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OST Docket Filings for July 14, 2010

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Updated: 7/15/10 | 12:42 PM PDT

Applications and Renewals:

Caribbean Sun Airlines - Amendment #2 to Information Request

Continental, Continental Micronesia and Spanair - Executed Codeshare Agreement (Redacted)

National Air Cargo Group d/b/a National Airlines - Amended Certificate (Interstate and Foreign Charter Passenger)

Qantas - Equivalent Alternative Determination (Premium Seating Class in the A-380)

Answers and Replies:

Blue1, Wideroe's, Golden Air and Continental - Polling Results (Norway/EU-US Codeshare)

Enhancing Airline Passenger Protections II - House Transportation Subcommittee Hearing on Airline Fees

US-Japan Alliance Case - Answer of AFA-CWA in Support to the Answer of ALPA

Notices of Action Taken:

None

Notices and Orders:

American, British Airways and Iberia - EU Memos - Granting Antitrust Immunity

Form 398 - Air Carrier's Claim for Subsidy - Renew Currently Approved Information Collection

EAS at Alamosa and Cortez, CO - Selecting Carrier and Establishing Subsidy Rates

EAS at Hot Springs and Minto, AK - Selecting Carrier and Establishing Subsidy Rates

TUI Airlines Nederland d/b/a Arkefly - Granting Exemption and To Show Cause - EU-US Scheduled Passenger




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

OST-2008-0252 - Antitrust Immunity

July 14, 2010

Antitrust Memo/10/330: British Airways, American Airlines and Iberia commitments to ensure competition on transatlantic passenger air transport markets made legally binding – frequently asked questions

Antitrust IP/10/936: British Airways, American Airlines and Iberia commitments to ensure competition on transatlantic passenger air transport markets made legally binding


EU Competition Documents and Press Releases


Index


Caribbean Sun Airlines, Inc.

OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

July 9, 2010

Amendment #2 to Information Request

Respectfully submits the Resumes and Compliance Questionnaires for CSA's new Director of Maintenance, Ray Bradley, and Director of Quality, Glenn DeLaney. July 9,

Counsel: Pierre Murphy, 202-776-3980

http://en.wikipedia.org/wiki/Caribbean_Sun_Airlines

Index


Continental Airlines, Inc. / Blue1 Ltd., Wideroe's Flyveselskap AS and Golden Air Flyg AB

OST-2005-20122 - Continental - Blanket Codeshare with Air France, COPA, and KLM
OST-2010-0171 - Exemption and Statements of Authorization - Codesharing with Continental

July 9, 2010

Re: Polling Results

We have polled each of the carriers served with the above-referenced Joint Application of Blue1 Ltd., Widewe's Flyveselskap AS, Golden Air Flyg AB and Continental Airlines, Inc., dated June 29, 2010, and hereby report to the Department that the Joint Application is unopposed by those parties.

Counsel: Silverberg Goldman, Michael Goldman, 202-944-3305

http://www.wideroe.no/
http://www.blue1.com/
http://www.goldenair.se/
http://www.continental.com/

Index


Continental Airlines, Inc., Continental Micronesia, Inc. and Spanair, S.A.

OST-2010-0180 - Statements of Authorization - EU-US Open-Skies Codesharing
OST-2005-20122 - Continental - Blanket Codeshare with Air France, COPA and KLM

July 9, 2010

Re: Redacted Copy of the Codeshare Agreement

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2500 for Continental / Silverberg Goldman, Michael Goldman, 202-944-3304 for Spanair

http://www.continental.com/
http://www.spanair.com/

Index


Enhancing Airline Passenger Protections

OST-2010-0140

July 12, 2010

Re: Hearing on "Airline Fees"

The Subcommittee on Aviation will meet on Wednesday, July 14, at 2:00 p.m., in room 2167 of the Rayburn House Office Building to receive testimony regarding airline fees. The hearing will cover a number of issues pertaining to the trend of unbundling airfares to require passengers to pay for particular services individually. The hearing will also explore requirements for disclosure of fares, taxes, and fees, options for passengers to recover the costs of some fees, and revenue potentially available to the Airport and Airway Trust Fund (Trust Fund) if certain ancillary fees were subject to the Federal tax on airline tickets.

By: James Oberstar and John Mica

Live Webcast
Witness Testimonies

First Month Under the Three Hour Ground Delay Rule Sees More Travelers Inconvenienced - Cranky Flier, July 13, 2010

OST-2007-0022 - Enhancing Airline Passenger Protections
OST-2010-0039 - Final Rule Enhancing Airline Passenger Protections

Index


Essential Air Service at Alamosa and Cortez, Colorado

Order 2010-7-5
OST-1997-2960 - Alamosa
OST-1998-3508 - Cortez

Issued and Served July 13, 2010

Order Selecting Carrier and Establishing Subsidy Rates

Great Lakes, the only carrier to respond, proposes to continue providing its current level of service, under code-share agreements with United Express and Frontier Airlines, consisting of 18 nonstop round trips per week between each community and Denver, with 19-seat Beech 1900D aircraft. Great Lakes proposes to provide this service at the annual subsidy rates of $1,987,155 for Alamosa and $1,847,657 for Cortez.

By: Susan Kurland

http://www.alamosa.org/
http://www.cityofcortez.com/

Index


Essential Air Service at Hot Springs and Minto, Alaska

Order 2010-7-6
OST-2004-17563

Issued and Served July 13, 2010

Order Selecting Carrier and Establishing Subsidy Rates

We have decided to select Warbelow’s to continue to provide service at Manley Hot Springs and Minto for the two-year period through August 31, 2012, at the annual subsidy rate of $95,481. The carrier will continue providing service consisting of three flights per week over a Fairbanks-Manley Hot Springs-Minto-Fairbanks routing with 3-seat Cessna 206/207 aircraft. We find that the proposed rates are reasonable and the carrier’s performance continues to be satisfactory.

By: Susan Kurland

Index


Form 398 - Air Carrier's Claim for Subsidy

OST-2010-0102

Published in the Federal Register April 30, 2010

Notice of Requests for Renewal of a Currently Approved Information Collection

The collection involved here requests only information concerning the subsidy-eligible flights (which generally constitute only a small percentage of the carriers’ total operations) of a small number of air carriers. The collection permits the Department to timely pay air carriers for providing essential air service to certain eligible communities that would not otherwise receive scheduled passenger air service. The Department provides that subsidy to air carriers monthly, and payments will vary according to the actual amount of service performed during the monthly billing cycle. The reports of subsidized air carriers of essential air service are performed on the Department’s Form 398, ‘‘Air Carrier’s Claim for Subsidy.’’

By: John DiLuccio

Index


National Air Cargo Group, Inc. d/b/a National Airlines

OST-2010-0181 - Amended Certificate of Public Conveneince and Necessity - Interstate and Foreign Charter Air Transportation of Persons, Property and Mail


July 9, 2010

Application for an Amended Certificate of Public Convenience and Necessity - Bookmarked

National Airlines has been very successful in its current scope of operations and wishes to expand its business to include a Boeing 757-200ER for passenger charter operations. National Airlines intends to operate the aircraft for charter brokers, public charter operators, private corporations and sports team conducting various types of charters. Since the aircraft will allow for the transportation of passengers as well as cargo, National Airlines seeks to amend its DOT certificate to authorize transport of passengers, property and mail in interstate and foreign commerce.

National Airlines' profitable existing cargo operation will primarily underwrite the aircraft lease and essentially all of the start-up and operating costs of the service. To the extent any additional infusion of capital is required, this will be provided by National Airlines' ultimate parent company, National Air Cargo Holdings, Inc., and its largest subsidiary, National Air Cargo, Inc., as attested to in the funds verification and provision letters respectively provided at Exhibits NA-12 and NA-13. Thus, National Airlines will have virtually no financial exposure in its amended certificated operations.

National Airlines' addition of the Boeing 757 -200ER to its fleet and the amendment of its certificate to include both passenger and cargo transport is the first step in the company's plan to substantially expand its aircraft fleet and operations over the next two years. In addition to the Boeing 757-200ER passenger aircraft, the company is currently in the process of acquiring four Boeing 757-200s that will be modified into "combi" aircraft for the transport of U.S. military personnel and cargo under future Civil Air Reserve Fleet military contracts

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


July 12, 2010

Motion for Confidential Treatment

The material for which confidential treatment is requested are the redacted portions of pages 3 through 31 of Exhibit NA-7 to the Application, which contain "Combined Financial Statements and Other Financial Information" prepared by PriceWaterhouseCoopers for National Air Cargo Holdings, Inc. and its subsidiaries, including National Airlines' parent company, NAC Acquisitions, for the years ended December 31, 2008 and 2007. The enclosed unredacted PWC 2007/2008 Combined Statement gives consolidated financial information, including the auditors' report and notes, for NAC Holdings and each of its subsidiaries, as well individual balance sheet and statement of operations information for each company individually. The redacted version submitted with the Application eliminates specific information for the companies except for National Air Cargo Acquisitions, Inc., the parent of National Airlines.

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

http://www.nationalaircargo.com/
http://www.nationalairlines.aero/

Index


Nondiscrimination on the Basis of Disability in Air Travel

OST-2008-0273

July 9, 2010

Re: Application of Qantas Airways for an Equivalent Alternative Determination

Qantas submits that it has provided evidence through this request that the horizontal transfer of a passenger with a disability in a boarding wheelchair is feasible given the configuration of the Premium Economy seating in the cabin of the forthcoming A380 and is an "equivalent alternative" providing "substantially equivalent accessibility to passengers with disabilities".

By: Qantas, Wes Nobellus

Index


TUI Airlines Nederland, B.V. d/b/a Arkefly

Order 2010-7-7
OST-2010-0049 - Exemption and Permit - EU-US Open-Skies Authority

Issued and Served July 14, 2010

Order Granting Exemption and To Show Cause

By application filed February 25, 2010, as supplemented March 29, 2010, TUI Airlines Nederland, B.V. d/b/a Arkefly, a foreign air carrier of the Netherlands, requests an exemption under 49 U.S.C § 40109, and an amended foreign air carrier permit under 49 U.S.C. § 41301, to engage in the following services:

a. Foreign scheduled and charter air transportation of persons, property and mail from any point or points behind any Member State of the European Union via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond;

b. Foreign scheduled and charter air transportation of persons, property and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area;

c. Foreign scheduled and charter all-cargo air transportation between any point or points in the United States and any other point or points;

d. Other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and

e. Transportation authorized by any additional route rights made available to European Community carriers in the future.

Arkefly’s current foreign air carrier permit, issued by Order 2006-4-2, authorizes the carrier to engage in charter foreign air transportation of persons, property and mail between a point or points in the Netherlands, on the one hand, and a point or points in the United States, on the other hand, either directly or via intermediate points in other countries, and beyond, and other charters under the Department’s rules governing charters

By: Paul Gretch

http://www.arkefly.com

Index


US-Japan Alliance Case

OST-2010-0059

July 9, 2010

Answer of Association of Flight Attendants in Support of the Answer of ALPA

Prior to granting approval, the DOT should ensure that the Pacific JV Agreement '"is not adverse to the public interest," which includes not only U.S. consumers, but also the employees of U.S. carriers. Without provisions protecting the interests of the U.S. carriers' labor forces, approval of metal neutral agreements of the type proposed by the Joint Applicants will result in significant job losses for U.S. employees while U.S. carriers shift operations and labor costs to international alliance partners. This concern is magnified by the ongoing job losses suffered by the aviation industry over the past ten years - a net loss of more than 100,000 jobs since the year 2000. At United alone, the flight attendant workforce has been cut by half. On the other hand, there is absolutely no compelling evidence that the airlines will use the resulting savings to benefit the public rather than their bottom lines. Accordingly, if the Joint Applicants oppose the condition requested by ALPA and AFA, the DOT should order the carriers to produce an economic analysis and any other evidence proving that this condition would materially diminish the public benefit ofthe Pacific JV Agreement, and specifically, metal neutrality.

Counsel: Guerreieri Clayman, Robert Clayman, 202-624-7400

Index



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