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OST Docket Filings for August 29, 2008

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Updated: 9/2/08 | 10:31 AM

Applications and Renewals:

Delta - Los Angeles-Sao Paulo

Jetstar Airways - Australia-US Amendments and Renewals

Mexicana - Aguascalientes-Chicago Renewal

US-China - Motion of American for a Dormancy Waiver (Chicago-Beijing)

Answers and Replies:

Aerolineas Argentinas - 241st Escrow Deposit Report

American - Answer of Delta (US-Brazil Re-Allocation)

EAS at North Bend/Coos Bay, OR - Support Letter of Bandon Chamber of Commerce

Lengthy On-Board Ground Delays - Task Force Meeting Materials - Off-Gate (Hardstand) Flight

oneworld Alliance - Support Form Letters

Notices of Action Taken:

EuroLOT - Poland-US Codeshare with United

Notices and Orders:

None




2007/2008/2009 US-China Air Services and Combination Frequency Allocation Proceeding

OST-2007-28567

August 29, 2008

Re: Motion of American Airlines for a Dormancy Waiver

American Airlines, Inc. hereby requests a temporary dormancy waiver with respect to its Chicago-Beijing certificate, Route 826, condition (13), awarded by Order 2007-12-26 in this docket on December 28, 2007. We are seeking authorization to defer inauguration of service for approximately one year, from April 9, 2009 to April 4, 2010.

This motion is being submitted in light of the extraordinarily adverse market and operating conditions affecting the airline industry. As a result of unprecedented levels in the price of fuel and economic conditions generally, other carriers in the U.S.-China market have been granted (or are seeking) authorization to defer start-up, suspend service, or operate frequencies on a seasonal basis.

See approvals under assigned authority in this docket on April 25, 2008 (United) and July 3, 2008 (US Airways); approval under assigned authority in OST-2006-25275 on July 3, 2008 (Northwest); Notice of Action Taken in this docket on June 18, 2008 (Delta); Notice of Action Taken in this docket and OST-2004-19077 on August 13, 2008 (Continental).

Counsel: American, Carl Nelson, 202-496-5647

Index


Aerolineas Argentinas, S.A.

OST-2003-15092 - IATFCPA Complaint

August 28, 2008

Re: Two-Hundred-Forty-First Escrow Deposit Report

This is the TWO-HUNDRED-FORTY-FIRST Escrow Deposit Report for the week ended August 24, 2008. Aerolineas made a deposit into the escrow of U.S. $20,836.89 for a total escrow amount of U.S. $6,408,875.39.

Counsel: Rosen Weinhaus, John Romans

http://www.aerolineas.com.ar/

Index


American Airlines, Inc.

OST-2008-0247 - US-Brazil - Re-Allocation of One Weekly Combination Frequency From United

August 29, 2008

Answer of Delta Air Lines

American is correct that United has not used at least two of the U.S.-Brazil frequencies currently allocated to United for several years. American is correct that United has no current published plans to do so. As American correctly notes, the Department has a well-established policy of reallocating such long-dormant authority where another carrier presents firm service plans to put the valuable operating rights in limited entry markets to use. See, e.g., DOT Order 2005-2-10 (show cause order proposing to reallocate five dormant frequencies from United to Delta to allow Delta to initiate new Atlanta-Rio de Janeiro service); DOT Order 2005-4-13 (same, final order); DOT Order 2005-7-16 (same, reaffirmed after reconsideration).

However, Delta has today filed a competing application for re-allocation of both of the dormant U.S.-Brazil frequencies currently allocated to United. Delta would use these two frequencies to open a new U.S. carrier gateway at Los Angeles. The relief requested by Delta and American are mutually exclusive, and the Department is required to institute a comparative selection proceeding to consider the merits of the competing applications in accordance with Ashbacker Radio Corp. v. FCC.

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

OST-2008-0270 - Delta's Los Angeles-Sao Paulo Application - August 29, 2008

Index


American Airlines, Inc., British Airways Plc, Finnair Oyj, Iberia Lineas Aereas de Espana, S.A. and Royal Jordanian Airlines

OST-2008-0252 - Antitrust Immunity


Re: Support Form Letters of:

Community Marketing, Inc.
David Matlock
Ed Schellinger
Jeanette Bruns
Kay DeBolt
Kyle Duarte
Lyn Clemo
Marie Fitzgerald
Matrix Applications
Timothy Schmitt

Please support and approve the application for antitrust immunity filed by American Airlines, British Airways, Iberia, Finnair and Royal Jordanian. Approval of this application by the U.S. Department of Transportation would enable these five oneworld alliance airlines that operate transatlantic service to work closely together to deliver highly competitive flight schedules, fares and service as well as compete on equal footing with Star and Sky Team alliances, which currently enjoy broad antitrust immunity for transatlantic flights.

In addition, please support and approve the request by American, British Airways and Iberia to establish a joint business agreement for operations between North America and Europe, which would create a more efficient and comprehensive transatlantic network for the carriers' customers. This action will have a positive impact on air travel by offering customers more service, scheduling and pricing options and will help to ensure that customers continue to benefit from having three competitive air alliances.


Index


Compania Mexicana de Aviacion, S.A. de C.V.

OST-2007-29309 - Exemption - Aguascalientes-Chicago

August 29, 2008

Application for Renewal of Exemption

Mexicana hereby requests renewal of the exemption granted to it by the DOT in the above-captioned docket to perform scheduled foreign air transportation of persons, property and mail between Aguascalientes, Mexico and Chicago, Illinois. Mexicana requests renewal of this exemption for a one-year period on its existing terms and conditions.

Mexicana currently operates twice weekly nonstop service between Aguascalientes and Chicago using A320 equipment.

Counsel: Squire Sanders, Charles Donley, 202-626-6840

http://www.mexicana.com/

Index


Delta Air Lines, Inc.

OST-2008-0270 - Exemption - Los Angeles-Sao Paulo

August 29, 2008

Application for an Exemption

Delta Air Lines, Inc. hereby applies for an exemption authorizing Delta to operate scheduled foreign air transportation of persons, property and mail between Los Angeles and Sao Paulo, Brazil. Delta asks that this authority remain in effect for at least two years or until ninety days after final Department action granting a Delta application for certificate authority with respect to this route, whichever occurs earlier.

Delta further requests that two U.S.-Brazil weekly combination frequencies currently allocated to United Air Lines, Inc. be reallocated to Delta for use in connection with Delta’s proposed new Los Angeles-Sao Paulo service. As American Airlines, Inc. correctly points out in its recent Application for one of these frequencies, United has not used these two frequencies for years, and has no current published plans to do so. See Application of American Airlines, Inc., for re-allocation of one weekly combination frequency from United Air Lines (U.S.-Brazil), Docket OST-2008-0247.

Delta plans to inaugurate new Los Angeles -Sao Paulo service, initially to be operated three times per week, which Delta would begin on or about December 14, 2008, or within 90 days of a final order in any competitive carrier selection proceeding to allocate these frequencies (whichever is later). Delta will use 767-332ER aircraft configured with 181 coach class and 34 business class passenger seats. Delta will use the two requested frequencies and one additional frequency from the twenty-one weekly U.S.-Brazil weekly combination frequencies Delta currently uses to operate services to Sao Paulo and Rio de Janeiro from New York and Atlanta.

Counsel: Scott McClain, 404-773-6514

http://www.delta.com/

OST-2008-0229 - American's US-Brazil Application - July 16, 2008
OST-2007-0006 - DOT's Reallocation of American's Colombia Frequencies
OST-2005-21949 - DOT's Reallocation of United's Argentina Frequencies

Index


Essential Air Service at North Bend/Coos Bay, Oregon

OST-2008-0205

August 18, 2008

Re: Support Letter of Bandon Chamber of Commerce

There is no other way to put this; loss of air service between Portland and North Bend would be catastrophic to Coos and Curry County. The Bandon Chamber of Commerce and the Bandon Economic Development Council respectfully requests that all necessary steps be taken that to find a suitable replacement.

By: Julie Miller

Index


EuroLOT S.A.

OST-2006-24989 - Exemption and Statement of Authorization - Poland-US (Intra-Europe) Codeshare with United Air Lines

Filed August 6, 2008 | Issued August 29, 2008

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to the extent necessary to transport persons, property and mail by displaying the airline designator code of United Air Lines, Inc. between points in Poland and between points in Poland and points in third countries.

By: Paul Gretch

http://www.eurolot.com.pl/

Index


Jetstar Airways Pty. Limited


OST-2006-24922 - Foreign Air Carrier Permit - Australia-US Scheduled Passenger

August 29, 2008

Application for Amendment and Renewal of Foreign Air Carrier Permit

Jetstar Airways Pty. Limited amends its Application for a Foreign Air Carrier Permit in order to avail itself of authority to the full extent authorized by the Air Transport Services Agreement between the United States and Australia, as amended on February 14, 2008. In specific, Jetstar seeks authority to engage in: (a) foreign scheduled and charter air transportation of persons, property and mail from points behind Australia via Australia and intermediate points to a point or points in the United States and beyond; (b) foreign scheduled and charter transportation of property between any point or points in the United States and any other point or points; (c) other charters pursuant to the prior approval requirements set forth in the Department’s regulations governing charters.

Jetstar, a wholly owned subsidiary of the Qantas Group, introduced its value-based service to the U.S. market in December 2006 and currently operates flights between Sydney and Honolulu pursuant to an exemption first issued on August 14, 2006, and renewed on August 30, 2007, in Docket OST-2006-24923, pending issuance of its foreign air carrier permit. Jetstar is concurrently applying to renew its exemption and also to amend the exemption such that its exemption will also grant authority to the full extent of the Agreement.

Counsel: Roller & Bauer, Moffett Roller, 202-331-3300


OST-2006-24923 - Exemption - Australia-US Scheduled Passenger

August 29, 2008

Application for Amendment and Renewal of Exemption

Jetstar seeks renewal of its current exemption authorizing Jetstar to engage in (i) scheduled foreign air transportation of persons, property, and mail between Honolulu, Hawaii, on the one hand, and Sydney and Melbourne, Australia, on the other hand; and (ii) charter foreign air transportation of persons, property and mail between the United States and Australia and other charters in accordance with Part 212 of DOT Economic Regulations.

Jetstar also seeks amendment of its exemption in order to avail itself of authority to the full extent authorized by the Air Transport Services Agreement between the United States and Australia, as amended on February 14, 2008. In specific, Jetstar seeks amended authority to engage in: (a) foreign scheduled and charter air transportation of persons, property and mail from points behind Australia via Australia and intermediate points to a point or points in the United States and beyond; (b) foreign scheduled and charter transportation of property between any point or points in the United States and any other point or points; and (c) other charters in accordance with Part 212 of DOT Economic Regulations.

Concurrently with the filing of this Application, Jetstar is filing an Amendment to its Application for a Foreign Air Carrier Permit in Docket OST-2006-24922. Jetstar’s Amended Permit Application also seeks authority to operate between the United States and Australia to the full extent of the amended Agreement, and it updates supporting information contained in Jetstar’s initial Permit Application.

Counsel: Roller & Bauer, Moffett Roller, 202-331-3300

http://www.jetstar.com.au/

Index


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

OST-2007-0108

August 16, 2008

Task Force Meeting Materials - Off-Gate (Hardstand) Flight - PowerPoint Presentation

By: PAI Consulting, Katie Hamlin

Index



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