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OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers
OST-2005-20112 - Notice of Regulatory Review
OST-2007-27790 - Blanket Open-Skies Certificate Authority
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Streamlining Regulatory Procedures for Licensing US and Foreign Carriers OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers Issued August 23, 2005 | Served August 26, 2005 The Department, through its own exploration of how to better serve the public interest, as well as through its desire to be responsive to comments voiced in various fora by affected parties,' has been seeking ways to improve the means by which we carry out procedures related to our international aviation licensing responsibilities. We recognize that the need for such streamlining is especially important in the present highly competitive and largely liberalized international aviation environment, where carriers face pressing demands to maximize efficiency and to minimize costs and the impact of administrative delay. Before issuing a show‑cause order to formally launch this process, we want to know the full range of carriers that would wish to be included and the full scope of the authorities that they would want to be covered by a route integration award. We thus call upon all U.S. carriers holding international route authority and desiring to be awarded authority under our contemplated blanket route integration certificate to so advise us in a submission to this Docket, no later than fifteen days from issuance of this notice. By: Karan Bhatia
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers August 26, 2005 American Eagle Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle, in response to the Department's notice of August 23, 2005 on streamlining regulatory procedures for licensing U.S. and foreign air carriers (OST-2005-22228) hereby apply for a certificate of public convenience and necessity authorizing scheduled foreign air transportation of persons, property to correspond to U.S.-Mexico routes for which American Eagle Airlines, Inc. holds authority by exemption. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
August 26, 2005 American Airlines Response to Streamlining Regulatory Procedures American would wish to be included in the proposed route integration award, and urges that the authority granted be expressed in the broadest possible terms, i.e., carriers may integrate all of their certificate and exemption authority to the full extent permitted by applicable bilateral agreements. The authority should not be limited to integration of certificates and exemptions in existence at the time of the award, as such a limitation would require constant amendment of the integration authority each time a new certificate or exemption is added to a carrier's portfolio. Broad authority would provide maximum operating flexibility to carriers and minimize regulatory burdens. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
August 30, 2005 Hawaiian Airlines Request to be Granted the Widest Integration Authority Hawaiian Airlines, Inc. hereby responds to the Department's Notice dated August 23, 2005 in the above-referenced docket as it may relate to the granting of integration authority to air carriers already holding certificate and/or exemption authority from the Department. Hawaiian specifically requests that it be granted the widest integration authority for the route authority and exemption authority it presently holds including routes 33, 264, and 734 and Exemption Authority Notice of Action Taken dated 10/9/2003 (LAX-Cancun, Ixtapa, Manzanillo, Mazatlan, and Puerto Vallarta); Exemption Authority Notice of Action Taken dated 11/12/2003 (Phoenix to Acapulco, Cancun, Guadalajara, Hermosillo, Mexico City, Monterey, San Jose del Cabo, Ixtapa) and Exemption Authority Notice of Action Taken dated 1/30/2004 (Honolulu-Sydney, Australia). Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dlalaw.com
August 30, 2005 JetBlue specifically requests that it be granted the widest integration authority for the exemption authority it presently holds. Should DOT take favorable action on JetBlue's pending request for certificate action in Docket OST-2004-17264 (March, 2004), JetBlue further requests that its existing exemption authority, to the extent not superseded by DOT's certificate action, and that certificate authority provide for the widest integration possible, JetBlue persently holds exemption authority from the Department in Dockets OST-2004-17265 and 18796 to Santo Domingo and Santigo, Dominican Republic and Nassau, Bahamas. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dlalaw.com
September 1, 2005 Delta Air Lines Integration Notice Delta urges that the authority granted be expressed in the broadest possible terms to allow carriers to integrate all of their certificate and exemption authority to the full extent permitted by applicable international agreements. Notably, the route integration certificate should apply prospectively to all future carrier exemption and certificate applications approved by the Department -- and not be limited certificates and exemptions now in existence. Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com
September 6, 2005 Atlas Air - Interest in Route Integration Authority Inclusion Pursuant to the Department's Notice served August 26, 2005, Atlas Air, Inc. wishes to advise you of its interest in being included in the contemplated grant of route integration authority. Atlas concurs with the suggestions of Delta Air Lines that the authority (1) be of indefinite duration and (2) apply prospectively to include future grants of certificate and exemption authority. Counsel: Atlas, Russell Pommer, 202-822-9121, rpommer@atlasair.com
September 7, 2005 America West Requests Route Integeration Inclusion We are submitting this letter on behalf of America West Airlines, Inc. in response to the Department's Notice of August 23, 2005, in the above referenced docket. America West wishes to be included in the proposed route integration certificate, and that the broadest possible authority be granted to the fullest extent permitted by applicable bilateral agreements. America West requests that the authority not be limited to integration of current certificate and exemption authority, but also extend to all future awards of certificate or exemption authority. Counsel: Greenberg Traurig, Joanne Young, 202-530-8520, youngj@gt.law.com
September 7, 2005 Continental and Continental Micronesia Request Route Integration Inclusion Continental Airlines, Inc. and Continental Micronesia, Inc. advise the Department of their desire for awards of authority in the above referenced docket under the Department's contemplated blanket route integration certificate. Continental and Continental Micronesia take this opportunity to commend the Department for its efforts to streamline the Department's procedures for awarding route integration authority. Continental and Continental Micronesia urge the Department to grant the broadest possible authority to integrate all existing and future certificate and exemption authority issued by the Department, subject to a necessary condition for each route that integration must be consistent with applicable international aviation agreements. Continental and Continental Micronesia request issuance of this authority for an indefinite period to ensure the public benefits of the Department's streamlining initiative are ongoing and uninterrupted. Continental and Continental Micronesia welcome the Department's proposal and encourage the Department's consideration of additional measures the Department could adopt to eliminate unnecessary burdens on airlines and the Department. Counsel: Continental, Thomas Bolling, 713-324-5606
September 7, 2005 Re: Evergreen International Airlines Blanket Route Integration By its Notice served August 26, 2005 the DOT asked carriers holding international route authority to notify the Department if they wished to he awarded blanket route integration authority consistent with the terms of the Notice. On behalf of Evergreen International Airlines, Inc. the undersigned hereby advises the Department that Evergreen seeks to obtain a certificate of public convenience and necessity for route integration authority. Like others that have commented in this Docket, Evergreen urges that such authority be issued prospectively (thereby avoiding the constant need to seek a certificate amendment) and to make the term of the certificate indefinite, and not just for a live year term. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300
September 7, 2005 Gemini Air Cargo Desires Route Integration Inclusion In response to the Department's request in its Notice of August 23, 2005, in the above docket, Gemini Air Cargo, Inc., desires to be awarded authority under the blanket route integration certificate that the Department contemplates issuing in this proceeding. Gemini concurs in the recommendations of other carriers that the integration authority should be of indefinite duration and that it should also apply to future grants of certificate and exemption authority. Counsel: Roller & Bauer, Moffett Roller, 202-331-3300, mroller@rollerbauer.com
September 7, 2005 Kalitta Air Requests Route Integration Inclusion On behalf of Kalitta Air, L.L.C. I am filing the following comments in response to the Department's August 23, 2005 notice in the abovecaptioned docket, requesting expressions of interest from U.S. air carriers wishing to be included in a blanket route integration certificate. Kalitta Air congratulates the Department on taking this step toward easing the regulatory burdens on U.S. air carriers, and wishes to be included in this order. Kalitta Air holds exemption authority for scheduled all-cargo service to a number of points in Europe, the Middle East, and Asia. It wishes to ensure the maximum operating efficiency and flexibility for its international services, and accordingly needs the greatest degree of route integration authority the Department can permit, consistent with the relevant bilateral agreements. Accordingly, Kalitta requests that the Department grant such authority for an unlimited duration (rather than the five-year certificate proposed) and that the award be made prospective to encompass and future grants of route authority. Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513
September 7, 2005 Nortwest Airlines Requests Route Integration Inclusion Pursuant to the Department’s Notice of August 23, 2005, Northwest Airlines, Inc. hereby requests that it be included in the proposed route integration certificate, and that the broadest possible authority be granted to the fullest extent permitted by applicable bilateral agreements. Northwest further requests that this authority not be limited to integration of current certificate and exemption authority, but that it also extend to future awards of certificate and exemption authority. Counsel: Northwest, Ronald Brower, 202-842-4184, ron.brower@nwa.com
September 7, 2005 United Air Lines Urging Blanket Status United joins other carrier such as American Airlines, Inc. and Delta Air Lines, Inc. in urging that the blanket route integration be just that - a blanket. It should cover not just existing exemption and certificate authority but should also prospectively cover new route authority awarded after issuance of the route integration certificate. Otherwise, as noted by American and Delta, carriers and the Department staff will be faced with virtually continuous amendments to the route integration certificate as new route authorizations are added. In addition, rather than issue a blanket route integration certificate for a five year term, as the Department's notice appears to propose, the route integration certificates should be effective for an indefinite term. A five-year term has been adopted for route authority in limitedentry markets where the Department undertakes a periodic review of a carrier's performance. See, e.g. Certificate Duration in Limited-Entry Markets, Final Rule and Policy Statement, 51 Fed. Reg. 43180, 43184 (Dec. 1, 1986). Route integration authority, on the other hand, is not subject to such concerns and should be issued for an indefinite period as is the case for other certificate authority in open-entry markets. The Department has previously included route integration authority in certificates of ublic convenience and necessity issued for indefinite terms in open-entry markets. See, e.g., United's Certificates of Public Convenience and Necessity for Route 791 (U.S.-Italy) issued by Order 2000-4-5 and for Route 812 (U.S.-France) issued by Order 2002-5-25. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
September 7, 2005 Re: Request for United Parcel Service for Route Integration Certificate UPS requests that it be included in the Department's route integration certificate award and asks for the broadest integration authority available. UPS urges that the Department issue the route integration certificate in the broadest possible terms so that carriers may integrate all current certificate and exemption authority along with any future exemption or certificate authority. UPS believes that a broad route integration certificate that includes both current and any future authority would best serve the Department's goals of improving administrative efficiency and easing burdens on carriers. Should the Department choose not to award such a broad certificate, UPS requests a route integration certificate that encompasses all of UPS' current certificate and exemption authority. UPS' current route integration exemption authority was granted by Notice of Action Taken dated December 10, 2004 in Docket OST-1999-6044. Counsel: Kelley Drye, David Vaughan, 202-955-9792, dvaughan@kelleydrye.com
September 6, 2005 US Airways and PSA Airlines - Requested Route Integration Inclusion US Airways and PSA hereby request that they each be included in the contemplated blanket route integration certificate discussed in the Notice. US Airways and PSA submit (i) that the blanket route integration authority be granted in the broadest possible terms, (ii) that it not be limited to the integration of then-existing certificate and exemption authorities, but that it encompass prospective (future) authorities, and (iii) that it be for the longest possible duration. Such broad authority would maximize operational flexibility for carriers and minimize regulatory burdens on carriers as well as the Department. Counsel: US Airways, Howard Kass, howard_kass@usairways.com
September 8, 2005 Re: ABX Air Request for Route Integration On behalf of ABX Air, Inc. the undersigned hereby notifies the Department that ABX seeks to obtain a certificate of public convenience and necessity for route integration authority as described in the Notice served August 26, 2005. ABX urges that such authority be issued prospectively and to make the term of the certificate indefinite, and not just for a five year term. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300
September 8, 2005 Amerijet International - Request for Route Integration Inclusion Pursuant to the Department's Notice Served August 25, 2005, Amerijet International, Inc. hereby requests that it be included in any award of integrated route authority the Department may issue. Amerijet believes that the Department's proposal is a good one, and it encourages the Department to proceed as described in the Notice. Amerijet also agrees with Delta Air Lines and urges the Department to decide that the authority awarded be of indefinite duration and apply prospectively to include future awards to carriers of certificate and exemption authority. Counsel: John Richardson, 202-828-0158, jrichardson@johnlrichardson.com
September 8, 2005 ATA - Request for Route Integration Inclusion AirTran Airways, Inc. hereby responds to the Department's Notice dated August 23, 2005 in the above-referenced docket. AirTran wishes to be included in the proposed grant of integration authority to air carriers already holding certificate and/or exemption authority from the Department. AirTran specifically requests that it be granted the widest integration authority for the exemption authority it presently holds and that this authority extend to future certificate and exemption authority. Counsel: Wiley Rein, Bert Rein, 202-719-7080, brein@wrf.com
September 8, 2005 FedEx - Request for Route Integration Renewal Federal Express Corporation hereby responds to the Department's August 23 Notice asking carriers to advise you of their interest in being awarded route integration authority. FedEx Express appreciates and strongly supports the deregulatory spirit the Notice reflects. We wish only to advise you that we have on file an application to renew our current route integration exemption in Docket OST-1995-838, as well as an application for permanent route integration authority in Docket 45985. We understand that the latter application has been retired and FedEx Express is prepared to submit a supplemental application for certificate authority, if so requested. Counsel: FedEx, Bailey Lopard, 901-434-8600
September 8, 2005 Polar Air Cargo - Request for Route Integration Inclusion | Word In response to the Department’s Notice served August 26, 2005, Polar Air Cargo, Inc. respectfully submits this letter to confirm its wish to be awarded authority under the contemplated blanket route integration certificate. Polar would note, however, that it agrees with the suggestions of Delta Air Lines and other carriers that such certificate authority be of indefinite duration and apply to existing as well as prospective awards of certificate and exemption authority. The standard conditions attached today to any award of certificate, exemption or route integration authority provide sufficient regulatory safeguards to permit a blanket route integration certificate of indefinite duration. Yet, as proposed, this new certificate would be effective for five years, requiring applications for route integration amendments and renewals. For these reasons, Polar would urge the Department to amend the proposal to permit a blanket route integration certificate of indefinite duration, dispense with requirements to otherwise amend or renew the authority and, by this means, more fully realize the streamlining benefits intended by the initiative. By: Polar Air Cargo, Kevin Montgomery
OST-2005-22228 - Streamlining Regulatory Procedures for Liecensing US and Foreign Air Carriers September 9, 2005 Hawaiian Airlines, Inc. herewith applies pursuant to the Notice issued by the Department of Transportation on August 26, 2005 in Docket OST-2005-22228 for certificate authority from the United States to Australia and Mexico, and related integration authority as provided in the Notice issued August 23, 2005 in Docket OST-2005-22228. Exemption authority to all destinations was previously granted by Notice of Action Taken in Dockets OST-2004-16923 and OST-2001-10736. Hawaiian plans to continue daily service in the code share markets and scheduled service in the Australian market until receipt of authority hereunder its exemption authority granted in the referenced Dockets. Code share service on flights operated by Alaska Airlines is offered to five destinations in Mexico from Los Angeles: Cancun, Ixtapta, Mazanillo, Mazlatlan, and Puerto Vallarta with Hawaiian continuing its two letter code (HA) on Alaska's flights. Code share services on flights operated by America West and America West Express carriers Mesa Airlines, will be offered to eight destinations in Mexico from Phoenix: Acapulco, Cancun, Guadalajara, Hermosillo, Mexico City, Monterrey, Los Cabos, and Ixtapa, with Hawaiian placing its two letter designated code (HA) on flights operated by America West aircraft (HP) and America West Express carriers Mesa Airlines (YY) to Monterrey to Guadalajara. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dowlohnes.com
OST-2005-22228 - Streamlining Regulatory Procedures for Liecensing US and Foreign Air Carriers September 9, 2005 On March 8, 2005 JetBlue Airways Corporation filed an Application for Certificate Authority to the Bahamas, Bermuda, Canada, the Dominican Republic, and Jamaica. On August 23, 2005 the Department of Transportation issued a Notice in Docket-2005-22228 announcing new processing procedures for issuance of certificate authority for US and foreign air carriers. In light of that Notice and because JetBlue wishes to receive the certificate authority for which it filed in 2004, Jetblue herewith files this Renewal of its prior Application and request issuance of the requested certificate authority and the widest possible integration authority as contemplated by the Notice. Counsel: JetBlue and Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
September 8, 2005 Re: ASTAR Air Cargo's Request for Route Inegration Authority Pursuant to the Department's Notice served August 26, 2005, ASTAR Air Cargo, Inc. requests to be included in the contemplated grant of route integration authority. ASTAR specifically requests that it be granted the widest integration authority for the routes which it currently holds including Routes 195, 195-F, 692, 707 and 725; authority granted by Orders 80-5-8, 80-6-28, 80-9-106 and 81-6 22; and exemption authority granted by Notices of Action taken dated April 6, 2005 (U.S.-Kuwait); June 6, 2005 (Wilmington, Ohio-various points in Mexico; Saltillo, Mexico-various U.S. points); and June 14, 2005 (LAX-Mexico City). Counsel: Lachter & Clements, Roxanne Clements, 202-862-4321
September 8, 2005 Re: Frontier Airlines' Request for Route Integration Authority Frontier Airlines hereby responds to the Department's Notice dated August 23, 2005 in the above‑referenced docket. Frontier wishes to be included in the proposed granting of integration authority to air carriers already holding certificate and/or exemption authority from the Department. Frontier specifically requests that it be granted the widest integration authority for the exemption authority it presently holds and that this authority extend to future certificate and exemption authority. Counsel: Wiley Rein, Edward Faberman, 202-719-7000
September 9, 2005 Re: Spirit Airlines' Request for Route Integration Authority Spirit Airlines, Inc. hereby advises the Department of its desire for award of authority in the above-referenced docket under the Department’s contemplated blanket route integration certificate. Spirit urges the Department to grant the broadest possible authority to integrate all existing and future certificate and exemption authority issued by the Department, subject to a necessary condition for each route that integration must be consistent with applicable international aviation agreements. Spirit appreciates the Department’s effort to streamline the regulatory process, and would support further initiatives to this end. Counsel: Garfinkle Wang, Anita Mosner, 703-522-0900
September 12, 2005 Re: Arrow Air's Request for Route Integration Authority Arrow Air, Inc. d/b/a Arrow Cargo hereby responds to the Notice served August 26, 2005 in the above docket and states that it desires to be awarded authority under the blanket route integration certificate that the Department contemplates issuing in this proceeding. Arrow concurs in the recommendations of other carriers that the integration authority should be of indefinite duration and that it should also apply to future grants of certificate and exemption authority. Counsel: Lawrence Wasko, 202-862-4370
OST-2005-22228 - Streamlining Regulatory Procedures for Liecensing US and Foreign Air Carriers September 13, 2005 Air Wisconsin Airlines Corporation herewith applies pursuant to the Notice issue by the Department of Transportation on August 26, 2005 in Docket OST-2005-22228 for certificate authority from any point in the United States to any point in Canada and related integration authority. Exemption authority to Canada was previously granted by Notice of Action Taken in Docket OST-2002-12198. AWAC plans to continue daily scheduled service in the Canadian markets until receipt of authority hereunder its exemption authority granted in the referenced Dockets. Code share service is proved to both United Express and US Airways Expres to the following cities in Canda: Toronto. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dowlohnes.com
OST-2005-22576 - Certificate of Public Convenience and Necessity - US-Cancun September 26, 2005 JetBlue Airways Corporation respectfully submits this application for certificate authority authorizing JetBlue to engage in foreign scheduled air transportation of persons, property and mail pursuant to 49 U.S.C. 41102 to Cancun, Mexico from New York, New York. The exemption requested herein is for the tranportation of persons, property and mail in combination service between JFK Airport and Cancun, Mexico. JetBlue will operate these routes with Stage 3 compliant airbus A-320 aircraft, the same air craft it presently operates to all its destinations. JetBlue's A-320 aircraft are configured to carry 156 customers. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing September 26, 2005 Application of PSA Airlines for a Certificate of Public Convenience and Necessity Pursuant to 49 U.S.C. 41102, Subpart B of the Department's Rules of Practice, and the Department's Notice, posted August 26, 2005, about streamlining regulatory procedures for licensing U.S. and foreign air carriers, PSA Airlines, Inc. hereby requests parallel certificate authority for its existing exemptions to provide scheduled foreign air transportation of persons, property, and mail, as well as for such authority for Open Skies markets in the Caribbean region for which it has not previously sought or obtained any authority. PSA further seeks integration authority to combine this authority with PSA's other authorities. Counsel: US Airways and O'Melveny Myers, Donald Blsiss, 202-383-5300, dbliss@omm.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing September 26, 2005 Application of US Airways for a Certificate of Public Convenience and Necessity Pursuant to 49 U.S.C. 41102, Subpart B of the Department's Rules of Practice, and the Department's Notice, posted August 26, 2005, about streamlining regulatory procedures for licensing U.S. and foreign air carriers, US Airways, Inc. hereby requests parallel certificate authority for US Airways' pending and existing exemptions to provide scheduled foreign air transportation of persons, property, and mail, as well as for such authority for Open Skies markets for which US Airways has not previously sought or obtained any authority. US Airways further seeks integration authority to combine this authority with US Airways' other authorities. Counsel: US Airways and O'Melveny Myers, Donald Blsiss, 202-383-5300, dbliss@omm.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers September 30, 2005 Notice of Withdrawal of Hawiian Airlines Hawaiian Airlines, Inc. herewith withdraws its applications for certificates of public convenience and necessity filed in both Dockets OST-2005-22434 and 22435. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dowlohnes.com
Order 2005-12-5 Issued and Served December 9, 2005 Order to Show Cause - Bookmarked By this order we tentatively find that it is in the public interest to grant to each air carrier in the above-captioned proceeding the blanket route integration certificate attached as Appendix A to this order. In response to the Notice, we received more than 20 submissions to the Docket from U.S. carriers seeking blanket route integration authority. The applicants of record are listed above, in the caption for this proceeding. For the most part, the carriers requesting such authority urged us to grant it in the broadest possible terms so that it would encompass prospective or future awards of authorities, as well as all currently held authority, and would be valid for an indefinite period or, alternatively, the longest possible duration, as opposed to the five-year term described in the Notice. Decision: We have tentatively decided to grant to each applicant of record a blanket route integration certificate covering all of its current and prospective international route authorities. We tentatively find that the award of such authority, with the enhanced operational flexibility and administrative convenience it would accord to the holder, is consistent with the public convenience and necessity. The authority would be subject to standard route integration and certificate conditions, and such other conditions as the Department may establish. The certificate would be awarded for a five-year duration and open to renewal. Consistent with the Notice, we will use a self-executing final order (Appendix B) to issue to each applicant of record an initial five-year blanket route integration certificate of public convenience and necessity in the form attached as Appendix A, assuming no objections and upon completion of the 49 U.S.C. § 41307 Presidential review. We have considered requests that we issue longer term or even indefinite route integration authority. However, we tentatively find that it would be more reasonable in the circumstances presented to award the authority for an appropriate and suitably limited length of time to give us the opportunity to review our streamlining approach to blanket route integration authority before renewing it. We tentatively regard five years as the appropriate length of time for this purpose. We note that some applicants of record may have previously submitted applications requesting route integration authority, among other things. To the extent superseded by the action taken here, we will deem those portions of pending applications as moot, as Department action on them would be duplicative and narrower in scope than the blanket route integration authority we intend to issue, and we will deem all such requests to have been dismissed without prejudice. By: Paul Gretch
OST-2005-22228 - Streamling Regulatory Procedures December 20, 2005 Continental amends its application, pursuant to 49 U.S.C. § 41102 and Subpart B of the Department's Rules of Practice, for renewal and amendment of its Route 561 U.S.-Mexico certificate authority to seek authority pursuant to the Department's August 23, 2005 notice on streamlining regulatory procedures to provide scheduled air transportation of persons, property and mail between Houston and Mazatlan and between points in the United States and points within Mexico beyond the Continental and ExpressJet authorized Mexican gateway points for transborder services for purposes of blind-sector codesharing services offered between the Mexican gateway points and other points within Mexico on flights operated by Aeromexico as well as authority to integrate this authority with Continental's existing certificate and exemption authority. Counsel: Continental and Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
OST-2004-17265 - Exemption - New York JFK-Santo Domingo/Santiago, Dominican Republic January 3, 2006 Application of jetBlue for Renewal of Exemption The exemption requested herein is for the transportation of persons, property and mail, in combination service, between JFK Airport and Santo Domingo, DR and between JFK Airport and Santiago, DR. JetBlue operates these routes with stage 3 compliant airbus A‑320 aircraft, the same aircraft it presently operates to San Juan, Puerto Rico. JetBlue's A‑320 aircraft are configured to carry 156 customers. Counsel: JetBlue and Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com
OST-2004-17264 - Certificate of Public Convenience - US-Bahamas, Bermuda, Canada, Dominican Republic, and Jamaica January 26, 2006 The exemption requested herein is for the transportation of persons, property and mail, in combination service, on at least a daily basis between JFK Airport and Bermuda. JetBlue will operate these routes with Stage 3 compliant EMBRAER E-190 aircraft. JetBlue's E-190 aircraft are configured to carry 100 customers. JetBlue is prepared to start service from New York (JFK) to Bermuda in May of this year and requests that the Department issue as soon as possible an exemption and a certificate for such service. Further, JetBlue requests that, consistent with the Department's recent integration order, JetBlue be allowed to integrate this authority with all other foreign authority it holds to the widest extent possible. JetBlue notes that Spirit Airlines filed on January 23, 2006 an Emergency Exemption to begin service to Bermuda on May 15, 2006. JetBlue agreed to Spirit's request to shorten the answer period and interposed no objection to the grant of the exemption. JetBlue requests that its request for authority be acted on at the same time as Spirit's Emergency exemption in light of the fact that its request for authority has been on file with DOT for more than a year and a half. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com
OST-1997-2558 - Certificate of Public Convenience and Necessity- Route 171 (Segments 3, 4 (for the Philippines), 5 and 6) February 9, 2006 Amendment to Application of Continental Micronesia for Certificate Authority Continental Micronesia amends its May 8, 2002, application for renewal of certain segments of its certificate for Route 171 to request, pursuant to 49 U.S.C. § 41102 and Subpart B of the Department's Rules of Practice, an amendment of its certificate for Route 171 to include authority, pursuant to the Department's August 23, 2005 notice on streamlining regulatory procedures, to provide scheduled air transportation of persons, property and mail between Guam and Cairns, Australia; Guam and Nagoya, Japan; and Honolulu and Nagoya, Japan. Continental Micronesia also requests authority to integrate this new authority with certificate and exemption authority already held by Continental Micronesia. Continental Micronesia asks that this authority be effective for at least a five-year period and that this application be processed by expedited non-hearing procedures pursuant to Subpart B of the Department's Rules of Practice. Continental Micronesia recognizes that its request for route integration authority will become moot if the Department issues a final order granting Continental Micronesia's application for certificate authority granted tentatively by Order 2005-12-5. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
Issued January 3, 2006 | Served March 7, 2006 Final Order - Bookmarked By Order 2005-12-5, issued December 9, 2005, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award to each applicant of record a blanket route integration certificate of public convenience and necessity in the form attached to the Order and subject to the conditions set forth therein and to such other conditions as the Department may establish. We gave interested persons 21 days to file objections to the Order. We said that if no objections are filed with respect to an applicant of record, all further procedural steps shall be deemed waived with respect to that applicant, and the Department will enter an order (subject to Presidential review under 49 USC 541307) which will make final the findings and conclusions of the Order as to that applicant of record. No objections were received within the time period provided. We make final our findings and conclusions as stated in the Order and award to the applicant of record a blanket route integration certificate of public convenience and necessity and conditions attached thereto. By: Paul Gretch
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers May 22, 2006 First Supplement to Application for a Foreign Air Carrier Permit of Cargoitalia Cargoitalia, S.p.A. hereby supplements its application for a Foreign Air Carrier Permit to provide scheduled and charter air transportation of property and mail between Italy and the United States by submitting the following Exhibit to the Application:
It is our understanding that a designation from the Italian Government to the Department of State will take place shortly. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
OST-2004-18639 - Foreign Air Carrier Permit - Belgium-US All-Cargo Service July 24, 2006 Motion for Immediate Action of TNT Airways TNT requests the Department to act immediately on TNT's pending application in the above-referenced docket for a foreign air carrier permit. TNT has on file in the above-captioned docket an application for a foreign air carrier permit for all-cargo services between Belgium and the US. for which it holds current temporary exemption authority in Docket OST-2002-12017. TNT's exemption authority is set to expire on August 26, 2006. As TNT's application has been pending before the Department for two years and is non-controversial given the open-skies agreement between the US. and Belgium, TNT requests that the Department act immediately on its pending application in accordance with the procedures set out in the Notice. TNT is concurrently filing an application to renew its exemption authority for a two year period or until the Department acts on its pending application for permit authority in this docket. See, Order 2006-7-22 (Air Comet S.A.), where similar action was taken with respect to a pending foreign air carrier permit application in conjunction with renewal of temporary exemption authority. See also, Order 2006-6-28 (Cargoitalia, S.p.A.). Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2006-25478 - Certificate - US-World Cargo Points July 26, 2006 Application for a Certificate of Southern Air Southern Air, Inc. applies, pursuant to 49 U.S.C. 41102, Subpart B of the Department's Rules of Practice, and the Department's August 23, 2005 notice on streamlining regulatory procedures, for a certificate authorizing it to provide scheduled air transportation of property and mail between a point or points in the U.S. via intermediate points and a point or points in the Netherlands, Belgium, Finland, Denmark, Norway, Sweden, Luxembourg, Austria, Iceland, Switzerland, Czech Republic, Germany, Jordan, Singapore, Taiwan, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, New Zealand, Brunei, Malaysia, Aruba, Chile, Uzbekistan, Korea, Peru, Netherland Antilles, Romania, Italy, U.A.E., Pakistan, Bahrain, Argentina, Qatar, Tanzania, Dominican Republic, Portugal, Slovakia Republic, Namibia, Burkina Faso, Ghana, Turkey, Gambia, Nigeria, Morocco, Rwanda, Malta, Benin, Senegal, Poland, Oman, France, Sri Lanka, Uganda, Cape Verde, Samoa, Jamaica, Tonga, Albania, Madagascar, Gabon, Indonesia, Uruguay, India, Paraguay, Maldives, Ethiopia, Thailand, Mali, Canada, Bosnia and Herzegovina, Cameroon, Chad and Australia and beyond. Southern also requests that its certificate authorize it to provide air transportation of property and mail between a point or points in Luxembourg, Iceland, Czech Republic, Germany, Singapore, El Salvador, Guatemala, Slovakia Republic, Burkina Faso, Ghana, Gambia, Nigeria, Slovakia Republic, Burkina Faso, Ghana, Gambia, Nigeria, Morocco, Rwanda, Malta, Benin, Senegal, Poland, Oman, France, Uganda, Cape Verde, Samoa, Tonga, Albania, Madagascar, Gabon, Indonesia, Uruguay, India, Paraguay, Maldives, Ethiopia, Thailand, Mali, Canada, Bosnia and Herzegovina, Cameroon and Chad pursuant to seventh-freedom all-cargo rights granted in open skies agreements with these countries. Southern also asks that it be awarded certificate authority between a point or points in the United States and Hong Kong and a point or points in the U.K. Finally, Southern also requests the same blanket route integration authority granted to other carriers by Order 2006-1-1, asks that the authority requested be effective for an indefinite period and asks that this application be processed by expedited non-hearing procedures pursuant to Subpart B of the Department's Rules of Practice. Southern holds a certificate of public convenience and necessity and exemptions authorizing it to engage in interstate and foreign charter and scheduled air transportation of property and mail. See, e.g., Order 1999-11-17 (Docket OST-1999-5670) and Order 2000-2-8 (Dockets OST-1999-5670 and OST-1999-6591) and Notice of Action Taken, May 8, 2006 (Docket OST-2006-24703). Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
OST-2006-25917 - Open Skies Streamlining Certificate September 21, 2006 Application of Continental for a Certificate Continental applies, pursuant to the Department's August 23, 2005 notice on streamlining regulatory procedures for a certificate authorizing it to provide scheduled air transportation of persons, property and mail between a point or points in the U.S. via intermediate points and a point or points in the Netherlands, Belgium, Finland, Denmark, Norway, Sweden, Luxembourg, Austria, Iceland, Switzerland, Czech Republic, Germany, Jordan, Singapore, Taiwan, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, New Zealand, Brunei, Malaysia, Aruba, Chile, Uzbekistan, Korea, Peru, Netherland Antilles, Romania, Italy, U.A.E., Pakistan, Bahrain, Qatar, Tanzania, Dominican Republic, Portugal, Slovakia Republic, Namibia, Burkina Faso, Ghana, Turkey, Gambia, Nigeria, Morocco, Rwanda, Malta, Benin, Senegal, Poland, Oman, France, Sri Lanka, Uganda, Cape Verde, Samoa, Jamaica, Tonga, Albania, Madagascar, Gabon, Indonesia, Uruguay, India, Paraguay, Maldives, Ethiopia, Thailand, Mali, Canada, Bosnia and Herzegovina, Cameroon, Chad and beyond. Continental asks that the additional authority requested be effective indefinitely and asks that this application be processed by expedited non-hearing procedures. Although Continental already holds authority to serve some of these open skies countries, including all of them in a single certificate will streamline Continental's authority, provide indefinite authority where time-limited authority is currently held and avoid unnecessary renewal applications. Continental holds various certificates of public convenience and necessity and exemptions authorizing it to engage in scheduled foreign air transportation of persons, property and mail. (Order 2005-3-24 (Docket OST-2004-19077), Order 2002-7-31 (Docket OST-1996-2016) and Order 2002-5-25 (Dockets OST-1998-4686 and OST-2002-11760) Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers October 3, 2006 Northwest and Continental have each applied for certificate authority to countries that have entered into Open Skies agreements with the United States. In addition, Northwest seeks exemption authority to serve those same countries. Both Northwest’s and Continental’s applications should be granted without delay. These applications are clearly in the public interest and are consistent with the fundamental principles of international deregulation that led the United States to enter into Open Skies agreements in the first place. Moreover, grant of the requested authorities will simplify the application and renewal process for routine, non-controversial authorities and will thereby further the Department’s regulatory “streamlining” policy. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers October 3, 2006 Northwest Airlines, Inc. hereby applies, pursuant to 49 U.S.C. § 41102, Subpart B of the Department’s Rules of Practice, and the Department’s August 23, 2005 notice on streamlining regulatory procedures for a certificate authorizing Northwest to provide scheduled air transportation of persons, property and mail from a point or points in the United States, via intermediate points, to a point or points in the Open Skies countries listed in Attachment A, and beyond. Grant of Northwest’s application is consistent with the fundamental principle underlying the U.S. Government’s decision to enter into Open Skies agreements with each of these countries namely, that carrier services should be governed by the needs of the marketplace and not regulation. Providing Northwest with the full measure of operating rights available under these important air transport services agreements will better enable Northwest to respond to market demand. Moreover, grant of the requested authorities will significantly reduce the burden of processing non-controversial Open Skies applications and renewals thus furthering the Department’s regulatory “streamlining” initiative. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers October 3, 2006 Northwest Airlines, Inc. hereby applies, pursuant to 49 U.S.C. § 40109, Subpart C of the Department’s Rules of Practice, and the Department’s August 23, 2005 notice on streamlining regulatory procedures for an exemption authorizing Northwest to provide scheduled air transportation of persons, property and mail from a point or points in the United States, via intermediate points, to a point or points in the Open Skies countries listed in Attachment A, and beyond. Grant of Northwest’s application is consistent with the fundamental principle underlying the U.S. Government’s decision to enter into Open Skies agreements with each of these countries namely, that carrier services should be governed by the needs of the marketplace and not regulation. Providing Northwest with the full measure of operating rights available under these important air transport services agreements will better enable Northwest to respond to market demand. Moreover, grant of the requested authorities will significantly reduce the burden of processing non-controversial Open Skies applications and renewals thus furthering the Department’s regulatory “streamlining” initiative. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers United has on file with the Department several pending applications for certificates of public convenience and necessity or for amendments to existing certificates requesting authority to serve many of the same countries included in Continental's and Northwest's certificate applications. See Application of United, dated October 19, 1999, as amended June 27, 2000, and November 17, 2003, in Docket OST-1999-6385; Application of United, dated March 5, 1993, as amended February 27, 1998, in Docket OST-1995-625; Application of United, dated August 13, 1992, as amended October 8, 1992, and January 7, 1998, in Docket OST-1995-495. United has no objection to the granting of Continental's and Northwest's applications so long as United's own pending applications for similar authority are granted no later than Continental's and Northwest's applications. Although United's applications were filed as much as fourteen years ago and were unopposed, the Department has taken no action on those applications. If the Department is not prepared to fully act on all of United's pending applications, it should, at a minimum, grant United the same authority requested by Continental and Northwest (i.e., certificate authority to serve all countries with which the U.S. has Open Skies agreements). Although, as is also the case with Continental and Northwest, United already has certificate authority to serve many of those countries, for administrative convenience, the Department should issue United one certificate for all such countries, as both Continental and Northwest have also requested. Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2006-26419 - Certificate of Public Convenience and Necessity - US-Open Skies Countries November 20, 2006 Application of Cargo 360 for a Certificate of Public Convenience and Necessity Cargo 360 seeks a certificate authorizing it to engage in scheduled foreign air transportation of property and mail between the United States and the countries listed in Exhibit A, each of which has entered into an open skies agreement with the United States insofar as all-cargo services are concerned, including intermediate and beyond authority. Additionally, Cargo 360 requests that the certificate authorize it to engage in scheduled air transportation of property and mail between points in the countries listed in Exhibit B pursuant to seventh-freedom all-cargo rights granted to U.S. carriers under the bilateral agreements with those countries. Cargo 360 requests that all authority issued in response to this application be effective Regarding Cargo 360's request for U.S.-U.K. and U.S.-Hong Kong authority, while neither the United Kingdom nor Hong Kong subscribes to an open-skies agreement with the United States, rights for U.S.-U.K. all-cargo service are unrestricted, as are rights for U.S.-Hong Kong all-cargo service excluding intermediate and beyond rights. Thus the requested U.K. and Hong Kong authority should be granted with the other authority requested here. Cargo 360 currently operates between the United States and the Republic of Korea. As market conditions warrant, Cargo 360 may expand its pattern of scheduled all-cargo operations incrementally to include service in any of the markets identified in this application. Issuance of the authority requested here would eliminate the need for multiple applications for non-controversial exemption or certificate authority, conserving the Department's and Cargo 360's time and resources. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970, agoerlich@ggh-airlaw.com
OST-2007-27481 - Exemption - Boston-Bermuda March 1, 2007 Application of jetBlue for an Exemption to Provide Foreign Scheduled Air Transportation JetBlue is prepared to start service from Boston to Bermuda by May 1st of this year. JetBlue will operate these routes with State 3 compliant EMBRAER E-190 aircraft. Service will commence May 1st and run seasonally until October 31st. Counsel: JetBlue and Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
OST-2007-27637 - Exemption - Boston-Aruba Scheduled Passenger March 15, 2007 Application of jetBlue for an Exemption The exemption requested herein is for the transportation of persons, property and mail, in combination service, starting Saturday only but perhaps growing to daily service within a year between BOS Logan Airport and Aruba, Aruba. JetBlue will operate these routes with Stage 3 compliant A-320 or E-190 aircraft. JetBlue's proposed schedule for these flights is:
JetBlue is prepared to start service from Boston to Aruba by July of this year and requests that the Department issue as soon as possible an exemption for such service. Further, JetBlue requests that, consistent with the Department's recent integration order, JetBlue be allowed to integrate this authority with all other foreign authority it holds to the widest extent possible. JetBlue requests that the exemption be granted for a period of two years or until the Department takes final action on its certificate application for the issuance of a certificate of public convenience and necessity for foreign combination service. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dowlohnes.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers March 22, 2007 Amendment Number One to Application of Continental for a Certificate As a result of the successful negotiation of a multilateral U.S.-EU agreement offering unprecedented new opportunities for U.S.-Europe service, Continental amends its September 21, 2006 application in these dockets for a certificate authorizing it to provide scheduled air transportation of persons property and mail between a point or points in the U.S. via intermediate points and a point or points in named countries and beyond to include the following additional named countries: Bulgaria, Cyprus, Estonia, Greece, Hungary, Ireland, Kuwait, Latvia, Liberia, Lithuania, Slovenia, Spain and the U.K. Continental expects to institute new flights pursuant to this agreement before summer 2008, including flights serving London Heathrow airport pursuant to commitments that slots and facilities at London Heathrow will be available to fulfill the promise of opening the skies there. Continental already holds London authority on Routes 383 (Newark) and 482 (Houston) which is not restricted to any particular London airport, and that authority remains in effect pursuant to renewal applications submitted in 1995 (Houston) and 1997 (Newark) in Dockets OST-1995-115 and OST-1997-2919, respectively. Continental's Cleveland authority on Route 733 is limited to London (Gatwick). Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers March 23, 2007 On March 22, 2007, the Council of European Transport Ministers unanimously ratified an historic open skies agreement between the United States and the European Union. That agreement is expected to take full effect on March 30, 2008, the beginning of the Summer 2008 traffic season. Accordingly, American hereby files Supplement No. 2 to the captioned application so as to request certificate authority in additional open skies markets covered by the U.S.-EU open skies agreement as to which American does not already hold authority or which are not already listed in Attachment 3 initially submitted on August 26, 2005. We also take this opportunity to add eight new non-EU open skies markets that have been negotiated since August 2005. These additional open skies markets are listed in Attachment 3 appended hereto. In the event the Department determines to proceed by exemption authority prior to awarding certificate authority, the Department should grant exemption authority to American for all open skies markets listed in initial Attachment 3 and in Attachment 3. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
Order 2007-4-2 Issued February 23, 2007 | Served April 3, 2007 Order Issuing Certificate - Bookmarked | Word By this order we grant American Airlines, Inc. certificate authority to provide combination service to all of our foreign aviation partners that have entered into an open-skies agreement with the United States where that agreement is being applied. For administrative convenience purposes, the term “open-skies partners” also refers to foreign aviation partners that are parties to the Multilateral Agreement on the Liberalization of International Air Transportation. On our own initiative, we have also decided to grant to American certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the Liberalization of International Air Transportation. We defer action on the remainder of American’s requests and will handle them separately. Our action here establishes a new route certificate, in the form attached at Appendix B.
We are converting American’s existing exemption authority to serve open-skies partners to certificate authority. We are deferring action on the remainder of American’s request to convert its existing exemption authority to certificate authority.
By: Paul Gretch
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers April 6, 2007 Answer of the City of Houston and the Greater Houston Partnership The Houston Parties strongly support the expansion of route and service opportunities that will flow from the new agreement, and applaud the Department and its colleagues in other agencies for their efforts in achieving this historic milestone. Houston is especially pleased that the agreement will lift the archaic “Bermuda II” restrictions on service to London Heathrow. Heathrow remains the preferred airport for London-bound passengers, especially business travelers, and Continental has indicated that it intends to shift its Houston-London flights to Heathrow in 2008, assuming the availability of the necessary Heathrow slots and other facilities. Counsel: Zuckert Scoutt, Rachel Triner, 202-298-8660, rbtrinder@zsrlaw.com
Order 2007-4-19 Issued March 20, 2007 | Served April 18, 2007 Order Issuing Certificates | Word By this order we grant Continental Airlines, Inc., Northwest Airlines, Inc. and United Air Lines, Inc. certificate authority to provide combination service to all of our foreign aviation partners that have entered into an open-skies agreement with the United States where that agreement is being applied. On our own initiative, we have also decided to grant to the carriers certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the Liberalization of International Air Transportation. Our action here establishes for each carrier a new route certificate. We will also, on our own initiative, grant the carriers blanket authority such that when an additional foreign aviation partner enters into an open-skies agreement with the United States, and where that agreement is being applied, authority to serve that open-skies partner will automatically be included as part of the carrier’s certificate authority without the need for further action by the Department or the carrier. By: Paul Gretch
Order 2007-4-20 Issued March 23, 2007 | Served April 18, 2007 Order Issuing Certificate | Word By this order we grant US Airways, Inc. certificate authority to provide combination service to all of our foreign aviation partners that have entered into an open-skies agreement with the United States where that agreement is being applied. On our own initiative, we have also decided to grant to US Airways certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the Liberalization of International Air Transportation. We defer action on the remainder of the carrier’s requests and will handle them separately. Our action here establishes for the carrier a new route certificate
We are converting US Airways’ existing exemption authority to serve open-skies partners to certificate authority. We are deferring action on the remainder of its request to convert its existing exemption authority to certificate authority.
We will also, on our own initiative, grant the carrier blanket authority such that when an additional foreign aviation partner enters into an open-skies agreement with the United States, and where that agreement is being applied, authority to serve that open-skies partner will automatically be included as part of the carrier’s certificate authority without the need for further action by the Department or the carrier. By: Paul Gretch
OST-2007-0017 - Certificate of Public Convenience and Necessity - US-Colombia October 12, 2007 JetBlue understands that on September 13, 2007, the United States entered into a Consolidated Air Transport Agreement with Columbia to expand scheduled passenger frequencies. Specifically, JetBlue understands that the following passenger frequencies will become available: (1) 7 additional frequencies on December 1, 2007; (2) 7 additional frequencies on April 1, 2008; and (3) 7 additional frequencies on October 1, 2008. The designation and frequencies requested herein are for the transportation of persons, property and mail in combination service between (i) Orlando, Florida and Bogota, Columbia, and (ii) Fort Lauderdale, Florida and Bogota, Columbia. Flights from Orlando will originate in Boston and flights from Fort Lauderdale will originate at Washington, Dulles International Airport. JetBlue will operate these routes with Stage 3 compliant A-320 aircraft. JetBlue's A-320 aircraft are configured to carry 150 customers. JetBlue plans to inaugurate daily nonstop Orlando-Bogota service on or about April 1, 2008, and daily nonstop Fort Lauderdale-Bogota service on or about October 1, 2008. JetBlue requests, consistent with the air services agreement between Columbia and the United States, fourteen US.-Columbia frequencies and designation authority to operate such services. JetBlue requests that this exemption authority remain in effect for at least two years, or until ninety days after final Department action granting JetBlue certificate authority with respect to these routes, whichever occurs earlier. Counsel: Dow Lohnes, Jonathan Hill, 202-766-2000, jhill@dowlohnes.com
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers October 17, 2007 Application of jetBlue for Renewal of Exemption JetBlue Airways Corporation respectfully requests the Department of Transportation to renew its exemption granted in Docket OST-2004-17265, as renewed by NOAT dated January 25,2006, pending issuance of permanent certificate authority pursuant to both DOT'S Notice issue in Docket OST-2005-22228 and JetBlue's certificate application originally requested in Docket OST-2004- 17264, to allow JetBlue Airways to continue to operate scheduled combination service between the United States (John F. Kennedy International Airport) and the Dominican Republic, (Santa Domingo and Santiago). The exemption requested herein is for the transportation of persons, property and mail, in combination service, between JFK Airport and Santo Domingo, DR and between JFK Airport and Santiago, DR. JetBlue operates these routes with Stage 3 compliant airbus A-320 aircraft, the same aircraft it presently operates to San Juan, Puerto Rico. JetBlue's A-320 aircraft are configured to carry 156 customers. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
OST-2006-23759 - Exemption - New York (JFK)-Bermuda November 8, 2007 Application of jetBlue for Renewal of Exemption JetBlue Airways Corporation files this Application for Renewal of Exemption to provide scheduled air service of persons, property and mail to Bermuda ("BDA"). By Notice of Action Taken in Docket OST-2006-23759, the Department granted JetBlue's original request filed January 26, 2006. JetBlue requests that the exemption be granted for a period of two years or until the Department takes final action on its certificate application filed with the Docket Section, in Docket OST-2004-17264, for the issuance of a certificate of public convenience and necessity for foreign combination service. JetBlue operates these routes with Stage 3 compliant EMBRAER E-190 aircraft. JetBlue's E-190 aircraft are configured to carry 100 customers. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
OST-2007-0084 Served November 28, 2007 Notice Inviting Applications | Word The Department continues to implement the regulatory streamlining initiative, announced in an August 2005 notice (Docket OST-2005-22228). Under the streamlining initiative, the Department previously invited carriers to seek, and in response issued, blanket route integration certificates and blanket open-skies certificates to qualifying U.S. air carriers. By Order 2006-1-1, we issued a five-year blanket route integration certificate to each U.S. air carrier that requested the blanket route integration authority in response to the August 2005 notice. The certificate permits the carrier to integrate all of its route authority, both currently held and prospective (subject to applicable bilateral agreement provisions and certain standard conditions). These certificates enable those U.S. carriers to enjoy greatly enhanced routing flexibility without the need to seek route integration authority as part of future exemption or certificate applications. Subsequently, a number of other U.S. air carriers have requested blanket route integration authority and still others have requested route integration on a case-by-case basis. Accordingly, since we are processing those applications, we are inviting other interested U.S. air carriers that do not currently hold a blanket route integration certificate to request one in this docket. The certificate would be subject to our standard certificate conditions, as well as the standard conditions we impose on awards of route integration authority.
Alaska Airlines, Inc. (Docket OST-2007-27790), Cargo 360, Inc. (Docket OST-2006-26419), Custom Air Transport, Inc. (Docket OST-2007-27790), and Southern Air, Inc. (Docket OST-2006-25478) have already filed applications requesting blanket route integration authority. These carriers need not respond to this Notice.
We are prepared to entertain requests for the blanket open-skies certificates from additional U.S. carriers currently authorized to conduct foreign scheduled air transportation. The decision to grant a carrier blanket open-skies certificate authority will be done on a case-by-case basis. We request that any U.S. air carrier interested in obtaining a blanket route integration certificate notify the Department no later than December 12, 2007 in Docket OST-2005-22228. U.S. air carriers who now wish to apply for blanket open-skies certificate authority, to conduct either all-cargo or combination services, should file applications with the Department in Docket OST-2007-0084, no later than December 12, 2007. By: Paul Gretch
December 11, 2007 Request of ATA Airlines for a Blanket Route Integration Certificate Pursuant to the Notice issued by the Department on November 28, 2007, ATA Airlines, Inc. hereby requests that it be granted a blanket route integration certificate for the maximum five-year period. Counsel: Zuckert Scoutt, Malcolm Benge, 202-973-7904, mlbenge@zsrlaw.com
December 11, 2007 Request of North American Airlines for a Blanket Route Integration Certificate Pursuant to the Notice issued by the Department on November 28, 2007, North American Airlines, Inc. hereby requests that it be granted a blanket route integration certificate for the maximum five-year period. Counsel: Zuckert Scoutt, Malcolm Benge, 202-973-7904, mlbenge@zsrlaw.com
December 11, 2007 Request of World Airways for a Blanket Route Integration Certificate Pursuant to the Notice issued by the Department on November 28, 2007, World Airways, Inc. hereby requests that it be granted a blanket route integration certificate for the maximum five-year period. Counsel: Zuckert Scoutt, Malcolm Benge, 202-973-7904, mlbenge@zsrlaw.com
December 12, 2007 Re: ASA In the Matter of Blanket Route Integration Authority Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Atlantic Southeast Airlines, Inc. hereby notifies the Department of its interest in obtaining a blanket route integration certificate. ASA is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notices of Action Taken dated March 4, 2004 (Docket OST-2004-17112) (U.S.-Bahamas); November 16, 2007 (Docket OST-2004-17960) (Atlanta-Providenciales); January 31, 2006 (Docket OST-2006-23689) (U.S.-Jamaica) April 5, 2006 (Docket OST-2006-24220) (U.S.-Canada); May 9, 2006 (Docket OST-2006-24591) (U.S.-Dominican Republic); June 21, 2006 (Docket OST-2006-25018) (U.S.-Belize); and October 19, 2007 (Dockets OST-2005-22550, OST-2005-23147 and OST-2006-24426) (Atlanta-Mexico). In addition, ASA is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Re: Chautauqua In the Matter of Blanket Route Integration Authority Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Chautauqua Airlines, Inc. hereby notifies the Department of its interest in obtaining a blanket route integration certificate. Chautauqua is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notice of Action Taken dated November 16, 2007 (Docket OST-2005-20255) (U.S.-Canada). In addition, Chautauqua is today applying for blanket openskies certificate authority in Docket DOT-OST-2007-0084.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Re: Comair In the Matter of Blanket Route Integration Authority Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Comair, Inc. hereby notifies the Department of its interest in obtaining a blanket route integration certificate. Comair is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notices of Action Taken dated November 16, 2007 (Docket OST-2004-17800) (U.S.-Jamaica); November 8, 2007 (Docket OST-2005-22737) (CincinnatiCancun); April 5, 2006 (Docket OST-2006-24235) (U.S.-Canada); and November 16, 2006 (Docket OST-2006-26123) (U.S.-Bahamas). In addition, Comair is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Re: Freedom Airlines In the Matter of Blanket Route Integration Authority Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Freedom Airlines, Inc., a certificated air carrier, hereby notifies the Department of its interest in obtaining a blanket route integration certificate. Although Freedom does not presently hold authority to conduct foreign scheduled air transportation other than small aircraft operations exempted under 14 C.F.R § 206.5, Freedom has held such authority in the past. See Notices of Action Taken dated February 26, 2003 (Docket OST-2003-14318) (Phoenix-Guadalajara) and March 27, 2003 (Docket OST-2003-14574) (U.S.Canada). However, Freedom is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084, and is requesting a route integration certificate in anticipation of the approval of that application and other foreign scheduled authority in the near future.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Re: Mesa Air In the Matter of Blanket Route Integration Authority Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Mesa Airlines, Inc. hereby notifies the Department of its interest in obtaining a blanket route integration certificate. Mesa is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notices of Action Taken dated December 4, 2007 (U.S.-Canada); and October 22, 2007 (Docket OST-2003-16529), February 9, 2006 (Docket OST-2003-16718), August 3, 2006 (Docket OST-2004-18440) and November 7, 2006 (Docket OST-2004-19546) (U.S.-Mexico). In addition, Mesa is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Re: Republic Airlines In the Matter of Blanket Route Integration Authority Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Republic Airline Inc. d/b/a Republic Airlines hereby notifies the Department of its interest in obtaining a blanket route integration certificate. Republic is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notices of Action Taken dated February 2, 2007 (Docket OST-2005-22506) (U.S.-Canada); and February 22, 2007 (Docket OST-2007-27199), April 12, 2007 (Docket OST-2007-27746), June 27, 2007 (Docket OST-2007-28499) and August 3, 2007 (Docket OST-2007-28760) (U.S-Mexico). In addition, Republic is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
December 12, 2007 Re: Shuttle America In the Matter of Blanket Route Integration Authority Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Shuttle America Corporation hereby notifies the Department of its interest in obtaining a blanket route integration certificate. Shuttle is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notices of Action Taken dated November 16, 2007 (Docket OST-2005-21119) (U.S.-Canada); March 31, 2006 (Docket OST-2006-24218) (U.S.-Bahamas); December 28, 2006 (Docket OST-2006-26712) (U.S-Jamaica); April 9, 2007 (Docket OST-2007-27814) (U.S.-Dominican Republic); and September 27, 2007 (Docket OST-2007-29135), October 22, 2007 (Docket DOT-OST-2007-0015) and November 28, 2007 (Docket DOT-OST-2007-0077) (Atlanta-Mexico). In addition, Shuttle is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084.Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2007-0084 - Blanket Route Integration Authority and Blanket Open-Skies Certificate Authority December 18, 2007 SkyWest hereby applies for a certificate of public convenience and necessity authorizing SkyWest to engage in scheduled foreign air transportation of persons, property and mail, including authority to operate via the U.S. and intermediate points to a point or points within countries with which the U.S. has a bilateral or multilateral open skies agreement. Further, SkyWest applies for a certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and each of the following effectively open-entry Caribbean countries:
SkyWest requests that the Department consider its application in parallel to the other applications pending in this docket and that the Department also require that any answers be due on January 2, 2008. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2500, lhalloway@crowell.com OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Air Carriers February 6, 2008 Re: Air Wisconsin Request for Integration Authority Air Wisconsin Airlines Corporation requests, in conjunction with its Application for Certificate of Public Convenience and Necessity in Docket OST-2005-22462, that it be granted as extensive integration authority as possible with the grant ofits certificate. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2725, jhill@dowlohnes.com
Order 2008-5-4 Issued March 4, 2008 | Served May 7, 2008 Order Issuing Certificates - Bookmarked We grant the request of each of the following applicants for a blanket route integration certificate of public convenience and necessity: Air Wisconsin Airlines Corporation; Alaska Airlines, Inc.; Atlantic Southeast Airlines, Inc.; ATA Airlines, Inc.; Cargo 360, Inc.; Chautauqua Airlines, Inc.; Comair, Inc.; Custom Air Transport, Inc.; Mesa Airlines, Inc.; North American Airlines, Inc.; Republic Airlines, Inc.; Shuttle America Corporation; Southern Air, Inc.; and World Airways, Inc. The certificate issued to each applicant will be effective upon the service date of this order. We defer action on the request of Freedom Airlines, Inc. for a blanket route integration certificate of public convenience and necessity. We accept Air Wisconsin Airlines Corporation’s late-filed request for a blanket route integration certificate of public convenience and necessity. By: Paul Gretch |
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