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OST Docket Filings for February 8, 2006
Updated:
| Applications and Renewals:
FWIA - US-Mexico All-Cargo Dormancy Waiver IATA - TC3 South East Asia - South West Pacific between Malaysia and American Samoa Volga-Dnepr - Denver-Cape Canaveral - Emergency Exemption Answers and Replies: Aerolineas Argentinas - 107th Escrow Deposit Report EAS at Bradford, PA - Meeting with Airport and EAS Division EAS at Manhattan, KS - City of Manhattan in Hesitant Support for Proposals of Air Midwest Ryan International d/b/a Sunship 1 Airlines - Polling Results (Milwaukee-Cancun Temporary Dormancy Waiver) Small Community Airlines - Re: Information Request / Family Assistance Plan Star Alliance - Motion of American to Require Submission of Additional Documents and Data Virgin Nigeria - Withdrawal of Objection by American Airlines Notices of Action Taken: ABSA - Brazil-US Scheduled/Charter All-Cargo Renewal Air Turks & Caicos - Turks & Caicos Islands-Puerto Rico/US Virgin Islands/Miami/Tampa Renewal DENIM - Mexico-US Charter Renewal Esperanza - Mexico-US Charter Renewal Mexicana - Mexico City-Miami-Beyond; Leon/Morelia/Cancun/San Jose del Cabo-Sacramento, San Jose del Cabo-Las Vegas; San Jose del Cabo/Cancun-Oakland; and Guadalajara-Charlotte Renewals Notices and Orders: Air Optima - Consent Order EAS at Healy Lake, AK - Requesting Proposals Gazpromavia Aviation - Granting Exemption and to Show Cause |
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Aero Peninsule Ltee d/b/a Air Optima Issued and Served February 8, 2006 We find that Aéro Péninsule Ltée d/b/a Air Optima violated 49 U.S.C. § 41301 by holding out and operating air service between Canada and the United States without economic authority from the Department. We assess Aéro Péninsule Ltée d/b/a Air Optima a compromise civil penalty of $17,500 (US) in lieu of civil penalties that might otherwise be assessed for the violations found in paragraphs 2 and 3, above. Of this amount, $2,188 shall be due and payable on March 10, 2006, and August 10, 2006, respectively, and $2187 shall be due and payable on February 10, 2007, and July 10, 2007, respectively. The remaining $8,750 shall be suspended for 18 months after the service date of this order, and then forgiven unless Aéro Péninsule Ltée d/b/a Air Optima violates this order’s cease and desist or payment provisions, in which case the entire unpaid amount shall become due and payable immediately and Aéro Péninsule Ltée d/b/a Air Optima may be subject to additional enforcement action. By: Rosalind Knapp OST-2003-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act February 7, 2006 Re: One-Hundred-Seventh Escrow Deposit Report Attached please find the ONE-HUNDRED-SEVENTH Escrow Deposit REPORT for the week ended February 5, 2006. Aerolineas made a deposit into the escrow of US$24,735.66, plus interest for the month of January of U.S. $6,169.49 for a total escrow amount of U.S. $2,972,314.50. Counsel: Rosen Weinhaus, John Romans, 212-530-4827 OST-1996-1372 - Brazil-US Scheduled/Charter All-Cargo Filed December 5, 2005 and January 6, 2006 | Issued February 8, 2006 Renewal of exemption from 49 USC § 41301 to permit the applicant to conduct: 1) scheduled foreign air transportation of property and mail between any point or points in Brazil, via intermediate points, and the U.S. coterminal points New York, New York; Atlanta, Georgia; Miami, Florida; Orlando, Florida; Detroit, Michigan; Houston, Texas; Chicago, Illinois; Los Angeles, California; Baltimore, Maryland/Washington, D.C.; Boston, Massachusetts; San Francisco, California; and San Juan, Puerto Rico; and 2) charter foreign air transportation of property and mail, between any point or points in Brazil and any point or points in the United States, and other charters in accordance with 14 CFR Part 212. Amend the existing exemption from USC § 41301 to permit the applicant to conduct scheduled foreign air transportation of property and mail from a point or points in Brazil, via intermediate points, to Miami, Florida, and Frankfurt, Germany. By: Paul Gretch Aeronautica La Esperanza, S.A. de C.V. OST-2004-17761 - Mexico-US Charter Air Transportation Filed January 19, 2006 | Issued February 8, 2006 Renewal of exemption from 49 U.S.C. § 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests stopover privileges and relief from the Department's requirement to provide prior notice of each flight, or series of flights, between Mexico and the United States. By: Paul Gretch Air Turks & Caicos (2003) Ltd. d/b/a Air Turks & Caicos OST-2004-19171 - Exemption - Turks & Caicos-US Filed January 6, 2006 | Issued February 8, 2006 Renew exemption authority from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between the Turks & Caicos Islands, on the one hand, and Puerto Rico, the U.S. Virgin Islands and Miami and Tampa, Florida on the other hand, via intermediate points. Air Turks & Caicos proposes to conduct these services using wet leased aircraft. By: Paul Gretch Compania Mexicana de Aviacion, S.A. de C.V. OST-2001-11028 - Exemption - Mexico City-Miami-Beyond Filed December 27, 2005 | Issued February 8, 2006 Renewal of exemption from 49 USC § 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail between: 1) Mexico City, Mexico, and Miami, Florida, and beyond; 2) the four Mexican coterminal points Leon, Morelia, Cancun, and San Jose del Cabo, on the one hand, and Sacramento, California, on the other hand; 3) San Jose del Cabo, Mexico, and Las Vegas, Nevada; 4) the two Mexican coterminal points San Jose del Cabo and Cancun, on the one hand, and Oakland, California, on the other hand; and 5) Guadalajara, Mexico, and Charlotte, North Carolina. By: Paul Gretch Essential Air Service at Bradford, Pennsylvania February 6, 2006 Re: Meeting with Bradford Regional Airport Officials and EAS Division As we discussed, the decision regarding Bradford’s future carrier and destination is critical to our airport and the surrounding region and will play a major role in determining the airport’s success into the future. Quality air service coupled with competitive air fares, and service to a hub with both domestic and international connections as provided by Colgan’s Dulles Option will position the Bradford Regional Airport to increase its enplanements and support economic development in our region. By: Bradford Regional Airport, Thomas Frungillo Essential Air Service at Healy Lake, Alaska Issued and Served February 8, 2006 Order Requesting Proposals | Word As the end of the current rate term approaches, we are here requesting proposals from carriers interested in providing service at Healy Lake with or without subsidy, for the two-year period beginning June 1, 2006. With specific respect to Healy Lake, we expect proposals consisting of service, at a minimum, with small aircraft (e.g., Cessna 206 or 207) and offering two nonstop round trips each week to Fairbanks or any other suitable hub. Further, flights meeting essential air service guidelines at Alaskan communities must provide sufficient capacity to accommodate both cargo and passenger demand. Such service is generally consistent with what the community currently receives, and fully satisfies its essential air service requirements. We encourage proposals that meet those requirements in an efficient manner. Carriers are also welcome to propose more than one service option, if they choose; they need not limit themselves to those requirements if they envision other, potentially more attractive service possibilities -- different hubs, for example -- with subsidy requirements that remain competitive. By: Todd Homan Essential Air Service at Manhattan, Kansas January 18, 2006 Comments of City of Manhattan in Hesitant Support of Air Midwest Proposals The City is concerned that the options that appear viable based upon your letter dated December 22, 2005 do not meet existing air service needs and certainly do not meet the growth in need occurring at the present time associated with a rapidly expanding Fort Riley. The City believes that we need a minimum of four daily flights at the present time and service split apart from Salina. This scenario would maximize the number of seats available for our region. Unfortunately, this option was not presented. Therefore, the City would first be supportive of Option 2 submitted by Air Midwest, which would increase the current air service by one daily flight each Monday, Wednesday and Friday. Secondly, the City would support Option 3 submitted by Air Midwest, which would split the Manhattan air service from Salina air service. As we have previously indicated to you, there appears to be continuing customer service issues with Air Midwest that are concerning to the City. In light of this, the City would strongly encourage the Department of Transportation to institute performance standards in the Essential Air Service agreements. Such performance standards should provide for acceptable levels of customer service and also provide for a range of acceptable fares. The airline presently receives a subsidy whether or not there are any passengers. Without any incentive for the airline to encourage enplanements, fares can escalate to a point that it is unaffordable to fly. Greater control over these factors will ensure better accountability for the significant federal tax dollars involved with this program. By: Mayor, Ed Klimek
Florida West International Airways, Inc. OST-2005-22151 - Exemption and Designation - US-Mexico All-Cargo February 8, 2006 Application for Waiver of Dormancy Condition Florida West International Airways, Inc. hereby requests a waiver of the ninety-day dormancy condition attached to the Department of Transportation's award of certain limited U.S.-Mexico scheduled authority to FWIA by Notice dated December 12, 2005, until such time as the Department decides the deferred portions of FWIA's August 15, 2005, exemption application pending in this docket. FWIA's U.S.-Mexico route proposal is an integrated whole with many of its proposed U.S.-Guadalajara flights also serving another destination in Mexico. Beyond the issue of actual aircraft routings, FWIA's business plan also assumed FWIA would attract shippers by having the authority to sell multiple Mexican destinations. For these reasons, although FWIA appreciates the Department's award to it of an exemption to serve Chicago/Houston-Guadalajara, FWIA cannot feasibly begin operations only on these routes without also instituting its other proposed services to Mexico City and Guadalajara. Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com Gazpromavia Aviation Company Ltd. Order 2006-2-7 Issued and Served February 8, 2006 Order Granting Exemption and to Show Cause On August 23, 2005, the Department issued a Notice, in Docket OST-2005-22228, announcing several steps designed to streamline our regulatory procedures for licensing U.S. and foreign air carriers. We have decided, under assigned authority and consistent with our August 23, 2005 Notice referenced above, to grant the applicant’s request for exemption authority, subject to conditions, and tentatively to grant, subject to show-cause procedures, its request for a foreign air carrier permit, also subject to conditions. With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. By: Paul Gretch International Air Transport Association February 1, 2006 Application for Approval of Agreements TC3 South East Asia - South West Pacific between Malaysia and American Samoa Singapore, 21 November - 30 November 2005 Intended Effective Date: 1 April 2006 (Memo 0924) Minutes: TC3 South East Asia - South West Pacific between Malaysia and American Samoa Singapore, 21 November - 30 November 2005 (Memo 0943) Fares: TC3 South East Asia - South West Pacific between Malaysia and American Samoa Singapore, 21 November - 30 November 2005 Specified fare tables Intended Effective Date: 1 April 2006 (Memo 0383). Counsel: IATA, Douglas Lavin Ryan International Airlines, Inc. d/b/a Sunship 1 Airlines OST-2004-19887 - Exemption - Milawaukee-Cancun February 8, 2006 I have polled the representatives of all carriers served in this proceeding. There are no objections to Ryan Airlines International, Inc.'s Motion for Temporary Dormancy Waiver filed on February 7, 2006. Counsel: Wiley Rein, Meg Crawford, 202-719-4144, mcrawford@wrf.com Servicios Aereos Denim, S.A. de C.V. OST-2000-7698 - Mexico-US Charter Air Transportation Filed January 9, 2006 | Issued February 8, 2006 Renewal of exemption from 49 U.S.C. § 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests stopover privileges and relief from the Department's requirement to provide prior notice of each flight, or series of flights, between Mexico and the United States. By: Paul Gretch
OST-2005-21822 - Part 121 Commuter Air Carrier - Scheduled Service - Dallas Love Field-Lake Charles, LA January 31, 2006 Re: Information Request - Bookmarked Small Community Airlines is a commuter airline committed to providing quick, reliable and cost effective transportation between communities where little or no air service currently exists. Small Community Airlines stands poised to help smaller communities enhance their airline service outlined by the public/private partnership concept initiated by the DOT. Small Community Airlines is only interested in P/PP with revenue guarantees and other incentives. We will provide air service to the small communities at a time when three of the six major air carriers are in bankruptcy and exiting the small markets. Small communities at risk of more air service cuts despite Congress's promise to maintain service to the small communities. There is widespread support in Congress in saving air service to the smaller communities. By: SCA, Kenneth Gardner
OST-1996-1960 - Family Assistance Plan January 31, 2006 By: SCA, Kenneth Gardner 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 8, 2006 Motion of American Airlines to Require Submission of Additional Documents and Data - Bookmarked American Airlines, Inc. hereby moves the Department to require that the Joint Applicants submit additional documents and data before the Department deems the application complete and establishes a procedural schedule. Star's initial production raises questions about the proposed alliance similar to those raised in the recent SkyTeam antitrust immunity docket (OST-2004-19214). Given the decisional standard applied to SkyTeam in Order 2005-12-12, Star should be required to provide additional information demonstrating that the expanded alliance is in the public interest and does not substantially reduce or eliminate competition. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com Virgin Nigeria Airways Limited OST-2005-23461 - Foreign Air Carrier Permit - Nigeria-US Scheduled Passenger February 8, 2006 Withdrawal of Objection by American Airlines American Airlines, Inc. hereby withdraws the objection we submitted on January 6, 2006 in the captioned dockets. Our objection was based on the lack of approval by the Government of Nigeria of a proposed codeshare arrangement between American and British Airways to serve the United States-Nigeria market via London (AA* on BA-operated flights on London-Nigeria segments). On February 7, 2006, we received written confirmation that the Government of Nigeria approved the American/British Airways codeshare arrangement on January 23, 2006 in accordance with the U.S.-Nigeria open skies agreement. In these circumstances, we withdraw our objection to the Virgin Nigeria applications. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com Volga-Dnepr J.S. Cargo Airline OST-2006-23891 - Emergency Exemption - Denver-Cape Canaveral February 7, 2006 Application for an Emergency Exemption Permit Volga-Dnepr to operate two one-way all-cargo charter flights utilizing Volga-Dnepr's AN-124- 100 aircraft to transport outsized cargo from Denver, Colorado, to Cape Canaveral on or around February 13-21, 2006. The outsized cargo payload to be transported by Volga-Dnepr from Denver to Cape Canaveral on or around February 13, 2006 will consist of one LMSS AVB008 Atlas V Booster measuring 119' long, 18' wide, and 14' high with a weight of approximately 89,000 pounds. Counsel: The Wicks Group, Glenn Wicks, 202-457-7790 |
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