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OST-97-2648
Florida West International Airways, Inc. (Exemption Renewal and Frequency Allocation)
OST-97-2648 | June 24, 1997
Requests that the Department of Transportation renew for a two-year period (i) its oneweekly U.S.-Argentina all-cargo frequency; (ii) its exemption to engage in the scheduled foreign air transportation of property and mail between Miami, Florida and Buenos Aires, Argentina; (iii) its exemption to engage in scheduled foreign air transportation of property and mail between Miami, Florida and Uruguay; and (iv) its exemption to engage in scheduled foreign air transportation of property and mail between Miami, Florida and New York, New York/Newark, New Jersey on the one hand, and Caracas and Maracaibo, Venezuela on the other hand.
Counsel: Squire Sanders, Marshall Sincik, 202-626-6651
Florida West International Airways, Inc. (Exemption Renewal)
OST-97-2648 | June 25, 1997
Counsel: Squire Sanders, Heather Boals, 202-626-6790
Florida West International Airways, Inc.
OST-97-2648, OST-97-2646, OST-95-418 | July 3, 1997
Letter from John Coleman to Mark Atwood Regarding Mansour Rasnavad
This is to advise you that, based on our review of this material, we are tentatively of the view that Mr. Rasnavad's performance at Buffalo Airways does not reflect an unsatisfactory compliance disposition. We note that FWIA has recently applied to the Department for renewal of its operating authority beyond the current August 6, 1997, expiration date. The issue of Mr. Rasnavad's participation will be taken up in that proceeding. In the meantime, we have no objection to Mr. Rasnavad's voting his stock interest and serving on the carrier's Board of Directors.
Florida West International Airways (Renewal of Certificate and Exemption Authority / Renewal of Exemption and Frequency Allocation)
OST-97-2646 | OST-97-2648 | July 21, 1997
Answer of Fine Airlines and Motion for Leave to File
In light of Fast Air's continued equity participation in FWIA and the enhanced relationship between the carriers, the Department should continue to subject the carrier to the reporting requirements set forth in Ordering paragraph #10. FWIA continues to test the limits of the Department's policy prohibiting foreign "effective control" of a U.S. carrier; continuation of reporting requirements that can hardly be described as onerous is clearly essential to the Department's ability to monitor this unique and troubling relationship.
Counsel: Wilmer Cutler, Jeffrey Shane, 202-663-6000
Florida West International Airways, Inc. (Renewal of Certificate and Exemption Authority / Frequency Allocation)
OST-97-2646 | OST-97-2648 | July 24, 1997
Reply of Florida West International Airways and Motion for Leave to File
To be perfectly clear, FWIA would strongly oppose the imposition of any unusual condition on its renewed authority. FWIA has had to endure more than its share of financing and other problems because of the short-term restricted authority under which it has labored. FWIA has earned the right to be treated no differently than any other U.S. carrier.
Counsel: Squire Sanders, Marshall Sinick, 202-626-6651
Florida West International Airways, Inc. (Renewal of Certificate Applications)
OST-97-2646 | OST-97-2648 | July 30, 1997
Re: Correspondence from Air Carrier Fitness to Counsel
This refers to the renewal of authority applications filed on behalf of Florida West International Airways (FWIA) in Dockets OST-97-2646 and 2648. The information in these proceedings remains under review at this time. However, our review thus far has revealed some areas, as set out in the enclosed Information Request, where additional and/or clarifying information is needed. We ask that FWIA file the requested information in the above noted dockets within 21 days of the date of this letter. In the meantime, should we need additional information from FWIA as a result of our continued review, we will let you know as soon as possible.
It is our understanding from the information provided that FWIA is currently operating one DC-8-61 aircraft and wet-leasing eight other aircraft. Is this correct? If not, please clarify. If this is correct, based on the forecasts provided, for the remainder of 1997 and for 1998, FWIA is projecting a substantial increase in revenues and profits from its operations than it experienced in past months using what appears to be approximately the same number of aircraft. Please elaborate on the reasons for the assumptions behind these projections. Are any of the current wet-leased aircraft being obtained from Fast Air or Lan Chile or any of their affiliates?
By: Delores King, Air Carrier Fitness Division
Florida West International Airways, Inc.
OST-97-2648 | OST-97-2646 | August 8, 1997
Re: Letter from Air Carrier Fitness to Counsel
Florida West states that for the next few months, it will sublease office and warehouse space from Fast Air. Will Florida West and Fast Air share any resources (including employees (with the exception of Emesto Ramirez who serves on Florida West's Board), financial, or otherwise) in connection with the lease of these facilities?
By: Delores King, Air Carrier Fitness Division
Florida West International Airways, Inc. (Renewal Application)
OST-97-2646 and OST-97-2648
Re: Renewal Application – Letter to Air Carrier Fitness
FWIA is in receipt of both your July 30, 1997 letter, and your letter of August 8, 1997, in which you requested additional information. FWIA has been diligently preparing its response, However, due to vacation schedules and delays in obtaining the necessary information from FWIA’s shareholders, we find it necessary to ask for an extension of time to file the requested information until August 29, 1997.
Counsel: Squire Sanders, Marshall Sinick, 202-626-6600
Florida West International Airways, Inc. (Certificate of Public Convenience)
OST-97-2646 | OST-97-2648
Florida West International Airways, Inc. ("FWIA") respectfully submits this supplement to its application for renewal of its certificate and exemption authority. The information contained in this supplement responds to questions posed by the Department of Transportation (the "Department") in correspondence dated July 30 and August 8, 1997. FWIA's answers generally follow the order of the Department's questions as set forth in its correspondence.
Insofar as the DC-8-71 aircraft are concerned, FWIA's interchange agreement with Fast Air will similarly permit FWIA to select from among four separate DC-8-71 aircraft. This type of arrangement again is designed to provide FWIA with the maximum degree of fleet and schedule reliability. In terms of forecast usage of the DC-8-71, FWIA is planning to start operating the DC-8-71 aircraft this fall with the expectation that usage in the first three-four months should approximate the equivalent of one fulltime aircraft. FWIA still has the $2 million line-of-credit with Atlas Air Cargo. To date, FWIA has not drawn on this line-of-credit. FWIA never finalized the $1 million line-of-credit with the Mercury Air Group because Mercury was going to require that FWIA pay a substantial commitment fee each month. FWIA did not feel that it was prudent to incur such fees for a line-of-credit which FWIA did not, and currently does not, need.
Exhibit 1 | Exhibit 2 | Exhibit 3
Counsel: Squire Sanders, Marshall Sinick, 202 626 6651
Exhibits Available September 2nd p.m.
Florida West International, Inc. (Renewal of Certificates of Public Convenience)
OST-97-2646 | OST-97-2648 | September 2, 1997
On August 29, 1997, Florida West International Airways, Inc. ("FWIA") filed Amendment No. 2 to its Application for Renewal of its Certificate and Exemption Authority in Dockets OST-97-2646 and 2648. At that time, FWIA indicated that it would supply signature copies of Boris Hirmas Rubio's Affidavits in a subsequent filing. Enclosed are the signature copies of Boris Hirmas Rubio's Affidavits which are properly contained in Exhibit 1 of FWIA's Amendment No. 2. FWIA respectfully requests that these documents be appended to its August 29 filing.
Affidavit of Boris Hirmas Rubio
Counsel: Squire Sanders, Heather Boals, 202-626-6600
Florida West International Airways, Inc. - (Response to Request for Additional Information)
OST-97-2646 | OST-97-2648 | October 28, 1997 | Docketed on November 21, 1997
In December 1996, the Chilean Antitrust Commission charged Lan Chile, Ladeco and another Chilean airline (which is unrelated to Lan Chile/Fast Air's principals) with certain anticompetitive practices in conjunction with another Chilean regional airline which operates exclusively within Chile. Specifically, the airlines were charged with engaging in anticompetitive and predatory behavior because of their refusal to continue to provided maintenance services to the regional airline and their offer of lower fares in certain markets in an alleged effort to adversely affect the regional airline. This matter was concluded in July 1997 with a payment by the parties of a $340,000 fine to the Chilean Antitrust Commission. Lan Chile, Ladeco and Fast Air, including their principals and subsidiaries, have not been previously charged with any such practice nor have any such charges been subsequently filed.
Statement of Operations
| May | June | July | August | Year-to-Date: January thru August | |
| Revenues | 4,918,234 | 6,102,604 | 5,936,379 | 8,183,426 | 43,773,629 |
| Expenses | 4,842,993 | 6,237,925 | 5,849,184 | 8,120,715 | 43,576,362 |
| Profit/(Loss) | 75,241 | (135,321) | 87,195 | 62,711 | 197,267 |
Counsel: Squire Sanders, Marshall Sinick, 202.626.6651
U.S.-Argentina All-Cargo Frequency Proceeding
Joint Application of
Federal Express Corporation, Arrow Air, Inc., and Florida West
International Airways, Inc. (Transfer of Frequency
Allocations in US-Argentina All-Cargo Frequencies)
Applications of Arrow Air, Inc., Federal Express Corporation,
Fine Airlines, Inc., Polar Air Cargo, Inc., and Southern Air
Transport, Inc. (Allocation of Frequencies and/or
Exemption Authority in US-Argentina All-Cargo Frequencies)
Application of Florida West International Airways, Inc. (Renewal
of Frequency Allocation)
Motion and Request of Challenge Air Cargo, Inc.
(For Clarification of Department's August 14, 1997 Notice
Regarding US-Argentina All-Cargo Services)
Application of Challenge Air Cargo (Renewal of
Exemption)
Joint Petition for Review of Staff Action of Federal
Express Corporation and Arrow Air, Inc. (Regarding
August 14, 1997 Notice on US-Argentina All-Cargo Services)
OST-97-3139 | OST-97-2548 | OST-97-2848 | OST-97-2594 | OST-97-2852 | OST-97-2578 OST-97-2855 | OST-97-2648 | Undocketed | OST-96-1042 | Undocketed | November 28, 1997
Motion for Leave to File and Reply of Challenge Air Cargo, Inc. to Answer of Polar Air Cargo, Inc.
Polar has fundamentally misconstrued and mischarachterized the issues raised in Challenge's Petition for Reconsideration of Order 97-11-35. In the interest of a complete and accurate record for the Department's consideration, and given the importance of the issues at stake, Challenge should be given an opportunity to respond. Good cause, therefore, exists for acceptance of this Reply.
Polar contends that because Challenge has the opportunity to participate in this proceeding, its procedural rights have been protected. Polar is flat wrong. Challenge cannot lawfully be placed in a position where it has to recompete for frequencies that it has already been awarded based on an unarticulated use standard. In exercising its frequency allocation, Challenge has justifiably relied on the Department's 90-day dormancy condition and its prior statements of policy.
Counsel: Zuckert Scoutt, William Calloway, 202.298.8660
Florida West International Airways, Inc. (Renewal of Certificate Authority, Exemption Authority and Frequency Allocations)
Order 97-1-27 | OST-97-2646 | OST-97-2648 | Issued January 26, 1998 | Served January 27, 1998
Order Renewing Certificate and Exemption Authority
By this order, we find that Florida West International Airways, Inc. (FWIA) continues to be fit, willing, and able to provide interstate and foreign scheduled all-cargo air transportation, and we renew its certificate and exemption authority.
Mansour Rasnavad, the carrier's majority shareholder and its then-Chairman had been the Chief Executive Officer of Buffalo Airways, another certificated air carrier, during a time when that carrier's compliance with FAA regulations and the Department's Form 41 reporting requirements was deteriorating. Our concerns were exacerbated by what appeared to be an evasiveness on the part of Mr. Rasnavad concerning his involvement with Farhad Azima, Buffalo's owner and a long-time associate of Mr. Rasnavad's. Prior to our tentatively finding FWIA fit in Order 9-6-19, however, FWIA advised us that Mr. Rasnavad intended to divest himself of all, or most, of his interest in FWIA.
After carefully considering the supplementary information he had provided, we advised Mr. Rasnavad by letter dated July 3, 1997, that it was our tentative view that his past performance at Buffalo did not reflect an unsatisfactory compliance disposition on his part. As a result, at that time, we noted that we had no objection to Mr. Rasnavad's voting his stock and serving on FWIA's Board pending a decision in the instant renewal proceeding. We remain of that view and will not impose any restrictions on Mr. Rasnavad's financial or directorial involvement with FWIA at this time.
Certificates | Attachment - Service List
By: Charles Hunnicutt
Florida West International Airways, Inc.
| OST-96-1028 OST-97-2648 |
May 23, 2001 | Application for Amendment of Exemption Authority | U.S.- Argentina All-Cargo |
| Service List |
Amend its existing U.S.-Argentina scheduled all-cargo authority to reflect the broader authority available to U.S. cargo carriers pursuant to the August 12, 1999 Memorandum of Consultations agreed to by the U.S. and Argentina. Accordingly, FWIA respectfully requests that the Department issue it an exemption to conduct scheduled foreign air transportation of property and mail between any point or points in the United States via intermediate points in both directions to a point or points in Argentina and beyond. FWIA also requests that this authority be integrated with its other all-cargo certificate and exemption authority, and that it be permitted to commingle traffic in operations conducted pursuant to these authorities consistent with applicable agreements between the U.S. and foreign countries. FWIA requests that this authority be granted for a two-year period.
Counsel: Squire Sanders, Marshall Sinick, 202.626.6651, msinick@ssd.com
Florida West International Airways, Inc.
| OST-97-2648 | Filed June 24, 1997 Amended May 23, 2001 Issued June 12, 2001 |
Notice of Action Taken | U.S.- Argentina All-Cargo |
Renew exemption authority and allocation of one-weekly U S.-Argentina all-cargo frequency to provide scheduled foreign air transportation of property and mail between Miami, Florida, and Buenos Aires, Argentina.
By: Paul Gretch
April 24, 2003
OST-97-2648 - US-Argentina-Beyond All-Cargo
Application for Renewal of Exemption Authority
Hereby requests renewal of its exemption authorizing it to engage in the foreign air transportation of property and mail (1) from points behind the United States, via the United States and intermediate points, to a point or points in Argentina and beyond; and (2) between Argentina and any point or points. FWIA also requests that this authority be integrated with all other services it is otherwise authorized to conduct pursuant to its exemption and certificate authorities, consistent with applicable agreements between the U.S. and foreign countries.
Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
Filed April 24, 2003 | Issued May 16, 2003
OST-97-2648 - US-Argentina All Cargo
Notice approving renewal exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of property and mail (1) from points behind the United States, via the United States and intermediate points, to a point or points in Argentina and beyond; and (2) between Argentina and any point or points, and to integrate this authority with its existing exemption and certificate authority. The above action with respect to Florida West's exemption authority was effective when taken: May 16, 2003, through May 16, 2005 Petitions are due: May 27, 2003
By: Paul Gretch
OST-97-2648 - US-Argentina
March 16, 2005
Application for Renewal of Exemption
Pursuant to 49 U.S.C. 40109 and Part 302, Subpart C of the Procedural Regulations of the Department of Transportation , Florida West International Airways, Inc. hereby requests that the Department renew its exemption permitting it to (1) engage in the foreign air transportation of property and mail (a) from points behind the United States, via the United States and intermediate points, to a point or points in Argentina and beyond; and (b) between Argentina and any point or points; and (2) integrate this authority with all other services it is otherwise authorized to conduct pursuant to its exemption and certificate authorities, consistent with applicable agreements between the U.S. and foreign countries. This authority was last renewed by the Department on May 16, 2003, for a two-year period. FWIA requests renewal of this exemption for an additional two-year period on its existing terms and conditions.
Counsel: Squire Sanders, Marshall Sinick, 202-626-6651, msinick@ssd.com
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