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OST Docket Filings for March 13, 2017


Applications and Renewals:


Answers and Replies:

Air Canada - Polling Results (Canada-US Codesharing with Virgin Australia)

Delta and AeroMexico ATI - Comments of Interjet, JetBlue, Southwest and vivaAerobus

Notices of Action Taken:


Notices and Orders:

Vision Airlines - Dismissing Notice to Resume Operations and Revoking Certificate Authority for Dormancy

Air Canada

OST-2017-0035 - Statement of Authorization - Canada-US Codesharing with Virgin Australia

March 13, 2017

Re: Polling Results

By application filed on March 8, 2017 Air Canada requested a Statement of Authorization to engage in certain codesharing operations with Virgin Australia Airlines International Pty. Ltd.

Air Canada has polled all interested parties, and no party has objected to the application. For this reason, Air Canada respectfully requests that the Department promptly grant the requested amendment.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604


Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.

OST-2015-0070 - Antitrust Immunity for Alliance Agreements

March 10, 2017

Comments of vivaAerobus

In its original application Viva requested two JFK slot-pairs to match with 2 MEX slot-pairs for double daily MEX-JFK service. Viva has revised its Phase 2 JFK slot-pair requests to comply with the Department’s order that it not include slots during the 15:00-20:59 hours.

In Viva’s Application, its first priority was service from MEX to LAX. Viva now requests the Department allow it to drop one its Phase 2 MEX-JFK services and utilize the MEX slot pair for service to LAX. Because of the blocked slot times at JFK, Viva has been forced to use a commercially difficult schedule for one of the flights, which departs MEX at close to 11:00 pm and arrives at JFK at 5:00 am. Given these limitation, Viva believes enabling it to enter the MEX-LAX market would provide substantially more consumer benefits. Despite the claims of Volaris, Viva has taken into account the higher US operating costs in proposing the average MEX-LAX fare of $78, which is much lower than its closest competitor. Moreover, its investments in its fleet and technological capabilities will ensure that Viva will sustain this service. Finally, as explained in Viva’s earlier submissions, Viva’s service from LAX will enable passengers to utilize the numerous bus lines to travel to dozens of smaller villages unreachable by aircraft.

Counsel: Kirstein & Young, David Kirstein, 202-331-3348

March 13, 2017

Comments of Interjet

Interjet acknowledges and accepts the Department’s approval of Interjet’s request for a Phase One slot-pair at JFK to accommodate daily Interjet urges the Department to finalize the Departments’ tentative decision to award to Interjet one slot-pair at John F. Kennedy International Airport in Phase One of this proceeding in order to accommodate an arrival from, and departure to, Mexico City International Airport at 16:25 and 17:40, respectively.

Interjet urges the Department to revisit the Department’s decision to exclude Interjet from the slot allocation proceeding at MEX. The Department has failed to provide any basis that would support its decision to exclude Interjet from competing for MEX slots.

Interjet is prepared to submit a request promptly for the divested MEX slot-pairs that Interjet would utilize for transborder service. The Department should then issue a revised Order to Show Cause that adjusts the MEX allocation after fair consideration of the additional competition to be provided by the introduction of additional service by Interjet.-MEX service with a 16:25 arrival and a 17:40 departure. Interjet, however, renews its objections to the Department’s decision to exclude Interjet from the MEX remedy and urges the Department to reconsider its SCO accordingly.

Counsel: Roller & Bauer, Moffett Roller, 202-331-3300

March 13, 2017

Comments of JetBlue Airways

JetBlue again commends the Department for creating a viable slot remedy at Mexico City International Airport, and is confident that the remedy proposed in the March 2, 2017, Order to Show Cause will achieve the Department’s goals and balance the anti-competitive effects that would otherwise result from an antitrust immunity grant. The Department’s diligent efforts to address the competitive access issues at MEX will surely result in increased competition in the United States-Mexico transborder market and directly benefit consumers and the traveling public in both countries. JetBlue is eager to enhance its existing service at MEX with flights at commercially viable times so that it can better deliver its award-winning service and market-stimulating low airfares to consumers. As such, JetBlue welcomes the Department’s tentative award of six MEX slot pairs and urges the Department to promptly issue a final order so that JetBlue can complete the slot transfer process and begin implementing commercial plans to utilize the remedy slots as soon as possible.

Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6600

March 13, 2017

Answer of Southwest Airlines

Southwest supports the Department’s proposed MEX slot pair allocation and urges that the Order be finalized as soon as possible so that the recipient carriers can initiate service and thereby provide competition with the Delta/AeroMexico joint venture.

Southwest also supports the important conditions the Department places on the divested MEX slots and their transfer to recipient carriers contained in Section IX of the Order. Southwest appreciates the Department’s detailed conditions and continued oversight, which will help ensure the divested slots can be used for their intended purpose.

Counsel: Southwest, Robert Kneisley, 202-263-6284


Vision Airlines, Inc.

Order 2017-2-5
- Amendment to Certificate of Public Convenience and Necessity
OST-2009-0120 - Certificate Amendment - Interstate Scheduled

Issued and Served March 13, 2017

Order Dismissing Notice to Resume Operations and Revoking Certificate Authority for Dormancy

We revoke the certificate of public convenience and necessity issued to Vision Airlines, Inc. by Order 2009-8-18, issued August 25, 2009, authorizing it to engage in interstate air transportation of persons, property and mail.

We dismiss, without prejudice, the Notice to Resume Operations filed by Vision Airlines, Inc. in Docket OST-2008-0286.

By: Todd Homan


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