OST-2008-0127

May 7, 2008

Motion for Leave to File and Joint Petition for Reconsideration of FedEx, Northwest, Polar Air Cargo and UPS

Federal Express Corporation, Northwest Airlines, Inc., Polar Air Cargo Inc. and United Parcel Service Co. hereby ask the Department to amend Order 2008-4-22 by removing Item 10 of the Evidence Request in the Order's Appendix. In light of the simplified procedures the Department has adopted for this case -- which do not include a traffic forecast requirement -- the Petitioners move to be relieved of the burdensome incumbent data request, which is unnecessary for the sole issue of detennining which new entrant carrier will receive the available all-cargo designation.

None of the Petitioners intend to participate in this proceeding as applicants. They should not be required, therefore, to incur the expense of gathering and submitting such information, especially when it is not required for the Department's determination in this case.

Imposing any evidence requests on the Joint Petitioners, while eliminating the Department's own information response requirements is contrary to the simplified procedures that are intended to reduce burdens on carriers appearing before the Department in route proceedings. Parties in designation and frequency proceedings already incur great expense and use a considerable amount of valuable resources when gathering requested infonnation and evidence that is pertinent to the proceedings. While applicants seeking designations and frequencies typically would not object to reasonable requests for data that are necessary for Department determinations, it is unnecessary for non-applicants that do not anticipate participating in a proceeding to incur costs and expend valuable resources in gathering and submitting infonnation when such infonnation is not necessary for the Department to render its decision.

OST-1996-1672 - Northwest and KLM Third-Country Codeshare - Currently Granted 90-Day Dormancy Waiver

http://www.aa.com/

]]> Wed, 07 May 2008 15:53:38 -0400 american-has-firm-plans-to-operate-daily-chicagom http://airlineinfo.com Ronald Reagan Washington National Airport Slot Exemptions

Order 2008-5-9
OST-2000-7182

Issued and Served May 7, 2008

Order Denying Motion to Amend AirTran's Slot Exemptions | Word

By this order, the Department is denying AirTran Airways, Inc.’s motion to vary the markets served by two of its allocated slot exemptions at Ronald Reagan Washington National Airport on a seasonal basis. AirTran must continue to provide year-round, nonstop service between DCA and Fort Myers, Fort Lauderdale, or West Palm Beach, Florida, or lose the allocated slot exemptions.

AirTran is correct in asserting that it is a limited incumbent at DCA, and that a grant of its application would not violate the five specific restrictions in section 41714(d). However, as to its specific claims to meet the paramount “exceptional circumstances” requirement of that section, there are numerous situations in which there is no (or competitive) low fare service available to a particular medium hub airport from DCA. AirTran offers justification of the competitive value of its entrance onto a monopoly nonstop route, but otherwise offers no substance to support the rather remarkable claim that without the seasonal shift in the market served it will be “unable to best serve the public interest.” It also does not adequately acknowledge that it will begin serving the DCA-Milwaukee market in May, thereby eliminating it as a monopoly market. Further, “improved ability to compete” is not exceptional, as any carrier could make such an assertion.

The Department recognizes the importance of low-fare competition and the current difficulties faced by the airline industry; however, we cannot use those factors as justification to deviate from the clear direction of the statute. Therefore, based on all the above, the Department will deny AirTran’s motion.

By: Michael Reynolds

]]> Wed, 07 May 2008 15:45:40 -0400 airtran-denied-dca-seasonal-slot-swap-must-conti http://airlineinfo.com United Air Lines, Inc.

OST-2008- Frequency Allocaiton - US-Russia

May 6, 2008

Application for a Frequency Allocation

United applies for an allocation of seven weekly frequencies under the US-Russia Air Services Agreement to operate daily scheduled nonstop combinations services between Washington, DC and Moscow, Russia. United will operate its Washington-Moscow service from its hub at Washington Dulles International Airport. In Moscow, United will serve Domodedovo Airport.

United is already authorized to operate services between Washington and Moscow under its Certificate of Public Convenience and Necessity for Route 603.

United proposes to start its daily nonstop service between Washington and Moscow on October 26, 2008. It will initially use B767-300 equipment from its existing fleet configured with 193 seats (10F 32C 151Y). The schedule is as follows:

• Flt. # UA 964 - dep IAD 1645 / arr DME 1030 (next day)
  
• Flt. # UA 965 - dep DME 1220 / arr IAD 1535 (same day)
  

Counsel: United, Jeffrey Manley, 301-229-8571, jeffrey.manley@united.com

http://www.united.com/

]]> Tue, 06 May 2008 21:41:42 -0400 united-proposes-to-start-washington-dullesmoscow http://airlineinfo.com Air Greco, Inc. d/b/a Wings Air

OST-2008-0154 - Statement of Authorization - Commuter Air Carrier Authority (Athens/Macon-Atlanta)

May 5, 2008

Application for Commuter Air Carrier Authorization - Bookmarked

Wings Air requests authority to engage in scheduled passenger operations as a commuter air carrier and plans to operate initially between Athens and Macon, Georgia, on one hand, and Atlanta Hartsfield-Jackson International Airport on the other. Wings Air's fleet of passenger aircraft is ideally suited for these short-range shuttle operations that will afford residents of northern and central Georgia a convenient, speedy and cost-effective alternative to ground transportation to and from ATL. Wings Air anticipates that essentially all passengers utilizing these flights will connect to/from the broad array of domestic and foreign air transportation available at ATL, and the carrier will structure its service and schedules accordingly.

Because Athens-ATL and Macon-ATL are essential air service markets for which Wings Air proposes to be selected as the EAS provider, information responsive to section 204.4 of the Department's regulations is included.

Organized in 1996, Wings Air operated initially as a single-aircraft, Part 135 carrier operating in the South Florida area, predominantly Fort Lauderdale, and flying most of its missions to and from that area and the Bahamas. In 2005, the company was acquired by Charles Mintz and Robert Rupard and was subsequently moved to North Georgia to cater to charter customers traveling frequently between the Atlanta area and resort destinations such as Charleston/Kiawah Island, South Carolina, Destin, Florida, and St. Simons Island, Georgia. Since its relocation to the Atlanta area Wings Air's fleet has expanded to a total of five nine-passenger aircraft, with the company's business expanding commensurately. During this same time frame substantial equity investments have been received from a variety of minority shareholders.

In 2007, the company began preparations to become a DOT Commuter Air Carrier and FAA Part 135 Commuter airline, with plans to expand its scope of operations to include scheduled service between Atlanta Hartsfield-Jackson International Airport and Athens, Georgia, and between Atlanta and Macon, Georgia. Wings Air continues toward that objective with the filing of the present application.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974, agoerlich@ggh-airlaw.com

OST-2002-11348 - EAS at Athens, GA
OST-2007-28671 - EAS at Macon, GA

http://www.flywingsair.com/

]]> Tue, 06 May 2008 21:41:05 -0400 avoid-the-hassles-of-hartsfield-wings-air-piper http://airlineinfo.com New York LaGuardia Airport Congestion Management

FAA-2006-25709

April 30, 2008

Re: Comments of The National Air Carrier Association

Our principal concern in providing comments to the FAA on the proposed amendment relates to the reduction in unscheduled operations availability at the airport and its potential precedent to apply to other airports that are operating under a similar schedule reduction order, such as New York’s John F. Kennedy International Airport and Newark-Liberty International Airport.

The proposed slot reductions for unscheduled operations would have negative consequences for many of our NACA carriers, particularly for those flights that are operated on behalf of the U.S. Department of Defense Air Mobility Command (AMC).  These flights are contracted by the U.S. government through AMC to ferry military personnel and cargo to and from the United States and major theatres of military operations.  The airports in New York, particularly JFK, are a major point of departure and entry for U.S. military personnel.  Although unscheduled for purposes of the FAA and the order for LGA, these flights do operate on an agreed-upon schedule between the carrier and AMC.   Maximum flexibility is often required, as these operations are subject to a number of operational challenges that differ from regularly scheduled passenger service.  By reducing the availability of slots for unscheduled commercial operations during a part of, or for the whole, day, the FAA will be limiting the flexibility of our carriers to schedule their commercial operations.  Consequently, the FAA’s proposal creates a financial hardship to an already beleaguered industry.

By: NACA, Thomas Zoeller, tzoeller@naca.cc

]]> Thu, 01 May 2008 21:09:48 -0400 lga-slot-proposal-would-create-a-financial-hardshi http://airlineinfo.com Frontier Airlines, Inc.

OST-2006-25993 - Certificate and Exemption - San Jose/Sacramento-San Jose del Cabo

May 1, 2008

Re: Dormancy Notice

Frontier Airlines, Inc. holds exemption authority in the above-referenced Dockets to provide scheduled foreign air transportation of persons, property, and mail between (i) Sacramento, CA-San Jose del Cabo, Mexico; (ii) San Jose, CA-San Jose del Cabo, Mexico.

Frontier hereby notifies the Department that Frontier's service between both markets has been discontinued and may be considered dormant effective immediately.

Counsel: Wiley Rein, Edward Faberman, 202-719-7402,

OST-2004-19820 - Mexicana's Authority - Sacramento-San Jose del Cabo
OST-2004-16945 - Mexicana and American Codeshare - Sacramento-San Jose del Cabo
OST-2007-28499 - Republic Airlines' Seasonal Authority - Sacramento-San Jose del Cabo

http://www.frontierairlines.com/

]]> Thu, 01 May 2008 21:08:42 -0400 frontier-submits-dormancy-notice-for-sacramentosa http://airlineinfo.com Boston-Maine Airways Corp.

Order 2008-4-42
OST-2000-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service
OST-2003-14985 - Certificate of Public Convenience and Necessity - Foreign Large Aircraft Operations
OST-2004-19919 - Exemption - St. Kitts and Nevis Scheduled Service

Issued and Served April 29, 2008

Order Revoking Certificate

In its objection, BMAC failed to provide any evidence supporting its financial ability to continue or expand its operations. BMAC argued that the Department’s tentative finding in Order 2008-2-3 with respect to financial fitness applied solely to its ability to conduct operations using large aircraft. We disagree. In Order 2008-2-3, the Department specifically stated that based on “BMAC’s poor financial history, its present financial condition, and the concerns raised by the FAA,” the air carrier lacked “the financial wherewithal to continue to operate.” This tentative finding applied to all of BMAC’s operations and was clearly supported by the financial information provided by the air carrier. Because BMAC has failed to demonstrate its financial fitness to operate, the Department maintains that the air carrier is not financially fit to continue to conduct any air transportation regardless of aircraft size.

The Department concludes that BMAC is not fit to conduct operations as a U.S. certificated air carrier and denies BMAC’s request to maintain its certificate authority to operate small aircraft to facilitate the sale of the company to Maine Aviation. Thus, the Department revokes the interstate scheduled certificate authority issued to BMAC and dismisses its applications for foreign scheduled and exemption authority.

By: Michael Reynolds

http://www.bmairways.com/

]]> Wed, 30 Apr 2008 10:03:29 -0400 dot-concludes-that-bostonmaine-is-not-fit-to-cond http://airlineinfo.com US-China All-Cargo Frequencies

OST-2006-25275 - 2007 US-China Combination and All-Cargo Frequency Allocation Proceeding
OST-2004-18468 - 2004 Cargo Desitnation and 2004/2005 All-Cargo Frequencies

April 29, 2008

Motion of Northwest Airlines for a Dormancy Waiver

Hereby moves for a waiver of the 90 day dormancy condition applicable to seven (7) of Northwest's U.S-China all-cargo frequencies

As a result of unprecedented oil prices, now verging on $120 per barrel, Northwest is suspending its daily all‑cargo service to Guangzhou. Northwest ceased operation of two U.S.‑Guangzhou cargo frequencies effective April 27, 2008, and is planning to suspend its remaining five Guangzhou all‑cargo frequencies in July, 2008.

Grant of Northwest's dormancy waiver request is in the public interest and will not prejudice any carrier. At present, there are 17 all-cargo frequencies available in the unallocated pool. Fifteen (15) all-cargo frequencies become available on March 25, 2009; a further fifteen (15) additional all-cargo frequencies become available on March 25, 2010; followed by the unlimited availability of all-cargo frequencies on March 25, 2011. The unique hub benefits available to FedEx and UPS provide yet another source of China all-cargo frequencies in the interim.

Accordingly, Northwest requests a waiver of the dormancy condition applicable to its seven U.S.-Guangzhou cargo frequencies through March 25, 2011. The requested waiver will enable Northwest to resume service as warranted by fuel and economic conditions. Other U.S.-China carriers have recently sought and received similar dormancy waiver relief due to fuel prices and the slowing economy. See, Motion of United Airlines for a dormancy waiver and Department action approving deferral of startup condition for United's seven U.S.-Guangzhou combination frequencies (Docket OST-2007‑28567).

Counsel: Northwest, Alexander Van der Bellen, 202-842-4184,

OST-2008-0127 - 2009 US-China All-Cargo Proceeding

]]> Tue, 29 Apr 2008 21:04:13 -0400 price-of-jeta-is-impeding-progress-northwest-su http://airlineinfo.com Baltia Air Lines, Inc.

OST-2007-0007 - Certificate of Public Convenience and Necessity - New York-St. Petersburg

April 3, 2008

Re: DOT Request for Additional Information

We have reviewed the information filed by Baltia Airlines, Inc., in support of its application for foreign scheduled authority and identified additional areas in which the applicant needs to provide further information and/or clarification before the Department can fully process Baltia's application. Those areas are set out in the enclosed Information Request. I ask that you respond fully to this request within 30 days of the date of this letter.

1. Explanations of Financial Figures
   

2. Compliance Disposition
   

By: Aviation Analysis, Lauralyn Remo

April 26, 2008

Re: Response to Request for Information - Bookmarked

Motion Requesting Withholding from Public Disclosure

For years Baltia relied upon outside financing. On several occasions financial institutions provided commitments for financing which appeared credible and were filed with the Department. In order to accelerate the certification process, Baltia's management quickly raised private bridge funds. Baltia proceeded with launching in reliance on those commitments, only to discover, time and time again, that when the time came for the financial institutions to provide the money, for one reason or another they faltered, and in the midst of certification, the launching process had to be aborted.

At no time during those aborted launchings did Baltia have any deficiencies with respect to the FAA Air Carrier Certification process, or in any other respect. Since the company's inception, all of the capital in the company had been raised privately.

Unreliability of funding from financial institutions is not limited to start-up airlines. An operating airline. Frontier Airlines, had a taste of it as well. The credit card processor had contracted with Frontier to hold 45% of the funds until service was provided to passengers. Unilaterally, the credit card processor held 100% of the funds. We have observed that financial institutions act in their own interests, agreement or no agreement.

Fortunately, and for the first time in its history, Baltia has the cash and credit to launch without depending upon promises for funding from financing institutions.

Counsel: International Business Law Firm, Steffanie Lewis, 202-296-1111,

http://www.baltia.com/

]]> Tue, 29 Apr 2008 21:02:46 -0400 we-can-stand-on-our-own-baltia-airlines-has-the http://airlineinfo.com Essential Air Service at Grand Island, Nebraska

OST-2002-13983

April 23, 2008

Re: City of Grand Island in Support of Hawaii Island Air's Proposal

On behalf of the City of Grand Island, it is our pleasure to submit this Letter of Support for Essential Air Service to provide two (2) daily round trip nonstop flights to Kansas City, Missouri as proposed by Hawaii Island Air of Honolulu, Hawaii. The Central Nebraska Regional Airport has been working diligently to improve the air service options available to central Nebraskans and bring affordable and convenient options for air travel to serve more passengers. We pledge our full support, endorsement, and cooperation to improve the service options available to central Nebraska through the Essential Air Service.

By: Margaret Hornady, Mayor

http://www.flygri.com/ - Grand Island Airport

]]> Tue, 29 Apr 2008 21:05:05 -0400 landlocked-city-of-grand-island-supports-hawaii