265 - Exemption - New York JFK-Santo Domingo/Santiago, Dominican Republic
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers

January 3, 2006

Application for Renewal of Exemption

The exemption requested herein is for the transportation of persons, property and mail, in combination service, between JFK Airport and Santo Domingo, DR and between JFK Airport and Santiago, DR. JetBlue operates these routes with stage 3 compliant airbus A‑320 aircraft, the same aircraft it presently operates to San Juan, Puerto Rico. JetBlue's A‑320 aircraft are configured to carry 156 customers.

Counsel: JetBlue and Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com

http://www.jetblue.com/

Index


Notice of Proposed Rulemaking on Actual Control of US Carriers

OST-2003-15759

January 3, 2006

Comments of Airports Council International Europe

ACI EUROPE takes note of and agrees broadly with the position of our colleagues in the Association of European Airlines regarding the NPRM. In particular ACI EUROPE would appreciate clarification of the requirements relating to defence, security and safety. Specifically, as to whether a DOT review of a US carrier controlled by non‑US citizens might be subject to greater safety and security scrutiny than would a US carrier owned and controlled by US citizens. Furthermore, ACI EUROPE would welcome clarification as to whether a US carrier controlled by non‑US citizens could choose not to participate In the CRAF programme.

By: ACI Europe, John Hume

http://www.aci-europe.org/

Index


Shuttle America Corporation / Republic Airlines, Inc.

OST-2005-23354 - Shuttle America - Form 41 Motion
OST-2005-23355 - Republic Airlines - Form 41 Motion

December 30, 2005

Response of Frontier Airlines to Shuttle America's and Republic Airlines' Motions to Withhold Certain Information from Public Disclosure

Shuttle America and Republic Airlines filed motions to withhold from public disclosure certain information contained in their Form 41 reports. Shuttle and Republic assert that public disclosure of such information would likely cause them substantial competitive harm. Shuttle and Republic contend that the competitive harm that will result from public disclosure of their financial information is "unique" to them because Shuttle operates only a single type of aircraft for two unaffiliated mainline partners and Republic operates only a single aircraft type for only one unaffiliated mainline partner.

Shuttle's and Republic's requests for non‑disclosure to the public of certain information are overly broad and raise significant issues that should be considered more fully and carefully.

Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wrf.com

BTS-2004-19380 - Request for Public Comments on 14 CFR Part 241 Reporting Requirements
OST-2005-20112 - Notice of Regulatory Review

http://www.shuttleamerica.com/
http://www.republicairways.com/

Index


US-Ukraine Frequencies

OST-2005-22450 - Delta Air Lines - Frequency Allocation - New York-Kiev
OST-2005-22195 - United Air Lines - US-Ukraine Third-Country Codeshare Frequency Allocation

Janury 3, 2006

Response of United Air Lines and Motion for Leave to File

Since Delta has now admitted that it has no immediate need for more than six frequencies, it should be granted no more than the 2.5 frequencies it needs to make up that total. United can use the remaining 1.5 frequencies to operate an additional one-way eastbound code-share service via Munich on six days per week. As United has pointed out previously, these services would improve connections for United's passengers via Munich in several major U.S.-Ukraine markets.

The Department cannot lawfully make final its decision to award all 4 available frequencies to Delta absent any detailed evidence of how Delta will use them. Even from the existing record, however, it is apparent that Delta would waste 1.5 frequencies with some form of duplicative code-share service. While Delta has criticized United for seeking additional frequencies to operate what it describes as a "duplicative third-country code-share proposal", its own proposal (to the extent that it can be determined from the inadequate record) would result in "duplicative" codeshare services at least three days per week, United has at least explained how it would use the additional frequencies to improve connections for its passengers via Munich from certain U.S. gateways and is willing to submit schedules illustrating these improvements should the Department so require.

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.mnaley@wilmerhale.com

Index


Virgin America, Inc.

OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger


January 3, 2006

Confidentiality Affidavit for American Airlines - R. Bruce Wark

Counsel: American


Business and Civic Support Letters

Individual Support Letters

http://www.virginamerica.com/

Index



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