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OST Docket Filings for November 17, 2009

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Updated: 11/20/09 | 8:23 AM PST

Applications and Renewals:

vivaAerobus - Hermosillo-Las Vegas

Answers and Replies:

EAS at Plattsburgh and Saranac Lake/Lake Placid, NY - Requests for Community Comments

Mesa Airlines d/b/a go!Mokulele, US Airways Express, United Express and Delta Connection - Warsaw Agreement

oneworld Alliance - Joint Applicants' Answer to Virgin's Unauthorized Motion and Supplemental Comments

SmartLyx Airlines - Family Assistance Plan

Notices of Action Taken:

United - US-Worldwide Blanket Codeshare Renewal - Pending Since April 29, 2009

Volga-Dnepr - Denver-Cape Canaveral/Huntsville; Huntsville-Cape Canaveral Amendment

Notices and Orders:

Michael Bennett and Workplace Compliance - Final Public Interest Exclusion Order

TSA - Aircraft Repair Station Security - NPRM




Aeroenlaces Nacionales, S.A. de C.V. d/b/a vivaAerobus

OST-2009-0298 - Exemption - Hermosillo-Las Vegas

November 17, 2009

Application for an Exemption

Aeroenlaces Nacionales, S.A. de C.V., a Mexican air carrier, respectfully applies for an exemption from provisions of 49 USC § 41301, authorizing it to engage in scheduled foreign air transport of persons, property and mail between Hermosillo, Mexico and Las Vegas, Nevada. vivaAerobus plans to institute this service during the second week of March 2010 and plans to begin sales in December 2009. vivaAerobus plans to use Boeing 737-300 aircraft on its proposed route.

Counsel: Kirstein & Young, David Kirstein, 202-331-3348

OST-2008-0048 - AeroMexico and Aeroliotral Hermosillo-Las Vegas Codesharing
OST-2007-29208 - Aerolitoral's Hermosillo-Las Vegas Service
OST-2004-18645 - Mexicana's Hermosillo-Las Vegas Service

http://www.vivaaerobus.com/

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

November 17, 2009

Joint Applicants' Answer to Virgin Atlantic's Unauthorized Motion and Supplemental Comments

On November 12, Virgin Atlantic submitted yet another unauthorized motion for leave to file supplemental comments in this docket. The Joint Applicants oppose this motion, as Virgin’s comments add no new evidence to the docket. The Department should view Virgin’s filing for what it is - yet another attempt to use this proceeding to advance its media campaign and its commercial goal to deny oneworld the opportunity to compete more effectively.

Virgin attempts to compare Heathrow slots to Narita slots, yet omits the key fact - there is a vibrant secondary market for slots at Heathrow. It is hard to see how Virgin can argue that new entrants lack access to Heathrow when five new carriers launched more than a dozen new flights to the US immediately upon US-EU Open Skies taking effect. Virgin should also explain how it does not have an adequate number of Heathrow slots to operate its desired schedule when it is leasing a number of them to Aer Lingus. In fact, on the same day Virgin filed its motion, The Times reported that “the world’s leading airlines have expressed little to no interest” in bmi’s Heathrow slots, including Virgin Atlantic.

Completely ignored by Virgin is the fundamentally different impact the Proposed Alliance and Delta/JAL would have on interalliance competition. If JAL joined SkyTeam, consumers would be faced with yet another Star/SkyTeam duopoly – controlling 92% of US-Japan bookings. Such an alliance would eliminate the existing US-Asia competition between SkyTeam’s hubs at Narita (Delta) and Seoul (Korean) and JAL. In contrast, the Proposed Alliance would account for just 40% of US-UK bookings, and even together with Star the two hub networks at Heathrow will account for just 54%. And unlike SkyTeam - which already has two integrated Asian hubs, oneworld today has none. There is simply no comparison between the Proposed Alliance (which will add to interalliance competition) and JAL joining SkyTeam (which would reduce such competition).

Counsel: Jeffrey Ogar, 817-967-3478 for American / Garofalo Goerlich, Don Hainbach, 202-776-3970 for British Airways / Steptoe & Johnson, William Karas, 202-429-6223 for Iberia / Sami Sarelius, 358-9-818-4070 for Finnair / Condon & Forsyth, Michael Holland, 212-490-9100 for Royal Jordanian

Index


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

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

November 13, 2009

Re: Requests for Community Comments of:

Clinton County Administrator

By: Dennis DeVany

http://www.saranaclake.com/airport/airportinfo.html - Adriondack Regional Airport
http://www.plattsburghinternationalairport.com/ - Plattsburgh International Airport

Index


Mesa Airlines, Inc. d/b/a go!Mokulele, US Airways Express, United Express and Delta Connection

OST-1995-236 - Warsaw Liability Limitations

November 13, 2009

Re: Warsaw Agreement

By: Mesa, Brian Gillman

http://www.mesa-air.com/

Index


Michael R. Bennett and Workplace Compliance

OST-2009-0292

Issued November 10, 2009 | As Published in Federal Register November 16, 2009

Notice of Final Public Interest Exclusion Order

The Department of Transportation issued a decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs excluding a service agent, Michael R. Bennett, Workplace Compliance, Inc. in North Carolina, Texas, and all other places it is incorporated, franchised, or otherwise doing business, and all other individuals who are officers, employees, directors, shareholders, partners, or other individuals associated with Workplace Compliance, Inc., from providing drug and alcohol testing services in any capacity to any DOT-regulated employer for a period of 5 years. Mr. Bennett and his company provided Medical Review Officer services to DOT-regulated employers directly and through other service agents when Mr. Bennett was not qualified to act as a Medical Review Officer.

Any DOT-regulated employer who uses the services of Michael R. Bennett, et al., between July 31, 2009 and July 31, 2014 may be subject to a civil penalty for violation of Part 40.

By: Patrice Kelly

OST-2008-0184 - State Laws Requiring Drug and Alcohol Violation Information
OST-2006-24112 - Revision of Substance Abuse Professional Credential Requirement
OST-2003-15245 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Index


SmartLynx Airlines, Ltd.

OST-2009-0129 - Foreign Air Carrier Permit - EU-US Open-Skies
OST-1998-3304 - Family Assistance Plans

November 16, 2009

Re: Family Assistance Plan

Counsel: Sher & Blackwell, Mark Atwood, 202-463-2513

http://www.smartlynxweb.com/

Index


Transportation Security Administration - Aircraft Repair Station Security

TSA-2004-17131

Issued November 12, 2009 | On File at Federal Register November 17, 2009

Notice of Proposed Rulemaking - Bookmarked

TSA is proposing to issue regulations to improve the security of domestic and foreign aircraft repair stations as required by the Vision 100–Century of Aviation Reauthorization Act. The proposed regulations establish requirements for repair stations that are certificated by the Federal Aviation Administration under 14 CFR part 145 to adopt and implement a standard security program and to comply with security directives issued by TSA. This rule proposes to codify the scope of TSA’s existing inspection program and to require regulated parties to allow TSA and Department of Homeland Security officials to enter, inspect, and test property, facilities, and records relevant to repair stations. The proposed regulations also provide procedures for TSA to notify repair stations of any deficiencies in their security programs, and to determine whether a particular repair station presents an immediate risk to security. The proposal includes a process whereby a repair station may seek review of a determination by TSA that the station has not adequately addressed security deficiencies or that the repair station poses an immediate risk to security.

By: Gale Rossides

Index


United Air Lines, Inc.

OST-2004-19148 - Exemption - US-Worldwide Blanket Codeshare

Filed April 29, 2009 | Issued November 13, 2009

Notice of Action Taken

Amendment of exemption for scheduled foreign air transportation of persons, property and mail between the United States and points worldwide on a third-country code-share basis pursuant to blanket code-sharing statements of authorization previously approved by the Department, under which United’s “UA” designator code is displayed on flights operated by its foreign code-share partners, as well as on flights operated by foreign carriers that are currently authorized, or that in the future become authorized, to operate flights on behalf of United’s blanket code-share foreign partners.

Our present action approves a portion of United’s pending request in this Docket, on which the Department had previously deferred action, for amended exemption authority to permit United to place its designator code on flights operated by Jet Airways (India) Ltd. (and carriers that operate flights on its behalf). We will act separately on the remaining portion of United’s pending request for amended authority to place its designator code on flights operated by Croatia Airlines. See Notice of Action Taken in this Docket dated June 15, 2009.

The authorized foreign carriers are now: Deutsche Lufthansa AG, and other carriers that operate flights on Lufthansa’s behalf (Lufthansa CityLine, Air Dolomiti, Condor Flugdienst and PrivatAir); Air New Zealand Limited; All Nippon Airways Co. Ltd.; Asiana Airlines, Inc.; Austrian Airlines, Osterreichische Luftverkehrs AG; Lauda Air Luftfahrt GmbH; Polskie Linie Lotnicze LOT S.A.; Scandinavian Airlines System; Singapore Airlines Limited; Tyrolean Airways, Tiroler Luftfahrt GmbH d/b/a Austrian Arrows; TAP Air Portugal; Swiss Air International Air Lines Ltd. d/b/a Swiss; Qatar Airways Q.C.S.C.; Air One, S.p.A.; Turkish Airlines; Aer Lingus Limited; and Jet Airways.

By: Paul Gretch

http://www.united.com/

Index


Volga-Dnepr J.S. Cargo Airline

OST-2009-0266 - Emergency Exemptions - Denver-Cape Canaveral/Huntsville; Huntsville-Cape Canaveral

Filed October 21, 2009 | Issued November 13, 2009

Notice of Action Taken

Amend exemption from 49 USC § 40109(g) granted on October 23, 2009, permitting the applicant to operate three, one-way, all-cargo charter flights, using its AN-124-100 aircraft, carrying outsized cargo on behalf of Lockheed Martin Space Systems during the period October 26-31, 2009, to extend the effectiveness of that authority to November 20, 2009. The applicant states that the flights would operate as follows: 1) one flight between Denver, Colorado, and Cape Canaveral Air Force Station, Florida, carrying an AVB021 Atlas V Booster and support equipment; 2) one flight between Denver, Colorado, and Huntsville, Alabama, carrying an AVC019 Atlas Centaur Tank and support equipment; and 3) one flight between Huntsville, Alabama, and Cape Canaveral Air Force Station, Florida, carrying an AVC021 Atlas Centaur Tank and support equipment. The applicant asserts that LMSS needs the subject lift to meet aggressive final assembly and fabrication schedules associated with mission integration and launch; that the cargo is too large for transportation on commercially available US-carrier aircraft; and that surface transportation is not feasible because of the extremely delicate nature and high value of the cargo. The applicant states that the first flight operated as scheduled. However, due to a delay in the operation of flights two and three as a result of inclement weather conditions at Denver and subsequent scheduling conflicts, it is requesting amended authority so that those flights may take place on November 16, 2009 and November 18, 2009, respectively.

By: Susan Kurland

http://www.volga-dnepr.com/

Index



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