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OST Docket Filings for September 12, 2007
Updated:
| Applications and Renewals:
Virgin America - Petition for Exemption or Modification of Requirements of Order 2007-5-11 Answers and Replies: EAS at Vernal, UT - Uintah County in Support of Great Lakes Airlines US Airways - Polling Request and Results (Los Angeles/San Francisco-Sydney/Melbourne Amendment) US-China - Congressional Support Letter for Delta Notices of Action Taken: Hawaiian Airlines - Honolulu-Sydney Renewal US Airways - Los Angeles/San Francisco-Sydney/Melbourne Amendment / US-Fiji US Airways and Air New Zealand - US-New Zealand and Beyond Codesharing Volga-Dnepr - Emergency Exemptions - Columbus-Boeing Field (2) Notices and Orders: Intra-Alaska Bush Mail Rates - Quarterly Fuel Cost Adjustments LAB - Consent Order US-Mexico - Inviting Applications for Combination and All-Cargo Service US-UK Alliance Case - Granting Prospective Authority to Star Alliance Virgin America - Establishing Answer Period to Petition for Exemption or Modification |
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Essential Air Service at Vernal, Utah September 4, 2007 Uintah County in Support of Great Lakes Airlines In a unanimous vote at the Airport Board Meeting on Wednesday, August 22, 2007, the Board recommended that Great Lakes Airlines be the Essential Airline Service for Vernal, Utah. On August 24, 2007, in a joint Vernal City/Uintah County Meeting, the Uintah County Commissioners and Vernal City Council Members unanimously chose Great Lakes Airlines as the air carrier of choice for our area. By: Uintah County Commission, Mike McKee OST-2004-16923 - Exemption - Honolulu-Sydney Filed September 30, 2005 | Issued September 12, 2007 Renewal of scheduled foreign air transportation of persons, property, and mail between Honolulu, Hawaii, on the one hand, and Sydney, Australia, on the other, and points beyond the gateway in Australia. Hawaiian's authority for service beyond Sydney is limited to the Australian cities available for service by U.S. carriers under the U.S.-Australia bilateral agreement. By: Paul Gretch Intra-Alaska Bush Service Mail Rates Issued and Served September 12, 2007 Bush Quarterly Fuel Cost Adjustments By this order, the Department is making its regular quarterly adjustments to the three classes of Intra-Alaska bush mail rates to reflect the most recent quarterly fuel costs. The new rates are to be effective on September 29, 2007, and reflect fuel expenses for the quarter ended June 30, 2007.
By: Todd Homan Order 2007-9-11 Issued and Served September 12, 2007 This order concerns violations by Lloyd Aereo Boliviano, S.A. of the requirements of 14 CFR Part 382, with respect to filing annual reports detailing disability-related complaints that the foreign air carrier received from passengers in calendar years 2004, 2005, and 2006. Part 382 implements the Air Carrier Access Act, 49 U.S.C. 41705, and violations of that part also violate the ACAA. This order directs Aereo Boliviano to cease and desist from future similar violations of Part 382 and the ACAA and assesses the carrier $10,000 in civil penalties. By: Rosalind Knapp Order 2007-9-10 The Department has identified the following proceedings as moot, inactive, or pending the applicant’s request for withdrawal or dismissal. It is in the public interest for purposes of administrative management to terminate the proceedings and close the corresponding dockets, and we will do so under authority assigned by the Department in its Regulations, 14 CFR §385.3 and §385.13. By: Paul Gretch Served September 12, 2007 By this Notice, we invite U.S. carriers to file exemption applications for new U.S.-Mexico combination and allcargo air transportation services as set forth below. Under the amended U.S.-Mexico aviation agreement, additional designation opportunities become available to both combination and all-cargo carriers for direct carrier (own-aircraft) services between points in the United States and Guadalajara and points in the United States and Monterrey. 'These new opportunities are available as of October 26, 2007. For Combination service, the United States may designate up to a total of three (instead of two) U.S. carriers to provide direct-carrier scheduled combination air transportation between (1) any U.S. point and Guadalajara and (2) any U.S. point and Monterrey. Similarly, for all-cargo service, the United States may designate up to a total of three (instead of two) U.S. carriers to provide direct carrier scheduled all-cargo air transportation between (1) any U.S. point and Guadalajara and (2) any U.S. point and Monterrey. Applications should be filed no later than seven business days from the service date of this notice. By: Paul Gretch Order 2007-9-12 Issued and Served September 12, 2007 The Department grants prospective authority to certain Star Alliance carriers for a global immunized alliance that is now authorized to include bmi as a full partner and operate in the U.S.-U.K. market. Upon the effective date of this authority, the immunized group will include United, Air Canada, Austrian, bmi, Lufthansa, LOT, SAS, Swiss, and TAP. The authority granted here, which is subject to standard conditions, will become effective on March 30, 2008, when the U.S.-EU Air Transport Agreement is implemented provisionally. We note that no interested party has submitted a comment, much less an objection, to United’s and bmi’s motion. We find that the applicable conditions precedent in Order 2002-4-4, as amended, will be met, and it is in the public interest to grant the motion. By: Andrew Steinberg
OST-2003-15696 - Exemption - Los Angeles/San Francisco-Sydney/Melbourne, Australia
September 11, 2007 Email Message - US Airways Polling Request DOT has asked that we (re)serve you in the above matters. Thus, I am requesting that you both review the above documents and send back to me whether your client has any objections or not. There are two documents - 1) is a request for US Airways to expand its current Australia service rights; and, 2) to whether or not your client objects to the designation of Adelaide as a gateway for third-country code sharing between US/NZ via Wellington, New Zealand. Counsel: US Airways, Howard Kass
September 12, 2007 Email Message - Polling Results I have spoken with both UA and HA, and neither has any objection to the Adelaide designation. Counsel: US Airways, Howard Kass Filed June 2, 2005 | Amended August 14, 2007 | Issued September 11, 2007 Renew scheduled foreign air transportation of persons, property, and mail between Los Angeles and San Francisco, California, on the one hand, and Sydney and Melbourne, Australia, on the other hand, and for renewal of its corresponding route integration authority. US Airways operates these services under its code-share arrangement with United Air Lines, Inc. Amend scheduled foreign air transportation of persons, property, and mail between Los Angeles and San Francisco, California, on the one hand, via intermediate points, and Sydney, Melbourne, Perth, Rrisbane, Cairns and Adelaide, Australia, on the other hand. US Airways intends to operate this service under a code-share arrangement with Air New Zealand Limited. US Airways and Air New Zealand jointly applied for statements of authorization to implement codesharing arrangements. See concurrently issued Notice of Action Taken in Docket OST-2007-29024 and the conditions therein. The carrier's request for route integration authority has been superseded by Order 2006-1-1, where the Department awarded US Airways a blanket route integration certificate. By: Paul Gretch
OST-2007-29026 - Exemption - US-Fiji Filed August 14, 2007 | Issued September 11, 2007 Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States via intermediate points to any point or points in Fiji and beyond to New Zealand. US Airways intends to provide service under a code-share arrangement with Air New Zealand Limited. US Airways and Air New Zealand jointly applied for statements of authorization to implement codesharing arrangements. See Docket OST-2007-29024. We are taking concurrent action in that Docket. By: Paul Gretch US Airways, Inc. and Air New Zealand Limited OST-2007-29024 - Statements of Authorization - US-New Zealand and Beyond Codesharing Filed August 14, 2007 | Approved September 11, 2007 Department Action on Application Joint application of US Airways, Inc. and Air New Zealand Limited for blanket statements of authorization to permit (a) US Airways to display Air New Zealand's (NZ*) designator code on flights operated by US Airways (1) between any points within the United States in conjunction with services held out by Air New Zealand between New Zealand and the United States (either non-stop or via third country intermediate points); and (2) between any points in the United States and any points in third countries; and (b) Air New Zealand to display US Airways' (US*) designator code on flights operated by Air New Zealand (1) between any point in New Zealand and any point in the United States, either nonstop or via third country intermediates; (2) between any points in New Zealand and points in third countries; (3) between any points in the United States and points in third countries; and (4) between any points in New Zealand. US Airways' request includes its affiliated carriers, America West Airlines, Inc., Piedmont Airlines, Inc. and PSA Airlines, Inc. By: Shelita Smith 2007/2008/2009 US-China Frequency Allocation Proceeding September 10, 2007 Re: Congressional Support for Delta Air Lines
OST-2007-29229 - Exemption or Modification of Order 2007-5-11
September 11, 2007 Petition for an Exemption or Modification Virgin America, Inc. respectfully petitions the Department for an exemption from or modification to the requirements of Order 2007-5-11 on the final term for its current Chief Executive Officer. Specifically, Virgin America requests that it be able to convert the three month DOT-permitted consultancy period of Mr. Fred Reid, its CEO, into three months fall time tenure as CEO. This conversion would allow Mr. Reid to remain in his current position as CEO until February 18, 2008, a period of nine months instead of the currently permitted six month period that was to be followed by three months as a consultant. Counsel: Pillsbury Winthrop, Kenneth Quinn, 202-663-8000, kquinn@pillsburylaw.com Served September 12, 2007 Notice Establishing Answer Period to Petition for an Exemption or Modification On September 11, 2007, Virgin America Inc., a U.S. certificated air carrier, filed a petition requesting the Department to provide it relief from the condition related to the employment period set forth for Mr. Frederick W. Reid, its Chief Executive Officer. Specifically, Virgin America requested that it be able to convert the three-month consultancy period of Mr. Reid into three full months as CEO of the company. The company requested that we act on its petition by September 17. Based on our review of the applicant’s request, we have decided to give interested parties until noon on September 14 to file answers to Virgin America’s petition, with replies due no later than noon on September 17. The Department conditioned the effectiveness of Virgin America’s authority to, among other things, it amending its employment contract with Mr. Reid to provide for the termination of his employment with Virgin America as CEO within 180 days of the issuance of the Final Order in this case (i.e., May 18, 2007), and any follow-on consultancy within 90 days following his termination of employment. By: Todd Homan Volga-Dnepr J.S. Cargo Airline
OST-2007-29213 - Emergency Exemption - Columbus-Boeing Field Filed September 7, 2007 | Issued September 10, 2007 Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate one one-way all-cargo charter flight from Columbus, Ohio, to Seattle/Boeing Field, Washington, during the period September 11-12, 2007, using its AN-124 aircraft to transport GE 90-115 aircraft engines 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 to support Boeing’s final assembly and delivery schedules; 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 wouId take. We were persuaded that the need to deliver the engines promptly in order to meet the urgent delivery and installation schedules of Boeing; the fact that the cargo could not be transported by surface means because ofthe 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 operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to GEAE and Boeing. By: Andrew Steinberg
OST-2007-29223 - Emergency Exemption - Columbus-Boeing Field Filed September 10, 2007 | Issued September 12, 2007 Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate two one-way all-cargo charter flight from Columbus, Ohio, to SeattleiBoeing Field, Washington, during the period September 13-21, 2007, using its AN-124 aircraft to transport GE 90-115 aircraft engines 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 to support Boeing’s final assembly and delivery schedules; 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 Boeing; the fact that the cargo could not be transported by surface means because ofthe 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 operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to GEAE and Boeing. By: Andrew Steinberg
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