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OST Docket Filings for February 13, 2017

 

Applications and Renewals:

Air China - Shenzhen-Los Angeles

Centurion Air Cargo - US-China All-Cargo Renewal

Sky Lease I - US-China All-Cargo Renewal

Volga-Dnepr - Columbus-Everett and/or Seattle Emergency Exemption

Answers and Replies:

2016 Los Angeles-Beijing Frequency Allocation Proceeding - Motion of American for a Start-Up Date Extension

Delta-AeroMexico ATI Slot Assignment - Letters in Support of Alaska Air

EAS at Greenbrier/White Sulphur Springs, WV - Comments of Greenbrier Valley Convention & Visitors Bureau

Form 41 Confidentiality Motions - United

Reciprocity Confirmations - Confirmation of Danish Transport, Construction and Housing Authority

Use of Mobile Wireless Devices for Voice Calls on Aircraft / Transparency of Airline Ancillary Fees and Other Consumer Protection Issues / Exploring Industry Practices on Distribution and Display of Airline Fare, Schedule and Availability Information / Transparency of Airline Ancillary Service Fees - Support of Delta for Extension of Effective Dates

Notices of Action Taken:

None

Notices and Orders:

EAS at Kamuela, HI - Requesting Proposals




2016 Los Angeles-Beijing Frequency Allocation Proceeding

OST-2016-0076

February 13, 2017

Motion of American Airlines for a Start-Up Date Extension

American requests an extension of the March 16, 2017 start-up date for its service between Los Angeles and Beijing for one year, or within 90 days of American’s obtaining commercially viable slots at Beijing Capital International Airport, whichever occurs first. Although American was awarded seven US-China Zone 1 combination frequencies on December 16, 2016, for Los Angeles-Beijing service, American cannot inaugurate this service without commercially viable slots at PEK. American filed timely applications for slots at Beijing, but the Civil Aviation Administration of China has not allocated any slots to American, and as a result, American is unable to meet the Department’s start-up date for its Los Angeles-Beijing service.

On December 19, 2016, American filed its first application for PEK slots, and at that time the CAAC instructed American to apply again in 2017. American filed its second application for PEK slots on January 5, 2017, but the CAAC did not fulfill American’s request. American has been in regular contact with Chinese authorities concerning the availability of slots, and has made plans to send one of its senior executives to China to discuss the issue in-person. Furthermore, American is in communication with other stakeholders about obtaining slots. American fully expects that its continued efforts will eventually prove successful.

Regrettably, this is not the first time that a US carrier has faced obstacles to obtaining slots in China. The difficulties that US carriers experience in navigating China’s allocation system for airport slots are well documented, and place US carriers at a substantial disadvantage vis-a-vis their Chinese counterparts. The frequent inability of US carriers to obtain commercially viable slots in China in a timely manner deprives them of their bilaterally conferred rights, and harms the interests of the United States and the traveling public.

Granting American’s request is in the public interest. The Department found that “only a selection of American would provide the convenience of first time one-stop online connections over Los Angeles and add a third US-carrier competitor to the West Coast-Beijing market, thereby better promoting the corresponding benefits of intergateway competition.” The importance of injecting this competition for service between theWest Coast and Beijing outweighs any harm that may result from a short delay in the launch of American’s Los Angeles-Beijing service. American’s motion for a start-up extension of the earlier of one year or within 90 days of American’s obtaining commercially viable slots in Beijing should be granted, so that American can continue its efforts to obtain slots and bring the benefits of its service to the traveling public.

Counsel: Dechert LLP, Paul Denis, 202-261-3300

Index


Air China Limited d/b/a Air China

OST-2017-0024 - Exemption - Shenzhen-Los Angeles

February 13, 2017

Application for Exemption Authority

Air China hereby applies for Exemption Authority authorizing Air China to engage in scheduled foreign air transportation of persons, property and mail, between Shenzhen, People's Republic of China on the one hand, and Los Angeles, California, United States of America, on the other hand. Air China respectfully requests that this Exemption Authority be for a period of no less than two years.

Air China plans, initially, to operate passenger and cargo services in combination, in both directions, from Shenzhen, China to Los Angeles, California. The initial services will be three flights per week, in both directions, operated by Boeing B789 aircraft, with effect from July 6, 2017.

The flight numbers will be CA769 from Shenzhen to Los Angeles and CA770 from Los Angeles to Shenzhen. The initial service will be three flights per week in both directions on Monday, Thursday and Saturday. Flight CA769 will depart Shenzhen at LT2330 and arrive at Los Angeles at LT2125. Flight CA770 will depart Los Angeles at LT2350 and arrive at Shenzhen at LT0530+1.

Counsel: Wilson Elser, George Tompkins, 212-490-3000 x5624

https://www.airchina.us/

Index




Centurion Air Cargo, Inc.

OST-2011-0093 - Exemption - US-China All-Cargo

February 13, 2017

Application for Renewal of an Exemption

Centurion respectfully requests renewal of the above-captioned exemption, granted by Notice of Action Taken dated April 14, 2015, for an additional, two-year period. The Notice, set to expire on April 14, 2017, permits Centurion to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in the People’s Republic of China, on the other hand, via intermediate points and beyond China; it also authorizes Centurion to integrate this exemption authority with its existing authority.

Until it recently suspended operations, Centurion provided extensive scheduled and charter service in a number of international markets and operated MD-11 freighter aircraft.

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

http://www.centurioncargo.com/

Index


Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. / Slot Assignment Phase of the Delta-AeroMexico ATI Proceeding

OST-2015-0070 - Antitrust Immunity for Alliance Agreements

February 10, 2017

Letters in Support of Alaska Airlines - 7MB

Letters in Support of Alaska Airlines' Proposed Los Angeles-Mexico City:

The Honorable Gavin Newsom, Lieutenant Governor of the State of California
The Honorable Ben Allen, California State Senate, 26th State Senate District
The Honorable Autumn R. Burke, California State Assembly, 62nd Assembly District
The Honorable Bob Blumenfield, Councilmember, City of Los Angeles, 3rd District
The Honorable Mike Bonin, Councilmember, City of Los Angeles, 11th District
Los Angeles World Airports
Mexico Tourism Board
California Travel Association
Los Angeles Area Chamber of Commerce
Los Angeles County Economic Development Corporation
Sister Cities of Los Angeles

Letters in Support of Alaska Airlines' Proposed San Francisco-Mexico City:

The Honorable Gavin Newsom, Lieutenant Governor of the State of California
The Honorable Kevin Mullin, Speaker Pro-Tempore, California State Assembly
The Honorable Edwin M. Lee, Mayor of the City and County of San Francisco
Mexico Tourism Board
California Travel Association
Bay Area Council
San Francisco Chamber of Commerce
San Francisco Travel Association

Letters in Support of Alaska Airlines' Proposed San Diego-Mexico City:

The Honorable Gavin Newsom, Lieutenant Governor of the State of California
The Honorable Toni G. Atkins, California State Senate, 39th State Senate District
San Diego County Regional Airport Authority
Mexico Tourism Board
California Travel Association
San Diego Regional Economic Development Corporation
World Trade Center San Diego
San Diego Tourism Authority

Counsel: Cozen O'Connor, David Heffernan

Index




Essential Air Service at Greenbrier/White Sulphur Springs, West Virginia

OST-2003-15553

January 30, 2017

Comments of Greenbrier Valley Convention & Visitors Bureau

In late September 2016, just over four months ago, the US Department of Transportation approved regional carrier Via Air to provide air service to the Greenbrier Valley Airport direct from Charlotte, NC. To date, reliable service has been a complete failure, with issues well documented by the Greenbrier County Airport Authority and local media. Problems range from unreliable to non-existent schedules, chronic tardiness on flights that do occur and rerouting of individuals bound for the Greenbrier Valley to neighboring airports so passengers can then be bused back to their intended destination.

In terms of tourism and economic development, accessibility is crucial. Within just a few months, Via Air service has already adversely impacted our area. Our largest tourism partner, The Greenbrier, has suffered significant losses with guests and large convention groups choosing other locations for their plans. Further, the negative media attention of service suspension and its unreliability has compounded matters as we work to attract new travelers and meeting planners to West Virginia.

We are seeking your guidance and support to determine the next steps in resolving this situation, as it is evident Via Air is incapable of maintaining the level of service contractually agreed upon.

Tourism is a vital component of our regional economy. It represents one of every eight jobs in Greenbrier County and improves the quality of life for our residents. Via Air is damaging our reputation in the industry, and ultimately, our potential for continued economic growth.

By: Mike Kidd

http://www.gvairport.com/ - Greenbrier Valley Airport

Index




Essential Air Service at Kamuela, Hawaii

Order 2017-2-4
OST-1997-2833

Issued and Served February 13, 2017

Order Requesting Proposals

By this Order, the United States Department of Transportation is requesting proposals from air carriers interested in providing Essential Air Service at Kamuela, Hawaii, for a new contract term, with or without subsidy support, beginning October 1, 2017. Proposals are due by 11:59 P.M. Eastern Standard Time on March 23, 2017.

The Department expects proposals consistent with what the community currently receives, namely 12 round trips to a large- or medium-hub airport. During the 12-month period ended September 30, 2016, Kamuela generated 8733 total inbound and outbound passengers.

By: Todd Homan

http://hawaii.gov/mue - Waimea-Kohala Airport

Index




Reciprocity Confirmations

OST-2006-24269

February 10, 2017

Confirmation of Danish Transport, Construction and Housing Authority

Referring to the letter of 9 September 2016 from the undersigned and understanding that a formal renewal of the statement in the said letter is necessary, please note the following:

In reference to the intentions of the two Danish air carriers Air Alsie A/S and ExecuJet Europe A/S, respectively, to conduct non-scheduled (charter) air services to and from the United States, the Danish Transport, Construction, and Housing Authority hereby declares that it will consider applications by U.S. air carriers for approval to operate non-scheduled (charter) air services to and from Denmark in accordance with the provisions of the Air Transport Agreement between the European Community and its Member States and the United States of America of April 2007, as amended, and, for those charter operations not specified in the Agreement, on the basis of comity and reciprocity.

By: Andreas Kavalaris

https://www.trafikstyrelsen.dk

Index




Sky Lease I, Inc.

OST-2011-0092 - Exemption - US-China All-Cargo

February 13, 2017

Application for Renewal of an Exemption

Sky Lease respectfully requests renewal of the above-captioned exemption, granted by Notice of Action Taken dated April 14, 2015, for an additional, two-year period. The Notice, set to expire on April 14, 2017, permits Sky Lease to engage in scheduled foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in the People’s Republic of China, on the other hand, via intermediate points and beyond China; it also authorizes Sky Lease to integrate this exemption authority with its existing authority.

Sky Lease provides extensive scheduled and charter service in a number of international markets with B747 and MD-11 freighter aircraft.

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

http://www.skyleasecargo.com/

Index




United Airlines, Inc.

OST-1995-675 - Form 41, Schedule B-7

February 10, 2017

Motion to Withhold Information from Public Disclosure

Counsel: Crowell & Moring, Marc Warren, 202-624-2500

http://www.united.com/

Index




Use of Mobile Wireless Devices for Voice Calls on Aircraft / Transparency of Airline Ancillary Fees and Other Consumer Protection Issues / Exploring Industry Practices on Distribution and Display of Airline Fare, Schedule and Availability Information / Transparency of Airline Ancillary Service Fees

OST-2014-0002 - Use of Mobile Wireless Devices for Voice Calls on Aircraft
OST-2014-0056 - Transparency of Airline Ancillary Fees and Other Consumer Protection Issues
OST-2016-0204 - Exploring Industry Practices on Distribution and Display of Airline Fare, Schedule and Availability Information
OST-2017-0007 - Transparency of Airline Ancillary Service Fees

February 10, 2017

Support of Delta Air Lines for Extension of Effective Dates

Delta Air Lines, Inc. writes to express its support that the Department extend effective dates, implementation dates, and certain response dates on pending regulatory matters and requests for information. This action would be consistent with the January 20, 2017 memorandum to department heads directing a “Regulatory Freeze Pending Review” issued by the White House Chief of Staff Reince Priebus, as noted by Airlines for America in its letter dated January 27, 2017. We understand that the purpose of that memorandum is to ensure that new Department heads or their designees have an opportunity to review and approve any pending regulatory matters.

There are several ongoing rulemaking matters, requests for information, and final rule implementations – including Enhancing Passenger Protections III, Transparency of Airline Ancillary Fees, and Use of Mobile Wireless Devices for Voice Calls on Aircraft – with quickly approaching responsive dates. These are important, complex matters that merit thorough consideration by the Department. When the general regulatory processes is re-started, we look forward to participating in the policy discussions about them.

Counsel: Delta, Christopher Walker, 202-216-0700

Index




Volga-Dnepr Airlines LLC

OST-2017-0025 - Emergency Exemption - Columbus-Everett and/or Seattle

February 13, 2017

Application for an Emergency Exemption

Volga-Dnepr Airlines LLC respectfully requests an emergency exemption from the provisions of 49 USC §§ 40109(g) and 41703(c), and otherwise applicable provisions of the Department of Transportation regulations, so as to permit Volga-Dnepr to operate one one-way cargo charter flight, utilizing Volga-Dnepr’s AN-124-100 aircraft to transport cargo from Columbus, Ohio to Everett and/or Seattle, Washington on or around February 17-20 , 2017 on behalf of GE Aviation. While the Charterer prefers to have the cargo delivered to Everett, due to weather conditions there the flight may be rerouted to Seattle. In case it occurs, the cargo will be offloaded in Seattle and trucked to the final point of destination in Everett. Volga-Dnepr respectfully requests inclusion of both possible points of destination (Everett, WA and Seattle, WA) in the Exemption.

The outsized cargo to be transported by Volga-Dnepr consists of four GEnx-1B aircraft engines, one GE90 aircraft engines. Each GEnx-1B engine on its shipping stand measures approximately L-210" x W-142" x L-149", weighing approx. 20,000 pounds. Each GE90 engine on its shipping stand measures approximately L-286" x W-151" x H-158", weighing approx. 24,000 pounds. As described, the payload is outsized and cannot be accommodated by domestic commercial carrier aircraft.

Counsel: Volga-Dnepr, Jane Hamm, 832-585-8611

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

Index


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