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OST Docket Filings for February 2, 2006

Updated: 2/3/06 | 8:30 AM

Applications and Renewals:

IATA - TC3 Japan, Korea - South West Pacific except between Korea (Rep. of) and American Samoa / TC3 Japan, Korea - South West Pacific between Korea and American Samoa / TC3 Within South West Pacific except between French Polynesia and American Samoa / TC3 Within South West Pacific between French Polynesia and American Samoa / TC3 Areawide Singapore

US Airways - Philadelphia-Grenada Renewal and Amendment

Answers and Replies:

DCA Slot Exemptions - Responses of ACAA to Motion of Amerrica West to Dismiss

EAS at Port Alexander, AK - Request for Civic Comments

MNG Airlines - Designation of Agent

The Austrian Group/bmi/Lufthansa/LOT/Scandinavian Airlines System/Swiss International/TAP/United - Confidentiality Affidavit for Continental

Virgin America - Support of CitiBank / City of Foster City, CA / Electronic Arts / Peninsula Policy Partnership / San Francisco Chamber of Commerce / SAMCEDA / Tampa Tank, Inc. / Town of Colma, CA / Wentz Group

Vision Air - Information Request

Notices of Action Taken:

JetPort - Canada-US Charter Renewal

Notices and Orders:

Charter Rules for Foreign Direct Air Carriers - Amending Charter Regulations and Requiring Updated Reciprocity Statements and Operational Data - Adds Definitions for Sixth and Seventh-Freedom




Aviation Ventures, Inc. d/b/a Vision Air

OST-2004-19518 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger

February 1, 2006

Re: Information Request

Please provide a detailed pre-operating expense forecast for the proposed operations. This forecast should include, among other things, lease deposits and rents, legal expenses, station expenses, facility deposits and rents, training, insurance, general, administrative, and employee expenses, and expenses related to FAA certification. Additionally, such list should distinguish between pre-operating expenses that have been paid, and those which remain to be paid.

Does Vision intend to lease or buy the Domier-328's it intend to operate in scheduled service? If Vision intends to lease these aircraft, provide copies of the lease agreements.

By: Air Carrier Fitness, Damon Walker

Index


Charter Rules for Foreign Direct Air Carriers

OST-2002-11741

Filed at Federal Register February 2, 2006

Final Rule - Bookmarked | As Published in the Federal Register February 3, 2006

The Department is amending its charter regulations by adding definitions of sixth- and seventh-freedom charters to the definitions section of 14 CFR Part 212, and by requiring foreign air carrier applicants for charter authority to provide updated reciprocity statements and operational data relative to its homeland-U.S. services.

On January 21, 2005, the Department of Transportation issued a Notice of Proposed Rulemaking which proposed to (1) clarify the definition of "fifth freedom charter" by adding definitions of "sixth- and seventh-freedom charters" in § 212.2; (2) modify OST Form 4540 (Foreign Air Carrier Application for Statement of Authorization) by requiring updated reciprocity statements by foreign air carriers seeking a statement of authorization under Part 212; and (3) require foreign air carrier applicants for a statement of authorization under Part 212 to include historical data relative to the applicant's U.S-home country operations.

The proposed definitional amendments to Part 212 would clarify that sixth-freedom charter means a charter flight carrying traffic that originates and terminates in a country other than the country of the foreign air carrier's home country, provided the flight operates via the home country of the foreign air carrier; and that seventh-freedom charter means a charter flight carrying traffic that originates and terminates in a country other than the foreign air carrier's home country, where the flight does not have a prior, intermediate, or subsequent stop in the foreign air carrier's home country.

The proposed revision of OST Form 4540 would require that at the time of application for fifth-freedom charter authorization, the applicant foreign air carrier must present certification from its homeland government (or cite certification previously submitted to the Department that is dated within the previous 90-day period), that indicates that the carrier's homeland grants to U.S. carriers a privilege similar to that requested by the applicant. The revision would also require applicant carriers to indicate on the application the number of third- and fourth-freedom flights the carrier has operated in the previous twelve-month period.

By: Michael Reynolds

Index


Essential Air Service at Port Alexander, Alaska

OST-1999-6244

February 1, 2006

Re: Request for Comments from Mayor of Port Alexander

Harris Air proposes to continue to provide service between Port Alexander and Sitka, with 3-seat Cessna 185 aircraft.  However, the carrier proposes the following three service options for consideration:

  • Option 1 – two nonstop round trips a week at an annual subsidy rate of $48,746;
  • Option 2 – two nonstop round trips a week mid-September through mid-May, and three nonstop round trips a week mid-May through mid-September, at an annual subsidy rate of $59,525; and
  • Option 3 – two nonstop round trips a week September through May, and five nonstop round trips a week June through August, at an annual subsidy rate of $70,970.

My purpose in writing to you at this time is to request any final comments you might have on the carrier’s subsidy proposal before we submit a recommendation to the Assistant Secretary on the carrier selection issue.

By: Office of Aviation Analysis, Dennis DeVany

http://www.portalexander.com/

Index


International Air Transport Association


OST-2006-23826

February 2, 2006

Application for Approval of Agreements

TC3 Japan, Korea - South West Pacific except between Korea (Rep. of) and American Samoa Singapore, 21 November - 30 November 2005 Intended Effective Date: 1 April 2006 (Memo 0925) Minutes: TC3 Japan, Korea - South West Pacific except between Korea (Rep. of) and American Samoa Singapore, 21 November - 30 November 2005 (Memo 0943) Fares: TC3 Japan, Korea - South West Pacific except between Korea (Rep. of) and American Samoa Singapore, 21 November - 30 November 2005 Specified fare tables Intended Effective Date: 1 April 2006 (Memo 0385).

Counsel: IATA, Douglas Lavin


OST-2006-23827

February 2, 2006

Application for Approval of Agreements

TC3 Japan, Korea - South West Pacific between Korea and American Samoa Singapore, 21 November - 30 November 2005 Intended Effective Date: 1 April 2006 (Memo 0926) Minutes: TC3 Japan, Korea - South West Pacific between Korea and American Samoa Singapore, 21 November - 30 November 2005 (Memo 0943) Fares: TC3 Japan, Korea - South West Pacific between Korea and American Samoa Singapore, 21 November - 30 November 2005 Specified fare tables Intended Effective Date: 1 April 2006 (Memo 0385).

Counsel: IATA, Douglas Lavin


OST-2006-23828

February 2, 2006

Application for Approval of Agreements

TC3 Within South West Pacific except between French Polynesia and American Samoa Singapore, 21 November - 30 November 2005 Intended Effective Date: 1 April 2006 (Memo 0927) Minutes: TC3 Within South West Pacific except between French Polynesia and American Samoa Singapore, 21 November - 30 November 2005 (Memo 0943) Fares: TC3 Within South West Pacific except between French Polynesia and American Samoa Intended effective date: 1 April 2006.

Counsel: IATA, Douglas Lavin


OST-2006-23829

February 2, 2006

Application for Approval of Agreements

TC3 Within South West Pacific between French Polynesia and American Samoa Singapore, 21 November - 30 November 2005 Intended Effective Date: 1 April 2006 (Memo 0928) Minutes: TC3 Within South West Pacific between French Polynesia and American Samoa Singapore, 21 November - 30 November 2005 (Memo 0943) Fares: TC3 Within South West Pacific between French Polynesia and American Samoa Singapore, 21 November - 30 November 2005 (Memo 0378) Intended effective date: 1 April 2006.

Counsel: IATA, Douglas Lavin


OST-2006-23830

February 2, 2006

Application for Approval of Agreements

TC3 Areawide Singapore, 21 November - 30 November 2005 Intended Effective Date: 1 April 2006 (Memo 0929) Minutes: TC3 Areawide Singapore, 21 November - 30 November 2005 (Memo 0943) Technical Correction: TC3 Areawide Singapore, 21 November - 30 November 2005 Intended Effective Date: 1 April 2006 (Memo 0940).

Counsel: IATA, Douglas Lavin

http://www.iata.org/

Index


Jetport, Inc.

OST-2001-10006 - Exemption - Canada-US Charter Passenger

Filed November 22, 2005 | Issued February 1, 2006

Notice of Action Taken

Renewal of exemption from 49 USC § 41301 to permit the applicant to conduct, using small equipment, passenger and cargo charter operations between: 1) Canada and the United States; 2) third countries and the United States, via Canada, that make a stopover in Canada for at least two consecutive nights; and 3) other charters to/from the United States in accordance with 14 CFR Part 212.

By: Paul Gretch

http://www.jetport.com

Index


MNG Airlines, Inc.

OST-2002-12556 - Designation of Agent

February 1, 2006

Designation of Agent

Counsel: Greenberg Traurig, Joanne Young

http://www.mngaircargo.com/

Index


Ronald Reagan Washington National Airport Slot Exemptions


OST-2000-7181

February 2, 2006

Response of the Air Carrier Association of America to Motion of America West d/b/a US Airways to Dismiss - Bookmarked

The facts of this matter are simple. America West is no longer a "limited incumbent" at DCA. Rather, it is the largest DCA slot holder. As a result, there is no longer a statutory basis for America West/US Airways to hold outside the perimeter exemption slots. AIR-21 and Vision 100 were not designed to allow the nation's largest DCA slot holder to extend that control. Instead, those provisions were established to promote competition and entry. Allowing the dominant DCA carrier to hold additional slots is contrary to the principles of competition and entry. By withdrawing the beyond-perimeter slots from America West and allocating them to smaller carriers, the Department will "place maximum reliance on competitive market forces," encourage and maintain "an air transportation system relying on actual and potential competition," and promote "entry." With DCA closed to competition growth, the Department must take every possible opportunity to improve competitive conditions at DCA. Now is such an opportunity. The Department has clear authority to take these steps. It is time to strengthen our competitive system. Thus, the new America West/US Airways airline should not have any right to these slots.

ACAA requests that the Department immediately withdraw the eight beyond-perimeter slot exemptions which were awarded to America West Airlines under AIR-21 and Vision 100 and reallocate them to a qualified limited incumbent carrier at DCA. If other carriers are going to utilize these slots by the summer of 2006, it is essential that the Department act quickly to reallocate them. Therefore, America West should provide eight within-perimeter slots to the Department for allocation to qualified limited incumbent carriers at DCA.

Counsel: ACAA, Edward Faberman, 202-719-7420, epfaberman@acaa1.com

Slot Holders and Operators as of 1/14/06

Washington Reagan National Airport


OST-2005-23106 - Petition of Air Carrier Association of America to Withdraw and Reallocate America West and US Airways Slots

February 2, 2006

Response of the Air Carrier Association of America to Motion of America West d/b/a US Airways to Dismiss - Bookmarked

The facts of this matter are simple. America West is no longer a "limited incumbent" at DCA. Rather, it is the largest DCA slot holder. As a result, there is no longer a statutory basis for America West/US Airways to hold outside the perimeter exemption slots. AIR-21 and Vision 100 were not designed to allow the nation's largest DCA slot holder to extend that control. Instead, those provisions were established to promote competition and entry. Allowing the dominant DCA carrier to hold additional slots is contrary to the principles of competition and entry. By withdrawing the beyond-perimeter slots from America West and allocating them to smaller carriers, the Department will "place maximum reliance on competitive market forces," encourage and maintain "an air transportation system relying on actual and potential competition," and promote "entry." With DCA closed to competition growth, the Department must take every possible opportunity to improve competitive conditions at DCA. Now is such an opportunity. The Department has clear authority to take these steps. It is time to strengthen our competitive system. Thus, the new America West/US Airways airline should not have any right to these slots.

ACAA requests that the Department immediately withdraw the eight beyond-perimeter slot exemptions which were awarded to America West Airlines under AIR-21 and Vision 100 and reallocate them to a qualified limited incumbent carrier at DCA. If other carriers are going to utilize these slots by the summer of 2006, it is essential that the Department act quickly to reallocate them. Therefore, America West should provide eight within-perimeter slots to the Department for allocation to qualified limited incumbent carriers at DCA.

Counsel: ACAA, Edward Faberman, 202-719-7420, epfaberman@acaa1.com

Slot Holders and Operators as of 1/14/06

Washington Reagan National Airport

Index


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

February 2, 2006

Confidentiality Affidavit for Continental Airlines - Lorraine Halloway

Counsel: Continental

Index


US Airways, Inc.

OST-2001-10588 - Philadelphia-Grenada

February 2, 2006

Application for Renewal and Amendment of an Exemption

US Airways applies for renewal of its current exemption authority to engage in scheduled foreign air transportation of persons, property and mail between Philadelphia and Grenada. In addition, US Airways asks that the Department amend this exemption in order to permit US Airways to serve Grenada from all points within the United States.

Although US Airways does not currently provide scheduled air service between the United States and Grenada, it has previously provided this service from its hub in Philadelphia. Amendment of US Airways authority to allow service from all points in the United States to Grenada will provide US Airways with the greatest flexibility to resume air service from any of its hubs and/or focus cities if future market conditions should warrant.

Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com

http://www.usairways.com/

Index


Virgin America, Inc.

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


December 16, 2005

Comments of CitiBank

The purpose of this correspondence is to request that Virgin America be granted this certificate using simplified procedures so that it may commence service as early as possible in 2006.

By: Lora Bermani


December 16, 2006

Comments of City of Foster City, California

I am writing on behalf of the City of Foster City to strongly urge swift approval of Virgin America’s certification to offer interstate air service. Virgin America is a new U.S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307.

By: Mayor, Linda Koelling


December 19, 2005

Comments of Electronic Arts, Inc.

I am writing on behalf of Electronic Arts Inc. to strongly urge swift approval of Virgin America’s certification to offer interstate air service. Virgin America is a new U.S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307.

By: EA, Curtis Wilhelm


December 16, 2006

Comments of the Peninsula Policy Partnership

I am writing on behalf of the Peninsula Policy Partnership, a public-private collaborative representing local government, labor, education, transportation, environmental and business leaders, to strongly urge swift approval of Virgin America's certification to offer interstate air service. Virgin America is a new U.S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307.

By: PPP, Deberah Bringelson


December 15, 2005

Comments of the San Francisco Chamber of Commerce

The purpose of this correspondence is to request that Virgin America be granted this certificate using simplified procedures so that it may commence service as early as possible in 2006.

By: SFCC, Steven Falk


December 16, 2006

Comments of SAMCEDA

I am writing on behalf of SAMCEDA, the voice of business on the San Mateo Peninsula, to strongly urge swift approval of Virgin America's certification to offer interstate air service. Virgin America is a new U. S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307.

By: SAMCEDA, Deberah Bringelson


January 19, 2006

Comments of Tampa Tank, Inc.

The purpose of this letter is to support the application of Virgin America for a Certificate of Public Convenience and Necessity and requested authorization from the Department of Transportation to engage in scheduled interstate air transportation. My company and I frequently use air transportation for business purposes. The use of and existence of so-called “low cost airlines” is of significant assistance in the control of transportation costs, keeping our company competitive in the world market. I believe it is clear that many of the existing U.S. carriers have been unsuccessful in the marketplace due to a poorly executed business plan. Shielding them from competition is not fair to the consumer. If they cannot get their house in order, they should be allowed to fail. U.S. commercial aviation needs fair competition to remain healthy. We believe that Virgin America will provide that competition.

The City of Tampa has open gates at our terminal due to the failure of some airlines and the fact that the major carriers are cutting back service. Virgin America’s growth into the market should help fill those gates.

By: Tampa Tank, Calvin Reed


December 16, 2005

Comments of Town of Colma, California

I am writing on behalf of the Town of Colma to strongly urge swift approval of Virgin America's certification to offer interstate air service. Virgin America is a new U.S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307.

By: Mayor, Helen Fisicaro


December 16, 2005

Comments of the Wentz Group

I am writing on behalf of the Wentz Group Corporation to strongly urge swift approval of Virgin America's certification to offer interstate air service. Virgin America is a new U.S. owned and operated start up airline based in San Mateo County and its docket number is OST-2005-23307.

By: Bradley Wentz

Index



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