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OST Docket Filings for January 22, 2008

Updated: 1/24/08 | 11:03 AM

Applications and Renewals:

Astraeus - Permit Supplement (US-EU Open-Skies)

Atlasjet - Turkey-US Charters Renewal

Delta and Korean Air - Additional Codesharing (Dayton-Buenos Aires)

EAS at Columbia/Jefferson City, MO - Notice of Air Midwest to Terminate Service

EAS at Grand Island and McCook, NE - Notice of Air Midwest to Terminate Service

EAS at Joplin, MO - Notice of Air Midwest to Terminate Service

EAS at Kirksville, MO - Notice of Air Midwest to Terminate Service

EAS at Manhattan and Salina, KS - Notice of Air Midwest to Terminate Service

Gulf Air - Codesharing with American Renewal

Northwest and KLM - Additional Codesharing (US-EU)

US-Colombia - Petition for Review of American

Answers and Replies:

Delta - Polling Results (US-South Africa Frequencies)

EAS at Jackson, TN - Mayor of Madison County in Support of Great Lakes

EAS at Massena, Ogdensburg and Watertown, NY - Comments of Jefferson County, NY

EAS at Plattsburgh and Saranac Lake/Lake Placid - St. Lawrence Valley Air Task Force in Opposition to Boston-Maine and Community Comments

Enhancing Airline Passenger Protections - Comments of RAA

National Task Force - Ground Delays - Application of Atlanta Hartsfield-Jackson Intl

Oversales and Denied Boarding Compensation - Comments of ACAA, ACI-NA, ASTA, Delta, NACA, NBTA, PenAir, RAA, Virgin Atlantic and Zoom Airlines

United - Polling Results (Los Angeles-San Jose del Cabo)

Notices of Action Taken:

None

Notices and Orders:

None




Astraeus Limited

DOT-OST-2007-0096 - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies

January 16, 2008

Supplement - Additional Information

With this supplement, Astraeus hereby submits additional information in support of its Application.

  • Exhibit A - Route Licenses (Scheduled and Charters)
  • Exhibit B - Operator's Certificate
  • Exhibit C - Family Assistance Plan

Astraeus is eager to enter the EU-U.S. market and to utilize rights made available to it under the new EU-U.S. open skies arrangement. Accordingly, Astraeus requests that the Department grant the requested exemption and permit authority so that Astraeus may begin to market its proposed services as soon as possible and conduct the service described in its Application upon the effective date of the new Agreement.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com

http://www.flystar.com/

Index


Atlasjet Uluslararasi Havacilik A.S.

OST-2003-15450 - Exemption - Turkey-US Charters

January 22, 2008

Application for Renewal of an Exemption

Atlasjet requests renewal of the exemption which authorizes it to provide charter foreign air transportation of persons, property and mail between a point or points in Turkey and a point or points in the United States and between points in the United States and points in third countries.

Atlasjet has not yet instituted service to the US. Rather, it has concentrated its efforts on consolidating its position in Turkey. It respectfully requests authority to maintain the effectiveness of the exemption authority the Department awarded to it so that it will be able to institute service at the earliest feasible time.

Atlasjet intends to institute its service to and from the United States utilizing aircraft presently in its fleet or other aircraft to be acquired by it.

Counsel: John Richardson, 202-371-2258, jrichardson@johnlrichardson.com

http://www.atlasjet.com/

Index


Delta Air Lines, Inc.

OST-2007-29356 - Exemption and Allocation of Frequencies - New York-Cape Town via Dakar

January 18, 2008

Re: Polling Results

We have concluded our polling of the U.S. carrier representatives served with the above-referenced Application (dated January 16, 2008), and no carrier has objected to the relief sought therein. Accordingly, Delta Air Lines respectfully urges that the requested authority be granted as soon as possible.

Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5600, prizzi@hhlaw.com

http://www.delta.com/

Index


Delta Air Lines, Inc., Comair, Inc., Atlantic Southeast Airlines, Inc. and Korean Air Lines Co., Ltd.

OST-2003-14367 - Statements of Authorization - US-Korea Blanket Codesharing

January 22, 2008

30-Day Notice of Additional Codesharing

Pursuant to their blanket statements of authorization approved on August 6, 1998 (#98-394) and March 11, 2003 (Department Action on Application in Docket OST-2003-14367), Delta Air Lines, Inc., Atlantic Southeast Airlines, Inc., Comair, Inc. and Korean Air Lines Co., Ltd. hereby notify the Department that, commencing no earlier than 30 days from the date of this notice, the carriers plan to display KAL's designator code on flights operated by Delta, ASA and/or Comair beyond KAL's authorized U.S. gateways, on the one hand, and Dayton, Ohio, and Buenos Aires, Argentina, on the other hand.

Initially, the carriers plan to codeshare on flights operated by Delta between Atlanta, on the one hand, and Buenos Aires and Dayton, on the other hand. KAL's traffic beyond its U.S. gateways will be on a blind-sector basis only.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

http://www.delta.com/
http://www.koreanair.com/

Index


Enhancing Airline Passenger Protections

OST-2007-0022

January 22, 2008

Comments of the Regional Airline Association - Bookmarked

Since no airline wants to offend its passengers, much less be the subject of derogatory late-night television monologues, airlines are becoming ever more sensitive to consumer concerns. Regional airlines and their major airline codeshare partners have been working together to apply lessons learned from problems that have arisen as a result of severe weather in the recent past and to adopt creative solutions that will benefit passengers in the future. Creative solutions by airlines and their personnel on the front lines assisting passengers are the best way to improve the system. To the extent the Department can encourage these solutions without restricting carrier initiatives and improve the Department's own systems to enhance the passenger experience, the Department's efforts are more than welcome.

The Department must be wary, however, of imposing regulatory requirements that would limit airline flexibility and creativity and sidetrack airline employees from assisting passengers to comply with regulatory requirements. In addition to imposing additional regulatory requirements on airlines, the Department should recognize that regional airline flights in particular compete with rail and bus surface transportation modes which face similar challenges from weather and congestion and should be held to similar standards and comparable regulatory requirements to ensure that a competitive imbalance is not created by the Department's action burdening regional airlines unnecessarily

Counsel: RAA, Roger Cohen, cohen@raa.org


OST-2007-28522 - Public Comments on Reporting Requirements for Aircraft Returning to Departure Gate
OST-2001-9325 - Oversales and Denied Boarding
DOT-OST-2007-0108 - National Task Force - Lengthy Airline On-Board Ground Delays
FAA-2007-29320 - Operating Limitations at JFK
FAA-2008-0036 - Policy Regarding Airport Rates and Charges


Index


Essential Air Service at Columbia/Jefferson City, Missouri

OST-2006-23931

January 21, 2008

Notice of Air Midwest to Terminate Service

Air Midwest, Inc. respectfully serves notice upon the Department of Transportation, in accordance with 14 C.F.R. §323.3 and 14 C.F.R. §323.4, of its intent to discontinue scheduled subsidized Essential Air Service between Columbia/Jefferson City, Missouri and both Kansas City, Missouri and St. Louis, Missouri effective April 20, 2008.

By Order 2006-6-21, June 26, 2006 Air Midwest was awarded a 24 month service agreement that commenced October 6, 2006 at an annual subsidy rate of $598,751 for providing 12 nonstop Columbia/Jefferson City-Kansas City and 12 nonstop Columbia/Jefferson City-St. Louis roundtrips each week utilizing Beech 1900D aircraft. Subsequently that service was altered to provide 24 nonstop Columbia/Jefferson City-Kansas City flights.

The termination of service by Air Midwest will reduce air transportation at Columbia/Jefferson City to a level below the essential air service determination set forth in Order 2006-6-21. At present, Air Midwest is the sole provider of certificated scheduled air service at Columbia, Missouri.

By: Mesa, Tom Bacon

http://www.jeffcitymo.org/cd/airport/airport.html - Jefferson City Memorial Airport

Index


Essential Air Service at Grand Island and McCook, Nebraska

OST-2002-13983 - Grand Island
OST-1997-3005 - McCook

January 21, 2008

Notice of Air Midwest to Terminate Service

Air Midwest, Inc. respectfully serves notice upon the Department of Transportation, in accordance with 14 C.F.R. §323.3 and 14 C.F.R. §323.4, of its intent to discontinue scheduled subsidized Essential Air Service between both Grand Island and McCook, Nebraska to Omaha, Nebraska as well as service between Grand Island and Kansas City, Missouri effective April 20, 2008.

By Order 2006-6-26, June 21, 2006 Air Midwest was awarded a 24 month service agreement at an annual subsidy rate of $2,296,462 for a two year term that commenced October 29, 2006 for providing 12 roundtrips per week on a routing McCook-Grand Island-Omaha and 6 roundtrips each week Grand Island-Kansas City utilizing Beech 1900D aircraft.

The termination of service by Air Midwest will reduce air transportation at these two communities to a level below the essential air service determination set forth in Order 2006-6-26. At present, Air Midwest is the sole provider of certificated scheduled air service at Grand Island and McCook, Nebraska.

By: Mesa, Tom Bacon

http://www.mccookregionalairport.com - McCook Regional Airport
http://www.flygri.com/ - Grand Island Airport

Index


Essential Air Service at Jackson, Tennessee

OST-2000-7857

January 17, 2008

Re: Madison County Mayor in Support of Great Lakes Airlines

I would like to go on record requesting the EAS service for McKellar-Sipes Airport, Jackson, Tennessee be awarded to Great Lakes Airlines with service to Cincinnati. In talking with our local industries and travel agents, I feel Cincinnati would be the most beneficial destination for our air service. There was much excitement in our community when Big Sky started service to Cincinnati even with the many issues they had with late and cancelled flights. If Great Lakes will give us reasonable service, I believe we can build an acceptable passenger count out of Jackson to Cincinnati.

By: Mayor, Jimmy Harris, 731-423-6020

Index


Essential Air Service at Joplin, Missouri

OST-2006-23932

January 21, 2008

Notice of Air Midwest to Terminate Service

Air Midwest, Inc. respectfully serves notice upon the Department of Transportation, in accordance with 14 C.F.R. §323.3 and 14 C.F.R. §323.4, of its intent to discontinue scheduled subsidized Essential Air Service between Joplin, Missouri and Kansas City, Missouri effective April 20, 2008.

By Order 2006-5-11, May 17, 2006 Air Midwest was awarded a 24 month service agreement that commenced August 1, 2006 at an annual subsidy rate of $849,757 for providing 18 nonstop Joplin-Kansas City roundtrips each week utilizing Beech 1900D aircraft.

The termination of service by Air Midwest will reduce air transportation at Joplin to a level below the essential air service determination set forth in Order 2006-5-11. At present, Air Midwest is the sole provider of certificated scheduled air service at Joplin, Missouri.

By: Mesa, Tom Bacon

http://www.jlnairport.com/ - Joplin Regional Airport

Index


Essential Air Service at Kirksville, Missouri

OST-1997-2515

January 21, 2008

Notice of Air Midwest to Terminate Service

Air Midwest, Inc. respectfully serves notice upon the Department of Transportation, in accordance with 14 C.RR. §323.3 and 14 C.F.R. §323.4, of its intent to discontinue scheduled subsidized Essential Air Service between Kirksville, Missouri and Kansas City, Missouri effective April 20, 2008.

By Order 2006-8-19, August 25, 2006 Air Midwest was awarded a 24 month service agreement that commenced November 5, 2006 at an annual subsidy rate of $627,100 for providing 12 nonstop Kirksville-Kansas City roundtrips each week utilizing Beech 1900D aircraft.

The termination of service by Air Midwest will reduce air transportation at Kirksville to a level below the essential air service determination set forth in Order 2006-8-19. At present, Air Midwest is the sole provider of certificated scheduled air service at Kirksville, Missouri.

By: Mesa, Tom Bacon

http://www.kirksvillecity.com/Kirksvilleregionalairport/index.htm - Kirksville Regional Airport

Index


Essential Air Service at Manhattan and Salina, Kansas

OST-2002-11376 - Salina
OST-2003-15483 - Manhattan

January 21, 2008

Notice of Air Midwest to Terminate Service

Air Midwest, Inc. respectfully serves notice upon the Department of Transportation, in accordance with 14 C.F.R. §323.3 and 14 C.F.R, §323.4, of its intent to discontinue scheduled subsidized Essential Air Service between Manhattan and Salina, Kansas and Kansas City, Missouri effective April 20, 2008.

By Order 2006-3-15, March 20, 2006 Air Midwest was awarded a 24 month service agreement that commenced March 1, 2006 at an annual subsidy rate of $974,008 for providing 18 Salina-Manhattan-Kansas City roundtrips each week utilizing Beech 1900D aircraft. Subsequently Order 2007-4-6 amended the service pattern allowing 18 Manhattan-Kansas City and 12 nonstop Salina-Kansas City roundtrips each week at the same level of compensation.

The termination of service by Air Midwest will reduce air transportation at both Manhattan and Salina to a level below the essential air service determination set forth in Order 2007-4-6. At present, Air Midwest is the sole provider of certificated scheduled air service at Manhattan and Salina, Kansas.

By: Mesa, Tom Bacon

http://www.ci.manhattan.ks.us/Airport.asp - Manhattan Regional Airport
http://salinaairport.com/ - Salina Airport

Index


Essential Air Service at Massena, Ogdensburg and Watertown, New York

OST-1997-2842

January 18, 2008

Re: Comments of Jefferson County

It would be the desire of Jefferson County to be able to continue the important dialogue with Boston Maine Airways relative to the proposal that has been submitted to your office for the near term. However, recognizing the critical decision making path that has been established by your office, which we also support, and the need to address the fundamental question of the large subsidy that is being requested of the US DOT for the next two years, we acknowledge that you may need to proceed with this important process As the owner and operator of the WIA, it is the County's desire to both secure a creditable commercial ah carrier as soon as possible and to maintain EAS support for that service To that end, we would not be in opposition to working with Boston Maine Airways in the future nor, if given the inability to be able to provide that airline with the financial support which has been requested, be opposed to the US DOT exercising its prerogative to issue another RTF because we are confident that our particular market would attract a qualified carrier.

By: County Administrator, Robert Hagemann

Index


Essential Air Service at Plattsburgh and Saranac Lake/Lake Placid, New York

OST-2000-8025 - Saranac Lake
OST-2003-14783 - Plattsburgh


January 16, 2008

St. Lawrence Valley Air Task Force in Opposition to Boston-Maine

The St. Lawrence Valley Air Task Force supports the decision of the owners of the Massena and Ogdensburg airports to oppose PanAm's EAS bid, as submitted, and requests that USDOT issue a new RPP for EAS service to these communities.

By: Chairman, Daniel Pease, 315-769-1982


January 17, 2008

Email Message - Comments in Support of Cape Air

As one of the major employers in the Adirondack Park and a significant economic engine for growth in this region I want to communicate to you how much I support Cape Air's application for service to the Adirondack Regional Airport. We must have regular, reliable service in order to compete in the northeast economy. Having to fly into and out of Albany or Burlington and then arrange ground transportation of well over two hours to make that connection is unacceptable. We must have this air connection and I feel we deserve it.

By: Paul Smiths College President, John Mills, 518-327-6223, jmills@paulsmiths.edu

Index


Gulf Air Company, G.S.C.

OST-1996-1055 - Codesharing with American Airlines

January 22, 2008

Application for Renewal of Exemption and Statement of Authorization

Gulf Air Company, G.S.C. hereby applies for renewal of its exemption from 49 U.S.C. § 41301 in order to provide foreign air transportation between London, England; Paris, France; and Frankfurt, Germany; on the one hand, and Abu Dhabi, Bahrain, Oman, and Qatar, on the other; and beyond to Kuwait; pursuant to its codesharing agreement with American Airlines under which Gulf Air displays the American code on Gulf Air flights on the foregoing routings in conjunction with American flights between the United States and London, Paris, and Frankfurt. Gulf Air also seeks renewal of its Statement of Authorization pursuant to Part 212 of the Department's Economic Regulations to display American's designator code on Gulf Air flights between London, Paris, and Frankfurt, on the one hand, and Abu Dhabi, Bahrain, Oman, Qatar, and beyond to Kuwait, on the other. Renewal of the authority in question is in the public interest because it will allow Gulf Air and American to continue to provide competitive air travel options between the United States and the Persian Gulf region.

DOT Order 2007-4-2 grants American Airlines authority to provide service on Route 835 between points in the United States, intermediate points, points in specified open-skies countries, and points beyond. The list of open-skies countries includes Bahrain, Oman, Qatar, the United Arab Emirates (Abu Dhabi), and Kuwait. In this case London, Paris, and Frankfurt are intermediate points on American’s service from the United States to the named points in the Persian Gulf.

Counsel: Roller & Bauer, Moffett Roller, 202-331-3300, mroller@rollerbauer.com

http://www.gulfairco.com/

Index


National Task Force to Develop Model Contingency Plans to Deal with Lengthy Airline On-Board Ground Delays

OST-2007-0108

Application of Benjamin DeCosta, Aviation General Manager, Hartsfield-Jackson Atlanta International Airport


Index


Northwest Airlines, Inc. and Mesaba Aviation, Inc. d/b/a Northwest Airlink and KLM Royal Dutch Airlines

OST-2003-15191 - Exemption - US-Points Worldwide on a Third-Country Codeshare Basis

January 22, 2008

Notice of Additional Codesharing

Following the entry into effect of the U.S.-EU agreement in Spring, 2008, Northwest intends to display the KL* designator code on the following transatlantic segments operated by Northwest between points in the United States and third country points in the EU:

Detroit, MI - Dusseldorf Germany
Detroit, MI - Frankfurt, Germany
Detroit, MI - London Gatwick, England
Detroit, MI - London Heathrow, England
Detroit, MI - Paris Charles De Gaulle, France
Minneapolis/St. Paul, MN - London, Heathrow, England
Minneapolis/St. Paul, MN - Paris Charles De Gaulle, France
Seattle/Tacoma, WA - London Heathrow, England

Northwest will display the KL* code on the following U.S.-Netherlands services operated by Northwest:

Amsterdam, Netherlands - Boston, MA
Amsterdam, Netherlands - Detroit, MI
Amsterdam, Netherlands - Hartford, CT
Amsterdam, Netherlands - Memphis, TN
Amsterdam, Netherlands - Minneapolis/St. Paul, MN
Amsterdam, Netherlands - Newark NJ
Amsterdam, Netherlands - Portland, or
Amsterdam, Netherlands - Seattle/Tacoma, WA

KLM will display the NW* code on the following U.S.-Netherlands services operated by KLM:

Amsterdam, Netherlands - Atlanta, GA
Amsterdam, Netherlands - Chicago, IL
Amsterdam, Netherlands - Dallas/Ft. Worth, TX
Amsterdam, Netherlands - Houston, TX
Amsterdam, Netherlands - Los Angeles, CA
Amsterdam, Netherlands - Newark, NJ
Amsterdam, Netherlands - New York, NY

KLM will display the NW* code on the following Canada- Netherlands fifth freedom segments operated by KLM, pursuant to the U.S.-Canada and U.S.-EU open skies agreements:

Amsterdam, Netherlands - Montreal
Amsterdam, Netherlands - Toronto
Amsterdam, Netherlands - Vancouver

Counsel: Northwest, Alexander Van der Bellen, 202-842-41874, sascha.vanderbellen@nwa.com

http://www.nwa.com/

Index


Oversales and Denied Boarding Compensation

OST-2001-9325


January 22, 2008

Comments of the Air Carrier Association of America

The ACAA recognizes that oversales and denied boardings are frustrating for passengers and restrictions or fines are appropriate for carriers who excessively or routinely deny boarding. With this NPRM, the Department is taking important steps towards improving the current rule and creating a better system that works for both travelers and air carriers. The first and most important change should be to include carriers with 30 or more seats in the rule, thereby including regional jet oversales in the denied boarding compensation requirements. Allowing carriers to avoid this rule by using small regional jets is unfair and will worsen other problems in the industry. The Department must also keep in mind that requirements and restrictions do not have the same effects on all carriers. Small carriers have a more difficult time rerouting passengers than do larger carriers, as they are very limited in total flights. Special provision should be included in this rule to protect small carriers from being subjected to the denied boarding rules more frequently and more severely. Finally, the denied boarding compensation amounts should be increased by no more than 25%, and not by 100%, as proposed by the Department.

By: Edward Faberman, 202-719-7420, epfaberman@acaa1.com


January 22, 2008

Comments of Airports Council International - North America

Regarding how airlines determine boarding priorities, ACI-NA agrees that DOT should continue to focus on the treatment of passengers whose boarding is involuntarily denied while avoiding the regulation of air carriers’ reservation practices. ACI-NA supports the Department’s proposal to provide examples of permissible boarding-priority criteria that would meet the requirements of Part 250. Such a listing is helpful to airlines in ensuring compliance and to consumers for understanding the regulations. However, ACI-NA recommends that the Department establish a special priority to prevent airlines from bumping unaccompanied minors and passengers with severe disabilities. Determining the identity of unaccompanied minors is easy; the more difficult matter is determining the identity of passengers with severe disabilities and what qualifies as a severe disability. The effect of involuntary bumping on these two classes of passengers is significantly more severe than with the average passenger and, thus, these passengers should have greater protections. Finally, ACI-NA approves the proposal set forth in the NPRM for giving passengers access to, and for posting, each airline’s rules and policies and for notifying passengers subject to involuntary bumping. The Department’s proposal ensures that passengers are able to easily obtain information to assist in making travel decisions or resolving disputes.

Counsel: ACI-NA, Greg Principato


January 22, 2008

Comments of the American Society of Travel Agents

ASTA believes the Boarding Priorities and Notice to Volunteers portion of the proposed rules is seriously flawed. The rule forbids priorities that “make, give or cause any undue or unreasonable preference or advantage,” then lists five non-exclusive criteria by which airlines will be permitted to discriminate among passengers in applying boarding priorities. These include the fare the passenger paid and what frequent-flyer status the passenger enjoys with the airline.

We do not understand what these factors have to do with the purposes of denied boarding compensation. Why, for example, should a person with a non-refundable discounted fare be presumed to face less inconvenience that a full fare passenger when the question of involuntary bumping arises on an oversold flight? Some passengers may have had no choice about the airline they flew and no real choice about the price they paid, yet the fact that they have no repeat flying miles accumulated with that airline will mean they are singled out for involuntary bumping ahead of other passengers who have both choice and resources.

By: ASTA, Paul Ruden, 703-739-6854, pruden@asta.org


January 22, 2008

Comments of Delta Air Lines on Notice of Proposed Rulemaking Amending 14 CFR Part 250

With respect to the proposal to double the maximum compensation for passengers involuntarily denied boarding, Delta wishes to reemphasize the important issue raised by the ATA in response to the Department’s prior Advanced Notice of Proposed Rulemaking published last July. See 72 Fed. Reg. 37491. Part 250 has tied the maximum compensation for involuntary denied boarding to ticket prices for decades. As the Department acknowledged in the ANPRM, airline ticket prices have not doubled since the original rule was adopted. To the contrary, the average price of airline tickets has sharply declined in real terms. As ATA noted in its prior comments, taking inflation into account, system-wide yield for U.S. carriers in 2006 was 49.45 percent of what it was in 1978 (4.10 cents/mile versus 8.29 cents/mile). Despite this, as ATA also noted, involuntary denied boarding is extremely rare under the current regulatory scheme. Thus, there is no justification for doubling the current compensation caps.

Counsel: Delta, J. Scott McClain, 404-773-6514


January 22, 2008

Comments of the National Air Carrier Association | Word

When we submitted our comments for the ANPRM, we indicated that under option two -- the Department’s proposal to increase the $200/$400 limits to $290 and $580 respectively based on the increase in passenger yield – the proposed amounts were too high. Most situations are worked out on a voluntary basis with NACA scheduled carriers. However, in few cases where denied boarding does occur, this would be a significant penalty for NACA carriers. According to the NPRM, the Department has decided on a blanket increase for denied boarding and oversale situations. Specifically, the Department proposes to double the limits on involuntary denied boarding compensation from $200 to $400 for passengers who are rerouted within two hours (four hours internationally) and from $400 to $800 for passengers who are not rerouted within these time frames.

As mentioned in our ANPRM comments, we believe this increase is an excessively punitive measure against most air carriers. We urge the Department to consider applying this proposal to carriers that show a statistical longevity of oversales and denied boarding situations.  It is our belief that a major reason this rulemaking has occurred is due to media reports driven by some air carriers who may abuse the process of oversales or denied boarding. The Department should hold carriers that consistently show a high level of this kind of activity accountable to a more severe penalty. Carriers that show a low statistical level of oversales and denied boarding should be rewarded for their behavior by keeping the current levels of compensation.

By: Thomas Zoeller


January 22, 2008

Comments of the National Business Travelers Association | Word

User fees should only be imposed on air travel when the service is actually being used. NBTA requests that DOT initiate a rule-making or other mechanism to require federal agencies to refund travel fees for tickets that are not actually utilized.

NBTA proposes that the regulations require that carriers compensate travelers the greater of $400 or half of their airfare for travelers involuntarily denied boarding and arriving at their destination within 2 hours of their scheduled arrival time. NBTA further proposes that carriers compensate travelers the greater of $800 or half of their airfare for travelers involuntarily denied boarding and arriving at their destination more than 2 hours after their scheduled arrival time.

By: NBTA, Shane Downey, 703-684-0836, sdowney@nbta.org


January 22, 2008

Comments of Peninsula Airways

The Department should not make the denied boarding compensation provisions applicable to airline operations using aircraft with fewer than 35 passenger seats, because such a substantial change in longstanding regulations would impose undue burdens and substantial costs on small airlines, like PenAir, operating this smaller class of aircraft in unique operating environments. If the Department decides to proceed nonetheless to expand the applicability of the DBC regulations to smaller aircraft operations, it should, at a minimum, modify the rule (i) to exclude commuter operations with propeller aircraft solely within the State of Alaska and/or (ii) to limit the rule to aircraft with 35 passenger seats or more. Adopting either one of PenAir's proposed alternatives would result in the DBC rule covering the vast amount of commuter operations, including regional Nt operations in the Lower 48 states (which seems to be the underlying objective of the proposed expansion of the DBC rule's applicability), while appropriately retaining the exclusion for smaller turbo·prop aircraft used by operators such as PenAir.

If the Department nonetheless feels compelled to expand the reach of the DBC rule to aircraft with fewer than 60 seats, any such expansion should exclude non-jet operations within the State of Alaska, and/or exclude aircraft with fewer than 35 passenger seats.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com


January 22, 2008

Comments of the Regional Airline Association

As the Department analyzes its NPRM and comments submitted in response to it and considers preparation of a final rule to revise Part 250, RAA urges the Department to continue the exemption of aircraft with 60 or fewer seats from Part 250; to retain the current involuntary denied boarding compensation levels or to raise them, at most, by the percentage increase in unadjusted airline yields since the current levels were established if the requirements are extended to aircraft with 60 or fewer seats; to retain the current requirements for informing passengers when soliciting volunteers to defer travel for compensation; and to discontinue reporting requirements imposed on airlines whose reports are not analyzed or utilized.

Counsel: RAA, Roger Cohen, cohen@raa.org


January 22, 2008

Comments of Virgin Atlantic

In principle, Virgin Atlantic welcomes the decision to update the denied boarding compensation rules in order to update current levels of compensation. However, we are concerned that the proposal to calculate the amount of compensation based on the passenger’s one-way fare would be difficult to administer for the reasons described above, and therefore urge that the Department make it clear that carriers will be permitted to offer a flat rate of compensation in lieu of the calculated amount. We recommend that a flat rate system continue to be used for all airlines. This solution would give clarity to the consumer and relieve the complex administrative burden to airlines.

Counsel: Virgin, Barry Humphreys, 44-1293-747-064, barry.humphrey@fly.virgin.com


January 22, 2008

Comments of Zoom Airlines

The Department's proposal to revise Section 250.10 of its regulations to relieve carriers from Form 251 reporting requirements except for those carriers whose data are actually reviewed and used by the Department is a sensible one and one that Zoom applauds. As a general proposition, and consistent with the federal Paperwork Reduction Act, the Department should strive to streamline and minimize reporting burdens on all carriers. Since the Department is not using the Form 251 data submitted by foreign carriers (see 72 Fed. Reg. at 65244), there is no reason to require foreign carriers to continue submitting the data.

Counsel: Zoom, Jonathan Hinkles


OST-2007-28522 - Public Comments on Reporting Requirements for Aircraft Returning to Departure Gate
OST-2007-0022 - Enhancing Airline Passenger Protections
DOT-OST-2007-0108 - National Task Force - Lengthy Airline On-Board Ground Delays
FAA-2007-29320 - Operating Limitations at JFK
FAA-2008-0036 - Policy Regarding Airport Rates and Charges


Index


United Air Lines, Inc.

OST-2008-0023 - Exemption - Los Angeles-San Jose del Cabo

January 22, 2008

Re: Polling Results

United received non-objections from all carriers except for Delta Airlines, Continental Airlines and Horizon Airlines. Continental and Horizon are still evaluating their position with respect to this market. As the Department is aware, Delta opposes United’s application. United and Delta both agree, however, that the Department should promptly institute a carrier selection proceeding for this route.

Given the imminent availability of the right to add an additional U.S. carrier to serve LAX-SJD, and the need for carriers to engage in advance planning, the Department should not wait until the January 30, 2008, deadline date for other carriers to respond to United’s application. Rather, the Department should immediately establish a streamlined schedule for this proceeding as it has in prior cases where service opportunities would soon become available. See, e.g. Notice dated October 5, 2005 regarding U.S.-Mexico Combination and All-Cargo Service Opportunities. Further, in its Notice instituting such a proceeding, the Department should specify the minimum information it wants carriers to file with their applications for purposes of carrier selection. See, e.g., Orders 2007-11-23, Order 2007-6-15, and 2005-2-8. The Notice should also state in advance that all applications for the authority at issue will be consolidated for contemporaneous consideration and set forth all future procedural dates.

Counsel: United, Julie Oettinger and Wilmer Hale, Bruce Rabinovitz, bruce.rabinovitz@wilmerhale.com

http://www.united.com/

Index


US-Colombia

OST-2007-0006

Filed in US Circuit Court for DC January 22, 2008

Petition for Review of American Airlines

American Airlines, Inc. hereby petitions for review of the following orders issued by the Department of Transportation in Docket DOT-OST-2007-0006 with respect to allocation of frequencies for air service between the United States and Colombia: Order 2007-11-23, issued on November 26, 2007 and Order 2007-12-21, issued on December 21, 2007.

Counsel: Jones Day, Michael Carvin, 202-879-3939, macarvin@jonesday.com

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