Response to Motion to Amend Application and Motion for
Immediate Action© Copyright 1999 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for May 25, 1999 |
Last Updated 06/02/99 10:10 AM
Applications and Renewals:
Aer Lingus - Petition | Aerolineas Argentinas - Renewal | Air France and Delta - Petition of Delta | Petition of Hawaii - Erratum
Mexicana - Renewal | United - Denver-London Heathrow
Answers and Replies:
Accessair - Response to Motion to Amend | Alitalia/KLM/Northwest - Petition of TWA | American Eagle - Longview, TX
British Midland - Answer of Delta/TWA | Cantor v Continental
Disclosure of Codesharing/Wet-Leases/Change of Guage - Answer of Aeropostal/OAG
Trans States Airlines - Response of BTS
Notices of Action Taken:
Air Guadeloupe/Air Martinique | Russian Overflight - United/Northwest/Polar | US Airways - US-France Dormancy
Codeshare Approvals:
Notices and Orders:
Delta and Aeromexico - Notice to All Parties | Great Lakes - EAS | National Airlines
| OST-99-5153 | Docketed May 25, 1999 | Response to Motion to Amend Application and Motion for
Immediate Action |
New York LaGuardia - Iowa |
By: Bruce Carter, Director of Aviation, Metro Airport Authority of Rock Island County, IL, 309.757.1732
| OST-99-5727 | May 25, 1999 |  Petition of Aer
Lingus for Temporary Waiver |
Wet Lease with World Airways |
|
Motion for Confidential Treatment |
The Aer Lingus wet-lease from World, which was approved on March 30, 1998 for operations through October 31, 1999 provides for operations between New York and Belfast via Shannon. Aer Lingus has taken all steps possible to assure that "from the consumer's perspective" the operation is viewed as an Aer Lingus operation. Aer Lingus not only bears legal responsibility to the passenger based on its contracts of carriage with the passenger but also has undertaken to provide its own "liability insurance for passenger, baggage, cargo, mail and aviation general third party liability insurances against all risks." To assure seamless Aer Lingus service, the cabin crew on board the flights are Aer Lingus employees, the configuration is an Aer Lingus configuration, the MD-11 jet aircraft is painted in Aer Lingus livery and Aer Lingus is responsible to passengers and shippers for meeting its own service standards. Thus, notifying passengers that the flight is "operated by World Airways" would only serve to confuse the passengers without meeting any objectives of the Department's rules.
Counsel: Crowell Moring, Bruce Keiner, 202-624-2500
| OST-97-2231 | May 25, 1999 |
Application for Renewal of Exemption |
Buenos Aires-Miami |
| Service List |
Aerolineas began service in the Buenos Aires-Caracas-Miami market in March 1997, and currently operates several flights weekly between Buenos Aires and Miami with B747 aircraft. Although Aerolineas operates these flights without a stop in Caracas, it wishes to renew the totality of its authority so that operations via Caracas may resume as soon as warranted by commercial conditions.
Counsel: Squire Sanders, Robert Papkin, 202-626-6601
Air France and Delta Air Lines, Inc.
| OST-99-5726 | May 25, 1999 | Petition for
Reconsideration of Delta Air Lines |
Statements of Authorization - US-France Codesharing |
| Service List |
Delta submits that an important change in policy of the type announced in Order 99-5-2 should not be created on the basis of a limited record in cases involving the applications of only two U.S. carriers. Adoption of a new policy through an ad hoc process, without allowing all potentially affected parties an opportunity to comment, is not only unfair to other carriers such as Delta who have not been given the opportunity to fully address the issues, but also deprives the Department of critical information and guidance concerning the potential ramifications of its decision on the public interest, consumer welfare, and the Department's international aviation objectives. Given the significant policy ramifications to the future of international aviation commercial relationships, the Department should examine this significant issue in the context of a policy rulemaking proceeding in which all industry participants have the opportunity to submit comments.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
Alitalia-Linee Aeree Italiane-S.p.A. and KLM Royal Dutch Airlines and Northwest Airlines, Inc.
| OST-99-5674 | May 25, 1999 | Petition of Trans
World Airlines for Reconsideration of Order 99-5-10 |
Approval and Antitrust Immunity |
TWA hereby petitions for reconsideration of Order 99-5-10 insofar as it fails to require the applicants to submit an analysis of competition between Continental, in which Northwest has the controlling voting interest, and Alitalia, Northwest's proposed partner in antitrust immunity. Specifically, TWA requests that Item D of the information request be amended to add at the end "or where Continental competes with Alitalia."
Counsel: TWA and Richard Fahy, 202-457-4754, rfahy@ibm.net
La Cribeene des Transportes Aeriens d/b/a Air Guadeloupe/Air Martinique
| OST-99-5054 OST-99-5675 OST-96-1125 |
Filed January 28, 1999 Issued May 25, 1999 |
Notice of Action Taken |
French Caribbean Points-San Juan and Beyond; Scheduled and Charter Combination Service |
Exemption from 49 U.S.C. 41301 to conduct schedule foreign air transportation of
persons, property and mail between the coterminal points Fort-de-France, Martinique;
Pointe-i-Pitre, Guadeloupe; Grand-Case, St. Martin; and St. Barthdl6my, and San Juan, PR,
and beyond San Juan to Santo Domingo, Dominican Republic and/or Port-au-Prince, Haiti; and
charters pursuant to 14 CFR 212 of the Department's regulations.
Exemption ftorn 49 U.S.C. 41301 to conduct scheduled foreign air transportation of
persons, property and mail between the coterminal points Fort-de-France, Martinique;
Pointe-A-Pitre, Guadeloupe; and Cayenne, French Guiana, and Miami, FL, via the
intermediate point Port-au-Prince, Haiti.
By: Paul Gretch
| OST-99-5632 | May 18, 1999 Docketed May 25, 1999 |
Letter in Opposition by Texas House of
Representatives |
EAS - Longview, Texas |
By: Tommy Merritt
British Midland Airways Limited
| OST-99-5671 | May 25, 1999 | Answer of Continental
Airlines |
Exemption - London Heathrow-New York |
Continental strongly believes the Department must focus its current efforts on achieving a comprehensive agreement which would bring effective competition to U.S.-Heathrow routes. Awarding limited extrabilateral authority now to the second largest holder of Heathrow slots, British Midland, would enhance the dominance of U.K. carriers on U.S.-Heathrow routes, increase the competitive imbalance between U.K. and U.S. carriers, allow another U.K. carrier to exploit its slots and facilities at Heathrow without opening it to more U.S. carriers and send the wrong signal to the U.K. government on the U.S. commitment to achieving effective competition through truly open skies.
Counsel: Continental and Crowell Moring
| OST-99-5671 | May 25, 1999 | Answer of Delta
Air Lines |
Exemption - London Heathrow-New York |
As British Midland correctly observed, JFK-London is the largest and most important transatlantic route. Although British Midland would provide a modicum of much-needed competitive relief on this route, which is heavily dominated by American and British Airways, Delta is the only carrier capable of marshaling a meaningful competitive challenge to the entrenched JFK-Heathrow incumbents. Delta is the largest transatlantic carrier at JFK, and JFK is Delta's largest international gateway. Given Delta's strong presence in New York and supporting feed at the JFK gateway from numerous domestic cities, Delta is in the best position to maximize competition.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-99-5671 | May 25, 1999 | Answer of Trans
World Airlines |
Exemption - London Heathrow-New York |
Like British Midland, TWA strongly believes that it is essential to open Heathrow to new competition if there is to be a new bilateral agreement. The present situation, limiting Heathrow access to only two U.S. and two British carriers', deprives consumers in both countries of adequate service and low fares. TWA strongly supports the attempt of the US government to gain greater access to Heathrow in the current bilateral negotiations. Unlike British Midland, TWA does not believe that the British government has provided adequate comity and reciprocity to justify grant of British Midland's exemption application. While the United Kingdom has provided Open Skies for service between the US and points other than London, these cities account for an insignificant proportion of U.S.-U.K. traffic. The extra-bilateral authority made available by the United Kingdom does not justify grant of an additional U.K. Heathrow - U.S. application.
Counsel: TWA and Richard Fahy, 202-457-4754, rfahy@ibm.net
Compania Mexicana de Aviacion, S.A. de C.V.
| OST-98-3669 OST-98-3828 OST-97-2207 |
May 25, 1999 |
Application for Renewal of Exemptions |
US-Mexico |
Hereby requests renewal of the exemption authorities granted to it by the Department of Transportation in the above-captioned dockets to perform scheduled foreign air transportation between (i) the coterminal points Mexico City, Guadalajara, Monterrey and Hermosillo, Mexico, on the one hand, and El Paso, Texas, on the other hand; (ii) Cancun, Mexico and Ft. Lauderdale, Florida; (iii) Puebla, Mexico and Dallas/Ft. Worth, Texas; and (iv) Mexico City, Mexico and Orlando, Florida. With the exception of Mexico City-Orlando, the exemptions for these routes expire June 8, 1999. Mexicana's exemption to serve Mexico City-Orlando expires on September 3, 1999. Mexicana does not currently operate nonstop services in any of the markets for which renewal is herein requested. Mexicana wishes to renew its authority, however, so that operations on these routes may resume without delay as soon as warranted by commercial conditions.
Counsel: Squire Sanders, Robert Papkin, 202-626-6601
Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.
| OST-99-5593 OST-97-3289 OST-98-4577 OST-97-2161 |
Posted May 25, 1999 Served May 25, 1999 |
Notice to All Parties |
US-Mexico Codesharing |
On May 17, 1999, and supplemented on May 24, 1999, Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. (Aeromexico) filed applications for new and amended regulatory authorities to engage in codesharing operations in the U.S. -Mexico market. The applicants request the immediate grant of these authorities to permit them to exercise valuable new U.S.-Mexico code-share rights without delay. Under the Department's regulations, 14 C.F.R. Part 302, answers to the captioned applications would normally be due June 1, 1999, and replies to answers filed would be due June 10, 1999. So that we may be in a position expeditiously to complete our processing of the Delta/Aeromexico applications, we have decided to shorten the period for filing answers to the these applications to 2 p.m. EDT on May 28, 1999, and to shorten the period for replies to June 1, 1999.
By: Paul Gretch
| OST-95-179 OST-95-623 OST-95-177 47546, 45911, 45912, 45913 |
May 25, 1999 | Answer of Aerpostal
in Support of ATA's Petition |
Disclosure of Codesharing Arrangements and Long-Term Wet Leases and Disclosure of Change of Guage Services |
| Attachment: Memorandum from SABRE |
Counsel for Acropostal was in the process of drafting an Application for Exemption Authority requesting that the Department extend the effective date of the regulations herein for several months. In the interest of avoiding repetition and consolidating the proceedings so as not to have many Applications for Exemption Authority and/or Petitions filed with Dockets requesting the same extension, Aeropostal submits the instant answer in Support of ATA's Petition.
Counsel: Pierre Murphy, Elizabeth Collins
| OST-95-179 OST-95-623 OST-95-177 47546, 45911, 45912, 45913 |
May 25, 1999 | Answer of OAG
Worldwide |
Disclosure of Codesharing Arrangements and Long-Term Wet Leases and Disclosure of Change of Guage Services |
While the industry would normally be able to accomplish the necessary programming changes with a few months delay of the rules, it is facing a unique situation this year in the form of the Y2K problem. Because of the widespread concern about computer operations on January 1, 2000, corporations are devoting extensive programming efforts to insuring that computers do not crash with the new century. As a result, many companies are imposing "change freezes", under which they will not allow any software changes to their computers for some months prior to January 1. This will make it impossible for them to test the necessary programming changes required to comply with the Department's rules. OAG, therefore, supports ATA's proposal that the effective date of the rules be extended to February 15, 2000.
Counsel: Richard Fahy, 703-684-4422, rfahy@ibm.net
Expanded Air Services / Petition of The State of Hawaii
| OST-99-5723 | May 25, 1999 |
Re: Correct Docket Number |
Expanded Access for Hawaii's International Airports |
The referenced petition was filed at the Department on behalf of the State of Hawaii yesterday, and was assigned docket number OST-99-5723. The purpose of this letter, which is being sent to all persons served with the Petition, is to apprise interested persons that the docket number for the Hawaii Petition is OST-99-5723, rather than the erroneous docket number which appears on page 1 of the Petition and which should be disregarded. In addition, this letter will confirm my understanding that the due date for Answers to Hawaii's Petition is Thursday, June 3, 1999 in accordance with Rule 6 of the Department's Rules of Practice.
Counsel: Shaw Pittman, Nathaniel Breed, 202-663-8078
Great Lakes Aviation, Ltd. / North Platte, NB / Iron Mountain/Kingsford, MI / Williston, ND
| Order 99-5-11 OST-99-5173 OST-99-5175 OST-99-5177 |
Issued May 24, 1999 Served May 26, 1999 |
Order Prohibiting Suspension of Service and Requesting
Proposals for Replacement Service |
EAS - North Platte, NB / Iron Mountain/Kingsford, MI / Williston, ND |
By: Bradley Mims
| Order 99-5-12 OST-98-4538 OST-99-5506 |
May 24, 1999 | Order Confirming Oral
Actions and Issuing Effective Certificate |
Certificate of Public Convenience and Necessity - Interstate Scheduled |
| Certificate of Public Convenience and Necessity | |||
| Service List |
By: John Coleman
| OST-97-2610 | Issued May 25, 1999 | Notice of Action Taken |
Russian Overflight Frequencies |
Polar requests renewal of one weekly eastbound Russia overflight frequency to operate between Europe and the Indian subcontinent via Helsinki, Finland; United seeks renewal of 14 weekly Russia overflight frequencies to provide daily nonstop services between Chicago, Illinois, and Delhi, India via European and Russian airspace; and Northwest seeks renewal of eight weekly Russia overflight frequencies to operate between points in Europe and the Indian subcontinent. The overflight frequencies allocated to Polar and Northwest involve routings over Afghanistan. Because of Federal Aviation Administration (FAA) restrictions that remain in effect on such Afghanistan overflights, these carriers are not able now to use their Russia overflight frequencies. Due to these unique circumstances, the Department has waived the standard dormancy condition imposed on these overflight frequency allocations until the FAA reauthorizes flights over Afghanistan. In United's case, it has stated that to it intends to start using its overflight frequencies on October 31, 1999, without flying over Afghanistan airspace.
By: Paul Gretch
Saul L. Cantor and Mabel G. Cantor vs. Continental Airlines, Inc.
| OST-99-5131 | May 25, 1999 |
Surreply of Saul and Mabel Cantor |
Unfair/Deceptive Practice in the Sale of Air Transportation |
Counsel: Gruen Goldstein, Fred Gruen
| BTS-99-5684 | May 25, 1999 |
Response of Office of Airline Information |
O&D Data |  HTML |
Upon consideration of the claims of TSA and the background surrounding the information request, I have determined that there is no basis for reversing my decision to issue the May 3, 1999, information request. The OAI request for data was pertinent and well within the scope of the authority that the Secretary has delegated to OAI to collect the data prescribed in 14 CFR Part 241, and it was clearly related to TSA's responsibility to report accurate Survey data as prescribed in 14 CFR Part 241, Section 19-7. Furthermore, the OAI request was necessary to determine, factually, whether TSA and its partners are fulfilling their data quality obligations under the cited regulation (Part 241.19-7) in a situation where OAI has ample reason to question the reliability of the Survey reporting.
By: Timothy Carmody
| OST-99-5725 | May 25, 1999 | Application for an
Exemption |
Denver-London Heathrow |
| Exhibit UA-1: Proposed Service | |||
| Exhibit UA-2: Map | |||
| Exhibit UA-3: United's Denver Hub Offers 500 Daily Departures and 57,000 Seats to 103 Cities | |||
| Service List |
United requests exemption authority to operate daily nonstop services between Denver, Colorado, and London, England. United will operate such services commencing April 2, 2000, using B777 or other suitable equipment from its fleet or on order. United's proposed Denver-London service is supported by principles of comity and reciprocity. British Midland, a U.K.-flag carrier, has filed an application for exemption authority to operate between New York JFK and London Heathrow on an extrabilateral basis. See Docket OST-99-5671. British Midland proposes two daily New York-London services. To the extent the Department is prepared to authorize British Midland to operate New York-London service on an extrabilateral basis, it should also be prepared to authorize United to operate daily Denver-London services which should be accepted by the British government as the reciprocal of British Midland's services. United presently offers one-stop services between Denver and London. These one-stop services include daily single-plane and single-flight-number change-of-gauge operations via Chicago and Newark. Denver-London is presently a British Airways nonstop monopoly. U.S. carrier services between Denver and London were attempted by both Western Airlines, Inc., and Continental but were in both cases discontinued.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161
United Air Lines and Scandinavian Airlines System
| OST-99-5251 | Dated May 24, 1999 | Approval of Application |
Statement of Authorization |
By: Terri Bingam
US Airways, Inc. / 1999 U.S.-France Combination Service Frequency Allocation Proceeding
| OST-98-4614 | Issued May 25, 1999 | Notice of Action Taken |
US-France Combination Service Frequency Allocation Proceeding |
By: Paul Gretch
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