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OST Docket Filings for March 29, 2007
Updated:
| Applications and Renewals:
Aeromexico - Mexico City-Minneapolis; Mexico City/Guadalajara-Seattle Air Dolomiti - Intra-Europe Codeshare with US Airways Renewal Delta - US-EU Exemption and Certificate of Public Convenience and Necessity Eurowings - Intra-Europe Codeshare with US Airways Renewal Shanghai Airlines - US-China via Tokyo Renewal and Amendment Answers and Replies: Aerolineas Argentinas - 166th Escrow Deposit Report DCA Slots - Response of AirTran to Motion of US Airways EAS at Ironwood, MI & Ashland, WI - Documents Placed in Wrong Docket NPRM - Disability in Air Travel - Medical Oxygen - Supplemental Comments of Air Transport Association Santa Barbara Airlines - Preliminary Answer of Amerijet (Venezuela-US All-Cargo) South African - Reply of South African (US-South Africa Codesharing with Delta) Travel Group, et al - Status Report Notices of Action Taken: Alaska Airlines - US-El Salvador Codeshare with American Mexicana - Mexico City/Guadalajara-Bakersfield PrivatAir - Switzerland-US Charters Renewal Notices and Orders: None |
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March 28, 2007 Re: One-Hundred-Sixty-Sixth Escrow Deposit Report This is the ONE‑HUNDRED‑SIXTY‑SIXTH Escrow Deposit Report for the week ended March 25, 2007. Aerolineas made a deposit into the escrow of U.S. $29,510.79 ($25,193.94 for the week ended March 25, 2007, plus $4316.94, representing the adjustments to the four estimated reports, ONE‑HUNDRED‑FIFTY‑FIFTH through ONE‑HUNDRED‑FIFTY‑EIGHTH, for a total escrow amount of U.S. $4,470,395.28. While $29,510.88 was intended to be sent, $29,510.79 was actually sent to the bank, a shortage of $09. Therefore, an additional amount of $09 will be added to next weeks report. Counsel: Rosen Weinhaus, Josh Romans Aerovias de Mexico, S.A. de C.V. OST-2007-27781 - Exemption - Mexico City-Minneapolis; Mexico City/Guadalajara-Seattle March 29, 2007 Application for an Exemption from 49 USC 41301 By this application, Aeromexico seeks an exemption to engage in scheduled foreign air transportation of persons, property and mail between Mexico City and Minneapolis and between Mexico City and Guadalajara, on the one hand, and Seattle, on the other. On or about July 1, 2007, Aeromexico proposes to offer daily nonstop round trip service over each route, utilizing B‑737‑700 or other appropriate aircraft The proposed nonstop services will generate significant benefits for the traveling and shipping public. Counsel: Law Offices of John Mietus, William Evans, 410-827-5074, bill@mietuslaw.com OST-2005-20657 - Exemption and Statement of Authorization - Codeshare with US Airways March 29, 2007 Application for Renewal of an Exemption Air Dolomiti S.p.A. LARE hereby applies for renewal of an exemption from 49 U.S.C. § 41301 permitting Air Dolomiti to display the designator code of US Airways, Inc. on all flights operated by Air Dolomiti on behalf of Deutsche Lufthansa AG within Europe. Air Dolomiti holds exemption authority permitting Air Dolomiti to display US Airways' "US" designator code on all flights operated by Air Dolomiti on behalf of Lufthansa between points within Europe. Notice of Action Taken dated April 25, 2005 (Docket OST-2005‑20657). Counsel: Wilmer Hale, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com OST-2007-27733 - Exemption - US-El Salvador Codeshare with American Airlines Filed March 23, 2007 | Issued March 28, 2007 Scheduled foreign air transportation of persons, property, and mail from points behind the United States via the United States and intermediate points to a point or points in and El Salvador and beyond, pursuant to Alaska's code-share agreement with American Airlines. Alaska states that it intends to begin code-share service with American between Los Angeles and San Salvador in late April 2007, by placing its "AS" designator code on flights operated by American. By: Paul Gretch Compania Mexicana de Aviacion, S.A. de C.V. OST-2005-21970 - Exemption - Mexico City/Guadalajara-Bakersfield Filed July 21, 2005 | Issued March 29, 2007 Exemption from 49 USC § 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail between Mexico City and Guadalajara, Mexico, on the one hand, and Bakersfield, California, on the other hand. Federal Inspection services for the entry of international traffic were not previously available at Bakersfield. On March 27, 2007, we were advised by the U.S. Customs and Border Protection that it will now make these services available at Bakersfield. We have thus decided to proceed on Mexicana's request and are doing so in the expectation that Federal Inspection services at Bakersfield will continue to remain available. By: Paul Gretch OST-2007-27782 - Exemption and Certificate of Public Convenience and Necessity - US-European Community Member States March 29, 2007 Application for an Exemption and a Certificate of Public Convenience and Necessity The U.S.-EU Agreement is expected to be signed on April 30, 2007, and to take full effect on March 30, 2008. Delta is eager to obtain the broadest possible authority to enable Delta to plan and effectively market new transatlantic services commencing on the very first day the new opportunities become available. Advance authority covering the full scope of combination services contemplated by the Agreement will ensure that Delta is poised to compete with other U.S. and foreign airlines that are undoubtedly equally eager to take advantage of the new opportunities, and will provide the traveling and shipping public with the extraordinary pricing and competitive benefits that will accompany the expansion of services by Delta. Accordingly, pursuant to 49 U.S.C. § 40109 and 41102, 14 C.F.R. Part 302, and the Department's August 23, 2005, Notice in Docket OST-2005-22228, Delta hereby applies for an exemption and a certificate of public convenience and necessity authorizing Delta 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 any European Community Member State or States, either directly or via any intermediate point or points, and beyond. Delta requests that its application be decided on the basis of written submissions pursuant to 14 C.F.R. § 302.207 and, to the extent warranted, the Streamlined Licensing Procedures Notice. Specifically, Delta requests that, as soon as possible, but no later than the date the U.S.-EU Agreement is signed the Department issue a single Order:
If the Department proceeds under option (2), as soon as possible thereafter, the Department should issue a Final Order granting Delta's U.S.-EU open skies certificate, valid for an indefinite duration. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com Essential Air Service at Ironwood, Michigan and Ashland, Wisconsin OST-1999-5712 - EAS at Ironwood, MI/Ashland, WI March 22, 2007 Re: Memorandum - Documents Placed in Wrong Docket We have recently learned that we have inadvertently caused a number of documents to be issued or filed in an incorrect docket. More specifically, ten items which should have been issued or filed in Docket OST-1996-1266 have been entered in Docket OST-1999-5712. By: EAS & Domestic Analysis OST-2005-20658 - Exemption and Statement of Authorization - Codeshare with US Airways March 29, 2007 Application for Renewal of an Exemption Eurowings Luftverkehrs AG hereby applies for renewal of an exemption from 49 U.S.C. § 41301 permitting Eurowings to display the designator code of US Airways, Inc. on all flights operated by Eurowings on behalf of Deutsche Lufthansa AG within Europe. Eurowings holds exemption authority permitting Eurowings to display US Airways' "US" designator code on all flights operated by Eurowings on behalf of Lufthansa between points within Europe. Notice of Action Taken dated April 21, 2005 (Docket OST-2005‑20658). Counsel: Wilmer Hale, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com Nondiscrimination on the Basis of Disability in Air Travel - Medical Oxygen and Portable electronic Respiration Assistive Devices March 28, 2007 Re: Additional Comments of The Air Transport Association of America Submits these supplemental comments on the medical oxygen rule proposed by DOT because significant rulemaking relating to the transport of oxygen recently was promulgated by the Pipeline and Hazardous Materials Safety Administration As discussed below, this final rule directly affects the proposed rule in this docket. In addition, PHMSA recently reported that additional rulemaking relating to the transportation of lithium batteries, a primary power source for many portable medical oxygen devices, is imminent. Regulatory changes impacting passenger airlines' ability to transport items containing oxygen and lithium batteries in the cargo hold of aircraft have direct and substantial impact on the NPRM. On December 15, 2006, a battery powered personal air filter device "Fresh Air Buddy" worn around a passenger's neck burst into flames during flight, injuring the passenger and requiring the aircraft to divert from its scheduled route to make an emergency landing. Dozens of passengers were treated for smoke inhalation and complaints related to the Halon fumes used to suppress the fire. Several passengers were hospitalized; two seats on the aircraft had holes burned in them and had to be replaced. The exact cause of the fire remains unknown; the respiratory device contained a battery. Over the past several years, PHMSA has received a number of incident reports involving overheated batteries on aircraft and is working with FAA and the NTSB to address these issues to minimize the risk of onboard fires caused by small consumer electronic devices and their batteries. The presence of oxygen in the aircraft cabin or cargo hold significantly increases the risk of a catastrophic event; until battery risks are appropriately addressed, a further relaxing of rules relating to oxygen is contraindicated. Counsel: ATA, David Berg
OST-2001-8859 - Switzerland-US Passenger Charters Filed March 7, 2007 | Issued March 29, 2007 Renew exemption from 49 U.S.C. 41301 to conduct charter foreign air transportation of persons, property, and mail between any point or points in Switzerland and any point or points in the United States, either directly or via intermediate points in other countries, with or without stopovers, and beyond, pursuant to the U.S.-Switzerland Air Transport Agreement; and other charters pursuant to 14 CFR 212 of the Department's regulations. By: Paul Gretch Ronald Reagan Washington National Airport Slot Exemptions March 29, 2007 Motion of AirTran Airways to Respond to US Airways' Motion On March 28, US Airways filed a rambling response about issues not related to the GAO study. Instead, the US Airways comments once again promote the US Airways view that it should be the only operator at DCA although the GAO report emphasizes that it is by far the largest carrier at DCA with 44% of the slots. As to its latest claims, US Airways should take note:
Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com OST-2000-8448 - Exemption - Venezuela-US All-Cargo March 29, 2007 Motion for Leave to File and Preliminary Answer of Amerijet International Amerijet does have issues with the Government of Venezuela which may be relevant to one of the principal issues raised by the Santa Barbara application, whether there is sufficient reciprocity and comity in the bilateral aviation relationship to permit the Department to act favorably on the Santa Barbara application even though it requests authority not contemplated by the terms of the bilateral agreement entered into be the two countries. Amerijet is not prepared to express a position on that question today, and in fairness, it requires additional time within which to determine what course of action it should take with respect to the application. Counsel: John L. Richardson, 202-371-2258, jrichardson@johnlrichardson.com OST-2006-24169 - Exemption - China-US March 29, 2007 Application for Amendment and Renewal of Exemption Shanghai Airlines requests amendment of its exemption to permit it to engage in the scheduled foreign air transportation of property and mail from any point or points in the People's Republic of China, via Tokyo or another point in Japan, to any point or points in the United States open to scheduled international services, using aircraft wet leased from an authorized U.S. or foreign air carrier. Using aircraft wet leased from Shanghai Airlines Cargo Intl. Co., Ltd., Shanghai Airlines plans to initially offer scheduled all-cargo flights between Shanghai and Los Angeles beginning August 1, 2007, and between Shanghai and Dallas/Ft. Worth beginning December 1, 2007. Shanghai Airlines will also offer Shanghai-Chicago scheduled all-cargo service using aircraft wet leased from Shanghai Cargo or another authorized carrier, effective August 1, 2007. Shanghai Airlines further requests renewal of its existing exemption to engage in (i) scheduled transportation of persons, property and mail between any point or points in China and any point or points in the United States, pursuant to its codeshare agreement with United and (ii) charter transportation of persons, property and mail between China and the United States, and other charters pursuant to Part 212, using aircraft wet leased from an authorized U.S. or foreign air carrier. Should the Department not act on Shanghai Airlines' amendment request by May 4, 2007, Shanghai Airlines requests renewal of its exemption to engage in scheduled all-cargo service between Shanghai and Los Angeles, pursuant to a wet lease arrangement with an authorized US or foreign air carrier. Pending in Docket OST-2007-27598 is Shanghai Cargo's application for an exemption and statement of authorization permitting it to wet lease to Shanghai Airliens for these services. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com South African Airways (Pty) Limited OST-1999-6555 - Exemption - US-South Africa March 29, 2007 Reply of South African Airways Delta asserts that the CAA has either delayed or withheld approval of Delta's ability to use all aircraft in its B-767 fleet when flying to/from South Africa, and instead has certified only a limited number of aircraft for such operations. See, Answer of Delta dated March 13, 2007, at 2. Delta asserts that its request has been pending since September 2006. Although SAA does not believe that renewal of its bilaterally-authorized rights should be in any way linked with Delta's compliance with CAA rules, SAA in recent weeks has urged its CAA and Department of Transport to work cooperatively with Delta to resolve Delta's concerns. In response to SAA's inquiry, the South African DOT indicated that Delta's application to add additional aircraft to its fleet was filed in December 2006, and was not complete. The South African DOT has indicated its willingness to approve a completed Delta application on an expedited basis. Counsel for SAA has conferred with counsel for Delta. There apparently is some controversy about when Delta did (or did not) file the needed paperwork with the CAA, and whether that paperwork was complete as filed. Regardless of whether Delta's application was filed in September 2006 (as it claims), or in December 2006 (as the DOT believes), SAA believes that the key issue is that the Government of South Africa is aware of this issue, and does not in any way object to certifying Delta's full B-767 fleet for service to South Africa provided that all of the underlying requirements are met. SAA understands that the CAA has been in contact with Delta's local counsel, and is attempting to resolve Delta's issues. Renewal of SAA's right to serve the United States should not be affected by the issue here. The CAA does not object to Delta's efforts to add additional aircraft to its operating certificate as a matter of principle or law. The CAA has stated that it would have no difficulty in granting Delta's request once the appropriate documentation has been filed. In SAA's view, this statement should hopefully resolve this matter. Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com OST-1995-272 - Enforcement Proceeding March 29, 2007 The Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, pursuant to Your Honor's March 22, 2006, Order staying this proceeding, files this report detailing the current status of this proceeding and settlement negotiations. The Department has not ruled on the outstanding motions filed by Respondents and opposed by the Enforcement Office in Ascend Aviation Group, Docket OST-2004-17486. There have been no further settlement discussions. By: Samuel Podberesky |
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