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OST Docket Filings for March 10, 2017


Applications and Renewals:


Answers and Replies:

Air Antilles Express - Clarification (Small Aircraft Restriction)

Air Namibia - Supplement No. 1 (Air Opertor Certificate)

BVI Airways - Opposition of VI Airlink and InterCaribbean Airways to BVI Airways Confidentiality Motion

EAS at Pueblo, CO - Proposals of Aerodynamics, Boutique Air and SkyWest / DOT Request for Community Comments

Notices of Action Taken:

American - Six-Month Extension of Start-Up Date; Dismissing Delta Request for Backup Authority or Reallocation of Frequencies (Los Angeles-Beijing)

Notices and Orders:

Aruba Airlines - Granting Statement of Authorization (Miami-Havana/Santa Clara)

EAS at Meridian and Laurel/Hattiesburg, MS - Approving Alternate Service Pattern

2016 Los Angeles-Beijing Frequency Allocation Proceeding


Filed February 13, 2017 | Issued March 10, 2017

Notice of Action Taken for American Airlines

American requests that the Department extend the start-up date for the Los Angeles-Beijing frequencies allocated to it by Order 2016-12-14, for one year, or within 90 days of American’s obtaining commercially viable slots at Beijing, whichever occurs first.

Approved, in part (six-month extension of American’s startup date for Los Angeles-Beijing services), balance dismissed. In support of its request for a start-up extension, American cites the start-up extensions granted to United while it sought to secure slots for its second daily San Francisco-Shanghai service (Docket OST-2014-0196). We would note, however, that all of the extensions granted to United were for shorter periods than the one-year period requested by American here.

Dismissed Delta’s request for backup authority. The Department continues to find no compelling evidence on the record to suggest that American will not fully deliver on its proposal or that other factors warrant selection of a backup carrier in the circumstances presented.

Denied Delta’s request that American’s Los Angeles-Beijing frequencies be revoked and reallocated to Delta.

By: Susan McDermott


Air Namibia Pty (Ltd)

OST-2017-0028 - Exemption - Namibia-US Codesharing with a US or Foreign Carrier

March 10, 2017

Supplement No. One to Application for Exemption

Air Namibia hereby submits this supplement to its pending application for an exemption in the captioned docket. Attached is Air Namibia’s updated Air Operator Certificate, valid through March 2, 2018, issued by the Namibia Civil Aviation Authority.

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


Arubaanse Lchtvaart Maatschappij N.V. d/b/a Aruba Airlines

Order 2017-3-7

Issued and Served March 10, 2017

Order Granting Statement of Authorization

We have decided to approve the remaining portion of Aruba Airlines’ application, effective March 11-September 30, 2017.

The United States and Aruba have enjoyed a healthy Open Skies aviation relationship for many years. Furthermore, none of the Objecting Parties has asserted, or submitted evidence to indicate, that the Aruban Government has denied seventh-freedom charter requests of US carriers. We find it significant that NACA, having had an opportunity to review the pleadings of all the Objecting Parties, expressly stated, “We do not believe there are any reciprocity issues related to this case.” Against this background, we have determined there is no basis to deny or limit Aruba Airlines’ application based on reciprocity.

In applying our charter policy as regards undue reliance, we do not apply rigid formulas or view the undue reliance factor in isolation. We consider all of the policy elements mentioned above. And among those elements we pay particular attention to the needs of the charterer, as well as the needs and concerns of the members of the traveling public (often US citizens). As we expressly said in the rulemaking, “[t]he Department’s longstanding policy has been to give charterers the maximum flexibility possible to choose the airline services that best meets their needs.” Based upon the detailed representations in this case of the public charter operator Gulfstream, a US company, the record indicates that it has made a considered determination that its needs, and the needs of the U.S.-Cuba traveling public it seeks to serve, are best met by Aruba Airlines. In these circumstances, and considering the totality of the Department’s well-established decisional criteria, we are not persuaded that the public interest calls for denial or limitation of Aruba Airlines’ application.

Saying this however, we make clear that as the precedents cited by the objecting parties show, there could be instances where, notwithstanding the choice of the charterer, we nevertheless, upon weighing all the relevant factors, might strike the balance differently. Aruba Airlines should thus not conclude that our favorable result here will dictate similar favorable outcomes on future seventh-freedom applications, particularly should its operations reflect a substantial decline in third/fourth-freedom operations or increase in seventh-freedom operations.

By: Susan McDermott

Application for Statement of Authorization - February 24


BVI Airways, Inc.

OST-2017-0032 - Exemption and Foreign Air Carrier Permit - British Virgin Islands-US Scheduled Combination

March 10, 2017

Opposition of VI Airlink and InterCaribbean Airways to BVI Airways Confidentiality Motion

With respect to the motion, several misrepresentation has been brought to the attention to the Department, including the issue of citizenship and the amount of money given to BVI Airways by the Government of the BVI, which is money from tax payers.

Based on the $7,000.000 dollars provided by the BVI Government which is tax payer money, Clairmont Holdings d/b/a VI Airlink and lnterCaribbean Airways, Ltd, clearly understand that the public deserved that the Motion for Confidential treatment be denied and all the financial statements and projections be made public so the BVI tax payers have the opportunity to clearly see where their money is expended.

In addition by the copy of the "Framework Agreement" between the BVI Government and United States Citizens shareholder of BVI Airways signed on December 8, 2015, included herein, show marks of date change in the notarized entries give an impression that the document was altered when the dates given for compliance under the contract was never achieved.

We would like to bring all these discrep ancies and strange issues when consider the determination of granting the confidential treatment of the financial statement and projections with Tax payer money.

Counsel: Luis Irizarry, 787-752-7621


Compagnie Aerienne Interregionale Express (CAIRE) d/b/a Air Guyane Express / Air Antilles Express

OST-2013-0200 - Foreign Air Carrier Permit - Guadeloupe, Martinique, St. Martin - San Juan Scheduled Passenger

March 10, 2017


Regarding Air Antilles' February 8, 2017 request to amend its foreign air carrier permit to lift the small aircraft restriction (Docket OST-2013-0200), I am hereby clarifying that a parallel request for comparable exemption authority is likewise requested.

Counsel: Pierre Murphy, 202-776-3980


Essential Air Service at Meridian and Laurel/Hattiesburg, Mississippi

Order 2017-3-8

Issued and Served March 10, 2017

Order Approving Alternate Service Pattern

By this Order, the United States Department of Transportation is approving the request of SkyWest Airlines, Inc., the holding company for ExpressJet Airlines and SkyWest Airlines, to change its Essential Air Service pattern at Meridian and Hattiesburg/Laurel, Mississippi, effective June 2, 2017. First, SkyWest will take over the service currently provided by ExpressJet, continuing to use 50-passenger Canadair Regional Jet CRJ200 aircraft. Second, SkyWest will serve Meridian and Hattiesburg from Dallas/Fort Worth International Airport and Chicago O’Hare International Airport. At Meridian, SkyWest will operate six nonstop round trips per week to Dallas and six nonstop round trips per week to Chicago (12 round trips total). At Hattiesburg, SkyWest will provide six one-stop round trips per week to Dallas and six one-stop round trips via Chicago (12 round trips total), both via Meridian. The annual subsidy for both communities remains unchanged.

By: Susan McDermott - Meridian Regional Airport


Essential Air Service at Pueblo, Colorado


March 9, 2017

Proposal of Boutique Air

Option 1:

18 weekly roundtrip Pueblo-Denver
Aircraft: Pilatus PC-12 and Beechcraft King Air 350
Subsidy requirement: $1,872,485

Option 2:

24 weekly roundtrip Pueblo-Denver
Aircraft: Pilatus PC-12 and Beechcraft King Air 350
Subsidy requirement: $2,038,917

By: Shawn Simpson

March 9, 2017

Proposal of SkyWest Airlines

17 weekly roundtrip Pueblo-Denver
Aircraft: CRJ200
Subsidy requirement: $2,548,067

By: Greg Atkin

March 10, 2017

Proposal of Aerodynamics

24 weekly roundtrip Pueblo-Denver
Aircraft: ERJ145
Subsidy requirement: $2,454,054

By: Mickey Bowman, 678-872-2737

March 10, 2017

DOT Request for Community Comments

The Department issued Order 2017-2-1, on February 6, 2017, requesting proposals from air carriers interested in providing EAS at your community for a new term beginning December 1, 2017. In response to the Department’s request, Aerodynamics, Inc., Boutique Air, Inc., Great Lakes Aviation, Ltd. and SkyWest Airlines submitted proposals for consideration. request that you review the proposals and submit any comments you may have as soon as possible, but no later than April 19, 2017.

By: Scott Faulk, 202-366-9967 - Pueblo Airport


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