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OST Docket Filings for February 8, 2007

Updated: 6/14/07 | 10:47 AM

Applications and Renewals:

Delta and Aeromexico - US-Mexico Beyond/Behind Gateway Amendments and Renewals

Servicios Aereos Estrella - Mexican Taxi Renewal

South African and United - South African Code to be Added to Charlotte, Indianapolis, Columbus, Kansas City and Austin Routes

Voyageur Airways - US-Canada Renewal

Answers and Replies:

DCA Slots - Rep. James Oberstar Support for Midwest Airlines

EAS at Altoona, PA - Support for Colgan Air

EAS at Pendleton, OR - Oregon Dept. of Aviation Concern of Decreasing Enplanements / State Rep Support

Republic Airlines - Warsaw Agreement

SAP - Opposition to Motion to Strike

Shanghai Cargo International - Family Assistance Plan

Small Community Airlines - Intended Ruling on Confidential Treatment Request

US-China - United Will Not File Substantive Response to Objections of Northwest / Answer of MWAA in Opposition to Objections of Northwest

Notices of Action Taken:

Gulf Air - Codesharing with American Airlines Renewal

Notices and Orders:

Jet Club - Final Order

Kuzu Airlines Cargo - Final Order

Republic Airlines - Registration of Trade Name - Frontier Airlines

US-China - Final Order




Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Aerovias de Mexico, S.A. de C.V.

OST-1997-3289 - Delta and Aeromexico - Exemption - Blanket Mexico-US Beyond Gateways Codesharing
OST-2000-7708 - Delta/Comair/ASA and Aeromexico - Exemption - Leon/San Jose del Cabo-Atlanta

February 8, 2007

Joint Application for Amended Statements of Authorization and Special Authorization and Renewal and Amendment of Exemption Authority

The Joint Applicants request issuance of the following authorities:

  1. amended statements of authorization to Delta, Comair, and ASA pursuant to 14 C.F.R. Part 212 adding authority to display Aeromexico's "AM" designator code on Delta/Delta Connection flights between any point or points in the United States and any point or points in third countries on a blind-sector basis for the carriage of Aeromexico's traffic between Mexico and third countries;
  2. special authorization to Aeromexico pursuant to 14 C.F.R. Part 216 to permit Aeromexico to commingle traffic between Mexico and third countries (that is, traffic not in foreign air transportation) on the same services that carry traffic that is in foreign air transportation between Mexico and the United States and between the United States and third countries, in conjunction with third-country codesharing services with Delta/Delta Connection;
  3. an amended statement of authorization to Aeromexico pursuant to 14 C.F.R. Part 212 adding authority to display Delta's "DL" designator code on flights operated by Aeromexico between any point or points in Mexico and any point or points in third countries on a blind‑sector basis for the carriage of Delta's traffic between the United States and third countries; and
  4. renewal of an exemption to Delta pursuant to 49 U.S.C. § 40109 to authorize Delta to continue to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points within Mexico beyond/behind Delta's authorized Mexican gateway points for transborder services for the purpose of blind-sector codesharing services operated between the Mexican gateway points and other points within Mexico on services operated by either Delta or Aeromexico, and amendment of this exemption to authorize Delta to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points worldwide beyond/behind Delta's authorized Mexican gateway points for transborder services for the purpose of blind-sector codesharing services operated between the Mexican gateway points and points worldwide on services operated by either Delta or Aeromexico.

Initially, Delta and Aeromexico plan to display Aeromexico's "AM" code on flights operated by Delta between (i) Atlanta, Georgia, and Madrid, Spain, and (ii) New York, New York, and Barcelona, Spain. The Joint Applicants request that this application be promptly granted so that Aeromexico may market these new international services without delay.

Counsel: Law Office of John Mietus, William Evans, 410-827-5074, bill@mietuslaw.com for Aeromexico / Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com for Delta

http://www.delta.com/
http://www.aeromexico.com/

Index


Essential Air Service at Altoona, Pennsylvania

OST-2002-11446

February 7, 2007

Re: Altoona-Blair County Airport Support for Colgan Air

The Blair County Airport has utilized Colgan over the past four years as its carrier providing service to the Pittsburgh International and the Washington Dulles International airports.

With the reliable service provided by Colgan in the past, the Altoona-Blair County Airport looks forward to another two year term with Colgan as the EAS carrier.

With the recent purchase of Colgan Air, Inc. by Pinnacle Air, we believe that this will only enhance the service that we have grown accustomed to at the Altoona-Blair County Airport. It is for this reason that we fully support the proposal submitted by Colgan Air, Inc.

By: Airport Manager, Charles Pillar, 814-793-2027

Index


Essential Air Service at Pendleton, Oregon

OST-2004-19934


February 1, 2007

Re: Letter from Oregon Department of Aviation

The current Horizon Air's schedule provides service to/from Portland. We are concerned of the trend of decreasing enplanements and recommend that a partial solution would be to encourage the successful carrier to have an earlier departure in the morning and a later arrival in the evening to enable passengers to have more time to conduct business in Portland.

By: Robert Hidley


January 15, 2007

Support for Horizon Air of:


Index


Gulf Air Company

OST-1996-1055 - Codesharing with American Airlines

Filed January 3, 2007 | Issued February 8, 2007

Notice of Action Taken

(1) Renew exemption from 49 U.S.C. 41301 and statement of authorization under 14 CFR 212 to permit Gulf Air to display the airline designator code of American Airlines, Inc., on flights operated by Gulf Air between London, England; Paris, France; and Frankfurt, Germany, on the one hand, and Abu Dhabi/Bahrain/Oman/Qatar, on the other hand, pursuant to a code-share agreement between the two carriers; and (2) Renew exemption and statement of authorization to the extent necessary to permit Gulf Air to display the airline designator code of American on flights operated by Gulf Air over the above routings and beyond to Kuwait.

By: Paul Gretch

http://www.gulfairco.com/

Index


Jet Club AG

Order 2007-2-11
OST-2006-24576 - Exemption - Switzerland-US

Issued December 20, 2006 | Served February 8, 2007

Final Order

By Order 2006-12-7, issued December 8, 2006, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to that Order and subject to the conditions attached to that permit. We gave interested persons 21 days to file objections to the Order. We said that if no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will make final the findings and conclusions of that Order.

No objections were received within the time period provided.

By: Paul Gretch

http://jetclub.com

Index


Kuzu Airlines Cargo

Order 2007-2-12
OST-2006-25940 - Foreign Air Carrier Permit - Turkey-US Charter Cargo

Issued December 20, 2006 | Served February 8, 2007

Final Order

By Order 2006-12-8, issued December 8, 2006, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to that Order and subject to the conditions attached to that permit. We gave interested persons 21 days to file objections to the Order. We said that if no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will make final the findings and conclusions of that Order.

No objections were received within the time period provided.

By: Paul Gretch

http://www.kuzuairlines.com/

Index


Republic Airlines, Inc.


OST-1995-236 - Warsaw Liability Limitations

February 8, 2007

Warsaw Agreement

By: Republic Airlines d/b/a Frontier Airlines, Robert Casper


Undocketed

Served February 8, 2007

Notice of Registration of Trade Name

On February 2, 2007, Republic Airline, Inc., a certificated air carrier, requested that the Department register the trade name “Frontier Airlines” for use in certain of its air transportation operations.

Part 215 of the Department’s regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such name after the carrier gives notification to similarly named carriers of the proposed use of the name. Republic states that Frontier Airlines, Inc. is aware of and concurs with the trade name registration and that the only other similarly named carriers conduct business pursuant to operating agreements with Frontier. Therefore no other notification is required. Since Republic has complied with the requirements of Part 215, we acknowledge the registration of the trade name “Frontier Airlines” by Republic for immediate use in its operations.

By: Todd Homan

http://www.republicairlines.com/

Index


Ronald Reagan Washington National Airport Inside-Perimeter Slots

OST-2000-7182

February 6, 2007

Re: Rep. James Oberstar Support for Midwest Airlines

I am writing to express my strong support for the application of Midwest Airlines for the two available "inside‑perimeter" slot exemptions at Washington National Airport (DCA) so that the carrier can provide an additional nonstop flight to its principle hub in Milwaukee, Wisconsin. Midwest Airlines' proposal best promotes the public interest by addressing demonstrated increased customer demand, enhancing small community air service, and enhancing airline network competition.

Moreover, awarding Midwest Airlines an additional DCA‑Milwaukee flight will benefit overall network competition in the Upper Midwest. The larger network carriers have far more daily flights between DCA and their respective hubs in Chicago, Detroit, and Minneapolis than Midwest Airlines does to its main hub in Milwaukee. Adding another flight between DCA and Milwaukee, will better position Midwest to grow its network and ensure continued competition in the Upper Midwest.

By: James Oberstar

Index


Servicios Aereos Estrella, S.A. de C.V.

OST-1999-6110 - Mexico-Us Charter Air Transportation

February 7, 2007

Application for Renewal of Exemption

Servicios Aéreos Estrella has held Part 129 Operations Specifications from the FAA International Field Office in Dallas/San Antonio since May 22, 2000. The company's largest aircraft, a Learjet 31, is configured for eight passenger seats.

Counsel: Roller & Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com

Index


Servicios Aereos Profesionales, S.A.

OST-2005-22601 - Complaint Against Embraer Aircraft, Embraer Finance Ltd., John Doe and Jane Doe - Fraud, Breach of Contract, Misleading, False Representation and Warranties

February 8, 2007

Motion of SAP in Opposition to Motion to Strike

That Complainant herein not only opposed to Embraer Motion to strike but made part of this motion the Anonymous comment and make it part of this motion.

That Respondent should know that this is a public docket, and public files. The public which is the one who pays for this services, have all the rights in the world to make their comments, review all the files and know what is going on in this dockets.

Embraer, with its Motion to Strike is trying to prevent that the 'PUBLIC' to exercises its civil rights of express their self. This is a clear violation of a Civil and Constitutional right of a Citizen in the United States of America by Embraer and preventing them to exercise their rights.

There is no legal reason at this time for Embraer's attorneys to present this or any other motion when the Department dismissed this matter more than a year ago.

Counsel: Luis Irizarry

Index


Shanghai Airlines Cargo International Co., Ltd.

OST-1998-3304 - Family Assistance Plans

February 8, 2007

Family Assistance Plan

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com

http://www.shanghai-air.com/ywwy/cargo.htm

Index


Small Community Airlines, Inc.

OST-2005-21822 - Section 41102 Certificate Authority

February 7, 2007

Re: Information Request

We are currently reviewing the certificate application of Small Community Airlines, Inc. filed in Docket OST-2005-21822. The purpose of this letter is to notify you of our intended ruling on your request for confidential treatment of documents filed in support of the referenced application.

By: Air Carrier Fitness, William Bertram

http://www.flysca.net/

Index


South African Airways (Pty) Limited and United Air Lines

OST-2007-26817 - GoJet, Mesa Airlines, Shuttle America and Skywest - Statements of Authorization - Codesharing with South African Airways
OST-2005-22618 - South African - US-South Africa Codesharing

February 8, 2007

South African Code to be Added to Charlotte, Indianapolis, Columbus, Kansas City and Austin Routes

SAA, on its own behalf and on behalf of United and United Express, hereby notifies the Department that SAA's "SA*" designator code will be placed on flights operated by United and/or United Express' between the authorized U.S. gateways of SAA and the following points: Charlotte, Indianapolis, Columbus, Kansas City and Austin.

The South African Department of Transport on January 24, 2007, sent the United States a letter indicating its desire to substitute five of the twenty-five points. Being removed from the list are:

  • Baltimore, Cincinnati, Ft. Lauderdale, Salt Lake City, and West Palm Beach.

Being added to the list are:

  • Charlotte, Indianapolis, Columbus, Kansas City, and Austin.

The carriers hereby request that this notice of point change also serve as a 30-day notice for code-sharing beyond SAA's U.S. gateways to these five new U.S. points covering services operated both by United and/or United Express.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com

http://www.united.com/
http://ww1.flysaa.com/

Index


Voyageur Airways Limited

OST-2003-15839 - Exemption - Canada-US

February 8, 2007

Application for Renewal of an Exemption

Voyageur Airways Limited hereby applies for a renewal of an exemption that would enable Voyageur to hold out and operate scheduled service between any point or points in Canada and any point or points in the United States using medium-sized aircraft (aircraft with fewer than 60 seats and a maximum payload capacity of up to 18,000 pounds).

Voyageur's current authority is scheduled to expire on February 28, 2007. By this application, Voyageur requests that the Department renew this exemption authority for an indefinite period.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com

http://www.voyageurairways.com/

Index


2007 US-China Combination Frequency Allocation Proceeding


OST-2006-25275

February 8, 2007

United Will Not File a Substantive Response to Objections of Northwest

On February 7, 2007, Northwest Airlines filed in this docket an unauthorized pleading styled a Supplement to Objections, accompanied by a Motion for Leave to file, United does not intend to file a substantive response to Northwest's unauthorized filing.

Northwest's Supplement focuses exclusively on a recent announcement by Air Canada of increased nonstop Canada-China service during a portion of the up-coming summer travel season. Such an announcement by a third-country carrier is irrelevant to the core issue in the 2007 US-China Combination and All-Cargo Frequency Allocation Proceeding-- which U.S. carrier's proposal for additional U.S.-China nonstop service will provide the greatest public benefits.

Northwest's objective in filing its unauthorized Supplement is a thinly veiled attempt to protect its position in the U.S.-China market from new U.S.-flag competition by delaying a final award of the seven additional U.S.-China combination frequencies that become available March 25, 2007. The Department should not tolerate such behavior by Northwest, which is contrary to the public interest. Each day the Department's final decision in this proceeding is delayed impacts United's ability to move forward with the regulatory procedures required to obtain approval from the Government of China to implement the new frequencies it has tentatively been awarded by the Department, potentially impacting United's ability to start the service in a timely manner.

To facilitate United's ability to start its new Capital-to-Capital Washington-Beijing service on March 28, as planned, the Department should promptly deny Northwest's Motion for Leave to file and proceed expeditiously to finalize its tentative award of the available U.S.-China frequencies to United.

Counsel: Wilmer Hale, Jonathan Moss, 202-663-6655, jonathan.moss@wilmerhale.com


February 8, 2007

Answer in Opposition and Contingent Motion for Leave to File and Reply of the Metropolitan Washington Airports Authority

The Metropolitan Washington Airports Authority hereby opposes the belated Motion for Leave to File and Supplement to Objections of Northwest Airlines, Inc., dated February 7, 2007. For the reasons stated below, the Motion should be denied. In the event the Department grants Northwest's motion, MWAA moves for leave to file this Reply to Northwest's supplemental objections.

The Department should deny Northwest's belated Motion or, alternatively, reject the substance of its comments as irrelevant to the Department's well reasoned and substantially supported decision to award the seven available U.S.-China frequencies to United Air Lines, Inc. for first-ever daily nonstop service between Washington, D.C. (Dulles) and Beijing, China. In either case, the end result must be the same: the Department should finalize the Show Cause Order awarding these U.S.-China frequencies for Washington, D.C.-Beijing service as expeditiously as possible.

Northwest's Motion provides nothing new to undermine the numerous bases upon which the Department reached its decision in the US. -China Proceeding In referring the Department to the Air Canada flights to China, Northwest is grasping at a very thin reed. This Motion has no merit, but it will have the effect of further impeding the ability of United and MWAA to commence marketing and promotion of this new and vitally important service to China by delaying the issuance of a Final Order confirming the award of these frequencies to United for nonstop Washington, D.C.-Beijing service. This, indeed, may be the purpose of the Motion. Northwest's Motion should be recognized as such, and dismissed out-of-hand. This matter is ripe for decision; objections and answers to the Show Cause Order have been received. The March date contained in the U.S.-China bilateral for this service requires a final decision at this time; no further pleadings should be entertained.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, rechon@hhlaw.com


Order 2007-2-10
OST-2006-25275

Issued and Served February 8, 2007

Final Order

By this Order, we make final our tentative findings and conclusions set forth in Order 2007-1-4, and allocate United Air Lines, Inc. seven weekly combination frequencies for its proposed Washington (Dulles)-Beijing combination services in the U.S.-China market. Under the protocol to the U.S.-China agreement, these rights become available on March 25, 2007.

We grant United’s request to integrate Beijing on its Certificate of Public Convenience and Necessity for Route 246 with its authority to serve Washington, D.C. on its Certificate of Public Convenience and Necessity for Route 130. We will also grant United’s request to change the proposed start-up date for its Washington (Dulles)-Beijing service to March 28, 2007.

We are not persuaded by Continental’s argument that because of United’s position as the carrier having the largest number of frequencies in the market, United’s selection is counter to the Department’s pro-competition policy. We disagree. As stated above, we selected American in 2006 based on the record in that case to address a competitive deficit in those circumstances. While considering the number of frequencies and the current service of each applicant, and in analyzing the record before us, we weighed the various carrier selection factors in light of the particular circumstances presented in this specific case. We tentatively concluded that the public interest benefits of United’s service proposal -- gaining the first-ever nonstop service to China from a new gateway representing the largest O&D market in this proceeding, coupled with the largest capacity to maximize the benefits of that new service -- were compelling. Nothing asserted by Continental in its objections would now persuade us to change that analysis and conclusion.

We do not agree with Northwest’s argument that our tentative decision erroneously prioritizes the needs of local Washington, D.C., passengers over the U.S. cities that would have received new service via Detroit. While Northwest’s proposed service would offer convenient connections through Detroit from a substantial behind-gateway catchment area, United’s proposal immediately rectifies the most critical shortfall in the current U.S.-China market -- the lack of any nonstop service to China from the largest U.S. market without such service -- the Washington, D.C. metro area. We found that United’s Washington, D.C. (Dulles)-Beijing proposal fills that service gap with significant capacity and provides other valuable service benefits, including the added value of beyond gateway code-share services in China, which, in sum, clearly outweigh the potential attributes of Northwest’s Detroit-Shanghai nonstop service.

By: Andrew Steinberg

Index



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