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OST Docket Filings for January 11, 2006
Updated:
| Applications and Renewals:
Air Marshall Islands - Marshall Islands-Hawaii Renewal IATA - Approvals of Agreements SkyWest - Statement of Authorization - Codeshare with bmi TAM - Brazil-US Renewal Answers and Replies: AeroSvit Airlines - Designation of Agent Boston-Maine - Information Response Comlux Aviation - Information Response EAS at Palmdale/Lancaster, CA - City of Palmdale's Response to Scenic Airlines' Supplement FlyGlobespan - Joint Answer of American and United (UK-US) Gazpromavia Aviation - Designation of Agent NPRM on Actual Control - Comments of ACAA, Association of European Airlines and IAM Russian sky Airlines - Designation of Agent SkyTeam Antitrust - Joint Applicants' Response to Show Cause Order The Austrian Group / British Midland Airways Limited / Lufthansa / Polskie Linie Lotnicze LOT S.A. / Scandinavian Airlines System / Swiss International Air Lines/ TAP Air Portugal / United - Confidentiality Affidavit for Continental Virgin America - Motion of Virgin America to Enforce Order 2005-12-13 Volga-Dnepr - Designation of Agent Notices of Action Taken: None Notices and Orders: EAS at Alitak, AK - Extending Service Obligation EAS at Clarksburg/Fairmont, Morgantown and Parkersburg, WV - Extending Service Obligation |
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OST-2002-12556 - Designation of Agent January 11, 2006 Counsel: The Wicks Group, Glenn Wicks OST-1996-1320 - Exemption - Marshall Islands-Hawaii Scheduled and Charter Passenger January 10, 2006 Application for Renewal of Exemption Hereby applies for renewal of the exemption from 49 U.S.C. 41301, granted to it by Notice of Action Taken dated January 10, 2005, to conduct scheduled foreign air transportation of persons, property and mail between Majuro and Kwajalein, Marshall Islands, and Honolulu, Hawaii, and foreign charter air transportation between the Marshall Islands and any point in the United States. AMI is an IATA member air carrier, operating domestic flights since 1980 and international flights since 1984 to the island nations in the Pacific. It currently operates numerous schedules weekly in its mid-Pacific markets. AMI currently operates a fleet of Dornier 228-212 and DHC 8-102 aircraft. Counsel: Lawrence Wasko, 202-862-4370 OST-2000-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations January 10, 2006 Re: Information Response as Requested by the DOT Boston-Maine Airways Corporation herewith submits the original signed copies of the following documents, as requested in the Department's December 5, 2005 letter to Mr. David A. Fink, the president of BMAC:
Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com OST-2005-21841 - Foreign Air Carrier Permit - Switzerland-US Executive Charters January 10, 2006 Re: Information Response as Requested by the DOT In response to the Department's request, Comlux Aviation AG hereby updates the referenced docket with information regarding recent ownership/control and corporate changes pertaining to Comlux. In addition, Comlux is submitting an updated Air Operator Certificate issued by the Swiss Federal Office for Civil Aviation. Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com 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 / Statements of Authorization (Blanket Codesharing) January 11, 2006 Joint Applicants' Response to Show Cause Order 2005-12-12 and Motion to Dismiss The Joint Applicants are extremely disappointed with the Department's tentative decision in Show Cause Order 2005-12-12 to deny antitrust immunity. The Department reached the wrong decision for the wrong reasons. However, in light of the fact that the Department remains open to reconsidering a grant of immunity to the Joint Applicants in the future, the Joint Applicants have decided at this time to withdraw their request for approval of and antitrust immunity for the Alliance Agreements. The Show Cause Order tentatively approved the unopposed blanket codeshare statements of authorization requested by the Joint Applicants under 14 C.F.R. Part 212, and found them to be in the public interest. The Joint Applicants agree with this aspect of the Show Cause Order and urge that it be made final immediately. Counsel: Delta - Hogan & Hartson, Robert Cohn, 202-637-4999 Essential Air Service at Alitak, Alaska Issued January 11, 2006 | Served January 17, 2006 Order Extending Service Obligation We require Redemption, Inc., d/b/a Island Air Service to maintain essential air service at Alitak, Alaska, consisting of three nonstop round trips a week to Kodiak for an additional 30-day period, through February 17, 2006, or until suitable replacement service actually begins, whichever occurs first. By: Todd Homan Essential Air Service at Clarksburg/Fairmont, Morgantown and Parkersburg, West Virginia Order 2006-1-7 Issued January 11, 2006 | Served January 17, 2006 Order Extending Service Obligation We require Air Midwest, Inc., to maintain essential air service between the communities and Pittsburgh for an additional 30-day period through February 17, 2006, or until RegionsAir actually inaugurates service, whichever occurs first, as follows: Clarksburg/Fairmont - three nonstop or one-stop round trips each weekday and weekend; Morgantown and Parkersburg - three nonstop round trips each weekday and weekend. By: Todd Homan
Essential Air Service at Palmdale/Lancaster, California January 9, 2006 City of Palmdale's Response to Supplement No. 1 to Ninety-Day Notice of Scenic Airlines The City of Palmdale does not object to Scenic Airlines, Inc. discontinuing its service to Palmdale Regional Airport effective January 14, 2006. Scenic's financial losses are in no way attributable to an alleged breach of any agreement by the City to subsidize Scenic's operations. The City entered into no agreement with Scenic to provide it continuing financial support or any other support. The City does object to a decision by the Department of Transportation being issued orally, and requests that all decisions be noticed in writing to the affected parties. Counsel: City of Palmdale, Wm. Matthew Ditzhazy, mditzhazy@cityofpalmdale.org
Gazpromavia Aviation Company Ltd. OST-2002-12556 - Designation of Agent January 11, 2006 Counsel: The Wicks Group, Glenn Wicks Globespan Airways Limited d/b/a FlyGlobespan OST-2006-23542 - Exemption - UK-US Scheduled Passenger January 11, 2006 Joint Answer of American Airlines and United Air Lines Hereby jointly answer in opposition to the captioned applications submitted on January 4, 2006 by Globespan Airways Limited d/b/a Flyglobespan for exemption and permit authority to serve between the United States and the United Kingdom (except London Heathrow and London Gatwick). Action on Flyglobespan's applications should be deferred until the Government of the United Kingdom ends the discriminatory fuel rationing scheme imposed by BAA plc at Heathrow Airport following the Buncefield oil depot fire on December 11, 2005. American and United do not dispute the temporary need for fuel rationing at Heathrow as a result of the Buncefield fire and the ensuing fuel shortage while pipeline repairs are made and alternative delivery methods are arranged. However, the action taken by BAA is blatantly discriminatory against American and United - the two U.S. carriers serving Heathrow in direct violation of Article 11, paragraph 1 of the United States-United Kingdom Air Transport Agreement (Bermuda 2). Under BAA's rationing scheme, so-called "base" carriers at Heathrow, including British Airways and Virgin Atlantic, are provided 82% of their fuel requirements for longhaul services, while so-called "visiting" carriers at Heathrow, including American and United, are provided only 70% of their fuel requirements for long-haul services. This disparity has required American and United to tanker in extra fuel to Heathrow on their transatlantic flights from the United States, resulting in additional fuel expenses of approximately $20,000 per day for American and approximately $15,000 per day for United. That is because each gallon of fuel tankered across the Atlantic by aircraft requires approximately one-third of a gallon in extra fuel burn. Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com International Air Transport Association
January 10, 2006 Application for Approval of Agreements TC31 Passenger Tariff Coordinating Conference Bangkok, 24 October-1 November 2005 TC31 North and Central Pacific Japan-North America, Caribbean Resolutions Intended Effective Date: 1 April 2006 (Memo 0346) Fares: TC31 Passenger Tariff Coordinating Conference Bangkok, 24 October-1 November 2005 TC31 North and Central Pacific Japan-North America, Caribbean Resolutions Intended Effective Date: 1 April 2006 (Memo 0167) Minutes: TC31/TC123 Passenger Tariff Coordinating Conference Bangkok, 24 October-1 November 2005 TC31 North and Central Pacific Minutes (Memo 0349) Technical Correction: TC31 North and Central Pacific Japan-North America, Caribbean Resolutions Bangkok, 24 October-1 November 2005 (Memo 0348 & Memo 0350) TC31 North and Central Pacific Japan-North America, Caribbean Resolutions Fares (Memo 0170) Intended Effective Date: 1 April 2006. Counsel: IATA, Douglas Lavin
January 10, 2006 Application for Approval of Agreements TC123 Passenger Tariff Coordinating Conference Bangkok, 24 October-1 November 2005 TC123 South Atlantic Resolutions (Memo 0322) Minutes: TC123 Passenger Tariff Coordinating Conference Bangkok, 24 October-1 November 2005 TC123 South Atlantic Resolutions (Memo 0323) Tables: TC123 Passenger Tariff Coordinating Conference Bangkok, 24 October-1 November 2005 TC123 South Atlantic Resolutions (Memo 0130) Intended effective date: 1 April 2006. Counsel: IATA, Douglas Lavin
January 10, 2006 Application for Approval of Agreements TC3 Within South Asian Subcontinent Singapore, 21 November - 30 November 2005 Intended Effective Date: 15 January 2006 (Memo 0906). Counsel: IATA, Douglas Lavin Notice of Proposed Rulemaking on Actual Control of US Carriers
January 10, 2006 Comments of The Air Carrier Association of America ACAA urges the Department to move forward with policies that will expand international relationships and ownership while providing all domestic carriers with the ability to increase domestic markets. The end result will provide true economic benefits and enable the US industry to continue to expand. Counsel: ACAA, Edward Faberman, 202-719-7420, efaberman@acaa1.com
January 5, 2006 Re: Comments of The Association of European Airlines The AEA believes it would be important to know whether a US air carrier in which foreign nationals participated under the new policy would be able to exercise traffic rights to third countries negotiated by the United States in its bilateral air services agreements. The AEA assumes that once an air carrier has been determined to be a US citizen, the US will treat that carrier as it would any other US carrier. It would be helpful if the final rule could include an explicit statement to that effect. By: AEA, Ulrich Schulte-Strathaus
January 9, 2006 Comments of The International Association of Machinists and Aerospace Workers (IAM) US air transport workers deserve meaningful efforts that restore and maintain their jobs in this industry. Effectively enabling foreign entities to control US carriers does not achieve this task. On the contrary, it could make matters worse for US air transport workers who have already sacrificed so much. This is unacceptable. In view of the aforementioned, the IAM urges the DOT to not implement these objectionable proposed rule modifications. By: IAM, Owen Hernstadt OST-2002-12556 - Designation of Agent January 11, 2006 Counsel: The Wicks Group, Glenn Wicks OST-2006-23627 - Statement of Authorization - Codeshare with bmi January 10, 2006 Application for a Statement of Authorization - Bookmarked SkyWest Airlines hereby applies for a statement of authorization pursuant to Part 212 of the Department's regulations to facilitate codeshare services offered by British Midland Airways Limited d/b/a bmi, which is a member of the Star Alliance and codeshare partner of United Air Lines, on United Express flights. SkyWest Airlines requests authorization to display bmi's two-letter designator code on flights operated by SkyWest Airlines as United Express and to and from the cities in the market list attached hereto as Exhibit A. SkyWest Airlines hereby notifies the Department that it will codeshare with bmi to the cities listed on Exhibit A beginning on or about January 1, 2006. SkyWest Airlines respectfully requests prompt approval of this application so that the marketing and sale of codeshare services by United and bmi can begin without delay. SkyWest Airlines requests that any statement of authorization approved by the Department be granted for an indefinite period. Counsel: SkyWest, Todd Emerson, 435-634-3530 OST-1997-2421 - Exemption - Brazil-US Scheduled Passenger January 10, 2006 Application for Renewal of Exemption Authority TAM-Linhas Aereas, S.A. hereby respectfully requests, pursuant to 49 U.S.C. § 40109 and 14 C.F.R. Part 377, renewal of an exemption from the provisions of 49 U.S.C. § 41301, to authorize TAM to continue to conduct scheduled foreign air transportation of persons, property and mail on a code share only basis to the following additional U.S. points: from DFW to Indianapolis, Phoenix, Portland (OR), Salt Lake City, San Jose and from Miami to Cleveland, Jacksonville and Las Vegas. Each of these U.S. points is on the list of Brazil selected cities in the U.S. that may be served by a Brazilian flag carrier on a code share only basis. This authority was initially granted by Notice of Action Taken, issued January 13, 2004 and set to expire on January 13, 2006. TAM seeks this authority for a two-year or longer period. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300 The Austrian Group / British Midland Airways Limited / Deutsche Lufthansa AG / Polskie Linie Lotnicze LOT S.A. / Scandinavian Airlines System / Swiss International Air Lines Ltd. / TAP Air Portugal / United Air Lines, Inc. OST-2005-22922 - Approval of and Antitrust Immunity for Alliance Expansion Agreements and an Amended Coordination Agreement January 11, 2006 Confidentiality Affidavit for Continental Airlines - Bruce Keiner Counsel: Continental OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger January 11, 2006 Motion of Virgin America to Enforce Order 2005-12-13 On January 5-6, 2006, three individuals filed confidentiality affidavits that do not comply with the Access Order because they do not state that the individual is acting as counsel or an outside, independent expert. Virgin America urges the Department to review, for compliance with the Access Order, all affidavits submitted by individuals seeking access to the Confidential Materials. It further moves the Department to immediately suspend the access of Mr. Edward Wytkind to the Confidential Materials." Mr. Wytkind is the President of the Transportation Trades Department, AFL-CIO, which formally opposed Virgin Americas application on December 21, 2005. His affidavit does not state that he is counsel for TTD, nor even that he is a lawyer; Virgin America understands he is not. Thus, he is not within the classes of individuals authorized by the Access Order, and longstanding Department practice, to review and use confidential materials in the context of a Department proceeding. The affidavits of United Airlines' Conor McAuliffe and Julie Oettinger also do not comply with the Access Order, as their affidavits do not state that they act as counsel for United Airlines. Mr. McAuliffc's affidavit does indicate that he is a member of the Illinois bar, and Virgin America understands that Ms. Oettinger also is licensed to practice law. Without conceding that these individuals are acting specifically as counsel to United in this proceeding, Virgin America does not oppose their continued access due to their status as attorneys and the other representations in their affidavits. Counsel: DLA Piper Rudnick, John Mietus, 202-861-6466, john.mietus@dlapiper.com Volga-Dnepr J.S. Cargo Airline OST-2002-12556 - Designation of Agent January 11, 2006 Counsel: The Wicks Group, Glenn Wicks |
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