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OST-2007-28868 - Pinnacle Airlines - Foreign Certificate - US-Canada
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OST-2007-28868 - Certificate of Public Convenience and Necessity - US-Canada July 26, 2007 Application for a Certificate of Public Convenience and Necessity By: Pinnacle, Chris Harrison, 901-348-2483, charrison@nwairlink.com
OST-2007-28867 - Certificate of Public Convenience and Necessity - Interstate - US-Canada August 29, 2007 DOT Request for Additional Information
By: Damon Walker
September 20, 2007 Re: Partial Granting of Confidential Treatment We have decided to grant in its entirety Pinnacle’s July 26 motion to withhold information from public disclosure. The Department generally grants confidential treatment to contractual agreements and markets an applicant proposes to serve, and we see no reason not to do so here. While the Department generally does not grant confidential treatment to an applicant’s financing plans or first- year operating forecast, we find that the grant of confidential treatment is warranted in this case in light of Pinnacle’s service agreement with Delta. In regards to Pinnacle’s September 19 motion to withhold information from public disclosures, we have decided to grant confidential treatment to the Delta Connection Agreement between Delta and Pinnacle. We find this information is similar to material we have granted confidential treatment to in the past and see no reason no to do so here. However, the remaining material requested confidential treatment, specifically the pre-operating expense forecast, forecast financial statements, is denied. In doing so, we find that the applicant has not shown that substantial harm to its competitive position would result from public disclosure of the given information and such information is not the type that is normally released to the public. Under Rule 12, a Department ruling on motions for confidential treatment will not take effect if, within five business days after issuance, the person requesting confidential treatment files a petition for reconsideration of that decision, or files a statement that he or she in good faith intends to seek judicial review of the decision. If Pinnacle elects to petition the Department as to this confidentiality determination, we expect that it will provide a statement explaining how the item falls within the exceptions under the Freedom of Information Act and is not otherwise required to be filed publicly by all applicants for certificate authority. Responses shall be due within five calendar days of the filing of such a petition. If Pinnacle elects not to file a petition, we direct that the information identified above for which confidential treatment was denied be submitted in the public docket in this proceeding within five business days of the date of this letter. By: Aviation Analysis, Lauralyn Remo
Order 2007-10-27 Issued and Served October 24, 2007 Order Issuing Interstate Certificate Authority Pinnacle now seeks certificate authority to operate 16 76-seat CRJ-900 aircraft on behalf of Delta Airlines, Inc. pursuant to an Airline Services Agreement. The air carrier intends to commence operations under the agreement with Delta on or around December 1, 2007. Operations under the Delta code-share agreement will initiate from bases at Salt Lake City and/or Los Angeles International Airport. Ultimately, Pinnacle will operate 16 operational patterns under the Delta agreement. The Department has carefully reviewed Pinnacle’s fitness to undertake the large (76 seat) aircraft operations at issue. No special issues regarding the applicant have come to our attention and no objections to the application have been filed. Moreover, we note that Pinnacle’s commuter operations, using aircraft with up to 50 seats, have been conducted satisfactorily under its current ownership and management. In light of these circumstances, we have decided that neither an oral evidentiary hearing nor a show cause proceeding is necessary for us to make a decision in this case. We find that Pinnacle Airlines, Inc. d/b/a Northwest Airlink d/b/a Delta Connection, is fit, willing, and able to engage in interstate and foreign scheduled air transportation of persons, property, and mail. We issue a certificate of public convenience and necessity to Pinnacle Airlines, Inc. d/b/a Northwest Airlink d/b/a Delta Connection to engage in interstate air transportation. We cancel the commuter authority issued to Pinnacle Airlines, Inc. d/b/a Northwest Airlink d/b/a Delta Connection, by Order 1985-5-125. By: Michael Reynolds
Order 2008-1-1 Issued October 24, 2007 | Served January 3, 2008 Order Issuing Foreign Certificate Authority By this order we are issuing a companion certificate to Pinnacle, authorizing it to engage in foreign scheduled air transportation between the United States and Canada. Instead of repeating our findings and conclusions in Order 2007-10-27, we incorporate them here by reference. By: Michael Reynolds |
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