OST-2008-0252 - Antitrust Immunity

May 18, 2009

Public Answer of The Allied Pilots Association

The terms of the Joint Business Agreement do not favor U.S. labor. On the contrary, they restrict the expansion of U.S. flying in the most favorable EU markets and deny to U.S. labor the full benefits of the new opportunities resulting fi"om the U.S. - EU Open Skies Agreement. Accordingly, the APA strongly opposes granting anti-trust immunity in this case. It respectfully requests that the Department of Transportation deny the Joint Application or - at the very least - that it require the Joint Applicants to provide stringent protections for U.S. labor.

Counsel: James & Hoffman, Marie Chopra, 202-496-0500

American Airlines Pilots Form Letter in Opposition

May 18, 2009

Answer of The American Society of Travel Agents and The Interactive Travel Services Association - Bookmarked

Motion for Confidential Treatment Under 14 CFR 302.12

Forcing travel agents and corporate accounts to negotiate with very large carriers as a block for access to their combined transatlantic route networks would radically tip the negotiating scales even further in favor of airlines, and result in even higher fares. With their dominant position in the critical U.S.-Heathrow market, the Joint Applicants would have powerful leverage against travel agents. No individual agency could hope to compete with other travel agencies and airlines' websites if it lost the ability to sell the transatlantic services of the oneworld carriers, particularly their Heathrow services. This added leverage could degrade and even destroy any online travel agency or traditional "brick and mortar" agency that refused to succumb to lower compensation or the increased demands of the combined alliance carriers

Counsel: Pillsbury Winthrop, Kenneth Quinn, 202-663-8000

May 18, 2009

Answer of The Dallas-Fort Worth International Airport in Support - Bookmarked

Exhibits of DFW Airport

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305

May 18, 2009

Answer of Spirit Airlines

Spirit does not take a position on whether the Department should approve these agreements and grant the requested antitrust immunity. However, the grant of any antitrust immunity must not extend to codeshare flights involving restricted entry markets in South America. As the Department knows, American, through its Miami International hub, dominates the market between South Florida and destinations in South America including to non-open skies countries that limit the number of U.S. carriers that can serve a market, restrict frequencies or restrict both entry and frequencies. American should not be free to discuss fares (beyond conventional pro-rate agreements) or engage in revenue pooling or other conduct that may violate antitrust laws for codeshare flights to restricted markets that could enable American to distort competitive pricing in the local markets.

Spirit urges the Department to impose a condition similar to that imposed in its Skyteam Alliance decision making clear that any grant of immunity does not apply within any market for non-transatlantic international air transportation. See, Skyteam Alliance, Order to Show Cause 2008-4-17 (April 9, 2008). The restriction in the Skyteam flowed from the potential for collateral impact on domestic and other competition from the presence of two U.S. carriers in the immunized alliance. However, a similar concern clearly is created in this proceeding because of the severe restrictions on competition imposed by non-open skies bilateral agreements in various codeshare markets. The presence of open skies is the sine qua non for grant of antitrust immunity.

Counsel: Kirstein & Young, Joanne Young, 202-331-3348

Order 2009-5-5
OST-2008-0301 - Foreign Air Carrier Permit and Exemption - EU-US

Issued February 26, 2009 | Served May 5, 2009

Final Order

By Order 2009-1-20, issued January 29, 2009, we directed all interested persons to show cause
why we should not make final our tentative findings and conclusions stated therein and award a
foreign air carrier permit in the form attached to the Order and subject to the conditions attached
thereto. We gave interested persons 21 days to file objections to the Order. We said that if no
objections were filed, all further procedural steps would be deemed waived, and the Department
would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make
final the findings and conclusions of the Order.

By: Paul Gretch

http://www.orbest.pt/

]]> Tue, 05 May 2009 21:25:03 -0400 orbest-final-order-euus-scheduled-passenger http://airlineinfo.com Essential Air Service at Akutan, Alaska

Order 2009-5-4
OST-2000-7068

Issued and Served May 5, 2009

Order Selecting Carrier

We have decided to reselect PenAir. As we have noted before, subsidy is required because of the high cost of operating to Akutan, due to the community's extreme isolation, 759 miles from Anchorage. Also, Akutan requires service with seaplane aircraft, and is best served with the Grumman Goose. The Grumman Goose is a very old but reliable aircraft that has been out of production for some time, and as such the expense of operating the aircraft is very high.

We find the proposed subsidy rate reasonable for the service to be provided. Traffic has decreased slightly, with revenue decreasing by $33,254 from the current rate. Projected fuel expense and flying operations have increased by $43,423 and $35,761, respectively. Parts are becoming increasingly difficult for PenAir to obtain, and the carrier is cannibalizing aircraft to keep the aircraft operating reliably at Akutan. All of these factors contribute to, and justify, the level of subsidy requested.

We shall make this selection at Akutan contingent upon the Department's receiving properly executed certifications from PenAir that it is in compliance with the Department's regulations regarding drug‑free workplaces and nondiscrimination, as well as the regulations governing lobbying activities.

By: Christa Fornarotto

http://en.wikipedia.org/wiki/Akutan,_Alaska
http://www.welcometoalaska.com/Communities/akutan.htm

http://www.penair.com/

]]> Tue, 05 May 2009 21:24:21 -0400 eas-at-akutan-ak-selecting-carrier-penair http://airlineinfo.com Prince Edward Air Ltd. d/b/a PE Air

OST-2009-0088 - Foreign Air Carrier Permit and Exemption - Hamilton-JFK All-Cargo

May 1, 2009

Re: Clarifying Ownership of Cargojet Airways

Attachment: Cargojet Income Fund - Annual and Special Meeting of Unitholders to be Held on March 31, 2009

As a means of clarifying the ownership of Cargojet Airways, part owner of Prince Edward Air Ltd., we are submitting the accompanying document, Cargojet Income Fund Information Circular, which is a matter of public record. Within the Cargojet Income Fund Information Circular, the following required information is defined. > Shareholders with more than 10% voting rights > Names/residency of all corporate trustees, directors, and officers.

By: Todd Gilbert, Manager of Flight Operations

CargoJet Airways' Filings

http://www.peair.com/

]]> Tue, 05 May 2009 21:23:49 -0400 prince-edward-air-clarifying-the-ownership-of-ca http://airlineinfo.com Eurowings Luftverkehrs AG

OST-2009- Exemption and Statement of Authorization - Intra-EU-US Codeshare with United Air Lines

May 5, 2009

Application for an Exemption and Statement of Authorization - Bookmarked

Eurowings operates flights with its own aircraft and crew within Europe on behalf of Lufthansa under the "Lufthansa Regional" name pursuant to a marketing and franchise agreement. Lufthansa and United hold authority from the Department to engage in code sharing on a reciprocal basis Eurowings, United, and Lufthansa have executed a code‑share agreement providing for Eurowings to display United's designator code on the flights it operates within Europe for Lufthansa. Accordingly, in order to further implement these code‑share arrangements, Eurowings hereby requests that the Department grant it the authority necessary to display United's "UA" designator code on all flights it operates within Europe on behalf of Lufthansa.

Order 98-4-8 (Undocketed). United and Lufthansa also hold the necessary economic authority from the Department to conduct the operations proposed herein. See Orders 2007-4-19 (United's open skies certificate authority) and 2008-1-20 (Lufthansa's U.S-EU foreign air carrier permit).

Eurowings holds similar authority as requested herein permitting Eurowings to display US Airways' "US" designator code on all flights it operates within Europe on behalf of Lufthansa. See Notices of Action Taken dated May 2, 2007 (exemption) and April 21, 2005 (statement of authorization) in Docket DOT-OST-2005-20658.

Counsel: Wilmer Cutler, David Heffernan, 202-663-6360

http://www.eurowings.de/

]]> Tue, 05 May 2009 21:23:03 -0400 eurowings-intraeuus-codeshare-with-united http://airlineinfo.com Contact Air Flugdienst GMBH & Co.

OST-2009- Exemption and Statement of Authorization - Intra-EU-US Codeshare with United Air Lines

May 5, 2009

Application for an Exemption and Statement of Authorization - Bookmarked

Contact Air operates flights with its own aircraft and crew within Europe on behalf of Lufthansa under the "Lufthansa Regional" name pursuant to a marketing and franchise agreement. Lufthansa and United hold authority from the Department to engage in code sharing on a reciprocal basis. Contact Air, United, and Lufthansa have executed a code-share agreement providing for Contact Air to display United's designator code on the flights it operates within Europe for Lufthansa. Accordingly, in order to further implement these code-share arrangements, Contact Air hereby requests that the Department grant it the authority necessary to display United's "UA" designator code on all flights it operates within Europe on behalf of Lufthansa.

Order 98-4-8 (Undocketed). United and Lufthansa also hold the necessary economic authority from the Department to conduct the operations proposed herein. See Orders 2007-4-19 (United's open skies certificate authority) and 2008-1-20 (Lufthansa's U.S-EU foreign air carrier permit).

Counsel: Wilmer Cutler, David Heffernan, 202-663-6360

http://www.contactair.de/

]]> Tue, 05 May 2009 21:22:00 -0400 contact-air-intraeuus-codeshare-with-united http://airlineinfo.com Augsburg Airways GMBH

OST-2009- Exemption and Statement of Authorization - Intra-EU-US Codeshare with United Air Lines

May 5, 2009

Application for an Exemption and Statement of Authorization - Bookmarked

Augsburg Airways operates flights with its own aircraft and crew within Europe on behalf of Lufthansa under the "Lufthansa Regional" name pursuant to a marketing and franchise agreement. Lufthansa and United hold authority from the Department to engage in code sharing on a reciprocal basis. Augsburg Airways, United, and Lufthansa have executed a code‑share agreement providing for Augsburg Airways to display United's designator code on the flights it operates within Europe for Lufthansa. Accordingly, in order to further implement these code‑share arrangements, Augsburg Airways hereby requests that the Department grant it the authority necessary to display United's "UA" designator code on all flights it operates within Europe on behalf of Lufthansa.

United plans to code share on flights within Europe operated by Augsburg Airways under the "Lufthansa Regional" name in city pairs that have been or will be notified to the Department by United, Lufthansa and/or Augsburg Airways in accordance with applicable requirements.

Order 98-4-8 (Undocketed). United and Lufthansa also hold the necessary economic authority from the Department to conduct the operations proposed herein. See Orders 2007-4-19 (United's open skies certificate authority) and 2008-1-20 (Lufthansa's U.S-EU foreign air carrier permit).

Counsel: Wilmer Cutler, David Heffernan, 202-663-6360

http://www.augsburgair.de

]]> Tue, 05 May 2009 21:21:28 -0400 augsburg-airways-intraeuus-codeshare-with-unit http://airlineinfo.com Scandinavian Airlines System and Air Baltic Corporation JSC

OST-2009- Statement of Authorization and Exemption - Intra-European Codeshare

May 4, 2009

Joint Application for Statements of Authorization and Related Exemption Authority - Bookmarked

Hereby request that the Department issue SAS a blanket statement of authorization under 14 C.F.R. Part 212 that would permit SAS to display AirBaltic's "BT" designator code on all of its transatlantic flights from Stockholm, Sweden and Copenhagen, Denmark, and other points in the European Union to and from points in the United States, and to grant AirBaltic related exemption authority from 49 U.S.C. § 41301 pursuant to 49 U.S.C. § 40109 to the extent necessary to allow it to engage in scheduled foreign air transportation between points in the European Union and points in the United States pursuant to codeshare arrangements with SAS. All of AirBaltic's U.S. service under the exemption authority will be provided through its codeshare with SAS on SAS-operated flights; AirBaltic has not previously and will not under the codeshare directly operate any flights to or from the United States.

AirBaltic was established in 1995 with the signing of a joint venture agreement between SAS and the Latvian state. The Latvian state has always held a 52,6% majority stock interest. SAS initially owned 29% of AirBaltic's stock, which was increased to 47.2% through additional stock purchases made in October of 2001 from the other participants. The business relationship between SAS and AirBaltic has always been a close one. AirBaltic identifies SAS on its website as a partner, it co-ordinates its flight schedules from the Baltic states with SAS flights, and it participates in SAS's EuroBonus frequent flyer program.

In 2008 AirBaltic completed a large fleet expansion, bringing its fleet to 26 aircraft, including 2 Boeing 757-200s, 6 Boeing 737-300s, 10 Boeing 737-500s, and 8 F-27MK 050 aircraft. Operating principally from Riga, Latvia and Vilnius, Lithuania, AirBaltic carried nearly 2.8 million passengers to and from 54 destinations, including SAS's hubs at Copenhagen, Stockholm, and Oslo.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3301

http://www.flysas.com
http://www.airbaltic.com

]]> Mon, 04 May 2009 16:07:11 -0400 sas-and-air-baltic-intraeuropean-codeshare http://airlineinfo.com Essential Air Service at Fort Leonard Wood, Missouri

OST-1996-1167

April 23, 2009

Email Message - Fort Leonard Wood in Support of Great Lakes Aviation

As per our conversation this email addresses Ft Leonard Wood approval for Great Lakes Aviation to operate commercial air services to and from St Louis and Kansas City. Sorry for this email being late but had many other issues on the first burner.

By: Joe Brown, 573-596-0614

]]> Sat, 02 May 2009 09:49:38 -0400 eas-at-fort-leonard-wood-mo-ft-leonard-wood-in http://airlineinfo.com Pinnacle Airlines, Inc.

OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

May 1, 2009

Request for Streamlining of Certificates

On behalf of Pinnacle Airlines, Inc., this letter responds to the Department's above-captioned notice. Pinnacle requests issuance of two certificates of public convenience and necessity pursuant to the Notice.

Pinnacle requests that the Department issue to Pinnacle two non-open-skies certificates. The first would encompass Pinnacle's two exemptions to serve markets that are not entry- or frequency-limited. The second would encompass Pinnacle's three exemptions to serve U.S.-Mexico city-pair markets. This will enable Pinnacle to replace its numerous two-year exemption authorities ""ith certificate authority and will establish two non-open-skies certificates onto which new routes may be added in the future, as described at page 2 of the Notice. These steps will contribute to administrative efficiency and economy.

Pinnacle holds exemption authority to engage ill scheduled foreign air transportation ofpersous, property and mail in the following markets, neither of which is entry-or frequency-limited, to the best of Pinnacle's understanding:

1. U.S.-Turks & Caicos Islands, Docket OST-2008-0086, and
   
2. U.S.-Belize, Docket OST-2008-0376
   

Pinnacle holds exemption authority to engage in scheduled foreign air transportation of persons, property and mail in the following U.S.-Mexico city-pair markets, which are entry-limited:

1. Atlanta-Coznmel, Docket OST-2008-0005,
   
2. Atlanta-Guadalajara, Docket OST-2009-0045, and
   
3. Atlanta-Monterrey, Docket OST-2009-0045.
   

None ofthe authority listed in 1 and 2 above is limited to code-share service.

Counsel: Garofalo Goerlich, Gary Garofalo

http://www.flypinnacle.com/

]]> Sat, 02 May 2009 09:49:04 -0400 pinnacle-airlines-request-for-streamlining-of-op http://airlineinfo.com International Air Transport Association

OST-2009-0102

April 29, 2009

Application for Statement of Authorization

Mail Vote 599 - Resolution 010c TC3 Special Passenger Amending Resolution between Japan, Korea (Rep. of) and China (excluding Hong Kong SAR and Macao SAR), and between Japan and Korea (Rep. of) (Memo 1293).

Counsel: IATA, Doug Lavin

http://www.iata.org/

]]> Sat, 02 May 2009 09:48:16 -0400 iata-tc3-special-passenger-amending-resolution-b http://airlineinfo.com Eurowings Luftverkehrs AG

OST-2005-20658 - Exemption and Statement of Authorization - Codeshare with US Airways

April 29, 2009

Application for Renewal of an Exemption

Eurowings Luftverkehrs AG hereby applies for renewal of an exemption from 49 U.S.C. § 41301 permitting Eurowings to display the designator code ofUS Airways, Inc. on all flights operated by Eurowings on behalf of Deutsche Lufthansa AG within Europe.

By Notice of Action Taken dated April 21, 2005 (Docket OST-2005-20658), Eurowings was granted an indefInite statement of authorization to display US Airways' code on flights operated by Eurowings within Europe.

Counsel: Wilmer Hale, David Heffernan, 202-663-6360

http://www.eurowings.de/

]]> Sat, 02 May 2009 09:47:39 -0400 eurowings-codeshare-with-us-airways-renewal http://airlineinfo.com Delta Air Lines, Inc.

OST-2005-22025 - Exemption - Atlanta-Puerto Vallarta
OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
OST-2005-22415 - Exemption - Los Angeles-Cancun
OST-2005-22243 - Exemption - New York/Newark-Cozumel
OST-2001-10457 - Exemption - Cincinnati-Cancun
OST-2000-6816 - Exemption - Mexico City-Chicago
OST-2000-7390 - Exemption - Atlanta-San Jose del Cabo
OST-2000-8270 - Exemption - Guadalajara-Ontario
OST-2005-21075 - Exemption - Salt Lake City-Puerto Vallarta
OST-2007-28948 - Exemption - Hartford, Orlando, Raleigh/Durham-Cancun
OST-2007-29356 - Exemption and Allocation of Frequencies - New York-Cape Town via Dakar
OST-1997-3051 - Exemption - Atlanta-Antigua/St. Lucia
OST-1999-5749 - Exemption - US-Belize
OST-2008-0045 - Exemption - US-Guyana
OST-2007-0006 - US-Colombia Frequency Allocation
OST-2008-0185 - Exemption - New York-Buenos Aires
OST-2008-0212 - Frequency Allocation and Exemption Authority - US-Japan Same-Country Codesharing with Northwest
OST-2008-0232 - Exemption - Nashville-Cancun
OST-2008-0227 - Exemption and Frequencies - US-Brazil
OST-2008-0312 - Exemption and Statement of Authorization - US-Mexico Codesharing with AeroMexico
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers
OST-2007-26805 - Statements of Authorization and Related Exemption - US-Russia Codesharing with Aeroflot
OST-2008-0353 - Exemption - Atlanta-Luanda/Malabo via Sal
OST-2008-0307 - 2008 US-Brazil Combination Frequency Allocation
OST-2008-0374 - Exemption - US-Mexico Codesharing on Routes Operated by Northwest and Compass
OST-2005-20145 - Exemption - Blanket Codeshare Authority
OST-2007-28567 - 2007/2008/2009 US-China Frequency Allocation
OST-1997-3289 - AeroMexico - Exemption - Blanket US-Mexico Beyond Gateways Codesharing
OST-2000-7708 - Delt and AeroMexico - Exemption/Statement of Authorization - United States-Mexico Code-Sharing
OST-2001-10833 - Delta and Aerolitoral - Statement of Authorization - US-Mexico Codesharing

May 1, 2009

Application for Renewal of Exemptions

Delta Air Lines, Inc. hereby requests renewal of the exemption and certificate authorities which enable Delta to offer scheduled foreign air transportation of persons, property and mail between the United States and various foreign points. The international services for which renewal is sought are operated either by Delta or its codeshare partners. Delta requests renewal of its exemptions for a period of at least two years, and renewal of its certificates for a period of at least five years.

Counsel: Delta, Sascha Van der Bellen, 202-842-4184

http://www.delta.com/

]]> Sat, 02 May 2009 09:47:00 -0400 delta-certificate-renewals http://airlineinfo.com Volga-Dnepr J.S. Cargo Airline

OST-2009-0097 - Emergency Exemption - Hunter AAF-Biggs AAF

April 24, 2009

Notice of Action Taken

Exemption from 49 USC § 40109(g) to permit the applicant to operate one, one-way, all-cargo charter flight, using its AN-124-100 aircraft, carrying outsized cargo on behalf of the U.S. Department of Defense between Hunter Army Air Field, Georgia, and Biggs Army Air Field, Texas, during the period April 27-29, 2009. The applicant states that the flight would carry OH-58D helicopters and support equipment. The applicant asserts that DOD needs the subject lift to ensure the smooth rotation of equipment without disruption to operational missions; that the DOD organic lift scheduled to transport the cargo was diverted to other areas; that the cargo is too large for transportation on any commercially available U.S. aircraft; and that surface transportation is not feasible because of the nature of the cargo and the urgency of the shipment.

By: Christa Fornarotto

http://www.volga-dnepr.com/

]]> Thu, 30 Apr 2009 21:18:40 -0400 volgadnepr-hunter-army-air-field-gabiggs-army http://airlineinfo.com Virgin Atlantic Airways, Ltd.

OST-2009-0022 - Statement of Authorization - US-UK Codesharing with bmi

Filed April 16, 2009 | Approved April 30, 2009

Department Action on Application

Application of Virgin Atlantic Airways Ltd. to amend its existing statement of authorization to permit Virgin Atlantic to display the BD* designator code of British Midland Airways Ltd. on flights operated by Virgin Atlantic between the United Kingdom and any of Virgin Atlantic’s current or future U.S. gateways.

By: Shelita Johnson

http://www.virgin-atlantic.com/

]]> Thu, 30 Apr 2009 21:17:37 -0400 virgin-atlantic-usuk-codesharing-with-bmi http://airlineinfo.com American Airlines, Inc.

OST-2008-0186 - Allocation of Five Weekly Combination Frequencies - New York-Buenos Aires

Filed April 6, 2009 | Approved April 29, 2009

Approval of Temporary Dormancy Waiver

We will grant the carrier's request for a dormancy waiver for three of its five weekly U.S.-Argentina combination frequencies. We will require the carrier to resume service no later than November 19, 2009.

We note that American did not request a dormancy waiver for the remaining two frequencies; therefore these frequencies will automatically revert to the Department.

By: Thuy Cooper

http://www.aa.com/

]]> Thu, 30 Apr 2009 21:04:32 -0400 american-new-york-jfkbuenos-aires-temporary-d http://airlineinfo.com Yangtze River Express Airlines Co., Ltd.

OST-2006-24629 - Foreign Air Carrier Permit - China-US All-Cargo
OST-2006-24630 - Exemption - China-US All-Cargo

April 29, 2009

Answer of Dallas/Fort Worth International Airport

The Dallas/Fort Worth International Airport answers in strong support of Yangtze River Express Airline Co. Ltd.'s application to provide all-cargo service between DFW and Shanghai, China beginning May 9, 2009. Grant of this Application, coming in the midst of the global economic recession, would expand DFW's international route network, especially for transpacific freighter services, and convenience Dallas/Fort Worth area shippers who need to move goods to and from China.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305

]]> Thu, 30 Apr 2009 21:03:59 -0400 yangtze-river-express-answer-of-dfw-airport-in-s http://airlineinfo.com United Air Lines, Inc. and Air New Zealand Limited

OST-1999-6013 - Blanket Statement of Authorization - US-New Zealand

April 30, 2009

Notice of Additional Codeshare Services

United Air Lines, Inc. and Air New Zealand Limited hereby provide blanket notification of their intent to engage in reciprocal code-share services:

• Between any point or points in the United States and any point or points in New Zealand (on a non-stop basis and intermediate routings via open-skies points);
  
• Between points in the United States;
  
• Between points in New Zealand;
  
• Beyond New Zealand to any open-skies point or points; and,
  
• Beyond the United States to any open-skies point or points.
  

Services to new code-share points covered by this Notice will commence on and after May 30, 2009.

Counsel: Fulbright & Jaworski, Susan Gotbetter, 212-318-3121 for Air New Zealand / Jeffrey Manley, 301-229-8571 for United

http://www.united.com/
http://www.airnewzealand.com/

]]> Thu, 30 Apr 2009 21:03:09 -0400 united-and-air-new-zealand-additional-codesharin http://airlineinfo.com H1N1 Flu Outbreak

April 30, 2009

Re: Letter from The Air Transport Association of America to Vice President Biden

On behalf of the nation's airlines, I am writing to express my extreme disappointment at your suggestion that people should avoid air travel in response to the H1N1 flu outbreak. You should be aware that the airlines have been working daily with the cadre of government agencies responding to the outbreak and that we are taking all appropriate actions to assure the health of our customers and our employees. While individuals who are feeling ill should remain home, no responsible officials or healthcare professionals have suggested that people avoid air travel. The fact is that the air onboard a commercial aircraft is cleaner than that in most public buildings.

As I am certain you would agree, we need to deal responsibly with the flu threat but, at the same time, while following professional healthcare advice, keep our economy moving forward.

By: ATA, James May

]]> Thu, 30 Apr 2009 21:00:41 -0400 h1n1-flu-outbreak-letter-from-the-air-transport http://airlineinfo.com Prescott Support Company, Inc.

OST-2008-0187 - Certificate of Public Convenience and Necessity - Foreign All-Cargo
OST-2008-0188 - Certificate of Public Convenience and Necessity - Interstate All-Cargo

April 28, 2009

Re: Additional Information Response - Bookmarked

1. Air Carrier Certificate
   
2. Certificate of Insurance
   
3. Statement of Pre-Operating Expenses
   
4. Third-Party Verification of Funds
   

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2527

http://www.prescottsupport.com/

]]> Wed, 29 Apr 2009 15:36:18 -0400 prescott-support-company-additional-information http://airlineinfo.com United Air Lines, Inc.

OST-2004-19148 - Exemption - US-Worldwide Blanket Codeshare

April 29, 2009

Application to Renew and Amend an Exemption

United requests renewal of its broad exemption authority granted in Docket OST-2004-19148 to enable it to provide third-country code-share services to any point worldwide under its code-share arrangements with certain foreign air carrier partners holding appropriate authority from DOT. This authority was last renewed and amended by Notice of Action Taken dated July 17, 2007. The amendment granted at that time allowed United to exercise the blanket exemption authority on flights operated by foreign carriers that are currently authorized, or that in the future become authorized, to operate flights on behalf of United’s blanket code-share foreign partners already named in the exemption.

United also requests that its exemption authority be amended to include the authority to permit United to display its designator code on flights operated by Aer Lingus and any authorized carrier that operates flights on Aer Lingus’ behalf in the future to points not already covered by United’s existing authorities. United and Aer Lingus received a blanket statement of authorization on July 25, 2008 in Docket OST-2008-0176. The authority requested herein is fully consistent with the U.S.-EU Open-Skies Agreement. United requests that this authority as amended be granted for an indefinite period or, at a minimum, for a period of two years.

United currently has pending applications for blanket statements of authorization with Croatia Airlines (OST-2007-28897) and Jet Airways (OST-2008-0164). In the event that the Department approves either or both of those applications before it issues a decision on this renewal and amendment application, United further requests that the Department amend its blanket exemption authority to include Croatia Airlines and/or Jet Airways and any authorized carriers that operate on their behalf.

In addition, the Department should amend United’s exemption authority to include Jet Airways and Croatia Airlines in the event either or both of those applications are approved before this renewal application is granted.

Counsel: United, Julie Oettinger, 301-229-8571

http://www.united.com/

]]> Wed, 29 Apr 2009 15:35:44 -0400 united-usworldwide-blanket-codeshare-with-aer-l http://airlineinfo.com jetBlue Airways Corporation

OST-2009- Exemption - JFK-St. Lucia

April 29, 2009

Application for an Exemption

The exemption requested herein is for the transportation of persons, property and mail, in combination service between JFK and UVF beginning with service on Sundays, Mondays, and Thursdays, and increasing to daily service based on demand. JetBlue will operate this route with Stage 3-compliant A320 aircraft. JetBlue's A320 aircraft are configured to carry 150 customers. Service will commence in October of this year.

Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000

http://www.jetblue.com/

]]> Wed, 29 Apr 2009 15:35:12 -0400 jetblue-jfkst-lucia http://airlineinfo.com Travel Service A.S. d/b/a Smart Wings

Order 2009-4-22
OST-2008-0382 - Exemption and Foreign Air Carrier Permit - EU-US Charters

Issued February 23, 2009 | Served April 28, 2009

Final Order

By Order 2009-1-19, issued January 29, 2009, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch

http://www.travelservice.aero/en/

]]> Tue, 28 Apr 2009 21:14:08 -0400 smart-wings-final-order-euus-charters-1 http://airlineinfo.com Southwest Airlines, Co.

Order 2009-4-12
OST-2008-0392 - Exemption and Certificate - US-Canada

Issued February 23, 2009 | Served April 27, 2009

Order Issuing Certificate

By this order we grant the applicant a certificate of public convenience and necessity.

This order addresses only the award of certificate authority, as we have already granted to Southwest Airlines Co. exemption authority to serve between the United States and Canada (see Notice of Action Taken dated January 9, 2009, in the instant docket).

Southwest states that it intends to offer service to Canada via a code-share arrangement with WestJet Airlines, Inc. The carrier also states that it will apply for the necessary statements of authorization once the final code-share routings have been determined.

We find that grant of this authority is consistent with the public interest and, based on officially noticeable data, we find that Southwest is fit to conduct the scheduled foreign air transportation for which it seeks authority here (see Order 2005-12-4 and Notice of Action Taken dated January 9, 2009, in Docket OST-2008-0392). Southwest is an operating certificated air carrier, for which the authority at issue here would not constitute a substantial change in operations requiring further review by the Department. No information has come to our attention which leads us to question the fitness of Southwest to perform the authority it seeks.

By: Paul Gretch

http://www.southwest.com/

]]> Tue, 28 Apr 2009 21:10:36 -0400 southwest-issuing-certificate-uscanada http://airlineinfo.com Travel Service A.S. d/b/a Smart Wings

Order 2009-4-22
OST-2008-0382 - Exemption and Foreign Air Carrier Permit - EU-US Charters

Issued February 23, 2009 | Served April 28, 2009

Final Order

By Order 2009-1-19, issued January 29, 2009, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch

http://www.travelservice.aero/en/

]]> Tue, 28 Apr 2009 21:09:02 -0400 smart-wings-final-order-euus-charters http://airlineinfo.com Essential Air Service at Eleven Kodiak Island, Alaska Communities

Order 2009-4-23
OST-2000-6945

Issued and Served April 28, 2009

Order Selecting Carrier

By this order, the Department is re-selecting Redemption, Inc., d/b/a Island Air Service, to provide essential air service at Alitak, Amook Bay, Kitoi Bay, Moser Bay, Olga Bay, Port Bailey, Port Williams, Seal Bay, West Point, Uganik, and Zachar Bay, Alaska, at a combined annual subsidy rate of $143,061 through October 31, 2011.

We have reviewed each carrier’s proposal and the communities’ comments, and have decided to re-select Island Air. This case is very straightforward: Island Air’s proposal is $32,369 less than that proposed by Servant Air, $143,061 vs. $175,430, and the communities support the selection of Island Air. This is especially noteworthy because Island Air, as the incumbent carrier, has a great deal of recent experience in providing the service, and the communities are supporting a known quantity.

By: Todd Homan

]]> Tue, 28 Apr 2009 21:05:31 -0400 eas-at-kodiak-ak-communities-selecting-island-a http://airlineinfo.com Essential Air Service at Fort Dodge and Mason City, Iowa and Thief River Falls, Minnesota

Order 2009-4-20
OST-2001-10684 - Fort Dodge, Iowa
OST-2001-10682 - Mason City, Iowa
OST-2001-10642 - Thief River Falls, Minnesota

Issued and Served April 27, 2009

Order Selecting Carrier and Establishing Subsidy Rates

By this order, the Department is re-selecting Mesaba Aviation, Inc., d/b/a Delta Connection to continue providing subsidized essential air service at Fort Dodge and Mason City, IA, and Thief River Falls, MN, for the two-year period beginning June 1, 2009, at the annual subsidy rates of $2,225,213 for Fort Dodge and Mason City, and $1,230,322 for Thief River Falls.

Mesaba proposes to continue providing its current level of service at all three communities -- 18 one-stop round trips per week at Fort Dodge and 18 nonstop round trips per week at Mason City (over a Fort Dodge-Mason City-Minneapolis routing). This service would continue to be provided with 34-seat Saab 340 aircraft, but, because of the recent Northwest-Delta merger, the service will be operated as Delta Connection, not Northwest Airlink as in the past.

By: Christa Fornarotto

http://www.masoncity.net/departments/Airport%20Commission/index.php?dept=Airport%20Commission - Mason City Municipal Airport
http://www.fortdodgeiowa.org/department/index.asp?fDD=5-0 - Fort Dodge Regional Airport
http://www.visitthiefriverfalls.com/visit/transportation.htm - Thief River Falls Regional Airport

]]> Tue, 28 Apr 2009 21:04:19 -0400 eas-at-fort-dodge-and-mason-city-ia-and-thief-riv http://airlineinfo.com Essential Air Service at Alliance and Chadron, Nebraska

Order 2009-4-19
OST-2000-8322

Issued and Served April 27, 2009

Order Re-Selecting Carrier

By this order, the Department is re-selecting Great Lakes Aviation, Ltd. to provide essential air service at Alliance and Chadron, Nebraska, at a combined annual subsidy rate of $1,955,217, for the two-year period from June 1, 2009, through May 31, 2011.

Great Lakes, the incumbent, was the only carrier to submit a proposal. Under its proposal, Great Lakes proposes to continue its two-round-trip-a-day service pattern at Alliance and Chadron for an annual subsidy of $1,955,217. Service would be operated with 19-seat Beechcraft 1900D aircraft.

By: Christa Fornarotto

http://www.destinationalliance.com/ - Alliance Municipal Airport

]]> Tue, 28 Apr 2009 21:03:33 -0400 eas-at-alliance-and-chadron-ne-reselecting-gre http://airlineinfo.com Oy Air Finland Ltd.

Order 2009-4-21
OST-2007-28129 - Exemption and Foreign Air Carrier Permit - Finland-US Charters
OST-2008-0324 - Exemption and Amended Permit - EU-US Scheduled Service

Issued February 24, 2009 | Issued April 28, 2009

Final Order

By Order 2009-1-21, issued January 29, 2009, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch

http://www.airfinland.fi/

]]> Tue, 28 Apr 2009 21:02:12 -0400 air-finland-final-order-finlandus-charters http://airlineinfo.com Corporacion Aerea Cencor, S.A. de C.V. / Avemex, S.A. de C.V. / Aerolineas Ejecutivas, S.A. de C.V. / Aerolineas Mexicanas J.S., S.A. de C.V. / Aeroservicios Ejecutivos Corporativos, S.A. de C.V. / Aerobona, S.A. de C.V. / Aerolineas Marcos, S.A. de C.V. / Servicio Aereo Saltillo, S.A. de C.V. / Viajes Ejecutives Mexicanos, S.A. de C.V. / Servicios Aereos Estrella, S.A. de C.V.

OST-1996-1636 - Cencor
OST-1996-1501 - Avemex
OST-1996-1622 - Aerolineas Ejecutivas
OST-1996-1840 - Aerolineas Mexicanas
OST-1997-2878 - Aeroservicios Ejecutivos Corporativos
OST-2005-22827 - Aerobona
OST-1996-1693 - Aerolineas Marcos
OST-1997-3066 - Saltillo
OST-2003-15987 - Viajes Ejecutivos Mexicanos
OST-1999-6110 - Servicios Aereos Estrella

Filed March 30, April 3, April 6, April 12, April 13, 2007 | Issued April 28, 2009

Notice of Actions Taken

Renewal of exemptions from 49 USC §41301 to permit the applicants to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicants also request renewal of their stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States. Each of the applicants requests that its authority be granted for a term of at least two years.

By: Paul Gretch

http://www.avemex.com.mx
http://www.sae.com.mx/

]]> Tue, 28 Apr 2009 20:58:54 -0400 mexican-taxi-renewals http://airlineinfo.com Star Alliance

OST-2008-0234 - Approve and Confer Antitrust Immunity on Certain Alliance Agreements

April 28, 2009

Objections of The Interactive Travel Services Association and The American Society of Travel Agents to Order 2009-4-5 - Bookmarked

Motion for Confidential Treatment

The Department dismissed ITSA's and ASTA's request summarily, without any substantial analysis of the effect of ATI on travel distribution. The Department did not take issue with ITSA's and ASTA's assertion that the grant of ATI would harm travel agents and therefore harm passengers,' but proposed to grant ATI without a carve-out based on the Joint Applicants' unexplained and unsupported assertion that extending ATI to travel distribution was somehow related to their plans to integrate flight operations ("metal neutrality"). The Department's failure to address an argument presented in public comments "is the very embodiment of arbitrary action" because "at the very least, DOT is required to provide a reasoned explanation on the record for its conclusion." The Department's tentative conclusion - that the benefits of ATI extending to travel distribution outweigh the substantial competitive harm - is not supported by substantial evidence, and the Department should not adopt an order without including the carveout requested by ITSA and ASTA to protect consumers from anticompetitive harm.

Counsel: Pillsbury Winthrop, Kenneth Quinn, 202-663-8000

]]> Tue, 28 Apr 2009 20:58:07 -0400 star-alliance-objections-of-itsa-and-asta http://airlineinfo.com Pan American World Airways Dominicana, C. por A. d/b/a PAWA Dominicana

OST-2009-0062 - Exemption - Dominican Republic-Miami/Ft. Lauderdale

April 24, 2009

Re: Clarification

Specifically, at the time of PAWA Dominicana's initial application to the DOT for a Foreign Air Carrier Permit authorizing it to engage in providing foreign air transportation between points in the Dominican Republic and points in Puerto Rico (see PAWA Dominicana application filed in Docket OST-2007-29368, on September 27, 2007), 26 percent of PAWA Dominicana's total equity was owned by a U.S. corporation named Pan Am Systems, Inc. As discussed in that initial application, PASI was, in turn, owned by U.S. citizens, some of whom were shareholders and officers of a U.S. air carrier, Pan American Airways Corp. In Order 2007-12-12, served December 17, 2007, the DOT granted PAWA Dominicana's exemption application, and tentatively granted PAWA Dominicana's Foreign Air Carrier Permit application, based, inter alia, on a tentative finding that the circumstances presented in PAWA Dominicana's applications warranted "a waiver of our ownership and control policy," which generally disapproves ownership and control by U.S. citizens over a foreign air carrier applicant seeking authority to serve points in the U.S. (Order 2007-12-12).

Subsequently, in PAWA Dorninicana's current and pending exemption application for authority to serve additional points in the U.S., in the above-referenced docket, PAWA Dorninicana advised the DOT that several investors had established a new Dominican Republic corporation, named Clipper Aviation Services, S.A., substantially owned and controlled by Dominican Republic and other non-U.S. citizens, to acquire all of the voting stock in PAWA Dorninicana formerly held by Pan Am Systems, hc. and by certain individual U.S. citizens.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919

http://www.pawadominicana.com/

]]> Tue, 28 Apr 2009 20:57:29 -0400 pawa-dominicana-clarification-dominican-republi http://airlineinfo.com American Airlines, Inc., British Airways Plc, Finnair Oyj, Iberia Lineas Aereas de Espana, S.A. and Royal Jordanian Airlines

OST-2008-0252 - Antitrust Immunity

April 27, 2009

Petition of Virgin Atlantic Airways for Reconsideration of Order 2009-4-15

The Department has issued a scheduling order for this case (Order 2009-4-15), even though significant questions remain about the integrity of the record in this proceeding. Virgin Atlantic respectfully requests that the Department reconsider its Order, and suspend all procedural dates in this case until such time as it satisfies itself that all of the materials required by Order 2008-12-11 have been supplied to the Department.

Of strong concern is the decision of British Airways to "decline to produce" certain Annexes to the Competition Commission Airline Questionnaire (BA3139-BA3221). Order 2008-12-11 could not have been clearer in its instructions to include the Annexes. The Evidence Request states that Joint Applicants were to produce "all updated and unredacted documents, including appendices, regarding the [identified] topics." Quite frankly, it is not British Airways' prerogative to "decline to produce" the Annexes.

In Virgin Atlantic's view, Joint Applicants' April 22nd Supplement raises continued questions about the integrity of the responses to the Department's Evidence Request. American's decisions to withhold relevant materials on the grounds that they were "marginally responsive" when in fact many were materially responsive is of concern, as are its potentially overbroad claims of privilege. Under these circumstances, the Department should consider the Application still incomplete until it is fully satisfied that the Joint Applicants have submitted all required materials for the record, and Virgin Atlantic respectfully urges the Department to reconsider Order 2009-4-15, and suspend all procedural dates in this case pending receipt of materials that the Department has deemed are material to this case, and pending confirmation that the Joint Applicants have not withheld on the grounds of privilege materials that are not entitled to such treatment.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604

April 28, 2009

Joint Applicants' Response to Petition of Virgin Atlantic Airways

Virgin Atlantic’s Petition for Reconsideration of Order 2009-4-15 is without merit and should be denied. The Joint Applicants voluntarily produced documents at issue in Virgin’s April 16, 2009 motion not in “recognition of the merits of Virgin Atlantic’s assertions” (pp. 1-2), but because the Applicants had no incentive to engage Virgin in a lengthy debate over documents and further delay this proceeding. The Department deemed the record substantially complete and ordered in camera review of annexes to a single document. Virgin’s focus on a handful of pages out of over 10,000 produced cannot logically be construed as a good faith assertion that the record in this proceeding is not substantially complete.

Virgin argues that “the Department should consider the Application still incomplete until it is fully satisfied that the Joint Applicants have submitted all required materials for the record” (p. 4). That issue has already been decided. As the Department held, the “Joint Applicants have addressed the issues raised by Virgin Atlantic . . . [and t]he record is now substantially complete” (Order 2009-4-15, p. 2). Virgin’s petition for reconsideration is without substance and should be promptly denied.

Counsel: Jeffrey Ogar, 817-967-3478 for American / Garofalo Goerlich, Don Hainbach, 202-776-3970 for British Airways / Steptoe & Johnson, William Karas, 202-429-6223 for Iberia / Sami Sarelius, 358-9-818-4070 for Finnair / Condon & Forsyth, Michael Holland, 212-490-9100 for Royal Jordanian

]]> Tue, 28 Apr 2009 20:56:46 -0400 oneworld-alliance-petition-of-virgin-atlantic-fo http://airlineinfo.com Essential Air Service at Muscle Shoals, Alabama

OST-2000-7856

April 20, 2009

Re: Request of City of Muscle Shoals for Change in Service Pattern

On behalf of the City of Muscle Shoals and the Shoals area, I am requesting that the Delta Airlines essential air service route be changed from Muscle to Memphis to the air service route of Muscle Shoals to Atlanta, with a minimum of two outbound flights per day.

By: Mayor David Bradford

April 20, 2009

Re: Shoals Chamber of Commerce in Support of Change in Service Pattern

I am writing to you in support of the proposed Airline Schedule changes for Delta/Northwest. The proposed schedule from Muscle Shoals to Atlanta is superior to the existing schedule of Muscle Shoals to Memphis. Atlanta will offer travelers Increased choices to more destinations and will allow Northwest Alabama Regional Airport to increase boardings in a significant way.

By: Barry Auchly

April 22, 2009

Re: Northwest Alabama Regional Airport Support for Change in Service Pattern

The Northwest Alabama Regional Airport Authority has unanimously voted to accepted the proposal of changing the current scheduled airline service from 3 flights per day to Memphis, TN, to 2 flights per day to Atlanta, GA. In addition, these 2 flights per day will be non-stop direct service to Atlanta, GA.

By: Airport Director Matthew Hea

Order 2009-4-24
OST-2000-7856

Issued and Served April 28, 2009

Order Approving Alternate Service Pattern

By this order, the Department is approving the request of Mesaba Aviation, Inc. d/b/a Delta Connection to change Muscle Shoals’ service pattern from 19 nonstop and one-stop round trips per week to Memphis to 14 nonstop round trips per week to Atlanta, effective July 1, 2009.

By: Todd Homan

http://www.flytheshoals.com/ - Northwest Alabama Regional Airport

]]> Tue, 28 Apr 2009 20:55:54 -0400 eas-at-muscle-shoals-al-community-support-lette http://airlineinfo.com Volga-Dnepr J.S. Cargo Airline

OST-2009-0098 - Emergency Exemption - Yuma MCAS-MacDill AFB

April 27, 2009

Re: Amended Application

Volga-Dnepr J.S. Cargo Airline hereby respectfully requests that its application for authority to operate one one-way cargo charter flight between Yuma MCAS, AZ and MacDill AFB, FL as submitted in the Docket referenced above, be amended to reflect that, per the shipper’s request, the flight will be operated from Yuma International Airport instead of Yuma MCAS, and will carry up to seven AH-1W /UH-1N helicopters instead of four as initially requested.

As amended, Volga-Dnepr will operate the flight on behalf of U.S. Air Mobility Command to transport outsized cargo consisting of up to five AH-1W helicopters (696x90x167 inch x 8,010 lbs each) and 2 x UH-1N helicopters (688x113x157 inch x 6,259 lbs each), with the total payload of up to 55,000 lbs. As stated in the initial application, the helicopters as described are outsized and cannot be transported by any U.S. civilian aircraft.

Counsel: The Wicks Group, Glenn Wicks, 202-457-7790

Filed April 24, 2009 | Issued April 27, 2009

Notice of Action Taken

Exemption from 49 USC § 40109(g) to permit the applicant to operate one, one-way, all-cargo charter flight, using its AN-124-100 aircraft, carrying outsized cargo on behalf of the U.S. Department of Defense between Yuma International Airport, Arizona, and MacDill Air Force Base, Florida, during the period April 27-29, 2009. The applicant states that the flight would carry up to five AH-1W helicopters and two UH-1N helicopters, and support equipment. The applicant asserts that DOD needs the subject lift to ensure the smooth rotation of equipment without disruption to operational missions; that the DOD organic lift scheduled to transport the cargo was diverted to other areas; that the cargo is too large for transportation on any commercially available U.S. aircraft; and that surface transportation is not feasible because of the nature of the cargo and the urgency of the shipment.

By: Christa Fornarotto

http://www.volga-dnepr.com/

]]> Tue, 28 Apr 2009 20:54:21 -0400 volgadnepr-amendment-yuma-mcasmacdill-afb http://airlineinfo.com Essential Air Service at Carlsbad, New Mexico

Order 2009-4-18
OST-2002-12802

Issued and Served April 27, 2009

Order Selecting Carrier and Setting Final Subsidy Rates

After careful consideration of this matter, including the comments of local officials, the Department has decided to select New Mexico Airlines to provide EAS at Carlsbad, in accordance with the carrier’s proposal. New Mexico Airlines would continue to provide two round trips between Carlsbad and Albuquerque each weekday and each weekend, for an annual subsidy rate of $1,046,284. Despite the large increase in the subsidy rate, we find that both the service and subsidy levels are reasonable. We note also that, while the Carlsbad rate increases substantially under the new contract effective June 1, New Mexico Airlines will simultaneously continue providing Hobbs’s EAS but on a subsidy-free basis.

This case is very straightforward, New Mexico Airlines was the only carrier to submit a proposal and the community supports the selection of the carrier. Pacific Wings L.L.C. is a well-established carrier and has been providing EAS in Hawaii for many years. The carrier’s service at its other subsidized EAS communities continues to be satisfactory.

Further, the proposal submitted by New Mexico Airlines, utilizing 9-passenger Cessna Grand Caravan (C-208B), may ensure the effective utilization of aircraft and provide a better balance between the demand of air service with the supply of aircraft seats.

By: Christa Fornarotto

]]> Mon, 27 Apr 2009 17:34:45 -0400 eas-at-carlsbad-nm-selecting-pacific-wings-and http://airlineinfo.com Kalitta Air, LLC

OST-2009- Exemption - US-Afghanistan All-Cargo

April 27, 2009

Application for an Exemption

Kalitta now seeks exemption authority to provide scheduled all‑cargo service to Afghanistan. The carrier is already operating a very high level of charter service, both for the military (including military mail) and for commercial companies doing business in that country. Katitta has in the past two months alone operated 68 flights into Kabul, Bagram AFB and Kandahar, Afghanistan an average of more than seven flights per week. The carrier is seeing increasing demand for both its military and commercial services, and expects its frequencies to increase for the foreseeable future.

Kalitta Air proposes to operate twice-weekly scheduled service into Kabul on a Newark -Bahrain - Kabul and v v. routing using 747-200 equipment.

This service will supplement, but not replace, the charter service it is already operating. It will be particularly beneficial for the increasing number of private companies operating in Afghanistan, primarily under government contracts. The increased certainty bestowed by scheduled authority will help to ensure the continuation and availability of Kalitta's service. Although the routing initially contemplated is as described above, the carrier requests that its exemption authority provide sufficient flexibility that it may operate to other or different intermediate points and add points beyond Afghanistan, should the need arise.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513

OST-2009-0099 - Southern Air - US-Afghanistan All-Cargo
OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0077 - Atlas Air - US-Afghanistan All-Cargo
OST-2009- Kalitta Air - US-Afghanistan All-Cargo

Motion of Kalitta Air to Consolidate

As each of the previous applicants have noted, no bilateral air transport services agreement exists between the United States and Afghanistan. Thus, whether the government of Afghanistan permits all four U.S. carriers to serve the country remains a matter of comity and reciprocity, effectively leaving it up to that government's discretion. We presume that the Department has already initiated the process of determining Afghanistan's position on this question. It is Kalitta Air's position, as stated in its application, that since there is no mutually agreed limitation on service, the Department should proceed to grant the applications before it as a matter of course.

However, in the event that the Afghan government adopts a restrictive policy on entry by U.S. cargo air carriers, and the Department accordingly determines not to grant multiple authority to Afghanistan, the applications will be mutually exclusive, and therefore subject to the Ashbacker Radio doctrine. In such case, Kalitta Air requests that its application be consolidated with all competing applications and considered contemporaneously in a carrier selection proceeding.

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513

]]> Mon, 27 Apr 2009 17:33:49 -0400 kalitta-air-usafghanistan-allcargo-and-motion http://airlineinfo.com Essential Air Service at Muscle Shoals, Alabama

OST-2000-7856

April 23, 2009

Re: Request of Mesaba Airlines for Change of Service

Mesaba Aviation, Inc. d/b/a Delta Connection, hereby requests a change to the service pattern approved by Order 2008-10-17. Mesaba, in consultation w/ith Delta, believes that Muscle Shoals would be better and more effectively served with two daily nonstop round-trip flights to Atlanta, in lieu of the current pattern of nonstop and one-stop services to Memphis.

Delta understands that the community enthusiastically supports this alternative service proposal, which Mesaba would continue to provide at the existing annual subsidy rate. Therefore, effective July 1, 2009, Mesaba proposes to operate the following schedule to and from Muscle Shoals:

Depart	Arrive	Equipment
ATL 1000	MSL 1015	SF3
ATL 2030	MSL 2045	SF3
MSL 625	ATL 840	SF3
MSL 1035	ATL 1250	SF3

By: Mesaba, John Spanjers

http://www.flytheshoals.com/ - Northwest Alabama Regional Airport

]]> Mon, 27 Apr 2009 11:30:15 -0400 eas-at-muscle-shoals-al-request-of-mesaba-for-c http://airlineinfo.com American Airlines, Inc., British Airways Plc, Finnair Oyj, Iberia Lineas Aereas de Espana, S.A. and Royal Jordanian Airlines

Order 2009-4-15
OST-2008-0252 - oneworld Alliance - Antitrust Immunity
OST-2002-13861 - American Airlines and British Airways - Reciprocal Codesharing- US-UK

Issued and Served April 27, 2009

Scheduling Order

By this order, we determine that the record in the above-captioned matters is substantially complete and we establish a schedule for public comments. We also order the applicants to produce a document for in camera review so that we can determine whether it is responsive to our earlier evidence request. If we determine that it is responsive, we will order its submission for the record in a timely manner so that interested parties who have filed appropriate confidentiality affidavits may review it before the deadline for filing comments.

Except for the annexes to BA 003139, which we are still considering, we accept the statements made by the Joint Applicants and note their recent submissions to comply with Order 2008-12-11. The Joint Applicants have addressed the issues raised by Virgin Atlantic and identified where responsive information exists in the record. Thus, it is not necessary to grant Virgin Atlantic’s motion and we shall therefore deny it. The record is now substantially complete. We establish the following schedule for public comments:

Answers – must be filed no later than 21 calendar days from the date of issuance of this Order;

Replies – must be filed no later than 7 business days after the last day for filing an answer.

Virgin Atlantic has identified a document submitted by British Airways, BA 003139, which is missing annexes that may be responsive to Order 2008-12-11. The document does not appear on any privilege logs. In their April 22 motion, the Joint Applicants object to the production of the document because it contains confidential business information and non-responsive documents concerning British Airways’ short haul network, airport contracts, and security measures.

We are not persuaded by the Joint Applicants’ objection. Except for the security issues, the information in question appears to be responsive to Order 2008-12-11 and relevant to the issues of the case, including the extent to which the proposed alliance will enhance competition between the United States and Europe through improved connections over airports in the United Kingdom. We therefore order the Joint Applicants to produce the annexes to BA 003139 for in camera review within two business days. The Joint Applicants may redact the information directly related to security measures. We will determine whether the information we receive is responsive, and if so, we will order its submission for the record. If appropriate, the applicants may request confidential treatment pursuant to Rule 12 of the Department’s regulations.

It is not in the public interest to delay this proceeding during the in camera review process, which can be completed expeditiously. If we find that the record should be supplemented, we will notify interested parties in a timely manner. There will be ample opportunity for qualified affiants to review the limited amount of new information before the deadline for filing.

By: Christina Fornarotto

http://www.oneworld.com/

]]> Mon, 27 Apr 2009 11:29:04 -0400 oneworld-alliance-scheduling-order http://airlineinfo.com Southern Air, Inc.

OST-2009-0099 - Exemption - US-Afghanistan All-Cargo

April 24, 2009

Application for an Exemption

Southern Air Inc. applies for an exemption from 49 U.S.C. § 41101 to authorize Southern to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, via intennediate points, and a point or points in Afghanistan, and beyond. Southern requests that this authority remain in effect for a period of two years or for such longer period as the Department may detennine. Alternatively, Southern requests that this authority be included in its non-open-skies certificate requested by letter dated February 24, 2009, in response to the Department's February 13, 2009 notice In the Matter of Streamlining Regulatory Procedures for Licensing US. Air Carriers (Docket OST-2005-22228) should such certificate be issued before grant of the exemption authority requested here.

Southern proposes to operate U.S.-Afghanistan scheduled all-cargo service via Liege, Belgium, to Afghanistan, and beyond to Hong Kong and onward to the United States twice weekly using Boeing 747 aircraft from Southern's existing fleet, as market conditions warrant.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970

http://www.southernair.com/

OST-2009-0090 - Evergreen - US-Afghanistan All-Cargo
OST-2009-0077 - Atlas Air - US-Afghanistan All-Cargo

]]> Mon, 27 Apr 2009 11:28:09 -0400 southern-air-usafghanistan-allcargo http://airlineinfo.com Aerotransporte de Cargo Union, S.A. de C.V.

OST-2000-8438 - Exemption - Mexico-US All-Cargo Charter

Filed April 8, 2009 | Issued April 24, 2009

Notice of Action Taken

Renewal of exemption from 49 U.S.C. §41301 to permit the applicant to engage in all-cargo charter operations between a point or points in Mexico and a point or points in the United States; and other all-cargo charters in accordance with 14 CFR Part 212.

See, e.g., Order 1991-5-25, where the Department placed this condition on the foreign air carrier permit granted to Aerovias de Mexico, S.A. de C.V. We note, however, that the Department has granted blanket exemption authority to existing and future Mexican carriers, relieving them of this prior approval requirement for third and fourth freedom charter operations if they submit to the Department advance notice of their charter operations as described in Orders 1998-4-2 and 1999-7-23.

By: Paul Gretch

http://www.aerounion.com.mx/

]]> Mon, 27 Apr 2009 08:33:09 -0400 aerounion-mexicous-allcargo-charter-renewal http://airlineinfo.com 2008 US-Brazil Combination Frequency Allocation Proceeding

OST-2008-0307

Filed April 22, 2009 | Approved April 24, 2009

Department Approval of Application

We will grant Delta's request. We will require the carrier to institute service no later than June 30, 2009.

We acted on the request of Delta without awaiting the expiration of the answer period with the consent of all parties served.

By: Esta Rosenberg

]]> Mon, 27 Apr 2009 08:32:34 -0400 2008-usbrazil-granting-motion-of-delta-for-amen http://airlineinfo.com Aerolineas Regionales, S.A. de C.V. d/b/a Regionalcargo

OST-2008-0386 - Exemption - Mexico-US Cargo Charters

April 24, 2009

Motion and Answer of Amerijet International - Bookmarked - 2.5MB

On December 9, 2008, Aerolineas Regionales, S.A. de C.V. d/b/a Regionalcargo filed an application for an exemption authorizing it to provide cargo charter air transportation between points in Mexico and points in the United States using Boeing 737 and ATR 42 aircraft it leases and operates with its own crews. On April 16, 2009, Regionalcargo filed an amendment to its application requesting authority to operate other than third and fourth freedom cargo charter flights to and from the United States. No party answered in opposition to Regionalcargo's application, and the Department has not taken any action on it during the four-month period it has been pending.

Regionalcargo has no authority from the Department to serve the U.S.-Mexico all-cargo market in any way, and the operating authority it has received from the Government of Mexico to serve the market expressly prohibits it from serving the market unless and until it has been awarded operating authority by the Department and has supplied a copy of that operating authority to the Mexican DGAC.

Without authority to serve the market, under the law of the United States, Regionalcargo is not permitted to hold out service in the market or to solicit all-cargo business from the shippers that patronize the market. Yet, that is exactly what Regionalcargo has been doing for several weeks. Regionalcargo and its affiliates have been very clearly offering regularly scheduled all-cargo service at fixed rates in the Merdia-Miami market. This holding out and solicitation of regularly scheduled all-cargo service is clearly unlawful.

Regionalcargo and its affiliates are doing more than violating the Department's precedents regarding the premature holding out of air transport services and the solicitation of cargo traffic in the Miami-Merida market. In fact, since last Friday, Regionalcargo and its affiliates are actually providing regularly scheduled all-cargo services in the market in accordance with a published schedule of service for the market. Regionalcargo's regularly scheduled operation in the Merida-Miami market using aircraft leased to it by Capital Cargo International Airlines, Inc. is a clear violation of the law and such a flagrant and contemptuous violation that the Department should conclude that Regionalcargo does not possess the necessary favorable compliance disposition which must be shown before any application can be approved.

Counsel: John L. Richardson, 202-371-2258

http://www.regionalcargo.com.mx/

]]> Mon, 27 Apr 2009 08:32:01 -0400 regionalcargo-answer-of-amerijet-mexicous-carg http://airlineinfo.com Delta Air Lines, Inc. and Societe Air France

OST-2000-6939 - U.S.-France Blanket Codeshare Authority

April 24, 2009

Joint Application for Statements of Authorization - Bookmarked - 5.5MB

Air France, Delta, SkyWest and Freedom have agreed to expand codesharing to encompass flights operated by SkyWest and Freedom within and beyond the United States. Accordingly, the Joint Applicants request a blanket statement of authorization under 14 C.F.R. Part 212, permitting SkyWest and Freedom to display Air France's "AF*" designator code on flights operated by SkyWest and Freedom (a) within the United States (in conjunction with Air France's services in foreign air transportation), and (b) between the United States and third countries.

Air France holds a foreign air carrier permit authorizing it to engage in the full scope of foreign air transportation permissible under the U.S.-EU open skies agreement. See, Order 2008-3-16.

The Joint Applicants request that the codeshare authority requested herein be administered jointly with the existing Delta/Air France blanket statement of authorization in this docket and that a codeshare notice given by Delta, Air France, or any of the regional partners given by all of the authorized carriers, thereby providing the Joint Applicants with the flexibility to switch between mainline and the various regional operators as warranted by market conditions. Such flexibility is consistent with the practices routinely followed by other codesharing alliance partners. The Joint Applicants note that Notice was given on February 5, 2009 covering all U.S.-EU and open skies markets.

Counsel: Delta, Sascha Van der Bellen, 202-842-4184

http://www.airfrance.com/
http://www.delta.com/

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