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OST Docket Filings for January 23, 2013

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January 24, 2013 8:08 PM Pacific Time

Applications and Renewals:

American and El Al Israel - Notice of US-Israel Codesharing

Delta and Air Europa / Privilege Style - Spain/EU-US Wet-Lease and Codesharing

FedEx - US-Mexico All-Cargo Renewal (Memphis/Harlingen/Oakland/Lafayette-Guadalajara/Toluca)

Sichuan Airlines - China-CNMI/Guam and China-US Charters Renewal

Answers and Replies:

Delta - Polling Results (Ft. Lauderdale-Mexico City)

EAS at Alliance and Chadron, NE - DOT Request for Community Comments

Notices of Action Taken:

None

Notices and Orders:

Guidance on Public Charter Prospectuses - Clarification of November 2012 Guidance on Review

Norwegian Long Haul - Final Order (Norway/EU-US Scheduled Passenger)

Orenair - Granting Exemption and to Show Cause (Russia-US Charter Passenger)

Quarterly Survey of Foreign Airline Operators' Revenues and Expenses - Notice of Reporting Requirements (Bureau of Economic Analysis)




American Airlines, Inc. and EL AL Israel Airlines Ltd.

OST-2007-0095 - Statements of Authorization - US-Israel Reciprocal Codesharing

January 23, 2013

Notice of Codesharing

On November 1, 2012, the FAA announced that Israel was upgraded to a Category 1 IASA rating. El Al is pleased to inform the Department that AA*/LY codesharing operations will resume on March 31, 2013, on the following routes:

  • Between Tel Aviv and New York John F. Kennedy Airport (JFK), Los Angeles and Newark;
  • Between Tel Aviv and the European gateways in London (LHR), Paris, Madrid, Frankfurt and Rome; and,
  • Between Barcelona, Zurich, Milan and Tel Aviv.

Counsel: Zuckert Scoutt, Malcolm Benge

http://www.elal.com/
http://www.aa.com/

Index

Bureau of Economic Analysis - Quarterly Survey of Foreign Airline Operators' Revenues and Expenses

Docket No. 130111032-3032-01

On File at Federal Register January 23, 2013

Notice of Reporting Requirements

By this Notice, the Bureau of Economic Analysis, Department of Commerce is informing the public that it is conducting the mandatory survey titled Quarterly Survey of Foreign Airline Operators’ Revenues and Expenses in the United States (BE-9). This mandatory survey is conducted under the authority of the International Investment and Trade in Services Survey Act (22 USC 3101-3108, as amended). This Notice constitutes legal notification to all United States persons (defined below) who meet the reporting requirements set forth in this Notice that they must respond to, and comply with, the survey. Reports are due 45 days after the end of each calendar quarter.

The BE-9 survey forms and instructions are available on the BEA Web site at: http://www.bea.gov/surveys/iussurv.htm.

By: Bureau of Economic Analysis, J. Steven Landefeld

Index


Delta Air Lines, Inc.

OST-2013-0013 - Exemption - Ft. Lauderdale-Mexico City

January 23, 2013

Re: Polling Results

This letter is to confirm that Delta has polled all of the carrier representatives below and there are no objections to Delta’s application. In these circumstances, we urge that the application be granted as soon as possible.

Counsel: Delta, Alexander Van der Bellen, 202-842-4184

http://www.delta.com/

Index

Delta Air Lines, Inc. and Air Europa Lineas Aereas, S.A.U. / Privilege Style, S.A.

OST-2011-0160 - Delta and Air Europa - US-EU Reciprocal Codesharing
OST-2010-0148 - Privilege Style - EU-US Passenger Charters

January 11, 2013

Application of Privilege Style for a Statement of Authorization

Privilege Style, a foreign air carrier of Spain, hereby applies for a statement of authorization to display Delta’s code on Privilege Style flights operated on a wet lease basis for Air Europa Lineas Aereas, S.A.U. pursuant to Air Europa and Delta’s existing codesharing agreement.

Privilege Style will initially display Delta’s “DL*” designator code on Privilege Style wet lease flights between Madrid, Spain and Lisbon, Portugal pursuant to the existing codesharing agreement between Air Europa and Delta. Privilege Style will operate these flights with ERJ-145 aircraft, and intends to commence operations as soon as possible.

Counsel: Pillsbury Winthrop, Josh Romanow, 202-663-8000

http://www.delta.com/
http://www.aireuropa.com/

http://www.privilegestyle.com/

Index

Essential Air Service at Alliance and Chadron, Nebraska

OST-2000-8322

January 15, 2013

DOT Request for Community Comments

Great Lakes, the incumbent carrier, proposes to continue its existing service consisting of 12 non-stop or one-stop round trips per week from each community to Denver International Airport. The proposal assumes no restrictions on upline service for either community. The service would be operated with 19-passenger twin-engine Beech 1900D aircraft. Great Lakes would provide this service for a combined annual subsidy of $2,619,729.

Sovereign has proposed to provide service consisting of 19 weekly non-stop or one-stop round trips per community to Denver (3 round trips per weekday and 2 round trips per weekend day) with 19-passenger twin-engine Jetstream 31/32 aircraft. Sovereign would require a combined annual subsidy of $2,265,852. Please be aware that Sovereign does not currently have the requisite operating authority from the Federal Aviation Administration or the Department.

We request that you review each proposal and submit any comments you may have as soon as possible, but no later than February 5, 2013.

By: Dennis DeVany

http://en.wikipedia.org/wiki/Alliance_Municipal_Airport - Alliance Municipal Airport
http://en.wikipedia.org/wiki/Chadron_Municipal_Airport - Chadron Municipal Airport

Index


Federal Express Corporation

OST-2008-0105 - Exemption - US-Mexico All-Cargo
OST-2011-0076 - US-Mexico Procedural Docket

January 10, 2013

Application for Renewal of Certificate Authority

FedEx Express requests that its US-Mexico Certificate for Route 568 be renewed for an additional five-year period, through July 10, 2018, or such longer term as the Department may deem appropriate. FedEx Express further requests the right to integrate such authority with its other certificate and exemption authority to provide foreign air transportation.

FedEx Express' current US-Mexico certificate authorizes FedEx Express to operate scheduled all-cargo service over nine specific city-pair routes between Memphis, Tennessee, Harlingen Texas, Oakland, California and Lafayette, Louisiana on the one hand, and Guadalajara, Monterrey and Toluca, Mexico on the other hand.

FedEx Express also holds exemption authority to serve two specific city-pair routes between Memphis, Tennessee, Mobile, Alabama and Indianapolis, Indiana on the one hand, and between Queretaro, Mexico and Guadalajara, Mexico, on the other hand. See Notice of Action Taken, OST-2011-0179 (September 30, 2011). In that exemption authority application, FedEx Express sought an "all points" amendment to its certificate. The Department has not issued a final determination on that request.

Counsel: FedEx, Courtney Felts, 901-434-8632

http://www.fedex.com/

Index

Guidance on Public Charter Prospectuses

Issued January 14, 2013 | On File at Federal Register January 23, 2013

Notice - Clarification of November 2012 Guidance on Review

As Published in the Federal Register January 24, 2013

We have now fully considered the comments previously received and additional comments we solicited on the draft clarification, and we are convinced that requiring supplemental assurances to prospectus filings is within our authority and is needed to prevent consumer harm. However, we agree with the public charter community that further clarification and revision of the guidance is needed to make certain that the assurances to be filed as part of the prospectus filings address the practical business problems raised in the comments we received but still prevent the problematic situation that took place when Direct Air ceased service. As such, this notice modifies the prior guidance by providing citations to the existing laws that are the basis for the guidance, further clarifying the supplemental information/assurances that should be included in public charter prospectus filings and further clarifying our enforcement policy with respect to certain matters discussed in the guidance. In response to comments that the charter operator, the bank, and the direct air carrier should not be asked to make assurances in areas where they have no responsibility, the required assurances will only be expected with respect to the portions of the charter operations in which the entity making the assurance is directly involved.

By: Paul Gretch and Samuel Podberesky

OST-2013-0002 - Review and Approval of Public Charter Prospectuses

Notice of Guidance - November 16, 2012
Extension of Effective Date - December 14, 2012

Public Charter Office Prospectuses and Waivers

http://www.dot.gov/policy/aviation-policy/licensing/public-charters - DOT Public Charter Office

Index


JSC Orenburg Airlines d/b/a Orenair

Order 2013-1-15
OST-2012-0197
- Exemption and Foreign Air Carrier Permit - Russia-US Charter Passenger

Issued and Served January 23, 2013

Order Granting Exemption and to Show Cause

We grant the request of JSC Orenburg Airlines d/b/a Orenair for an exemption under 49 USC §40109 to permit it to engage in (1) charter foreign air transportation of persons, property and mail between any point or points in the Russian Federation and any point or points in the United States; and (2) other charters in accordance with 14 CFR Part 212 of the Department’s regulations;

With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch

http://www.orenair.ru

Index

Norwegian Long Haul, A.S.

Order 2013-1-14
OST-2012-0174
- Exemption and Foreign Air Carrier Permit - Norway/EU-US Scheduled Passenger

Issued November 19, 2012 | Served January 23, 2013

Final Order

By Order 2012-10-23, issued October 26, 2012, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 USC §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch

http://www.norwegian.com/

Index


Sichuan Airlines Co., Ltd.

OST-2010-0299 - Exemption - China-CNMI/Guam and China-US Charters

January 10, 2013

Application for Renewal of an Exemption

Sichuan Airlines hereby applies for renewal of an exemption authorizing SCAL to continue to engage in (1) scheduled foreign air transportation of persons, property and mail between points in the People's Republic of China on the one hand, and Guam and the Commonwealth of the Northern Mariana Islands on the other hand; (2) charter foreign air transportation of persons, property and mail between the PRC and the United States; and (3) other charters pursuant to the prior approval requirements set forth in the Department's regulations. SCAL's exemption authority was initially approved for one year by Notice of Action Taken dated January 26, 2011, and subsequently renewed for a period of one additional year by NOAT dated February 2, 2012 (Docket OST-2010-0299). In light of the liberal PRC-Guam/CNMI opportunities available to Chinese and US air carriers under the governing bilateral agreement, SCAl requests renewal for a period of at least two additional years.

Pursuant to its existing exemption authority, SCAL currently operates four weekly Chengdu-Shanghai-Saipan roundtrip flights and two weekly Chengdu-Guangzhou-Saipan roundtrip flights using A-330-243 aircraft each configured with 27-36 first class and 209-251 economy seats.

Counsel: Hogan Lovells, George Carneal, 202-637-6526

http://www.scal.com.cn/

Index


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