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OST Docket Filings for February 22, 2007
Updated:
| Applications and Renewals:
Aerolitoral and Aeromexico - Hermosillo-Los Angeles Renewal China Eastern - China-US Codeshare with American Renewal Delta and KAL - 30-Day Notice - Pittsburgh Evergreen - Dormancy Waiver - US-Russia All-Cargo Hawaiian - US-Korea Codeshare with KAL IATA - TC12 Mexico-Europe / TC12 South Atlantic-Europe / TC12 Mid Atlantic-Europe Inter Island Airways - Supplement No. 2 Lufthansa - Germany-US Codesharing with Air Malta Skybus Airlines - Temporary Waiver of 14 CFR 204.7 (Interstate and Foreign Scheduled Passenger) Spirit - US-Peru / US-Trinidad & Tobago Answers and Replies: Aerolineas Argentinas - 161st Escrow Deposit Report Aeromexico - Will Not Seek Renewal of San Jose del Cabo-Ontario, CA Airline Data NPRM - Comments of UPS Antonov - Polling Results (Emergency Exemptions) Compass Airlines - Family Assistance Plan - Northwest Will be Primary Responder DCA Slots - Arkansas Congressional Delegation Support for Comair EAS at Clovis, NM - City of Clovis in Support of Great Lakes Option 1 Intra-Alaska Bush Service Mail Rates - Answer of the Consolidated Carriers to Order 2007-1-6 / Rate Equalization Notice of Arctic Transportation Services Notice to All Foreign Carriers - Reciprocity Certification of Government of Portugal Oasis Hong Kong - Passenger Manifest Plan Southwest Airlines - Motion for Confidential Treatment - Form 41 Taga Air Charter - Additional Information Request UPS - Motion for Confidential Treatment - Form 41 US Airways / EVA Airways / Royal Jordanian / Virgin Atlantic - Motion for Confidential Treatment Vision Airlines - Answer of Scenic Airlines to Vision Supplement 17 Zoom - Reply of Zoom to Delta / Sur-Reply of Delta - UK-US Notices of Action Taken: Aero JBR - Mexico-US Cargo Charter Renewal Antonov - Columbus-Boeing Field Azteca - Toluca-Las Vegas / Puebla/Monterrey-New York Renewals Cathay Pacific - Hong Kong-US Renewals Jetport - Canada-US Charter Renewal Mexicana - Mexico City/Guadalajara-Phoenix Republic - Denver-Mazatlan, Ixtapa/Zihuatanejo, Puerto Vallarta and San Jose del Cabo Notices and Orders: None |
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OST-2002-11320 - Exemption - Mexico-US Cargo Charters Filed July 13, 2006 | Issued February 22, 2007 Renewal of exemption from 49 USC 41301 to permit the applicant to conduct all-cargo charter operations between Mexico and the United States, and other all-cargo charters in accordance with 14 CFR Part 212, using small equipment. By: Paul Gretch OST-2003-15092 - IATCPA Complaint February 21, 2007 Re: One-Hundred-Sixty-First Escrow Deposit Report This is the ONE-HUNDRED-SIXTY-FIRST Escrow Deposit Report for the week ended February 11, 2007. Attached please find the DOCUMENTATION Aerolineas made a deposit into the escrow of U.S. $31,305.90 for a total escrow amount of U.S. $4,334,219.34. Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com Aerolitoral, S.A. de C.V. and Aerovias de Mexico, S.A. de C.V. OST-2001-11101 - Exemption - Hermosillo-Los Angeles February 22, 2007 Joint Application for Renewal of Exemptions from 49 USC 41301 Aerolitoral, S.A. de C.V. and Aerovias de Mexico, S.A. de C.V. respectfully request renewal of the exemption authority granted by the Department in Notice of Action Taken, dated March 27, 2007, which permits Aerolitoral and Aeromexico (via code sharing with Aerolitoral) to engage in scheduled foreign air transportation of persons, property and mail between Hermosillo, Mexico, and Los Angeles, California. The exemption is set to expire on March 27, 2007. By Notice of Action Taken, dated March 27, 2006, the Department granted Aerolitoral exemption authority to conduct service between Hermosillo and Los Angeles with aircraft capable of carrying no more than 60 passengers and having a maximum payload capacity of no more than 18,000 pounds, It also granted Aeromexico exemption authority limited to operations conducted pursuant to a code share arrangement with Aerolitoral. Aerolitoral currently is offering daily nonstop service between Hermosillo and Los Angeles with regional jet aircraft, and all the flights carry the two letter "AM" designator code of Aeromexico, and the "DL" designator code of Delta Air Lines, Inc. The services are providing significant benefits for U.S.-Mexico passengers and shippers and offer competitive alternatives to such travelers and Applicants wish to extend the authorities for another year. Counsel: Law Office of John Mietus, William Evans, 301-571-9334, bill@mietuslaw.com Aerovias de Mexico, S.A. de C.V. OST-2003-14290 - Exemption - San Jose del Cabo-Ontario, CA February 20, 2007 Will Not Seek Renewal of San Jose del Cabo-Ontario, CA By Notice of Action Taken dated March 20, 2006, in the above-referenced docket, the Department granted exemption authority to Aerovias de Mexico, S.A. de C.V. to engage in foreign air transportation between San Jose del Cabo, Mexico, and Ontario, California. The exemption is to expire on March 20, 2007. Please be advised that Aeromexico does not intend to seek renewal of this exemption.Counsel: Law Office of John Mietus, Williams Evans, 410-827-5074, bill@mietuslaw.com February 20, 2007 Comments of UPS - Bookmarked UPS supports the immediate implementation of electronic filing for all airline data. UPS believes that the gradual implementation of electronic filing will create additional costs and inconvenience because air carriers must file both electronic and paper copies of airline data. UPS asks that the Department implement electronic filing for all airline data as soon as possible. Counsel: Kelley Dryer, David Vaughan, 202-342-8462, dvaughan@kelleydrye.com
OST-2007-27326 - Emergency Exemption - Philadelphia-Moffett Field February 20, 2007 Antonov Design Bureau trading as Antonov Airlines hereby informs the Department that it has polled the carrier-representatives on the service list attached below with respect to the two emergency applications referenced above, and no objections were received. Accordingly, Antonov requests that the Department immediately issue the requested emergency exemptions, particularly given that the first flight thereunder might commence as soon as February 22, 2007. Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5600 OST-2007-27327 - Emergency Exemption - Columbus-Boeing Field Filed February 16, 2007 | Issued February 22, 2007 Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate up to five one-way all-cargo charter flights from Columbus. Ohio, to Seattle/Boeing Field, Washington, during the period February 23-March 25, 2007, using its AN-124 aircraft to transport up to four GE 90-115 aircraft engines, plus ancillary equipment, per 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. 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 no 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
Cathay Pacific Airways Limited OST-1995-940 - Exemption - Hong Kong - New York Filed January 30, 2007 | Issued February 22, 2007
By: Paul Gretch China Eastern Airlines Corporation Limited OST-2004-19010 - Exemption - China-US Codeshare with American Airlines February 19, 2007 Application for Renewal of Exemption Authority Pursuant to 49 USC 40109 China Eastern Airlines Corporation Limited hereby applies for renewal of its blanket exemption authority to conduct scheduled foreign air transportation of persons, property and mail between Beijing and Shanghai, People's Republic of China and the United States. China Eastern requests renewal of this authority so that it may continue to operate codeshare routes with American Airlines, Inc. By Notice of Action Taken on March 6, 2006 in Docket OST-2004-19010, the Department granted China Eastern an exemption from 49 U.S.C. Section 41301 to carry persons, property and mail in scheduled service between Beijing and Shanghai, People's Republic of China on the one hand, and any point or points in the United States on the other. China Eastern requests renewal of this authority for a period of at least two years. Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6622 Compania Mexicana de Aviacion, S.A. de C.V. OST-2007-26967 - Exemption - Mexico City/Guadalajara-Phoenix Filed January 16, 2007 | Issued February 22, 2007 Exemption from 49 USC 41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property, and mail between the cotertninal points Mexico City and Guadalajara, Mexico, on the one hand, and Phoenix, Arizona, on the other hand. By: Paul Gretch OST-1996-1960 - Family Assistance Plans February 5, 2007 Family Assistance Plan - Northwest Will be Primary Responder - Bookmarked Northwest Airlines, through their communication system, emergency management expertise, passenger handling experience, call center capabilities, ASSIST program and excellent training throughout, will provide all of the required services as outlined in the Northwest Family Assistance Plan, the scope of which is thoroughly detailed in The NWA Plan for Addressing the Needs of the Families of Passengers Involved in an Aircraft Accident. Counsel: Compass, William Lange, 703-802-1436 Delta Air Lines, Inc., Comair, Inc., Atlantic Southeast Airlines, Inc. and Korean Air Lines Co., Ltd. OST-2003-14367 - Statements of Authorization - US-Korea Blanket Codesharing February 22, 2007 30-Day Notice of Additional Codesharing Hereby notify the Department that, beginning no earlier than 30 days from today, the carriers plan to display KAL's designator code on flights operated by Delta/Delta Connection between KAL's authorized U.S. gateways and Pittsburgh, Pennsylvania. Counsel: Zuckert Scoutt, William Callaway, 202-973-7906 for KAL / Delta and Hogan & Hartson, Robert Cohn, 202-637-4999 for Delta OST-2007-27369 - Statement of Authorization - Germany-US Codesharing with Air Malta February 21, 2007 Application for a Statement of Authorization Lufthansa hereby requests a blanket statement of authorization pursuant to 14 C.F.R, Part 212 for authority to display the two-letter "KM" designator code of Air Malta on Lufthansa's nonstop flights between Germany and the United States, to the extent necessary to transport Air Malta passengers traveling between Malta and the United States via Germany as discussed below. Lufthansa and Air Malta plan to initiate the proposed code-share services on or about March 25, 2007. Lufthansa has entered into a code‑share arrangement with Air Malta whereby Lufthansa plans to display Air Malta's two‑letter "KM" designator code on Lufthansa's flights between Munich, Germany, on the one hand, and New York (JFK) and Washington, D.C. (Dulles), on the other hand. Lufthansa respectfully requests that the statement of authorization be granted expeditiously and remain in effect for an indefinite period. Lufthansa and Air Malta will notify the Department no later than 30 days before commencing any additional code-share services involving U.S. points not specified herein. Counsel: Wilmer Hale, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com Effectiveness of New Provisions Under 14 CFR 212 February 16, 2007 Re: Reciprocity Certification of the Government of Portugal The National Institute of Civil Aviation herewith confirms that this civil aviation authority will grant, on the basis of reciprocity, to any carrier designated by the United States of America the right to conduct third, fourth and fifth freedom non-scheduled (charter) passenger flights to/from Portugal in conformity with the Air Transport Agreement between the Portuguese Republic and the United States of America, signed in Lisbon on 30 April, 2000. By: Luis Fonseca de Almeida Essential Air Service at Clovis, New Mexico February 16, 2007 City of Clovis in Support of Great Lakes Option 1 After full consideration, the Clovis City Commission has voted to support the proposal of Great Lakes Airlines (Option #1) to continue as the essential air services provider. This decision was reached after a full opportunity for both airlines to submit their proposals to the Civil Aviation Board, followed by an additional opportunity for Pacific Wings Airlines to make a presentation to the City Commission. The vote of the Clovis City Commissioner was unanimous. By: Mayor, David Lansford Evergreen International Airlines, Inc. OST-1996-2025 - US-Russia All-Cargo February 22, 2007 Application for Waiver of Dormancy Condition Evergreen International Airlines, Inc. respectfully requests a waiver of the 90-day dormancy condition with respect to the prior grant of authority to Evergreen to conduct three times weekly all-cargo air service to Russia. Evergreen respectfully requests that the Department renew the waiver of the 90-day dormancy condition applicable to its three weekly U.S,-Russia all-cargo frequencies, which is currently set to expire on March 25, 2007, for an additional two-year period, through March 25, 2009. Evergreen understands that the Department has allocated only 8 of the 23 available all-cargo frequencies between the U.S. and Russia. Therefore, providing Evergreen relief from the dormancy condition will not preclude another U.S. air carrier from obtaining frequencies to commence all-cargo service to Russia should such a carrier be of the view that market conditions will support freighter operations. In light of the continuing poor economic condition of the U.S.-Russia market with respect to goods that are normally transported by air and the fact that sufficient frequencies remain available for other carriers that may desire to initiate allcargo service to Russia, Evergreen is of the view that renewal of the waiver of the Department's dormancy condition for an additional two-year period is in the public interest. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3304 OST-2007-27392 - Statement of Authorization - US-Korea Codeshare with Korean Air Lines February 22, 2007 Application for a Statement of Authorization Hawaiian Airlines, Inc. recently entered into an agreement with Korean Air Lines Co., Ltd. whereby Hawaiian will place Korean's KE* designator code on Hawaiian's inter-island flights and flights between Hawaii and the mainland United States for the purpose of transporting Korea-U.S. traffic. Hawaiian therefore requests a blanket statement of authorization under Part 212 of the Department's regulations and waiver of the Department's 45-day advance notice requirement in order to effectuate this arrangement. Hawaiian respectfully requests expedited consideration of this application to facilitate the marketing and advance sale of these new codeshare services, which will be initiated on or about March 25, 2007. Hawaiian requests a blanket statement of authorization at this time to provide it with the flexibility to quickly expand this relationship to additional points (including foreign destinations) in the future, as well as authority under Part 216 to commingle Korean-U.S. traffic with other US.-originating traffic to foreign points (consistent with applicable bilateral agreements). Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com OST-2007-26807 - Certificate of Public Convenience - Interstate and Foreign Scheduled Passenger February 21, 2007
Counsel: Inter Island, Alex Sene, 684-633-7002, alex@samoatelco.com International Air Transport Association
February 20, 2007 Application for Approval of Agreements TC12 Mexico-Europe - Resolutions and Specific Fares Tables (Memo 0086). Intended Effective Date: 1 April 2007. Counsel: IATA, Douglas Lavin
February 20, 2007 Application for Approval of Agreements TC12 South Atlantic-Europe - Resolutions and Specified Fares Tables - Mexico City and Teleconference, 22-25 January 2007 - Intended Effective Date: 1 April 2007 (Memo 0148). Counsel: IATA, Douglas Lavin
February 20, 2007 Application for Approval of Agreements TC12 Mid Atlantic-Europe - Resolutions and Specified Fares Tables - Mexico City and Teleconference, 22-25 January 2007 - Intended Effective Date: 1 April 2007 (Memo 0114). Counsel: IATA, Douglas Lavin
Intra-Alaska Bush Class Service Mail Rates
January 25, 2007 Answer of the Consolidated Carriers to Order 2007-1-6 - Bookmarked | Word The undersigned carriers respectfully request that the Department adjust its database to exclude identifiable non-revenue segments, include all passenger carriers and aircraft currently operating in scheduled mail service in setting mail rates, and use cost projection to adjust historic unit costs to the rate application period. The Department has already ruled than non-revenue segments must be excluded from the ratemaking base. Use of the 1% sample technique creates a biased and inaccurate sample, and use of automated spreadsheet techniques eliminates most of the manual calculation required to set rates. Sufficient data and statistical tools exist for the Department to apply a reasonable and accurate projection technique consistent with the findings of Order 1997-9-37. Once these three corrections are made, calculation of bush mail rates will be identical in technique and procedure to mainline mail rates. By using the non-controversial mainline rate procedures, the Department will be able to set rates more quickly and without debate on rate setting standards. Additionally, the Carriers request permission to file this Answer one day late due to the logistical problem of receiving all authorizations. By: MTC, Hank Myers, 425-641-8423, hank@mtcworld.com
February 20, 2007 Rate Equalization Notice of Arctic Transportation Services | Word Arctic Transportation Services, Inc., (7S), an Alaskan incorporated air carrier currently authorized to transport United States mail, hereby gives notice of its intent to equalize its mail rates to the lowest authorized rates legally in effect between:
By: ATS, Wilfred Ryan OST-2001-10006 - Exemption - Canada-US Charter Passenger Filed January 22, 2007 | Issued February 22, 2007 Renew exemption from 49 U.S.C. 41301 to permit the applicant to continue to conduct, using small aircraft, 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 toifrom the United States in accordance with 14 CFR Part 212. By: Paul Gretch Lineas Aereas Azteca, S.A. de C.V. OST-2005-22257 - Exemption - Toluca-Las Vegas / Puebla/Monterrey-New York Filed October 23, 2006 | Issued February 22, 2007 Renewal of exemption from 49 USC 41301 to permit the applicant to conduct scheduled, mcombination services between: 1) Puebla, Mexico, and New York, New York; 2) Monterrey, Mexico, and New York, New York; and 3) Toluca, Mexico, and Las Vegas, Nevada. Our November 23, 2005 action granted the Puebla-New York and Monterrey-New York authority. Our December 22, 2005 action granted the Toluca-Las Vegas authority. By: Paul Gretch Oasis Hong Kong Airlines Limited OST-1998-3305 - Family Assistance Plans February 20, 2007 Counsel: Squire Sanders, Charles Donley OST-2007-27199 - Exemption - Denver-Mazatlan, Ixtapa/Zihuatanejo, Puerto Vallarta and San Jose del Cabo Filed February 2, 2007 | Issued February 22, 2007 Scheduled foreign air transportation of persons, property, and mail between Denver, Colorado, on the one hand, and Mazatlan, Ixtapa/Zihuatanejo, Puerto Vallarta, and San Jose del Cabo, Mexico, on the other hand, and to integrate this authority with its other exemption and certificate authority granted by the Department, to the extent permitted by international agreements. The carrier states that it will use the authority under a code-share fee-for-service arrangement with Frontier Airlines, Inc. and will provide the services on a seasonal basis. Republic is authorized to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Republic's operations are performed under a fee-for-service agreement with a major U.S. carrier (See Order 2005-9‑24). By: Paul Gretch Ronald Reagan Washington National Airport Slot Exemptions February 16, 2007 Arkansas Congressional Delegation Support for Comair We are writing today to express our strong support for the application of Comair, Inc. for two "within-perimeter" slot exemptions to introduce nonstop "Delta Connection" service between Washington Ronald Reagan National Airport and Little Rock, Arkansas. Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com OST-2005-20072 - Interstate Certificate of Public Convenience and Necessity - Scheduled Passenger February 20, 2007 Application for a Temporary Waiver of 14 CFR 204.7 Skybus Airlines, Inc. submits this Application for a waiver of 14 C.F.R. 204.7(a), which provides that if an air carrier has not commenced any type of air transportation operations for which it was found fit willing and able within one year of the date of that finding, the authority granted shall be revoked for dormancy. Skybus seeks a temporary waiver of this provision so as to allow it to delay commencement of scheduled service for up to 90 days after March 14, 2007 (i.e., until June 12, 2007) and requests a 90-day waiver to allow for any additional unforeseen delays. Until the FAA issues the Air Carrier Certificate and Part 121 Operations Specifications, Skybus cannot commence operations. In addition, the company will require some time after the issuance of the FAA authority to publish its schedules, begin advertising and selling tickets, and make other final preparations to begin operations. Skybus will submit to the Department updated financial and fitness information as required by Orders 2006-3-12 and 2006-5-9, and as promised by Skybus in its September 25, 2006 update to the Department. Counsel: Sher & Blackwell, Mark Atwood OST-1996-1640 - Form 41 Schedule B-7 February 20, 2007 Motion for Confidential Treatment Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com
OST-2007-27364 - Exemption - US-Peru February 15, 2007 Spirit hereby applies for an exemption from 49 U.S.C. § 41101 that would authorize Spirit to engage in scheduled foreign air transportation of persons, property, and mail between points in the United States, on the one hand, and points in Peru, on the other hand. Spirit is seeking an exemption that would enable it to provide low-fare scheduled foreign air transportation from points behind the United States via the United States and intermediate points to a point or points in Peru, and beyond. Spirit intends to offer scheduled air service between Ft. Lauderdale, Florida, on the one hand, and Lima and Chiclayo, Peru, on the other hand, using 144 seat Airbus A319 aircraft. This service will be introduced on or about May 1, 2007. Because the service Spirit seeks to operate is not markedly different in terms of stage length from the services Spirit currently operates, this service does not represent a substantial change in Spirit's operations. Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com
OST-2007-27365 - Exemption - US-Trinidad & Tobago February 16, 2007 Spirit applies for an exemption from 49 U.S.C. § 41101 that would authorize Spirit to engage in scheduled foreign air transportation of persons, property, and mail between points in the United States, on the one hand, and Trinidad and Tobago, on the other hand. Spirit also requests that, to the extent necessary, the Department designate Spirit to provide scheduled air service to Trinidad and Tobago. Spirit is seeking an exemption that would enable it to provide low-fare scheduled foreign air transportation to Trinidad and Tobago. Trinidad and Tobago has taken a permissive stance toward the licensing of U.S. air carriers. Spirit intends to offer scheduled air service between Ft. Lauderdale, Florida, on the one hand, and Port of Spain, Trinidad and Tobago, on the other hand, using 144-seat Airbus A319 aircraft. The service to Port of Spain is slated to commence on or about May 1, 2007. Because the service Spirit seeks to operate is not markedly different in terms of stage length from the services Spirit currently operates, this service do not represent a substantial change in Spirit’s operations. Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com
Taga Air Charter Service, Inc. OST-2006-25577 - Commuter Air Carrier Authority February 21, 2007 Additional Information Request We have reviewed the supplemental information filed by Taga Air Charter Service, Inc. on December 14, 2006, supporting its application for a determination of its fitness to conduct scheduled passenger operations as a commuter air carrier. Based on our review, we are concerned that U.S. citizens may not control Taga Air, as required by statute. We will provide to Taga Air a further opportunity to address our concerns. We therefore direct the company to respond to the enclosed information request within 14 days of the date of this letter. By: Air Carrier Fitness Division, William Bertram OST-1995-125 - Form 41 Confidential Treatment January 18, 2007 Motion for Confidential Treatment Counsel: Kelley Drye, David Vaughan, 202-342-8462 US Airways, Inc. / EVA Airways Corporation/Royal Jordanian Airlines/Virgin Atlantic Airways Limited OST-2007-27352 - Statements of Authorization - US Domestic Codesharing February 21, 2007 Motion for Confidential Treatment US Airways respectfully moves to withhold from public disclosure the confidential versions of the code-share contracts and amendments submitted to the Department today. In accordance with Rule 12, US Airways is submitting copies of the confidential documents to the Department separately in a sealed envelope bearing the caption for the cases and marked "Confidential Treatment Requested Under § 302.12." The information for which US Airways requests confidential treatment is confidential and competitively sensitive information. The public release of that information would cause US Airways substantial competitive and financial injury. Accordingly, the information should be withheld from public disclosure. US Airways is submitting in this docket copies of the code-share contracts and amendments with the confidential portions redacted. These redacted versions are being served on all persons on the attached service list. Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com OST-2004-19518 - Certificate of Public Convenience and Necessity - Interstate Scheduled February 20, 2007 Answer of Scenic Airlines to Supplement No. 17 - Bookmarked The need for heightened DOT scrutiny of Vision, including its citizenship, is more apparent than ever. The Department, in the public interest, should continue to proceed very cautiously and deliberately, and to ensure that no element of Vision's fitness (or lack thereof) is hidden from the public eye. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974, agoerlich@ggh-airlaw.com OST-2007-27060 - Exemption and Foreign Air Carrier Permit - UK-US
February 16, 2007 Reply of Zoom Airlines and Motion for Leave to File One Day Late - Bookmarked The only airline to oppose Zoom Airlines Limited's application for an exemption and foreign air carrier permit is also the only airline (Delta Airlines Inc.) that faces head-to-head competition with Zoom in the important LGW-JFK market. Zoom's application complies with the Department's guidelines for applications from United Kingdom carriers, the U.K. Government expects to designate Zoom for LGW-JFK service shortly, and under the May 25, 1989 Exchange of Notes cited by Delta, the Department relies on U.K. Government determinations on citizenship of U.K. carriers. Delta's answer should be rejected as a blatant attempt to protect Delta's monopoly position by delaying Zoom's competitive, value-focused LGW-JFK service and the benefits it will bring to travelers on both sides of the Atlantic. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2500, lhalloway@crowell.com
February 22, 2007 Motion for Leave to File - Sur-Reply of Delta Air Lines There is good cause to accept Delta's submission in order to ensure that the Department has an accurate record on which to reach a decision. Zoom failed to respond to the key substantive issues raised in Delta's Answer and instead tries to divert attention from those issues by attacking Delta's motives, claiming that Delta's answer is "a blatant attempt to protect Delta's monopoly position." This claim, apart from being fallacious, is indeed ironic given that the United Kingdom has for decades hidden behind the shield of one of the most restrictive air transport agreements in the world (Bermuda II) which was and still is designed to protect UK airlines from the forces of competition. As the Department well knows, Delta has been one of the staunchest proponents of open skies agreements, and has taken a leadership role in supporting the proposed first stage open skies agreement between the U.S. and the EU, an agreement which the UK has consistently opposed. Significantly, Zoom also fails to address Delta's concerns about the complete integration of Zoom UK and Zoom Canada within Zoom Canada's website www.flyzoom.com Zoom tries to dismiss the serious problems raised by the overlap between the two companies by claiming it is a merely "marketing alliance." Clearly, this Zoom family relationship is much more than a marketing alliance, and it must be evaluated in that context. The flyzoom website treats the two companies as essentially one and the same. Counsel: Delta and Hogan & Hartson, Robert Cohn, 202-637-4999/5659, recohn@hhlaw.com
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