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OST Docket Filings for June 18, 2014

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June 20, 2014 8:53 AM Pacific Time

Applications and Renewals:

None

Answers and Replies:

Azul - Support Letter of Broward County Aviation Department (Brazil-US Scheduled Passenger)

Hyperion Aviation - Designation of Agent

IATA Resolution 787 - Answers of Open Allies for Airfare Transparency and Travel Technology Ass'n

Joel Hayes Complaint Against American - Answer of American (Fictitious Reservations)

Partner Jet - Designation of Agent

SriLankan Airlines - Designation of Agent

Notices of Action Taken:

Antonov Airlines - Columbus (Rickenbacker)-Everett Emergency Exemption

Notices and Orders:

Eurolot - Granting Exemption and Show Cause (Poland-US Charter Passenger)

TSA - Adjustment of Passenger Civil Aviation Security Service Fee - Interim Final Rule; Request for Comments




Antonov Airlines

OST-2014-0106 - Emergency Exemption - Columbus (Rickenbacker)-Everett

Filed June 17, 2014 | Issued June 18, 2014

Notice of Action Taken

Exemption under 49 USC § 40109(g) to permit the applicant to operate two, one-way, all-cargo charter flights, using its AN-124-100 aircraft, carrying outsized cargo on behalf of GE Aviation, from Columbus (Rickenbacker Airport), Ohio, to Everett, Washington, on or around June 19-30, 2014. The applicant states that each flight would carry up to four outsized GE90 aircraft engines and ancillary equipment. The applicant asserts that GE needs the subject lift to offset production line work stoppages caused by engine delivery delays; that further delivery delay would negatively impact GE Aviation, Boeing, and their customers; that the cargo is too large for transportation on commercially available US-carrier aircraft; and that surface transportation is not feasible because of the size of the cargo and the urgency of the shipment.

By: Paul Gretch

http://www.antonov.com/

Index


Azul Linhas Aereas Brasileiras, S.A.

OST-2014-0095 - Exemption and Foreign Air Carrier Permit - Campinas-Fort Lauderdale/Orlando

June 7, 2014

Support Letter of Broward County Aviation Department

At the present time, there is a critical shortage of scheduled air service between Broward County and Brazil. Currently there are 118 weekly departures from Miami International Airport to Brazil. Fort Lauderdale International Airport and Broward County currently have no air service to Brazil.

The proposed service will provide Broward County residents with access to new and important tourism destinations and business opportunities in Brazil. More importantly, the service will provide those destinations with reciprocal access to South Florida's tourism, shopping, and cultural attractions, and significantly affect the economic impact in the area.

By: Kent George, 954-359-2350

Index




Eurolot S.A.

Order 2014-6-11
OST-2014-0046
- Foreign Air Carrier Permit and Exemption - EU-US (Poland-US) Scheduled Passenger

Issued and Served June 18, 2014

Order Granting Exemption and to Show Cause

We grant the request of Eurolot S.A. for an exemption under 49 USC §40109 for the services set forth below:

  • 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;
  • 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;
  • Foreign scheduled and charter cargo air transportation between any point or points in the United States and any other point or points;
  • Other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and
  • Transportation authorized by any additional route rights made available to European Union carriers in the future.

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://eurolot.com/

Index




Hyperion Aviation Ltd.

OST-2002-12556 - Designation of Agent for Service

March 12, 2014

Designation of Agent

Counsel: Hogan Lovells, Sheryl Israel, 202-637-8898

OST-2014-0085 - Exemption and Foreign Air Carrier Permit - EU-US Open-Skies Charter Passenger

http://www.hyperion-aviation.com

Index


International Air Transport Association

OST-2013-0048

 

June 11, 2014

Answer of Open Allies for Airfare Transparency to Order to Show Cause

Open Allies for Airfare Transparency hereby answers in support of the Department's May 21, 2014 Order to Show Cause in this proceeding. Open Allies is pleased that the Department chose to impose the important conditions agreed between Open Allies and IATA in connection with its tentative approval of Resolution 787. As noted by the Department's contemporaneous press release, "The Department's tentative approval includes several safeguards specifically designed to protect privacy, ensure competition and consumer choice, and make clear the voluntary nature of the standard and its availability to all airline industry participants." Open Allies whole-heartedly supports all of these important protections for consumers and other stakeholders and applauds DOT for adopting them.

As an association representing the allied interests of the travel distribution sector as well as consumers and corporate travel managers, Open Allies stands ready to work constructively with the airline community to promote important goals, namely, that passengers continue to be offered robust, diverse, transparent and competitive air transportation options and that the opportunity for comparative shopping by passengers be respected. The conditions imposed on the Resolution 787 process for developing a new technical communications standard are consistent with these goals and thus will foster a setting for continued beneficial dialogue between IAT A airlines and the other stakeholders that Open Allies represents.

Open Allies thus urges the Department to adopt in its final decision the conditions imposed on Resolution 787 as set forth in the May 21 Order to Show Cause.

By: Open Allies, Andrew Weinstein, 202-667-4967




June 11, 2014

Answer of the Travel Technology Association to Order to Show Cause

The Travel Technology Association hereby answers in support of the Department’s May 21, 2014 Order to Show Cause in this proceeding. Travel Tech supports the Department’s decision to tentatively approve Resolution 787 with the conditions set forth therein. The Show-Cause Order included all of the conditions submitted by IATA and Open Allies for Airfare Transparency in their jointly-filed “Agreed Limitations Concerning Resolution 787”. Travel Tech and its members are committed to working with all stakeholders to ensure that the principles of privacy, competition, choice, voluntary participation, and open standards are upheld and maintained in the future of travel distribution. Travel Tech urges the Department to adopt in its final decision the conditions imposed on Resolution 787 as set forth in the May 21 Order to Show Cause.

By: TTA, Stephen Shur

Index


Joel Hayes Complaint Against American Airlines

OST-2014-0077 - Fictitious Reservations

June 17, 2014

Answer of American Airlines

American Airlines, Inc. hereby answers the complaint of Joel Hayes. Mr. Hayes, an AAdvantage member, acknowledged in his complaint he created difficulties for American by repeatedly making phantom bookings on a flight on which he was seeking to upgrade to business class. When American's corporate security group saw the unusual activity it notified Mr. Hayes of his improper conduct and withdrew 60,000 of his AAdvantage account miles, in accordance with the AA.com website usage rules and American's Conditions of Carriage and International Rules Tariff.

American urges that the complaint be dismissed as, at most, it presents a contract dispute question regarding applicable American terms and conditions and is not the province of DOT enforcement action. The Complainant cites to no DOT regulation as having been violated. Mr. Hayes simply invokes 49 USC §41712 containing the generic prohibition against unfair and deceptive practices as the basis for his complaint. But no attempt by a carrier to enforce its rules, regulations and tariffs can justify a formal DOT investigation unless a clearly articulated DOT regulation or precedent is alleged to have been violated, and there is no such allegation in the Complaint. Indeed, the issues raised in the complaint regarding the element of intent Mr. Hayes argues is required to violate American's AAdvantage program and other rules calls for the type of fact finding and contract interpretation best left to the courts to sort out as it would any dispute over the proper interpretation of a contract, if the parties cannot otherwise settle the matter.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300

Index



Partner Jet, Inc.

OST-2002-12556 - Designation of Agent for Service

March 30, 2014

Designation of Agent

Counsel: Mietus Law, John Mietus

OST-2014-0042 - Exemption and Foreign Air Carrier Permit - Canada-US Charter Passenger

http://www.partnerjet.com

Index



SriLankan Airlines Limited

OST-2002-12556 - Designation of Agent for Service

May 26, 2014

Designation of Agent

Counsel: Cozen O'Connor, 202-463-2537

http://www.srilankan.aero/

Index



Transportation Security Administration - Adjustment of Passenger Civil Aviation Security Service Fee

TSA-2001-11120

Issued June 17, 2014 | On File at Federal Register June 18, 2014

Interim Final Rule; Request for Comments

The Transportation Security Administration is issuing an interim final rule to implement the passenger civil aviation security service fee increase mandated by the Bipartisan Budget Act of 2013.

The “fee increase” appears at section 601(b) of the Budget Act under the heading “Restructuring of Passenger Fee.” The Budget Act amends 44940(c) as follows:

  • Before the Budget Act, the statute mandated that the fee “may not exceed $2.50 per enplanement in air transportation or intrastate air transportation that originates at an airport in the United States, except that the total amount of such fees may not exceed $5.00 per one-way trip.”
  • Following the Budget Act, the statute mandates the fee “shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States.”

The Budget Act simplifies the structure by (1) requiring that the fee be imposed on a one-way trip basis rather than a per-enplanement basis and (2) eliminating language that provided a cap on the amount of the fee as it relates to one-way trips. Where the original amount of the fee was calculated in terms of the number of enplanements in air transportation or intrastate air transportation originating at airports in the United States, under the Budget Act amendments, the restructured fee is based on each one-way trip. The Budget Act stipulates a July 1, 2014 effective date.

By: John Halinski

Index


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