Issued December 3, 1999
Notice of Action Taken© Copyright 1999 Airline Information Research, Inc. All rights reserved.
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OST Docket Filings for December 3, 1999 |
Last Updated 12/06/99 11:46 AM
Applications and Renewals:
America West - U.S.- Netherlands/Belgium/Switzerland Codeshare w/ Continental | American - U.S.- South Africa Codeshare
Northwest Territorial - U.S.- Canada | TAMPA - Colombia-Miami All-Cargo | United - Codeshare Notification w/ Air New Zealand
Answers and Replies:
Astral d/b/a Skyway Airlines - Response of Kent County | America Trans Air against BWIA, Trinidad & Tobago - Comments of WMAA
Intra-Alaska Mail Rates - Reply of U.S. Postal Service | Miami Air - Warsaw Convention
Renaissance Cruises - Comments of American Trans Air | United - Answer of Delta (US-Itlay)
Notices of Action Taken:
Aeromexico | FedEx - Department Action | Qantas - Intermodal Cargo | Transporte Aereo Tecnico
Notices and Orders:
Atlitalia/KLM/Northwest - Final Order | Baltia - Revocation | Exec - Order Revoking Certificate | Mesa - Gallup, New Mexico
Aerovias de Mexico, S.A. de C.V.
| OST-98-4466 | Filed October 5, 1999 Issued December 3, 1999 |
Notice of Action Taken |
U.S.- Mexico |
By: Paul Gretch
| OST-99-6594 | Deember 3, 1999 | Application for Exemption |
U.S.- Netherlands/Belgium/ Switzerland Codeshare with Continental |
| Service List |
Counsel: Baker Hostetler, Joanne Young, 202.861.1532
| OST-99-6595 | December 3, 1999 | Application for Third-Country Codeshare Opportunity |
U.S.- South Africa Codeshare |
| Service List |
Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com
| OST-99-6515 | December 3, 1999 |  Answer
of Metropolitan Washington Airports Authority |
JFK, New York- Port of Spain Trinidad |
| Service List |
ATA's complaint alleges that the Civil Aviation Division of the Republic of Trinidad and
Tobago imposed certain restrictions on its charter operations between the United States and the Port of Spain, forcing ATA's tour operator, Unlimited Travel and Tours, to cancel its charter program with ATA. ATA's complaint requests that the Department exercise its authority under 49 U.S.C. §41304 to summarily suspend, without a hearing, BWIA's U.S. authority unless the Government of Trinidad and Tobago issues an unconditional permit to ATA in this matter. The Airports Authority takes no position on the merits of ATA's complaint except to state that if ATA's allegations are borne out, DOT should act to remedy the situation. The remedy, however, must be something other than the remedy sought by ATA. Summary suspension of BWIA's U.S. authority is an extraordinary remedy which should not be exercised by the Department without consideration of its impact upon airports and passengers served by BWIA. With much encouragement from the Airports Authority because of the travel benefits the service provides, BWIA inaugurated new service at Dulles Airport on November 4, 1999, using B737 aircraft. It is operating the only non-stop service from Dulles Airport to Barbados and Antigua, and the only direct service to Trinidad and Tobago. It is offering the only scheduled service to Antigua, Trinidad, and Tobago from the Washington area. Statistically, despite the lack of convenient air service, during 1998 over 39,000 people traveled between the Washington area and the four Caribbean islands BWIA is serving. With the non-stop and direct service, this traffic is expected to increase significantly. The Airports Authority anticipates this increase to be in the range of 15-20%. BWIA's service provides not only leisure travel opportunities, but also links large numbers of persons from the Caribbean living in the Washington area, particularly those from Trinidad, with their homelands. For this reason, a suspension of BWIA's rights in retaliation for actions taken by the Civil Aviation Division of the Republic of Trinidad and Tobago against the ATA is not in the interest of the traveling public.By: Metropolitan Washington Airports Authority, Edward S. Faggen
Astral Aviation, Inc. d/b/a Skyway Airlines
| OST-99-6468 | December 2, 1999 |  Response of Kent County Department of Aeronautics |
Washington D.C.- Grand Rapids |
By: James A. Koslosky, A.A.E., Aeronautics Director
Alitalia-Linee Aeree Italiane-S.p.A. and KLM Royal Dutch Airlines, and Northwest Airlines, Inc.
| Order 99-12-5 OST-99-5674 |
Issued December 3, 1999 Served December 3, 1999 |
Final Order
|
U.S.- Italy |
On November 30, 1999, the Department issued an Order to Show Cause, Order 99-11-20. We tentatively determined, subject to certain conditions and limitations, to grant approval of and antitrust immunity for the Alliance Agreements. We also tentatively directed the Joint Applicants to resubmit their Alliance Agreements no later than January 11, 2003. We also tentatively determined that if the Joint Applicants choose to operate under a common name or brand, they will have to comply with our relevant procedures before implementing the change.
We also tentatively directed the Joint Applicants to withdraw from all International Air Transport Association ("IATA") tariff conference activities relating to through fares, rates or charges between the United States and Italy, as well as between the United States and the homeland of any other foreign carrier granted antitrust immunity or renewal thereof, by the Department for participation in similar alliance activities with a U.S. carrier; and file all subsidiary and/or subsequent agreement(s) with the Department for prior approval. We also tentatively directed Alitalia to report full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that contain a United States point (similar to the O&D Survey data already reported by Northwest).
By: Bradley Mims
| Order 99-12-6 OST-98-4293 OST-95-396 |
Issued December 3, 1999 Served December 8, 1999 |
Order Denying Request for Waiver and Revoking Certificate |
New York-St. Petersburg, Russia |
| Service List |
By: Bradley Mims
Exec Express II, Inc. d/b/a Aspen Mountain Air d/b/a Lone Star Airlines
| Order 99-11-19 Docket 49504 |
Issued November 30, 1999 Served December 31, 1999 |
Order Revoking Certificate |
Interstate Schedule Passenger Air Transportation |
| Service List |
By: John Coleman
| OST-99-6549 | Date of Action December 3, 1999 | Department Action on Application |
U.S.- Australia |
By: Teresa Bingham
Intra-Alaska Mainline Class Service Mail Rates
| OST-95-429 Docket 38961 |
December 3, 1999 | Reply of U.S. Postal Service |
Alaska Mail Rates |
| Service List |
Counsel: Senior Counsel U.S. Postal Service, Michael Vandamm
Mesa Airlines, Inc., d/b/a America West Express
| Order 99-12-4 OST-98-4706 |
Issued December 3, 1999 Served December 8, 1999 |
Order Extending Service Obligation |
Ninety-Day Notice for Suspension of Service at Gallup, New Mexico |
By: John Coleman
Miami Air International, Inc. (Liability Limitations of the Warsaw Convention)
| OST-95-232 OST-96-1607 |
December 2, 1999 | Re: Liability Limitations of the Warsaw Convention |
Intra-European Codeshare Operations |
By: Roller Bauer, James Tello, 202-331-3300
Index
Northwest Territorial Airways Limited / Bradley Air Services d/b/a First Air
| OST-95-384 | December 3, 1999 | Application for Renewal and
Reissuance of Exemption
|
U.S.- Canada |
| Exhibit A: Canada Business Corporations Act | |||
| Exhibit B: License | |||
| Service List |
Counsel: Boros Garofalo, Gary Garofalo, 202.822.9070
| OST-96-1428 | Filed September 20, 1999 Issued December 3, 1999 |
Notice of Action Taken |
Intermodal Cargo Services |
By: Paul Gretch
| OST-99-6521 | December 3, 1999 | Comments
of American Trans Air
|
Public Charter Regulations |
In view of the Department's decision just last year to maintain all current financial security and bonding requirements, ATA is not inclined at this juncture to propose specific reductions in any of these requirements unless the Department indicates some willingness to reconsider last year's decision in which it declined to relax any of the current requirements. ATA would, however, once again emphasize that any decision to afford either all or even just financially sound cruise lines further relief from the current bonding requirements must also be extended to direct air carriers who meet the same financial fitness criteria. There is no conceivable policy basis that would rationally support granting the cruise line industry further bonding relief without also doing so for financially sound air carriers.
Counsel: Squire Sanders Dempsey, Marshall Sinick
Transporte Aereo Tecnico Ejecutivo, S.A. de C.V.
| OST-96-1696 | Filed October 20, 1999 Issued December 3, 1999 |
Notice of Action Taken |
U.S.- Mexico Air Taxi |
By: Paul Gretch
Transportes Aereos Mercantiles Panamericanos, S.A. (TAMPA)
| OST-99-6593 | December 2, 1999 | Application for Exemption |
Columbia-Valencia-Miami All Cargo |
| Service List |
Substantial comity and reciprocity exists in the U.S. - Colombia market. Over the years, the Colombian government has authorized several U.S. carriers to operate fifth-freedom flights between the U.S. and Colombia, via intermediate points - - including points in Venezuela. In fact, it is the Colombian carriers that have been at a distinct disadvantage with other carriers in this country-pair market due to the FAA’s Category II restrictions. Grant of this authority to TAMPA will provide a more competitive operating environment for TAMPA, a carrier that has waited several years for the opportunity to expand its U.S. operations, and to compete more effectively with U.S. carriers and foreign carriers that have rapidly increased their operations in this market during the period in which Colombia was in Category II status.
TAMPA notes that the overwhelming majority of its scheduled and charter flights in recent years have been third and fourth freedom charter flights between the United States and Colombia, with few – if any – fifth freedom charters. Tampa’s primary focus remains the Colombia - U.S. market. It’s proposed service involving Valencia as an intermediate point will only strengthen it ongoing Colombia-Miami operations and enable TAMPA to better compete with other carriers serving the highly competitive Colombia-U.S. market.
Counsel: Winthrop Stimson, John Gillick
| OST-99-6557 | December 3, 1999 | Answer of Delta Air Lines
|
U.S.- Italy |
| Service List |
United has now seen fit to seek Italy exemption authority, even though it criticized Delta’s Italy exemption request in Docket OST 99-6170 as being inappropriate "under these circumstances." Delta has no objection to United’s request, so long as Delta’s earlier-filed Italy exemption is granted before or contemporaneously with any grant of authority to United. It strikes Delta as inappropriate, however, for United to request that "the exemption be effective immediately" when the U.S.-Italy open skies agreement is not yet in effect. Delta recognizes that an important step toward open skies was achieved this week with the Department’s issuance of a favorable Show Cause Order in the Northwest/Alitalia/KLM proceeding (Docket OST-99-5674) and that expectations are that the U.S.-Italy agreement will soon be signed. However, in these circumstances, it would seem appropriate either to defer final action upon the various pending exemption requests until after the open skies agreement is signed, or to explicitly condition the effectiveness of any open skies exemptions upon the entry into force of that agreement.
Counsel: Shaw Pittman, Alexander Van der Bellen, 202.663.8060
| OST-99-6013 | December 3, 1999 | Re: Intent to Begin Codeshare with Air New Zealand |
L.A.- Houston, Philadelphia |
Counsel: Kirkland Ellis, Jeffery Manley, 202.879.5000
| OST-99-6596 | December 3, 1999 | Application for an Emergency Exemption |
Reno-Fort Lauderdale |
| Attachments: Re: Request for Charter | |||
| Service List |
Counsel: Glenn Wicks, 703-841-4665
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