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OST Docket Filings for March 21, 2007
Updated:
| Applications and Renewals:
Shuttle America - US-Canada Renewal SN Brussels - Registration of Trade Name Change - Brussels Airlines Volga-Dnepr - Columbus-Boeing Field - Emergency Exemption Answers and Replies: Alaska Airlines, et al v LA World Airports - Complainants TBIT Airlines and T1/T3 Airlines Joint Motion for Leave to File Unauthorized Document - Joint Motion to Clarify 3-16-07 Prehearing Order / Proposed Order to Motion for Leave to File An Otherwise Unauthorized Document: Supplemental Expert Report of Daniel M. Kasper / Motion of Respondent's For Leave To File An Unauthorized Document / Reply of Respondent to the TBIT Airlines' response seeking not to produce witnesses for cross examination / Response of Terminal 1 and 3 Airlines to Respondents' Motion to Require All Parties to Refile Testimony / Stipulated Motion of Voluntary Dismissal Without Prejudice of China Southern Airlines / Issuance of Subpoena to Compel Appearance of Patricia V. Tubert at Evidentiary Hearing DCA Slots - Support Letters for US Airways EAS at Burlington, IA - Comments of Des Moines County Board of Supervisors IATA - Additional Information - Minutes: TC12 North, Mid, South Atlantic - Africa Star Alliance - Confidentiality Affidavit of US Airways - Destruction of Documents - Howard Kass Virgin America - American Does Not Intend to File Objections Notices of Action Taken: jetBlue - Boston-Aruba US-China All-Cargo - Polar Air Cargo - Start-Up Condition Waiver Notices and Orders: Alaska Airlines, et al v LA World Airports - Setting Prehearing Conference |
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Alaska Airlines, Inc., et al v Los Angeles World Airports OST-2007-27331 | Chronological Listing
March 21, 2007 The Terminal 1 and 3 airlines hereby respectfully apply for issuance of a subpoena to compel the appearance at the evidentiary hearing in this case of Patricia V. Tubert, Deputy Executive Director of Respondent Los Angeles World Airports. (Two originals of a proposed Subpoena are enclosed herewith.) It is specifically requested that the T1/T3 airlines be permitted to cross examine Ms. Tubert in their case-in-chief with regard to: (1) the exhibits to the Joint Complaint of the T1/T3 airlines which Ms. Tubert authored or otherwise relate to her involvement in developing and imposing the new terminal charges; (2) statements made by Ms. Tubert during an October 10, 2005 meeting with the T1/T3 airlines to discuss the new terminal charges, and at meetings of the Los Angeles Board of Airport Commissioners regarding the new terminal charges; (3) the statements in Ms. Tubert's 23-page March 1, 2007 Declaration submitted with the Respondents' Brief; (4) exhibits provided by Respondents that were authored by Ms. Tubert or with which she was involved; and (5) general facts and background information relating to Los Angeles International Airport and the development and imposition of the new terminal charges at LAX which Ms. Tubert possesses because of her position at LAWA. Sheppard Mullin, Roy Goldberg, rgoldberg@sheppardmullin.com March 20, 2007 The Thomas Bradley International Terminal Complainants together with the Terminal 1 and Terminal 3 Complainants respectfully request that this Court grant leave to file the attached Joint Motion to Clarify the March 16, 2007 Prehearing Order by the TBIT and T1/T3 Airlines. The TBIT and T1/T3 Airlines have good cause to submit this motion. Clarification of the Court's Prehearing Order with respect to the designation of lead counsel for the separate Complainant groups will contribute to the orderly conduct of the hearing in this case and full and sufficient representation of the interests of both Complainant groups. For these reasons, the TBIT and T1/T3 Airlines respectfully request that this Court accept the attached unauthorized Joint Motion to Clarify March 16, 2007 Prehearing Order for filing. Counsel: Sheppard Mullin, Roy Goldberg, rgoldberg@sheppardmullin.com for T1/T3 Carriers / Kirkpatrick & Lockhart, James Weiss, 202-628-1700, jim.weiss@klgates.com for TBIT Airlines
March 20, 2007 Having reviewed and considered the motion of the Terminal 1 and 3 airlines for leave to file their "Supplemental Expert Report of Daniel M. Kasper" and having found good cause exists to grant the motion, it is hereby ORDERED that the Supplemental Expert Report of Daniel M. Kasper shall be accepted for filing in this case. By: Richard Goodwin
March 20, 2007 Motion of Respondent's For Leave To File An Unauthorized Document Respondents Los Angeles World Airports, Los Angeles Board of Airport Commissioners, and the City of Los Angeles seek leave to file the attached "Reply To The TBIT Airlines' Response Seeking Not To Produce Witnesses For Cross Examination." As discussed in the Reply, the TBIT Carriers' position that they should not be required to produce each of its witnesses for cross-examination would deny LAWA its due process rights to cross examine testifying witnesses. Contrary to the TBIT Carriers' suggestion, LAWA does not seek to cross-examine their witnesses on standing (an issue decided by the Instituting Order), but on issues that their witnesses have affirmatively raised in their declarations including, but not limited to, issues that go to the veracity of the witnesses and the truthfulness of their testimony. Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholer.com
March 20, 2007 In a submission that is "stunning in its audacity" the TBIT Complainants demand that LAWA produce all of its witnesses for cross examination at the hearing, but suggest that they should not have to produce each of their witnesses because it "would save a great deal of hearing time and witness inconvenience" if their 21 witnesses are not required to appear. Los Angeles World Airports, Los Angeles Board of Airport Commissioners, and the City of Los Angeles strongly disagree. The TBIT Carriers would have this Court believe that the declarations that their 21 witnesses submitted are plain vanilla statements such that there is no real need for cross examination. The TBIT Carriers admit, however, that that is not really true by asserting that the declarations were submitted "primarily to establish the required standing for challenging the imposition of the new M&O charges." While LAWA notes that its intended questioning of the TBIT Carriers' witnesses is not dependent on the need to raise issues affirmatively that are not raised in their declarations, LAWA also notes that the T1/T3 Carriers have asserted in correspondence with LAWA that they might seek to go outside the scope of our witnesses' direct testimony in their declarations by calling our witnesses in their case-in-chief. That practice is not permitted by the Court's Ground Rules. If that is to be permitted, however - and LAWA certainly is not conceding that it should be - that, of course, provides an additional ground for each of the T1/T3 and TBIT witnesses to be present. Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholer.com
March 21, 2007 Pursuant to the Instituting Order issued on March 19, 2007, the T1 /T3 airlines are intending to redact those portions of declarations which pertain to the alleged failure of LAWA to engage in meaningful consultations with the airlines. However, the T1/T3 airlines oppose Respondents' request that the T1/T3 airlines be required to redact "all testimony that refers or relates to" information relating to "the reasonableness and/or justification for the disputed fees beyond a five-year term." The directive in the Order for the ALJ to "make findings as to the reasonableness and/or justification for the disputed fees for a five-year term" was based on an inadvertent factual error in the Order; namely, that the tariff imposing new terminal charges at T1/T3 has "no durational term." Even if the Department does not revise its Order to permit the ALJ to make a ruling as to the reasonableness and/or justification of the terminal charges beyond the initial five years of the new charges, the scope of the redactions sought by Respondents is overly broad. Respondents' request that all parties be ordered to redact all testimony that "refers or relates to" issues excluded from the hearing under the Order. This phrase "refers or relates to" is ambiguous and would introduce tremendous uncertainty into the process of redaction. Counsel: Sheppard Mullin, Roy Goldberg, rgoldberg@sheppardmullin.com
March 21, 2007 Stipulated Motion of Voluntary Dismissal Without Prejudice of China Southern Airlines Complainant, China Southern Airlines Company Limited, with the consent of all other parties and interveners to this proceeding, hereby moves the Department to accept the voluntary dismissal of China Southern without prejudice from the above referenced proceeding. Although China Southern maintains that it has been and will be impacted by Respondents' proposed fee increases, it is not a direct tenant of the Thomas Bradley International Terminal. Therefore, with the consent of all undersigned parties and interveners, China Southern voluntarily dismisses its case against Respondents without prejudice. Counsel: Kaye Scholer, Steven Rosenthal, 202-682-3500, srosenthal@kayescholer.com / Kirkpatrick & Lockhart, James Weiss, 202-628-1700, jim.weiss@klgates.com for TBIT Airlines Served March 21, 2007 Order Setting Prehearing Conference In view of various matters raised by the participants following issuance of the Instituting Order, and to help insure a fair and orderly proceeding, a prehearing conference will be conducted, by telephone, at 4 p.m. (EDT) tomorrow, Thursday, March 22, 2007. By: Richard Goodwin
Delta Air Transport N.V. d/b/a SN Brussels Airlines OST-2003-14336 - Belgium-US Codeshare March 21, 2007 Application for Registration of Trade Name Change DAT respectfully requests that the United States Department of Transportation approve and register a change in the trade name of DAT. As the name change will take effect on March 27, 2007, DAT hereby requests that the Department grant this application expedited consideration prior to this date.
Counsel: Eckert Seamans, Evelyn Sahr Essential Air Service at Burlington, Iowa March 12, 2007 Comments of the Des Moines County Board of Supervisors The Des Moines County Board of Supervisors strongly support Mesa Airlines serving the Southeast Iowa Regional Airport in Burlington, Iowa. Please encourage the Department of Transportation to approve the EAS proposal submitted by Mesa, Option 6, for Burlington service. By: Chairman, Robert Beck, 319-753-8282 International Air Transport Association OST-2007-27664 March 21, 2007 Minutes: TC12 North, Mid, South Atlantic - Africa (Memo 0255) Counsel: IATA, Douglas Lavin OST-2007-27637 - Exemption - Boston-Aruba Scheduled Passenger Filed March 15, 2007 | Issued March 21, 2007 Scheduled foreign air transportation of persons, property, and mail between Boston, Massachusetts and Aruba. By: Paul Gretch Ronald Reagan Washington National Airport Slot Exemptions March 21, 2007 Support Letters for US Airways Counsel: US Airways, Howard Kass OST-2005-21119 - Exemption - US-Canada March 21, 2007 Application for Renewal and Amendment of an Exemption Shuttle America Corporation hereby applies under 49 U.S.C. § 40109 for renewal of an exemption authorizing Shuttle America to continue to provide scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Canada. This authority was initially granted by Notice of Action Taken dated May 27, 2005 (Docket OST-2005-21119) for a two-year period expiring May 27, 2007. Shuttle America requests renewal for a period of at least two additional years, or until 90 days after the Department's final determination on an application of Shuttle America for U.S.-Canada certificate authority, whichever occurs earlier. Shuttle America further requests that its renewed exemption authority be amended to allow Shuttle America to integrate this authority with its existing certificate and exemption authority. Shuttle America continues to operate regional jet service using Embraer 170 airplanes with 70 or more seats under fee-for-service agreements with major U.S. airlines, and the service Shuttle America provides under these agreements includes U.S.Canada routes. Shuttle America anticipates that its transborder service will continue to expand, and requires renewal of its U.S.-Canada exemption authority so it is able to respond promptly to the service requirements of its major U.S. airline code-share partners. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com OST-2005-22922 - Approval of and Antitrust Immunity for Alliance Expansion Agreements and an Amended Coordination Agreement March 20, 2007 Confidentiality Affidavit of US Airways - Howard Kass Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com Filed February 28, 2007 | Approved March 21, 2007 Department Action on Application of Polar Air Cargo We will require the carrier to institute service no later than October 28, 2007. By: Esta Rosenberg March 21, 2007 American Airlines Does Not Intend to File Objections American Airlines does not intend to file objections to show-cause Order 2007-3-16, March 20, 2007, tentatively granting the application of Virgin America for a certificate of public convenience and necessity. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com Volga-Dnepr J.S. Cargo Airline OST-2007-27675 - Emergency Exemption - Columbus-Boeing Field March 20, 2007 Application for an Emergency Exemption Volga-Dnepr J.S. Cargo Airlines respectfully requests an emergency exemption from the provisions of 49 U.S.C. §§ 40109(g) and 41703(c), and otherwise applicable provisions of the Department of Transportation regulations, so as to permit Volga-Dnepr to operate one one-way all-cargo charter flight utilizing Volga-Dnepr’s AN-124-100 aircraft to transport outsized cargo between Columbus, Ohio and Seattle/Boeing Field, Washington on or around March 22, 2007. The outsized cargo transported by Volga-Dnepr between Columbus and Boeing Field will consist of three General Electric Aircraft Engines GE90-115 aircraft engines with the total payload of up to 50,000 kgs, and each engine, in installed configuration in which it needs to be shipped, having the dimensions measuring 25.3 x 13 x 12.6 feet and weighing 11,833 kgs. As such, the engines in question cannot be accommodated by commercially available U.S. carrier aircraft. The engines need to be urgently delivered to Boeing Field for installation on Boeing 777 aircraft to support Boeing’s final assembly and delivery schedules. The circumstances of the requested shipment, that is one of a series of similar shipments required by GEAE, are reflected in the GEAE letter attached hereto, as well as in similar applications by Antonov Airlines, submitted and approved earlier in Dockets OST-2006-26361; OST-2006-26474; OST-2006-26568; and OST-2006-26749. Counsel: The Wicks Group, Glenn Wicks, 202-457-7790 |
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