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Compass Airlines
http://www.compassairline.com/
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OST-2006-24295 - Transfer of Certificate Authority
March 27, 2006 Joint Application for Transfer of Certificate Authority Independence Air, Inc. and Compass Airlines, Inc. submit this joint application for the transfer to Compass of the certificate of public convenience and necessity issued to Independence Air by Order 2004-11-9 on November 15, 2004 authorizing Independence Air to engage in interstate scheduled air transportation pursuant to Section 41102, Title 49, of the Code. The applicants respectfully request that this application receive expedited consideration in order that regional jet air transportation services under Independence Air's economic authority may be resumed as quickly as possible. In this regard, Compass anticipates commencing service in June, 2006. To that end, the applicants pledge their complete cooperation to the Department's staff in responding to any matters that may be raised by this application. Counsel: Independence - Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com / Compass - Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wfr.com
March 27, 2006 Motion for Confidential Treatment Compass Airlines, Inc. herewith moves to withhold from public disclosure the confidential information in the exhibits in the above-captioned joint application. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wfr.com
OST-1995-236 - Warsaw Agreements March 30, 2006 Counsel: Compass
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
OST-2006-24295 - Transfer of Certificate Authority
March 22, 2007 Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
April 9, 2007 Establishing Effectiveness of Certificate Compass intends to start operation no later than May 2, 2007. The following information is provided to establish the effectiveness of Compass’ Certificate:
Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
April 11, 2007 Establishing Effectiveness of Certificate - Follow Up As a follow-up to our letter of April 9th, the attached letter supplements the statement made relating to Northwest Airlines providing financial resources to Compass to cover its costs. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
OST-2007-28132 - Exemption - US-Canada Open Skies May 3, 2007 Compass is a newly certificated carrier, and is a wholly owned subsidiary of Northwest Airlines Corporation. Earlier this week, the Department issued Compass an effective certificate to engage in interstate scheduled air transportation (Order 2007-4-28), and on May 2, 2007 Compass celebrated its first revenue flight. Compass will initially operate four aircraft and plans to operate a fleet of 36 Embraer EMB-175 regional jet aircraft in Northwest Airlink service. Compass begins taking delivery of its EMB-175s in the third quarter of 2007. The EMB-175 will accommodate 76 passengers in a dual class configuration, with 12 seats in first class and 64 seats in coach class. Compass plans to deploy its new EMB-175s on a variety of U.S.-Canada transborder routes, and requests prompt approval of this application so that Compass can begin advance sales and marketing activities. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2007-28132 - Exemption - US-Canada Open Skies May 7, 2007 This is to confirm that we have completed a poll of all carrier representatives in the above-captioned matter. There are no objections to Compass’s application or its request for expedited action. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2006-24295 - Transfer of Certificate Authority from Independence Air June 7, 2007 On September 26, 2006, the Department of Transportation issued a Final Order (Order 2006-9-24) finding that Compass Airlines, Inc. is "fit, willing, and able to engage in interstate scheduled air transportation of persons, property, and mail." Compass hereby advises the Department that Mr. Neal Cohen will no longer serve as CEO of Compass, as a result of other management responsibilities with Northwest Airlines. Compass will no longer have a CEO position. Mr. John Bendoraitis, Compass' current President, will remain in that position and will be the senior ranking executive at the company. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
OST-2007-28132 - Exemption - US-Canada Open Skies Filed May 3, 2007 | Issued August 6, 2007 Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, via intermediate points, to a point or points in Canada, and beyond. Compass is authorized to engage in interstate scheduled transportation using large aircraft, subject to the restriction that its operations are performed under a fee-for-service agreement with Northwest Airlines, Inc., or a similar agreement with a major U.S. air carrier (see Order 2007-4-28). Compass states that it is a wholly-owned subsidiary ofNorthwest and will operate as a Northwest Airlink partner, whereby its services will be sold and marketed under Northwest’s “NW*” code. By: Paul Gretch
OST-2007-29323 - Exemption - Detroit-Monterrey September 21, 2007 Compass seeks exemption authority to provide scheduled foreign air transportation of persons, property and mail on the Detroit-Monterrey route. Compass will operate the services on a daily, year-round basis beginning on or about June 1, 2008. Compass plans to utilize new, state-of-the-art Embraer EMB-175 aircraft configured with 12 first and 64 coach class seats (76 total seats). Compass is in the midst of taking delivery of its new fleet of 36 EMB-175s, and will have ample new aircraft available to fund this service. Compass requests that the Department issue the exemption for a period of at least two years, and notify the Mexican civil aviation authorities, as appropriate, of Compass’s designation on the subject route. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2006-24295 - Transfer of Certificate Authority from Independence Air January 11, 2008 Application for an Amendment of Certificate Compass hereby applies to the Department for an amendment to its certificate of public convenience and necessity to remove Condition 4 to Compass's certificate, so that Compass's air carrier authority will not be limited solely to operations performed under a fee-for-service agreement with major U.S. carriers. Compass has no immediate plans to operate any flights outside of its established major carrier relationship with Northwest. However, the absolute restriction of Condition 4 is blocking Compass' ability to secure permanent operating rights in foreign jurisdictions, i.e. Canada, and unnecessarily restricts Compass' ability to respond to market opportunities. By Order 2007-11-27, the Department eliminated a similar condition to Republic Airline's air carrier certificate. Compass recently provided updated fitness information to the Department, demonstrating its ability to expand its fleet to 36 new, state-of-the-art EMB-175 aircraft. This request was approved by a DOT fitness letter on December 27, 2007. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
OST-2006-24295 - Exemption - US-Canada January 18, 2008 Application to Amend Exemption Compass Airlines, Inc. hereby requests amendment of its u.S.-Canada exemption (Notice ofAction Taken, Docket OST-2007-28132; issued on August 6, 2007) to remove the condition which limits Compass's authority to operations performed under a fee-for-service agreement with major U.S. carriers. Compass respectfully requests that the Department amend the U.S.-Canada exemption condition described herein simultaneously with the amendment of Compass's Interstate Certificate Authority in Docket OST-2006-24295. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com OST-2006-24295 - Transfer of Certificate Authority
January 25, 2008 On January 11, 2008, Compass Airlines, Inc. submitted an Application of Compass Airlines, Inc. to amend its certificate of public convenience and necessity to remove Condition 4 to Compass' certificate so that Compass' air carrier authority will not be limited solely to operations performed under a fee-for-service agreement with major U.S. carriers. Compass said it would poll all parties served with the application and would report that information to the Department. On behalf of Compass, I have polled the air carriers on the service list and none of the carriers on the list objected to this proposed amendment. Therefore, Compass respectfully requests that the Department eliminate the condition that limits its authority to operations performed under a fee-for-service agreement with major U.S. carriers. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
January 25, 2008 On January 18, 2008, Compass Airlines, Inc. submitted an Application of Compass to amend its exemption to remove the condition which limits Compass's U.S. Canadian authority to operations performed under a fee-for-service agreement with major U.S. carriers. Compass said it would poll all parties served with the application and would report that information to the Department. Therefore, on behalf of Compass, I have polled the air carriers on the service list and none of the carriers on the list objected to this proposed amendment. Therefore, Compass respectfully requests that the Department eliminate the conditions that limit its U.S.-Canadian authority to operations performed under a fee-for-service agreement with major U.S. carriers. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
OST-2006-24295 - Transfer of Certificate Authority May 9, 2008 Compass Airlines, Inc. has applied for an amendment to remove Condition 4 from its certificate of public convenience and necessity -- so that Compass's air carrier authority will not be limited solely to operations under a fee-for-service agreement with major carriers. Although Compass does not have immediate plans for service independent of its existing fee-for-service arrangement with Northwest, removal of this condition is necessary to enable Compass to secure permanent operating authority in foreign jurisdictions, including Canada. To allow Compass to continue its operations to Canada, it is essential that Condition 4 be removed as soon as possible. Compass has met its targeted growth plans and remains a successful regional jet carrier operating more than 80 daily scheduled flights to 27 cities in the United States, Canada, and Mexico. In these circumstances, and in light of Compass's significant management experience and financial resources, the provisional start-up Condition 4 is no longer necessary or required in the pubic interest. To assist the Fitness Division's evaluation of the financial feasibility of operations by Compass, Exhibit A to this Supplement contains a Pro Forma Income Statement for an illustrative service proposal independent of Compass's fee-for-service operations. This service proposal is based on two roundtrip scheduled flights six days per week (Sunday-Friday) and one flight on Saturdays, using one aircraft with 76 seats, and a 400 mile stage length. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
OST-2006-24295 - Amendment of Certificate of Public Convenience and Necessity Under 49 USC Section 41102 May 16, 2008 Re: First Quarter 2008 Balance Sheet and Request for Confidential Treatment Compass Airlines has applied for an amendment to remove Condition 4 from its certificate of public convenience and necessity -- so that Compass's air carrier authority will not be limited solely to operations under a feefor-service agreement with major carriers. For your use and reference in connection with that proceeding, we are providing you an updated balance sheet for the first quarter of 2008. Pursuant to Section 302.12 of the Department's Rules of Practice, Compass Airlines, Inc. hereby moves to withhold from disclosure this non‑public balance sheet information. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
OST-2006-24295 - Amendment of Certificate of Public Convenience and Necessity Under 49 USC Section 41102 May 20, 2008 Re: Ruling on Confidential Treatment With regard to Compass' request for confidential treatment of its current balance sheet, it is not the Department's practice to withhold from public disclosure information relating to the applicant's financial statements, first‑year expense forecasts and forecasted balance sheets, nor is it our practice to withhold from public disclosure documents that contain information that is already publicly available from other sources. Moreover, section 204.3 of the Department's rules requires an air carrier, as part of the fitness determination process, to provide information on its current financial condition in the public docket. Therefore, we are denying Compass' request for confidential treatment. By: Lauralyn Remo
OST-2006-24295 - Transfer of Certificate Authority May 23, 2008 Re: Withdrawal of Confidentiality Request In response to the Department's May 20, 2008 letter, Compass Airlines, Inc. hereby withdraws its May 16 letter and request for confidential treatment. Compass is submitting its most recent Form 41 quarterly balance sheet and cash flows for inclusion in the public docket. The record is now complete, and Compass urges the Department to act expeditiously in approving Compass's pending request for an amendment to its certificate, to remove Condition 4. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wileyrein.com
Order 2008-6-17 Issued and Served June 16, 2008 We remove the condition in the interstate certificate of public convenience and necessity issued to Compass Airlines, Inc., by Order 2006-9-24 that limits the air carrier’s scheduled passenger operations to those conducted under a fee-for-service agreement, or a similar agreement, with a major U.S. air carrier. We note that Compass Airlines, Inc., is limited to conducting independent operations using no more than three aircraft. By: Michael Reynolds
OST-2007-28132 - Exemption - US-Canada Open Skies Filed January 18, 2008 | Issued June 19, 2008 Compass requests that the Department amend its exemption granted by Notice of Action Taken dated August 6, 2007, authorizing Compass to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, via intermediate points, and a point or points in Canada, and beyond, to remove the condition that limits Compass’ authority to operations performed under a fee-for-service agreement with major U.S. carriers. On June 16, 2008, the Department granted Compass’ request to amend its certificate for scheduled interstate air transportation, in Docket OST-2006-24295, by removing the restriction on Compass’ operations requiring that its large aircraft services be performed under a fee-for-service arrangement with a major U.S. carrier (see Order 2008-6-17). With our action here, Compass is authorized to operate the subject U.S.-Canada services in its own name or under a code-share arrangement with other U.S. air carriers. (Should the carrier engage in code-share services with another U.S. air carrier pursuant to the authority, as amended here, such operations must be conducted in compliance with the codeshare conditions specified in the original grant of authority in this docket dated August 6, 2007.) The exemption authority granted on August 6, 2007, as amended by this Notice of Action Taken, will expire on August 6, 2009. By: Paul Gretch |
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