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OST Docket Filings for January 23, 2007
Updated:
| Applications and Renewals:
Inter-Island Airways - Amendment for Commuter Air Carrier Authority Jetport - Canada-US Charter Renewal Lynx Aviation - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger Northwest - Application and Motion for Shortened Answer Date - US-China All-Cargo Frequencies Answers and Replies: Boston-Maine - Memorandum of Capt. Hecking EAS at Carlsbad and Hobbs, NM - Requests for Community Comments US-China - Objections of Continental and Northwest Virgin America - Answer of Continental Notices of Action Taken: Antonov Airlines - Columbus-Boeing Field - Emergency Exemption Notices and Orders: Transportation for Individuals with Disabilities - Passenger Vessels NPRM |
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OST-2007-27029 - Emergency Exemption - Columbus-Boeing Field Filed January 19, 2007 | Issued January 23, 2007 Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate up to four, one-way, all-cargo charter flights from Columbus, Ohio, to Boeing Field, Washington, during the period January 23-February 22, 2007, using its AN-124 aircraft to transport up to four GE 90-115 aircraft engines and ancillary equipment on each flight, on behalf of General Electric Aircraft Engines. The applicant stated that the shipper urgently requires delivery of the engines for installation on new Boeing B-777 aircraft being produced by the Boeing Commercial Airplane Company; that the cargo is too large for transportation on U.S. carrier aircraft; and that surface transportation is not feasible because of the long time period that such mode of transportation would take. Specifically, we were persuaded that the need to deliver the engines promptly in order to meet the urgent delivery and installation schedules of GEAE and Boeing; the fact that the cargo could not be transported by surface means because of the long time period such movement would take; the potential negative impact of delivery delay: and the unique, outsized nature of the cargo constituted an emergency not arising in the normal course of business. Moreover, based on the representations of the U.S. carriers, we concluded that no U.S. carrier had aircraft available which could be used to conduct the operations at issue here. We also found that grant of this authority would prevent unreasonable hardship to GEAE and Boeing. By: Paul Gretch Boston-Maine Airways Corporation OST-2000-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations January 22, 207 Memorandum of Captain Hecking | Word I submit Attorney Culliford has admitted that Pan American top management was (and is now) aware of my NOTICE of FRAUD certified letters. Mr. Culliford introduced himself as Vice President and Chief Council for Pan American. He is about the highest official in the company which is good enough notification for me. HE DID NOTHING just lime Mr. Fink and Mr. Nadolny; where an honest executive would get to the bottom of the claim and fix it. This goes to prove my contention, nothing was done because, management at the highest level of Pan American and Kemper have failed to comply with the requirements set forth by an administrative agency RSA 281 A:56(b) as a part of its fraud scheme. Moreover, Mr. Fink is as much a participant in this docket as I am. And for him to state under oath he is not aware of fraudulent Memo of Denial is nothing less than an obstruction of justice! I feel compelled to point out this set of bad behavior(s) goes to renew the proof Mr. Fink and now Mr. Culliford, currently uses false and misleading statements, just as Mr. Nadolny did, whenever an administrative process gets in the way. By: Dirck Hecking, 317-293-6709, cap10dj@sbcglobal.net Essential Air Service at Carlsbad and Hobbs, New Mexico OST-2002-12800 - Hobbs January 22, 2007 Requests for Community Comments of:
In anticipation of the end of Air Midwest's current contract on May 31, 2007, the Department issued Order 2006-12-13 on December 14, 2006, to solicit proposals from all interested air carriers to provide EAS at Hobbs and Carlsbad, for a new, two-year term. In response to that order, the Department received proposals from Air Midwest and Pacific Wings, L.L.C. We request that you review the proposals and submit any comments you may have before we submit a recommendation to the Assistant Secretary. We ask that you submit any comments you may have as soon as possible, but in any case no later than February 23, 2007. We will carefully consider your comments before we submit a recommendation to the Assistant Secretary for a decision. By: Dennis DeVany
OST-2007-26807 - Certificate of Public Convenience - Interstate and Foreign Scheduled Passenger January 19, 2007 Inter-Island Airways, Inc., hereby amends and modifies the authorization sought in the above referenced proceeding from a Certificate of Public Convenience and Necessity to Commuter Air Carrier Authorization under 49 U.S.C. 47738. As the application submission requirements in 14 C.F.R. 204.3 also apply to applications for commuter air authority, Inter Island Airways believes no further information is required to support this amendment. The information in Inter-Island Airway's application remains current as Inter-Island Airway will update its financial and other information since the original application January 3, 2007. As detailed in the application, Inter-Island Airways currently operates on-demand air charter service. Inter-Island Airways is requesting to engage in scheduled air transportation of persons, property, and mail to the following geographic areas:
The type of aircraft Inter-Island Airways, Inc. will use to serve these markets is the Donrier 228-212. Counsel: Inter-Island, Alex Sene, 684-633-7002, alex@samoatelco.com OST-2001-10006 - Exemption - Canada-US Charter Passenger January 21, 2007 Application for Renewal of Exemption Jetport Inc. hereby applies for renewal of its exemption from 49 U.S.C. 41301 which authorizes Jetport Inc. to engage in charter foreign air transportation of persons and their accompanying baggage with small aircraft between the United States and Canada and, subject to prior Department approval, between other countries and the United States. The department granted the above authority to Jetport Inc. by notice of Action Taken dated July 30, 2001, confirmed Order 1996-6-20. Jetport Inc. requests that this authority, which is scheduled to expire on February 1st, 2007 be renewed for a period of at least one year. Counsel: Jetport, Roger Adair, 905-679-2400 OST-2007-27074 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger January 23, 2007 Application for Certificate of Public Convenience and Necessity (307 pages) - Bookmarked On September 6, 2006, Frontier Airlines Holdings, Inc. formed Lynx as a wholly owned subsidiary to provide regional turboprop aircraft service to supplement and enhance Frontier Airlines, Inc. mainline scheduled aircraft service. Lynx requests authority to engage in interstate scheduled air transportation of persons, property, and mail as more fully described in Lynx's Business Plan attached to this application as Exhibit 7. Lynx will provide scheduled interstate air travel services that it will operate between Denver, Colorado and regional and business travel destinations in the United States. Lynx will initially provide scheduled interstate air travel service between Denver International Airport and the airports listed in Exhibit 7 as the initial service airports. Lynx will operate the Bombardier Q400 Series turboprop aircraft configured for 70 seats during winter operations and 74 seats during summer operations. Lynx is obtaining ten Aircraft, with delivery of its first Aircraft scheduled in May 2007 and its tenth Aircraft scheduled in December 2007. Beginning in 2008, Lynx anticipates it will operate 9 Aircraft with one spare available. Details on Lynx's service proposal are included in Lynx's Business Plan attached as Exhibit 7 to this Application. Lynx also has an option to obtain an additional ten Q400 Aircraft for deliveries in March 2008 through December 2008 under its Purchase Agreement with Bombardier. At this time, Lynx is planning to purchase and own its Q400 aircraft and does not currently have plans to lease any of the Aircraft. Counsel: Lynx, Thomas Nunn, 720-374-7800, tnunn@flyfrontier.com OST-2007-27069 - US-China All-Cargo Frequencies January 23, 2007 Application and Motion for Shortened Answer Date Northwest Airlines, Inc. hereby applies for allocation of one of the three U.S.-China all-cargo frequencies that are currently available in the Department’s unallocated pool. As a result of the current bilateral interpretation of the Civil Aviation Administration of China concerning frequency accounting and beyond change-of-gauge provisions, Northwest requires an allocation of one additional frequency to operate its planned pattern of services between the United States, Shanghai and Guangzhou, and beyond. Following the grant of this application, there will still be two surplus frequencies available for U.S. carrier all-cargo services. Due to the urgent need to submit and have its all-cargo schedules approved by the CAAC, Northwest requests expedited action on this application. Northwest will conduct a poll of carrier representatives served with this application to determine if there are any objections to Northwest’s request. In the event any carrier wishes to file an answer, Northwest moves the Department to establish a shortened answer date of 5 p.m. Wednesday, January 24, and a reply date of noon on Thursday, January 25. There are currently three surplus frequencies that remain available and unallocated in the Department’s all-cargo pool. By Order 2006-7-9, the Department invited applications from all eligible U.S. carriers for the 15 all-cargo frequencies that become available on March 25, 2007. The frequencies were undersubscribed, and by Notice of Action Taken dated August 24, 2006, the Department awarded 12 of the 15 available frequencies on an uncontested basis. Northwest’s planned 2007 summer season all-cargo schedule involves 7 flights to and from Shanghai, with beyond service to Tokyo, and 7 flights to and from Guangzhou. Northwest’s planned Shanghai schedule is substantially identical to that it has operated for the past two years, and Northwest’s 2007 Guangzhou schedule will increase from four to seven weekly flights using the recently allocated frequencies. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
Transportation for Individuals with Disabilities OST-2007-26829 - Passenger Vessels NPRM Published in Federal Register January 23, 2007 Notice of Proposed Rulemaking - Bookmarked The Department is proposing to issue a new Americans with Disabilities Act rule to ensure nondiscrimination on the basis of disability by passenger vessels. This notice of proposed rulemaking concerns service and policy issues. Issues concerning physical accessibility standards will be addressed at a later time, in conjunction with proposed passenger vessel accessibility guidelines drafted by the Access Board. Comments should be submitted by April 23, 2007. Late-filed comments will be considered to the extent practicable. By: General Counsel for Regulation and Enforcement, Robert Ashby OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger January 23, 2007 Answer of Continental Airlines in Support of Joint Motion For the reasons stated in the joint motion of American, Delta and US Airways, submitted on January 19, 2007, the Department should suspend further proceedings in this docket until Virgin America produces the amendments, new agreements and other documents relied upon in its January 17, 2007 response to Order 2006-12-23. After those documents are produced and the Department deems the record complete, interested parties should have at least 21 days to answer Virgin America's "new application and objections to the show-cause order," as American, Delta and US Airways recommend. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2500, rbkeiner@crowell.com 2007 US-China Combination Frequency Allocation Proceeding
January 23, 2007 Objections of Continental Airlines For the last three decades, the Department and the Civil Aeronautics Board before it consistently supported the cause of competition by injecting new airlines and their U.S. networks into international markets dominated by the largest airlines flying the largest aircraft. Until now. Rather than injecting new competition and an entire new U.S.-flag network into the U.S.-Shanghai market, the Department took the unprecedented step of selecting United, which already operates twice the nonstop frequencies of Continental and American combined, to duplicate U.S.-Beijing service it already provides. The Department's decision to award even more frequencies to United rather than injecting effective new competition in the U.S.-Shanghai market flies in the face of a fundamental principle that has guided the Department's decisions for decades: additional competition, particularly direct competition with foreign carriers in the largest markets and network competition for both U.S. and foreign carriers, is far more important than adding additional seats in a market already served by a dominant incumbent applicant. United already operates four times the number of nonstop U.S.-China flights operated by its nearest U.S.-flag competitor and would serve a smaller market than Continental, which would bring an entire new U.S. network to the U.S.-Shanghai market as well as bringing nonstop service to the largest origin and destination market in this proceeding. Under these circumstances, the tentative decision to select United is not only unexplained but inexplicable unless external factors not relevant to this proceeding influenced the Department, as media reports have suggested, or the Department has adopted an industrial policy of supporting the interests of dominant incumbents over the interests of competition and the traveling public. Continental objects strongly to the Department's decision to award seven additional frequencies to United rather than awarding Continental authority to provide the first daily nonstop New York/Newark-Shanghai service and the first nonstop U.S.-flag New York/Newark-Shanghai service in competition with United, the dominant U.S.-flag carrier, other U.S.-flag carriers and foreign carriers offering New York/Newark-Shanghai service. Continental also objects to the Department's failure to award Continental backup authority in the event the misguided tentative decision awarding authority to United is not reversed. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2500, rbkeiner@crowell.com
January 23, 2007 Objections of Northwest Airlines Northwest strongly objects to the tentative findings of the Show Cause Order (Order 2007-1-4) selecting United to receive all seven combination frequencies at issue in this proceeding. United already operates four daily nonstop flights between the United States and China -- with double daily service from both Chicago and San Francisco. Accordingly, United already enjoys unique and unprecedented service coverage of the entire U.S. to China market from East and West Coast hubs. Apart from the narrowly limited nonstop benefits on a single city-pair route, United’s proposed Washington-Beijing service offers nothing new to the traveling public. By contrast, the record shows that selection of Northwest’s Detroit-Shanghai proposal would create the largest and most effective hub gateway to China -- with new nonstop-to-nonstop service to 108 U.S. cities. The Washington-Beijing local market is already very well served with convenient and competitive service by a number of carriers, including single flight number change-of-gauge service on United via O’Hare, and single connection service on United via San Francisco. The Show Cause Order erroneously prioritized the needs of Washington local passengers over the scores of U.S. cities that would have receive new single connection service via Detroit – including the first nonstop-to nonstop service for 15 U.S. cities, and first competitive service for 29 more. Consistent with the Department’s stated objective in the Instituting Order to “maximize public benefits” (Order 2006-7-9) the tentative findings of the Show Cause Order should be vacated and a Final Order issued to provide Northwest with the frequencies it needs to commence nonstop service from Detroit. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com |
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