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OST Docket Filings for October 1, 2015

 

Applications and Renewals:

AeroMexico - San Jose del Cabo-New York; Ixtapa/Zihuatanejo-Chicago; Guadalajara-Denver Renewals

Eastar Jet - Korea-US Open-Skies

Volaris - Puerto Vallarta-Oakland - Missing Since September 11

Answers and Replies:

American and Qantas / Delta and AeroMexico - Questions on Access to Slots and Facilities at Mexican Airports (Antitrust Immunity)

Complaint of Eldad Gatt v Kuwait Airways - Petition for Review of Eldad Gatt / DOT Conclusion of Investigation

Delta, China Airlines and Compass Airlines - Polling Results (Within-US Codesharing)

US-Tokyo (Haneda) - Motion of Delta to Revoke Backup Award

Notices of Action Taken:

Polynesian - Pago Pago-Manu'a Islands Extension

United - San Francisco-Xi'an

Volaris - Morelia-Chicago (Midway) Renewal / Mexico-US Routes Renewal / Puerto Vallarta-Oakland / Durango-Chicago; San Jose del Cabo-Oakland

Notices and Orders:

United - Issuing Certificate (San Francisco-Chengdu)




Aerovias de Mexico, S.A. de C.V.

OST-2013-0133 - Exemptions and Codeshare Statement of Authorization - San Jose del Cabo-New York; Ixtapa/Zihuatanejo-Chicago
OST-2014-0171
- Exemption - Guadalajara-Denver

October 1, 2015

Application for Renewal of Exemptions

AeroMexico respectfully requests renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property and mail in the following Mexico-US markets as granted by Notices of Action Taken dated October 9 and 14, 2014 in the above-captioned dockets:

San Jose del Cabo-New York (OST-2013-0133)
Ixtapa/Zihuatenejo-Chicago (OST-2013-0133)
Guadalajara-Denver (OST-2014-0171)

AeroMexico requests that exemption authority for these markets be renewed for an additional, one-year period.

Counsel: Mietus Law, John Mietus, 202-747-5212

http://www.aeromexico.com/

Index


American Airlines, Inc. and Qantas Airways Limited / Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.

OST-2015-0129 - Antitrust Immunity - American and Qantas
OST-2015-0070 - Antitrust Immunity - Delta and AeroMexico

September 2015

Questions on Access to Slots and Facilities at Mexican Airports

Carrier Slot Details and Summary at Mexico City

Criteria for slots allocation is given according to the following factors, Type of service: i) passengers scheduled, ii) non-scheduled in the form of charter iii) regular cargo, and iv) non-scheduled air transport in the form of charter cargo; and to determine priorities in the allocation process in accordance of the effective period of operation. The slots are allocated to each airline or aircraft operator as an individual company and are not allocated in block, these are assigned according to the season and therefore have a finite effect for the season allocated (winter / summer). The basic difference with WSG IATA is that these give them historical rights to the slots at the airlines, whereas for national legislation the only priority considered is if they were operated in the previous season, regardless of when these were assigned. The allocation of slots takes place for organization and planning purposes of the flights at the airport. Another difference is that national legislation takes into consideration a rule, of not having delays attributable to aircraft operators in schedules allocated over 15% or assigned slots with a minimum operation rate of 85%.

Landing and takeoff times allocated to the carriers can not be bought, sold, or leased, may be exchanged or transferred to other carriers, provided both are up to date in the payment of airport and air navigation services, providing at the aerodrome in question; the hours in question had been used for at least one year by the original carrier, and the airport administrator is notified of the operation, specifying the time in question.

By: SCT Mexico

Index




Complaint of Eldad Gatt v Kuwait Airways Company


March 31, 2014

Petition for Review of Eldad Gatt

Mr. Gatt attempted to purchase this ticket through the KA website. The Kuwait Airways website contains a drop-down box of countries from which the passenger must select his/her nationality, as well as the passport issuing country. There is no selection for Israel in these drop-down boxes. There is only a selection for Palestinian Territory, which was inapplicable to Mr. Gatt. As a result, Mr. Gatt was unable to purchase a ticket on KA Flight 102.

On July 30, 2013, Mr. Gatt's counsel wrote to Kuwait Airways requesting that it stop its practice of refusing to sell tickets to Israeli nationals on flights from JFK to Heathrow. This letter did not contest the right of Kuwait to bar Israeli nationals from entering into their country. However, petitioner noted that this consideration was irrelevant when flying nonstop from New York to London. Kuwait Airways never responded to this letter.

On October 8, 2013, Mr. Gatt filed a formal written complaint with the Secretary pursuant to 49 USC 40127, alleging unlawful discrimination on the part of Kuwait Airways against Israeli nationals. Mr. Gatt alleged that he was subject to blatant discrimination by Kuwait Airways due to their refusal to transport Israeli nationals on nonstop flights from New York to London. Mr. Gatt filed a similar complaint against Saudi Arabian Airlines, which also refuses to transport Israeli nationals. However, Mr. Gatt has not further pursued that matter based on the Secretary's January 9, 2014 response, which indicated that all of Saudia's flights from the United States go directly to Saudi Arabia.

On February 20, 2014, the Secretary adivsed Mr. Gatt that Kuwait Airways "has not violated any US anti-discrimination laws, including 49 USC 40127..." The Secretary further stated that "we are closing our file on this matter." No statement of reasons was provided by the Secretary in support of his conclusion. On February 24, 2014, Mr. Gatt's counsel requested a statement of reasons in support of the Secretary's conclusion that Kuwait Airways had not violated the provisions of 49 USC 40127. The Secretary responded to this letter on March 25, 2014, offering further explanation in support of his conclusion that Kuwait Airways did not violate US anti-discrimination laws. In essence, the Secretary determined that Kuwait Airways did not violate US law because that airline was required by Kuwaiti law to discriminate against Israeli nationals.

Mr. Gatt hereby appeals the denial of his complaint against Kuwait Airways. The Secretary has officially endorsed Kuwait Airways' policy of boycotting Israeli nationals, and has explicitly authorized Kuwait Airways to continue its blatantly discriminatory policies. These actions violate petitioner's rights under the Equal Protection Clause of the US Constitution. The Secretary's determination that Kuwait Airways did not violate the anti-discrimination provisions of 49 USC 40127 was further arbitrary and capricious, and not supported by substantial evidence.

Counsel: Jeffrey Lovitky, 202-429-3393




September 30, 2015

Re: DOT Conclusion of Investigation

By refusing to transport Israeli passport holders to and from the US and a third country that accepts Israeli citizens, KAC is in violation of 49 USC § 41310. To avoid enforcement action, we expect KAC to sell tickets to and transport Israeli citizens between the US and any third country where they are allowed to disembark based on the laws of that country. We request that KAC provide a response within 15 days of the date of this letter outlining the steps KAC plans to take to comply with 49 USC § 41310 with regard to its route between the United States (New York - JFK) and United Kingdom (London - LHR), the only route that KAC operates between the US and a third country.

By: Blane Workie

OST-2015-0168 - Eldad Gatt v Qatar Airways - Complaint - Israeli Citizen Transiting Qatar
OST-2015-0093 - Jonathan Parker v Saudi Arabian Airlines - Israeli Citizen Transiting Saudi Arabia

OST-2010-0246 - Kuwait Airways - Kuwait-US Open-Skies

Index




Concesionaria Vuela Compania de Aviacion, S.A.P.I. de C.V. d/b/a Volaris


OST-2015-0183 - Exemption - Puerto Vallarta-Oakland

September 11, 2015

Application for Exemption

Volaris hereby requests an exemption from 49 USC 41301 and from any other provisions of Title 49 and the Economic Regulations of the Department to the extent necessary to permit Volaris to engage in the scheduled foreign air transportation of persons, property and mail between Puerto Vallarta, Mexico, and Oakland, California. Volaris requests that this exemption be granted for at least a one-year period using Airbus A319/A320 aircraft.

Counsel: Pillsbury Winthrop, Charles Donley, 202-663-8448


OST-2011-0105 - Exemption - Morelia-Chicago (Midway)

Filed August 24, 2015 | Issued October 1, 2015

Notice of Action Taken

Renewal of exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property and mail between Morelia, Mexico, on the one hand, and Chicago, Illinois, on the other hand.

By: Paul Gretch




OST-2011-0161 - Exemption - Mexico-US Routes

Filed August 28, 2015 | Issued October 1, 2015

Notice of Action Taken

Renewal of exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property and mail between: 1) Aguascalientes, Mexico and Chicago, Illinois; 2) Morelia, Mexico and Oakland, California; 3) Toluca, Mexico and Chicago, Illinois; and 4) Zacatecas, Mexico and Oakland, California.

By: Paul Gretch




OST-2015-0183 - Exemption - Puerto Vallarta-Oakland

Filed September 11, 2015 | Issued October 1, 2015

Notice of Action Taken

Exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property and mail between Puerto Vallarta, Mexico and Oakland, California.

By: Paul Gretch




OST-2015-0185 - Exemption - Durango-Chicago; San Jose del Cabo-Oakland

Filed September 15, 2015 | Issued October 1, 2015

Notice of Action Taken

Exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property and mail between (1) Durango, Mexico and Chicago, Illinois; and (2) San Jose del Cabo, Mexico and Oakland, California.

By: Paul Gretch

http://www.volaris.com.mx/

Index




Delta Air Lines, Inc., China Airlines, Ltd. and Compass Airlines, LLC

OST-2002-11459 - Statement of Authorization - US-Taiwan Codesharing

October 1, 2015

Re: Polling Results

This letter is to confirm that Delta has polled all of the carriers on the service list to the above-referenced application and there are no objections. 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/
http://www.china-airlines.com/
http://www.compassairline.com/

Index




Eastar Jet Co., Ltd.

OST-2015-0195 - Exemption and Foreign Air Carrier Permit - Korea-US Open-Skies

October 1, 2015

Application for an Exemption and Foreign Air Carrier Permit

Eastar Jet Co., Ltd., an air carrier of the Republic of Korea, hereby applies for an exemption and foreign air carrier permit authorizing it to engage in scheduled foreign air transportation of persons, property and mail from points behind the Republic of Korea via the Republic of Korea and intermediate points, to a point or points in the United States and beyond, to the full extent permitted by the US-Republic of Korea open skies agreement; as well as charter flights subject to Part 212 of the Department's regulations. Eastar requests the exemption authority sought herein remain in effect until the Department issues Eastar the foreign air carrier permit requested herein.

Eastar proposes to commence service on the Incheon-Guam route in summer 2016 and intends to initially utilize Boeing 737-800 aircraft with 186 or 189 seats.

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

http://www.eastarjet.com/

Index




Polynesian Limited

OST-2014-0144 - Emergency Exemption - Pago Pago-Manu'a Islands

Filed August 12, 2015 | Supplemented September 14, 2015 | Issued October 1, 2015

Notice of Action Taken

Exemption under 49 USC § 40109(g) to permit the applicant to transport persons, property and mail between Pago Pago, American Samoa and the Manu’a Islands, American Samoa, for 30 days beyond September 26, 2015.

By letter dated September 14, 2015, Polynesian specifically requested that the Department extend its authority for an additional 30 days. Polynesian states that the circumstances described in its initial application have not changed, that it continues to meet the requirements of 49 USC § 40109(g) for grant of an emergency cabotage exemption, and that the Pago Pago-Manu’s Islands route remains without US carrier service.

By: Susan Kurland

http://www.polynesianairlines.com/

Index




United Air Lines, Inc.


Order 2015-10-1
OST-2013-0164
- Exemption and a Certificate of Public Convenience and Necessity - San Francisco-Chengdu

Issued July 31, 2015 | Served October 1, 2015

Order Issuing Certificate

We have decided, under assigned authority, to grant United’s request for a certificate of public convenience and necessity to serve between San Francisco, California and Chengdu, People’s Republic of China. The authority sought by the applicant is consistent with the civil aviation agreement between the United States and China and uses rights for which the United States has exchanged valuable operating rights.

We note that the route at issue here, United States-Chengdu, People’s Republic of China, is an unrestricted route under the United States-China Air Transport Agreement.

By: Paul Gretch




OST-2015-0192 - Exemption and Certificate of Public Convenience and Necessity - San Francisco-Xi'an

Filed September 22, 2015 | Issued October 1, 2015

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail on a seasonal basis between San Francisco, California and Xi’an, People’s Republic of China. United states that it plans to initiate this service beginning on May 8, 2016. We note that because Xi’an is located in China Zone 3 no frequency allocation is required. We note that the Transportation Security Administration has advised us that it has not yet completed its security assessment of Xi’an airport. In this regard, we specifically note that our approval of United’s exemption request is subject to our standard conditions concerning security. We will handle United’s request for certificate authority separately.

By: Paul Gretch

http://www.united.com/

Index




US-Tokyo (Haneda) Proceeding

OST-2010-0018

October 1, 2015

Motion of Delta Air Lines to Revoke Backup Award

Delta Air Lines Inc. hereby Moves the Department to revoke the backup authority granted to American Airlines Inc. by Order 2015-6-14 to provide Los Angeles-Haneda service. American promised to inaugurate Los Angeles-Haneda service within 60 days of receiving backup authority. Yet, despite being on notice since June 17, 2015 that the slots at issue would be available on October 1, American has failed to file any schedules or make available for sale any Los Angeles-Haneda flights. American apparently has no intention of inaugurating the service as promised. Accordingly, the slots should be removed from American, returned to the unallocated pool, and made available to other interested carriers.

When the Department awarded American backup authority it said: “American has stated that it supports the Department’s backup selection, and stands ready to meet the Department’s accelerated 60-day startup condition. . . . American states that it would be prepared to implement daily Los-Angeles Haneda service promptly, within 60 days of its backup award being activated, a factor that takes on additional weight in the context of awarding backup authority. Moreover, after receiving notification that the slots would be available on October 1, American again reconfirmed by letter to the Department dated June 19, 2015 that “American will meet the 60-day startup condition set by the Department in the Final Order. We will provide additional details of the Los Angeles-Haneda service to the Department in the coming weeks.”

These actions are not consistent with a carrier that intends to launch a new long-haul service within 60 days. As such, American has violated the conditions of its backup award and should not be allowed to retain the authority when there are other carriers willing to use it.

Delta reluctantly returned slots that it previously held for Seattle-Haneda service because Delta could not reasonably comply with the unusually strict operating terms and conditions imposed by Order 2015-6-14. American’s backup award, as detailed above, was expressly conditioned on its ability to meet the Department’s accelerated 60-day startup condition. Given the strict conditions imposed on Delta, it would be unfair, arbitrary and capricious to allow American to violate the terms of its backup award and retain slots for Los Angeles-Haneda service that it has no intention of operating within the next 60 days. The slots should be immediately returned to the unallocated pool forthwith.

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

Index


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