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OST Docket Filings for February 24, 2006
Updated:
| Applications and Renewals:
America West - US-Sweden/Portugal Aviaxsa - Morelia-Chicago Renewal Centurion Air Cargo - Waiver of Dormancy Condition (US-Mexico All-Cargo) PRIVATAIR - Germany-US Executive Charters Renewal US Airways - US-Belize and US-Switzerland Renewals Answers and Replies: Avianca - Designation of Agent EAS at Clarksburg/Fairmont, Morgantown, and Parkersburg, WV - RegionsAir Schedule Confirmation EAS at Jackson, TN - Individual Objection to Terminating Subsidy Star Alliance - Joint Reply of Star Alliance Territory of Guam - Answers Continental/Continental Micronesia and United / Support of Businesses and Civil Authorities Virgin America - Confidentiality Affidavit for Delta Virgin Nigeria - Comments of Boeing Xtra Airways - Service Clarification Notices of Action Taken: IATA - Approvals of Agreements Notices and Orders: Capital Cargo and ATI - Granting Exemption DCA Slots - Establishment of Slot Exemption for Spirit Airlines |
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Aerovias del Continente Americano S.A. Avianca S.A. OST-2002-12556 - Designation of Agent December 21, 2005 Counsel: Zuckert Scoutt, Richard Mathias OST-2006-24060 - Exemption - US-Sweden/Portugal February 24, 2006 America West applies for (1) exemption authority to engage in scheduled foreign air transportation of persons, property, and mail from a point or points in the United States, via intermediate points, to a point or points in Sweden and beyond, and (2) exemption authority to engage in scheduled foreign air transportation of persons, property, and mail from a point or points in the United States, via intermediate points, to a point or points in Portugal and beyond, with services scheduled to begin in June 2006. America West also seeks route integration authority to combine these exemption authorities with America West's other authorities. America West plans initially to offer these services on a code-share basis with US Airways, Inc. Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com Capital Cargo International Airlines, Inc. and Air Transport International Limited Liability Company Order 2006-2-17 Issued and Served February 24, 2006 CCIA holds interstate scheduled all-cargo certificate authority, as well as foreign charter all-cargo certificate authority. The company also holds exemption authority to engage in foreign scheduled air transportation from Toledo, Ohio, on the one hand, and Saltillo, Guadalajara, and Monterrey, Mexico, on the other hand CCIA currently operates B-727 freighter aircraft on a charter basis to points in the Caribbean, Central America, and South America. ATI holds interstate scheduled certificate authority, as well as foreign scheduled all-cargo certificate authority to serve Austria, Belgium, Denmark, Germany, FinIand, France, Ireland (Shannon), Luxembourg, The Netherlands, Norway, Spain, Sweden, Switzerland, and the United Kingdom." ATI currently operates DC-8 aircraft on a scheduled basis to Europe and on a charter basis for the U.S. military and other commercial customers. No answers opposing the Joint Applicants' exemption request were filed. We have decided to grant the Joint Applicants' request for an exemption from the provisions of section 4120.5 until we have ruled on the de facto transfer request. The Joint Applicants correctly noted that our grant of exemptions in cases such as this is contingent upon the carriers involved, in this case CCIA and ATI, remaining separate and independently operated corporations until a ruling has been made in the underlying de facto transfer case. In this case, as in previous cases, we see no reason to withhold exemption authority pending Departmental action on the certificate transfer application. As long as CCIA and ATI remain separate entities, should we disapprove the proposed transfer either in whole or in part, CHI could divest itself of ATI. The Joint Applicants should not construe our grant of this exemption as a decision to approve the related de facto transfer application or any aspect of that application. By: Michael Reynolds OST-2005-21709 - Exemption - US-Mexico Scheduled All-Cargo February 24, 2006 Application for Waiver of Dormancy Condition Centurion Air Cargo, Inc. requests a waiver of the 90-day dormancy condition imposed on the Department's award of all-cargo route authority issued to centurion by Notice of Action Taken dated December 12, 2005. Centurion requests that the dormancy condition be waived until 90 days after the Department acts on the deferred portion of the pending application of centurion in this Docket for authority to Mexico city from various U.S. cities and to Guadalajara from Los Angeles and Miami. Serving Mexico City and Guadalajara from Miami and Los Angles are critical components of the scheduled all‑cargo service Centurion seeks to operate to Mexico. After reviewing potential traffic for just the Boston/Huntsville‑ Guadalajara markets, Centurion has concluded it cannot economically operate such limited scheduled service necessitating the filing of this waiver request. Centurion understands given conflicting applications for Mexico City authority and Los Angles and Miami authority to Guadalajara that the Department must complete a comparative selection process. The NOAT indicated the Department would initiate such a process. Centurion has additional information to submit in support of an award to it of the deferred markets requested in its application and urges the Department to issue an instituting order as soon as possible establishing a procedural schedule to allocate the additional all‑cargo authority created by the new bilateral. Counsel: Greenberg Traurig, Joanne Young, 202-530-8520, youngj@gtlaw.com Consorcio Aviaxsa, S.A. de C.V. OST-2003-15407 - Morelia-Chicago February 23, 2006 Application for Renewal of an Exemption | Word Applicant desires to continue scheduled air transportation between Morelia, Mexico and Chicago, Illinois, operating two flights per week with a Boeing-727 aircraft. The Government of Mexico designated the Applicant for this route on May 8, 2003. The Department issued the initial exemption in June 2003. Counsel for Applicant inadvertently failed to apply for a renewal in June 2005 and desires to correct this oversight with this application. Applicant continues to operate scheduled air transportation between Monterrey-Chicago; Monterrey-Las Vegas; Monterrey-Houston; Mexico City-Houston; Mexico City-Las Vegas; Monterrey-Miami; and, Monterrey-Los Angeles under other exemptions. Counsel: Jim Marquez, 202-835-1555, j.j.marquez@att.net Essential Air Service at Clarksburg/Fairmont, Morgantown, and Parkersburg, West Virginia OST-2005-20734 - EAS at Parkersburg, WV February 23, 2006 RegionsAir Schedule Confirmation This is to confirm that RegionsAir will be providing the same schedule for PKB, CKB and MGW to CLE as it originally proposed to CVG, with no increase in subsidy. By: Fred Breeden
Essential Air Service at Jackson, Tennessee February 24, 2006 Individual Opposition to Termination of Subsidy By: Terris Henderson
International Air Transport Association
Filed December 13, 2005 | Approved February 23, 2006 By: John Kiser
Filed January 9, 2006 | Approved February 23, 2006 By: John Kiser
Filed January 10, 2006 | Approved February 24, 2006 By: John Kiser
Filed January 31, 2006 | Approved February 23, 2006 By: John Kiser
Filed January 31, 2006 | Approved February 23, 2006 By: John Kiser
Filed January 31, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 2, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 2, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 2, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 3, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 3, 2006 | Approved February 24, 2006 By: John Kiser
Filed February 3, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 3, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 14, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 15, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 15, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 15, 2006 | Approved February 23, 2006 By: John Kiser
Filed February 16, 2006 | Approved February 23, 2006 By: John Kiser OST-2003-14630 - Germany-US Executive Charters February 23, 2006 Application for Renewal of Exemption PTG currently holds an exemption to provide (i) charter foreign air transportation of persons, property and mail between any point in Germany and any point or points in the United States, either directly or via intermediate points in third countries, with or without stopovers, and beyond and (ii) any other charters pursuant to 14 C.F.R. Part 212 of the Department's regulations. The authority granted under its existing exemption is limited to operations which PTG conducts on a wetlease basis on behalf of Lufthansa. PTG's current authority includes a Part 212 statement of authorization to provide aircraft and crews to Lufthansa pursuant to a long-term wetlease. PTG operates long-term wetlease services for Lufthansa on the following routes: (i) Dusseldorf-Newark-Dusseldorf and (ii) Dusseldorf-Chicago-Dusseldorf. PTG's operating authority to the U.S. expires on March 11, 2006. PTG requests renewal for a two-year period of its (i) U.S. exemption authority, (ii) Part 212 wet lease authorization for the flights it conducts on behalf of Lufthansa and (iii) Part 212 code share authorization to display the "UN' code on the Lufthansa wet lease flights. Counsel: Zuckert Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com Ronald Reagan Washington National Airport Slot Exemptions Issued February 24, 2006 On August 9, 2004, pursuant to the provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Department issued Order 2004-8-3, which awarded two slot exemptions at Ronald Reagan Washington National Airport for service inside the 1,250-mile perimeter to Spirit Airlines to serve the Myrtle Beach-DCA market. By letter dated October 7, 2005, Spirit informed the Department that, due to unsustainable losses in the market caused primarily by high fuel prices, it planned to discontinue nonstop service between Myrtle Beach and DCA on November 10, 2005. Given this development, the Department will now consider applications from air carriers using Stage 3 aircraft for the two slot exemptions granted to Spirit. Applicants must propose to provide service to DCA from airports that were designated as small hub or non-hub airports in 1997 within the 1,250-mile perimeter established for civil operations at DCA under 49 U.S.C. § 49109. Applications should be filed in Docket OST-2000-7182. As a final matter, we note that Spirit’s currently allocated slot times for its nonstop DCA-Myrtle Beach service are in the 1000 and 1700 hour periods. Section 41718(c)(2) does not allow us to assign more than three slot exemptions per one hour period. Almost all time periods were fully subscribed by the Department’s Notice dated May 3, 2004, and, thus, we may not be able to accommodate carrier requests for alternative slot exemption times. Completed applications must be submitted by March 17, 2006, and comments with respect to any timely filed request for slot exemptions must be filed by March 27. By: Michael Reynolds TEM Enterprises d/b/a Xtra Airways OST-2006-23664 - Certificate of Public Convenience and Necessity - Foreign Air Transportation - US-Mexico/Costa Rica/Dominican Republic February 24, 2006 This letter will serve to clarify Xtra Airways' exact intentions as to the requested authority and proposed service covered in the referenced applications. The carrier has requested authority to operate scheduled foreign air transportation of persons, property and mail between any point or point in the United States and any point or points in Costa Rica and the Dominican Republic, and between Memphis, Orlando and Atlanta, on the one hand, and Cancun, Mexico, on the other. It asked that these points be made coterminal points. Xtra also submitted an illustrative service proposal showing the approximate schedule that it anticipates operating, at least initially. Though the carrier expects to operate its services between the indicated U.S. points and each foreign point on a point-to-point round-trip basis, as shown in the service proposal, it requests the flexibility to serve the foreign points on a coterminal basis as needed. The carrier understands that such services will be permitted only to the extent they are consistent with the applicable air transport services agreements, and may not include local traffic rights. Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513 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 24, 2006 Contingent Motion for Leave to File and Joint Reply of Star Alliance The Joint Applicants do not intend to engage competitors in an endless debate over whether they have filed sufficient documents and information for the Department to find the Amended Joint Application substantially complete. Certainly, Continental, Delta and Northwest (like American) have not made their requests over concern for the public interest or the interests of consumers. Rather, each carrier's motive is both cynical and transparent -- Delta and Northwest, bitter about the denial of their application to merge their respective immunized alliances, seek to soften the sting of that ruling by preventing the Joint Applicants from further integrating their alliance and by pressuring the Department into making the process as burdensome and protracted as possible. Continental looks to use this case as another opportunity to remind the Department of Continental's displeasure with its lack of access to Heathrow, and to entangle consideration of the Amended Joint Application with the pending U.S.-EU agreement and the proposed "actual control" policy statement. The Department should not allow competitors to abuse its administrative processes in this way. For their part, as stated above, the Joint Applicants do not intend to engage in endless, repetitive debate with regard to the issues raised in American's motion and echoed in the answers of Continental, Delta and Northwest, which the Joint Applicants have fully addressed. Such repetitive exchanges add nothing of value to the record, and are intended only to delay and raise the costs of this proceeding. The Department should put an end to such efforts now, find the Amended Joint Application substantially complete and set a procedural schedule for the filing of answers and replies, which will afford all interested parties a full opportunity to address the merits of the Amended Joint Application. Counsel: Wilmer Cutler, Bruce Rabinovitz, 202-663-6960 for Austrian, British Midland, Lufthansa, LOT, SAS, Swiss International, TAP and United / Silverberg Goldman, Michael Goldman for SAS / Condon & Forsyth, Evelyn Sahr for Swiss OST-2006-23918 - Expanded Air Services at the Antonio B. Won Pat International Airport
February 24, 2006 Answer of Continental Airlines and Continental Micronesia Continental and Continental Micronesia are concerned that a unilateral grant of rights to carriers of foreign countries without securing reciprocal rights for U.S. carriers could be counterproductive to expansion of services at Guam. Continental Micronesia and Continental are not, however, opposing Guam's application insofar as it seeks cargo transfer authority identical to the authority granted to Alaska and Hawaii by Orders 1996-11-2 and 1999-12-10, blanket exemption authority allowing foreign air carriers holding authority from the Department to serve the United States to offer service at Guam and to co-terminalize Guam with other U.S. points identical to the authority granted to Alaska and Hawaii by Orders 1999-5-9 and 1999-12-10 and to grant eligible foreign air carriers, upon application, specific extra-bilateral exemption authority to serve additional points in the mainland U.S. provided that such services also serve the foreign air carrier's homeland and Guam. Both the blanket and specific exemption authority awarded pursuant to Guam's request must be subject to prohibitions against the carriage of cabotage traffic, normal duration limits, and withholding of this exceptional exemption authority from countries which are not honoring their bilateral commitments to the U.S. and from carriers of China, Japan and the United Kingdom. Continental and Continental Micronesia object to the Guam application to the extent it requests any greater authority than that awarded to Alaska and Hawaii. Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2615
February 24, 2006 Northwest Airlines, Inc. hereby opposes the Application of the Territory of Guam seeking a broad unilateral grant of extrabilateral rights to foreign air carriers to serve the Antonio B. Won Pat International Airport. The extraordinary grant of rights requested by Guam is unnecessary given the overall condition and scope of Guam’s existing international air service and available air service rights. Grant of Guam’s request would be contrary to the public interest by impeding ongoing efforts of the U.S. Government to negotiate the reciprocal exchange of air service rights with critical foreign trading partners. Under no circumstances should the Department grant such exceptional broad extrabilateral authority to carriers from foreign countries that have restrictive bilateral regimes with the U.S. which leave substantial needs of U.S. air carriers unmet and involve ongoing efforts to achieve meaningful benefits for both sides through bilateral negotiations, such as Australia, China, Japan, Hong Kong and the United Kingdom. Counsel: Northwest, Megan Rosia, 202-842-3193, megan.rosia@nwa.com
February 24, 2006 United generally supports Guam's efforts to increase air cargo and passenger service at Guam which, like Alaska and Hawaii, is a noncontiguous part of the U.S. and, like Hawaii, is geographically isolated. United recognizes the significance of Guam as both a military base and tourist destination, and appreciates the importance of air transportation to Guam. United is proud to offer convenient daily service to Guam via Osaka on a code-share basis with All Nippon. United objects, however, to Guam's unprecedented and unexplained request that foreign carriers be granted the authority to engage in "similar" expanded passenger transfer activities at Guam as those for cargo. Hawaii neither made, nor was granted authority for, such an extraordinary request. Guam has not provided any explanation or basis for this request, and given Guam's strategic geographic importance and the number of countries in the Asia-Pacific region with restrictive bilaterals, this request should be denied. Granting such a request would severely undermine U.S. negotiating leverage and inflict competitive harm to U.S. carriers. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670
February 24, 2006 Support of Congresswoman Madeleine Bordallo I support the granting of certain blanket exemption authority for foreign air carriers serving Guam that is consistent with and identical to exemption authority that has been previously provided by order of the Department of Transportation to carriers serving international airports in the State of Hawaii and in the State of Alaska. It is important that the Department of Transportation recognize and consider the similar geographic, economic, and market conditions of existing on Guam, Hawaii, and Alaska. In particular, I believe that carriers serving Guam should be afforded the same treatment that carriers serving Hawaii and Alaska have received. In order to maintain a level playing field, the best course for the U.S. is to negotiate open reciprocal rights for U.S. and foreign airlines for service to Guam. Reciprocity is important to maintaining a level, fair and competitive market as well as to protecting of American jobs from unfair labor and trade practices. By: Madeleine Bordallo
January 23, 2006 Support of Guam Department of Military Affairs I fully support Guam's petition for expanded air services into WPIA because of the positive impact it will have on my Department and the economy of Guam. By: Donald Goldhorn
February 24, 2006 Support of Guam Hotel and Restaurant Association I fully support Guam's petition to the USDOT for expanded air services into Guam's only airport because of the positive impact it will have on Guam's community and the economy. By: Bartley Jackson
February 24, 2006 Support of Guam Visitors Bureau By a majority vote of the Board of Directors, the Guam Visitors Bureau supports the Petition for Expanded Air Service at the Antonio B. Won Pat International Airport, Guam. By: David Tydingco
January 24, 2006 Support of JWS Refrigeration & Air Conditioning I fully support Guam's petition to the USDOT for expanded air services into Guam's only civilian airport because of the positive impact it will have on my business and on the economy of Guam. By: JWS, John Scragg
February 23, 2006 Support of Nissan Motor Corporation in Guam I fully support Guam's petition to the USDOT for expanded air services into Guam's only airport because of the positive impact it will have on Nissan Motor Corporation in Guam business and on the economy of Guam. By: Philippe Gerling
February 23, 2006 Support of Royal Orchid Guam Hotel I fully support Guam's petition to the USDOT for expanded air services into Guam's only airport because of the positive impact it will have on my business and on the economy of Guam. By: Richard Rennie
February 24, 2006 Support of Senator Jesse Anderson Lujan In 2002, as I sought ways to propose for the Guam economy to transcend our Japanese economy-induced recession. I looked for innovative ways to use our geographic location to better advantage. The U.S. Department of State's 'Open Skies' initiative looked like a step in the right direction, allowing market forces to determine air transportation access and frequency. Delving further, I discovered that international airports in two American states had been granted exemptions from domestic restrictions, in order to promote increased U.S. and foreign air carrier activity. In approving the State of Alaska's petition (OST-1996-1600), the Office of the Secretary was explicitly mindful of Guam's special needs for air services, and its regulatory power to assist us for the well being of our economy. Its subsequent approval of the State of Hawaii petition confirmed the logic of removing blanket policy restrictions from air transportation market development. I took these approvals as indications of your sympathetic interest in our economic well-being, and solicited the active support of local leaders: the Antonio B. Won Pat Guam International Airport Authority Board of Directors, the 27th Guam Legislature, and the Governor of Guam. We fully examined the potential for economic benefit, and stand united on behalf of the people of Guam to request approval of the subject petition. We seek nothing more than the benefits that accrue upon competing successfully in trans-Pacific travel and cargo markets of the Twenty-First Century. I hope you are as optimistic and supportive of our success as I am. By: Jesse Lujan
January 20, 2006 Support of Veterans Affairs Office of Guam I fully support Guam's petition to the USDOT for expanded services into Guam's only airport because of the positive impact it will have on the veterans serviced by the agency I represent. By: VAO, Fred Gofigan
February 4, 2006 Comments of I Mina'Bente Siete Na Liheslaturan Guahan (Guam Legislature) I Mina'Bente Siete Na Liheslaturan Guahan does hereby, on behalf of I Liheslaturan Guahan and the people of Guam, commend the GIAA Board of Directors for their diligence and unconditional support for open skies aviation policy for passenger, cargo, or combination air transportation and its implementation by the United States Department of Transportation through execution of Open Skies Agreements with all foreign countries since such policy spurs competition, which in turn means more air services, better business opportunities, and more jobs, all of which has a positive impact on GIAA and the people of Guam. The Executive Manager will formally petition the Secretary of the Department of Transportation that for all non-open skies aviation bilateral agreements that Guam be automatically designated as an open skies air service point separate and apart from other United States points and without penalty to any foreign air carrier that desires to serve Guam as a United States point and to take such other actions as may be necessary to obtain the broader designation for Guam as an Open Aviation Area as has been proposed by the European Union. By: Tina Rose Muna Barnes
January 23, 2006 Letter from USAF Colonel Michael Boera to Guam International Airport Authority Thank you for your correspondence of January 18 concerning a Petition for Expanded Air Services at the A.B. Won Pat International Airport. While I recognize your efforts to increase cargo services at the airport and the potential benefits to Guam of these services, I do not have legal authority to act on your request at this time. I very much appreciate your efforts to increase the possibility of more competitive airline fares for our Airmen. As you may know, our Airmen are now assigned to Andersen AFB for at least two years, so cheaper airfares to other parts of the U.S. would be a superb benefit. I look forward to working toward that goal in the future. By: Michael Boera
OST-2002-12259 - Exemption - US-Belize February 24, 2006 Application for Renewal of an Exemption US Airways currently provides daily scheduled air service between the United States and Belize using Airbus and/or Boeing aircraft, Renewal of US Airways' exemption will greatly serve the public interest by providing substantial competition to other carriers serving Belize. US Airways operates these nonstop services from its hub in Charlotte, North Carolina, thereby enabling US Airways to offer convenient, on-line connecting service to Belize from a large number of communities in the United States. US Airways' current exemption for United States - Belize is effective through April 26, 2006. US Airways applies for renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Belize. Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com
OST-2004-17477 - Exemption - US-Switzerland February 24, 2006 Application for Renewal of an Exemption US Airways currently provides scheduled air service from a point or points in the United States, via intermediate points, to points in Switzerland pursuant to its code-share relationship with United Air Lines. US Airways' current exemption and corresponding route integration authority is effective through April 26, 2006. US Airways applies for renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, via intermediate points, and any point or points in Switzerland, and points beyond Switzerland, as well as the corresponding route integration authority. Counsel: US Airways, Howard Kass, 703-872-5230, howard_kass@usairways.com OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger February 23, 2006 Confidentiality Affidavit for Delta Air Lines - Jonathan Echmalian Counsel: Hogan & Hartson Virgin Nigeria Airways Limited OST-2005-23460 - Exemption - Nigeria-US Scheduled Passenger February 23, 2006 I am writing with regard to proposals to begin service under the Open Skies Agreement between the United States and Nigeria. Boeing believes that these types of open skies agreements are key to our future of selling airplanes to meet the growing market demand for point-to-point service. The Agreement with Nigeria will be key in expanding and growing air transportation between the United States and Africa. It is my understanding that there are some outstanding issues to be resolved in implementing this Agreement. We hope that the two governments can quickly resolve those issues. We intend to do business with airlines in Nigeria in the future, and we see them as significant customers for the African continent and the further development of aviation in that part of the world and between Africa and the United States. By: Boeing, Robert Bauerlein |
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