Issued February 22, 2000
Notice of Action Taken© Copyright 2000 Airline Information Research, Inc. All rights reserved.
Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day
OST Docket Filings for February 22, 2000 |
Last Updated 02/24/00 09:15 AM
Applications and Renewals:
Continental - Houston- Los Cabo | Flight International/Flight Alaska/Yute - Transfer of Certificate | HeavyLift - California- Denver | IATA
Mexicana/Aeromexico - U.S.- Mexico | Midway - Raleigh/Durham- LaGuardia | Servicios Aereos - U.S.- Mexico | US Airways - Charlotte/Philadelphia- Cancun
Answers and Replies:
American - Answer of Massachusetts Port Authority | American/British - Answer of Continental/Delta/Houston/Manchester/Maryland
Continental/OAEP - Joint Motion | IATA (4)- Technical Correction | Spirit - Motion of Queens | Virgin Atlantic - Answer of US Airways
Notices of Action Taken:
Notices and Orders:
IATA | Midwest - Petition on Reconsideration | Pacific Wings - Final Rate
| OST-96-1625 | Filed January 21, 2000 Issued February 22, 2000 |
Notice of Action Taken |
U.S.- Mexico |
By: Paul Gretch
| OST-96-1204 | February 22, 2000 | Answer
of Massachusetts Port Authority |
Boston- Paris |
| Service List |
As DOT is aware, the route between Boston and Paris for which American was granted an exemption was the subject of a number of diplomatic discussions between the U.S. Embassy in Paris and the French Government. At the same time, there were also strenuous efforts by DOT officials to get approval from of French government aviation officials to allow a U.S. airline to provide this much needed service. The U.S. agreement with France is restrictive as to the capacity the U.S. and French airlines can offer in the market-place. While the Agreement is meant to be a transition to a fully open skies agreement between the two governments, it is not yet clear that the desired open skies agreement will, in fact, become a reality. Further talks with France will be necessary. In the meantime, needed services such as those offered on Boston-Paris route must continue. The American Airlines Application is intended to do just that.
Counsel: MASSPORT, Wesley Harper, 617.478.4152
American Airlines, Inc. and British Airways, PLC
| OST-99-6507 | February 22, 2000 | Answer of Continental Airlines
|
U.S.- U.K. |
| Service List | |||
| OST-99-6507 | February 22, 2000 | Motion for Confidential Treatment of Continental Airlines |
U.S.-U.K. |
| Service List |
Continental urges the Department to deny the British Airways/American application immediately. No codesharing between British Airways and American should be considered unless and until U.S. carriers such as Continental are permitted to operate flights between Heathrow and their primary U.S. international gateways to provide significant new competition for British Airways and American, the dominant carriers on U.S. -London Heathrow routes.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2500
| OST-99-6507 | February 22, 2000 | Answer of Delta Air Lines
|
U.S.- U.K. |
| Service List | |||
| OST-99-6507 | February 22, 2000 | Motion for Confidential Treatment of Delta Air Lines |
U.S.- U.K |
| Service List |
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-99-6507 | February 22, 2000 | Answer of the City of Houston and the Greater Houston
Partnership |
U.S.- U.K. |
| Service List |
Continental's Houston hub is situated less than 250 miles from American's hub at Dallas/Ft. Worth. The two hubs' respective behind-gateway geographical catchment areas, which include much of the historically underserved south and southwest regions of the United States, overlap significantly. Houston unquestionably is the only major U.S. carrier hub that can provide a viable competitive alternative to American's DFW hub for Texas-U.K. traffic as well as for the many U.S. passengers and communities in the broad, underserved catchment area behind the Houston and DFW gateways. If, however, the Department were to permit American to establish code-share services with British Airways at DFW, the already severe competitive imbalance between Heathrow incumbents, such as American and British Airways, on the one hand, and carriers that continue to be excluded from Heathrow, such as Continental, on the other, would be further exacerbated. In light of the above, the best way to promote competition is by enabling Continental to establish nonstop Houston-Heathrow service. However, until Bermuda 2 is sufficiently reformed (and a requisite number of commercially viable Heathrow slots are made available) to permit nonstop Houston-Heathrow service, the Department should not consider authorizing American and British Airways to implement code-share services at Dallas/Ft. Worth
Counsel: Zuckert Scoutt, Rachel Trinder, 202.298.8660
| OST-99-6507 | February 22, 2000 | Answer of Manchester Airport PLC |
U.S.- U.K. |
Manchester Airport PLC repeatedly has urged that disputes between the United States and United Kingdom over access to Heathrow not be permitted to delay or block approval of bilaterally-authorized services between the United States and U.K. regional airports. Consistent with this view, Manchester Airport requests that the Department approve all aspects of the joint Application that are authorized under the U.S.-U.K. air service agreement, and particularly those services which involve operations between, behind and beyond the United States and U.K. regional airports.
The position of Manchester Airport here is consistent with the position that the Airport took with regard to the recent request of United Airlines and British Midland to code-share with each other on U.S.-Manchester routes. In its Answer to United/British Midland Joint Application, the Airport urged that "disputes between the U.S. and U.K. Governments over access to Heathrow not be permitted to block the introduction of services between the United States and U.K. regional airports such as Manchester." Such services are authorized under the 1995 agreement between the United States and United Kingdom which created an "Open Skies" regime between the United States and U.K. regional airports. Manchester Airport's comments in response to the United/British Midland application are fully applicable here.
Counsel: GKMG Consulting, Anita Mosner
| OST-99-6507 | February 22, 2000 | Answer of State of Maryland in Support of Joint
Application |
U.S.- U.K. |
The proposed BA-AA codeshare service between BWI and London would have significant benefits for Government employees who are currently precluded from flying nonstop from BWI For BA-operated flights using AA's designator code between BWI and London, the BA-AA code-share agreement would provide "Fly America" access for U.S. Government-financed travel generally and U.S. Government employees in particular, who are better served by using BWI's London service. Federal employees are now being required to travel to inconvenient gateways, or to take connecting service in lieu of nonstop service, because BA's BWI-London flights are ineligible to carry US Government-financed travel. For Federal employees whose agencies are located close to BWI and for those Federal employees whose residence is nearer to BWI than to Dulles, BWI would offer a more convenient gateway. Federal government travel is a critical component of BWI's total air traffic.
Counsel: Maryland and Preston Gates, Jonathan Blank, 202-662-8450
Compania Mexicana de Aviacion, S.A. de C.V. and Aerovias de Mexico, S.A. de C.V.
| OST-00-6971 | February 22, 2000 | Joint Application for Renewal of Statement of Authorization
98-050 |
U.S.- Mexico Codesharing |
Mexicana requests renewal of its authority to place Aeromexico's two-letter designator code on Mexicana's flights in the Miami-Cancun. Miami-Cozumel and Miami-Merida markets. Aeromexico requests renewal of its authority to display Mexicana's two-letter designator code on Aeromexico's flights in the Miami-Cancun. Miami-Mexico City and Miami-Merida markets.
Counsel: Squire Sanders, Charles Donley for Mexicana / Verner Liipfert, William Evans for Aeromexico
| OST-96-1300 OST-96-1368 |
February 22, 2000 | Application for Renewal of Exemption |
Houston- San Jose del Cabo |
| Service List |
Continental currently operates daily roundtrip Houston-San Jose del Cabo flights utilizing B-737 aircraft and its subsidiary, Continental Express, operates daily Houston-Mazatlan service using EMB-RJ145 aircraft. Allowing Continental the flexibility to offer either large-jet or regional-jet Houston-Mazatlan service based on seasonal demand will ensure that travelers and shippers are provided with the most appropriate service between Houston and Mazatlan.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2500
Continental Airlines, Inc. and Office of Aviation Enforcement and Proceeding
| OST-97-3287 OST-98-3623 OST-98-4504 OST-99-6111 |
February 18, 2000 | Joint Motion |
Alleged Unlawful Discrimination Against Qualified Individual with Disabilities |
By: O.A.E.P., Rosalind Knapp
The Flight International Group, Inc., Flight Alaska, Inc. and Yute Air Alaska, Inc.
| OST-00-6962 | February 22, 2000 |  Application
for Transfer of Certificate
|
Transfer of Yutes' Certificate of Public Convenience and Necessity to Flight Alaska |
| Management Agreement | |||
| List of Exhibits | |||
| Exhibit 1: Certificate of Authority | |||
| Exhibit 2: Affidavit of Citizenship | |||
| Exhibit 3: Key Personnel | |||
| Exhibit 4: Ownership | |||
| Exhibit 5: Subsidiaries | |||
| Exhibit 6: Interest in Other Carriers | |||
| Exhibit 7: Prior Businesses | |||
| Exhibit 7: Continued | |||
| Exhibit 7: Continued | |||
| Exhibit 8: Past Financial Statements (Not Applicable) | |||
| Exhibits 9-10: List and Number of Outstanding Judgments (None) | |||
| Exhibit 11: Aircraft | |||
| Exhibits 12-14: Investigations, Charges, Accidents (None) | |||
| Exhibit 15: History | |||
| Exhibit 16: Authority | |||
| Exhibit 17: Description of Service | |||
| Exhibit 18: To be Supplied | |||
| Exhibit 19: Certification | |||
| Exhibit 20: Certificate of Insurance | |||
| Service List |
Yute's certificate authorizes the carrier to engage in scheduled air transportation of persons, property and mail (See, Order 91-1-24, January 14, 1991). While Flight International, operating as Yute under authority of the operating trustee, has temporarily suspended Yute's scheduled passenger service using single-engine aircraft while it stabilizes Yute's operation, Flight Alaska d/b/a Yute Air Alaska, as successor to Yute after the certificate transfer, will continue to offer on-demand passenger service and will re-institute scheduled passenger service at a later date. Thus, the applicants request the transfer of Yute's certificate authorizing the carrier to engage in interstate and overseas air transportation of persons, property and mail to Flight Alaska d/b/a Yute Air Alaska.
For reasons discussed below, the applicants request expedited action under subpart Q of the Department's procedural regulations (14 CFR section 302.1701 et. seq.) to provide for final Department action within 30 days.
Counsel: Flight Alaska, Stephen Lachter, 202.862.4321 and Yute, Erik LeRoy, 907.277.2006
| OST-00-6968 | February 22, 2000 | Application
for Emergency Exemption |
North Island Naval Station, California- Denver International Airport |
| Re: Lockheed Martin Requesting Charter | |||
| Service List |
This application is filed because the charterer, Lockheed Martin Astronautics of Littleton, Colorado (Lockheed Martin), urgently requires the air delivery from North Island Naval Air Station, California to Denver, Colorado of an oversized Atlas/Centaur launch vehicle, and related support equipment, for arrival at Denver on February 25, 2000.
Counsel: Miller Hamilton, Lester Bridgeman, 334.432.1414
| OST-00-6970 | February 22, 2000 | Application
for Exemption
|
Raleigh/Durham- LaGuardia |
| Exhibit 1: LGA- RDU Average Fare Timeline | |||
| Exhibit 2: LaGuardia Fares by Carrier 2Q1999 | |||
| Exhibit 3: Midway Airlines Average Fares | |||
| Exhibit 4: LaGuardia Fares by Carrier 2Q1999 | |||
| Exhibit 5: Midway Average Fare versus Industry Fare | |||
| Exhibit 6: Average Fares RDU vs. CLT | |||
| Exhibit 7: Average Discount RDU vs CLT | |||
| Exhibit 8: RDU- LGA Passengers | |||
| Service List |
Counsel: Midway, Stephen Lachter, 202.862.4321
Midwest Express Corporation, Inc.
| Order 00-2-26 OST-99-6240 |
Issued February 22, 2000 Served February 22, 2000 |
Order on Petition for Reconsideration
|
Milwaukee- Washington National |
| Service List |
We have decided to grant ACAA's petition for reconsideration, but upon reconsideration to affirm our actions in Order 99-11-4.
As a threshold matter, we will address ACAA's contention that the Department should take action to promote new entry at Reagan National. As ACAA of course recognizes, takeoff and landing rights there, as well as at O'Hare, John F. Kennedy, and LaGuardia Airports. are restricted by the high density "slot" rule. Congress subsequently authorized the Department to grant new entrants and certain others exemptions from the slot rule under varying circumstances, 49 U.S.C. 41714. However, the exemption authority established at the other three airports that would allow the cap on IFR operations to be exceeded does not extend to Reagan National. Subsections (a), (b) and (c) of section 41714 specifically state that the Secretary may grant such exemptions "at high density airports (other than Washington National Airport)" (emphasis supplied). Thus, if we read ACAA's argument to be that the Department should use exemption authority to enable new entrants to exceed current operational limits in serving Reagan National, we must respond that it asks us to take an action that we are prohibited from taking under current law.
By: Bradley Mims
| Order 00-2-24 OST-00-6773 |
Issued February 18, 2000 Served February 24, 2000 |
Order Selecting Carrier and Setting Final Rate |
30-Days Notice to Terminate Essential Air Service at Kalaupapa, Molokai, Hawaii |
| Appendix A: Map | |||
| Appendix B: Annual Subsidy Need | |||
| Appendix C: EAS |
Order 200-2-24 designates Kalaupapa, Hawaii, as a community eligible to receive subsidized small community air service under 49 U.S.C 41736(a), and selects Air Nevada, Inc., d/b/a Pacific Wings, to provide subsidized air service at the community for a two-year period.
By: Bradley Mims
Servicios Aereos del Centro, S.A. de C.V.
| OST-96-1673 | February 22, 2000 | Application
for Renewal of Exemption |
U.S.- Mexico |
| Exhibit A: Changes in Operations | |||
| Exhibit B: Fleet of Aircraft | |||
| Service List |
Counsel: Roller & Bauer, Lee Bauer, 202-331-3300, airlaw@rollerbauer.com
| OST-99-6547 OST-97-2870 OST-97-2932 |
February 22, 2000 | Motion of The Office of the Queens Borough President, City of New York for Leave to File Unauthorized Document and Supplemental Response |
Ft. Lauderdale/Ft. Myers/ Orlando/Tampa/ West Palm Beach/Detroit- New York |
The Office of the President of the Borough of Queens in New York City hereby requests permission to file this unauthorized document in order to supplement its original answer to Spirit Airlines' application for slot exemptions at LaGuardia Airport. We seek to file this document in light of recent factual developments which, we believe, should be considered in connection with Spirit's application.
While Spirit is factually accurate in its observation that it is within its legal rights to fly the MD-80 aircraft in the routes for which it is seeking exemptions, we believe that it is within the discretion of the decision-makers at the United States Department of Transportation (DOT) to take notice of the particular aircraft model which those seeking exemptions seek to use.
In this case, given the recent problems experienced by Alaska Airlines with its MD-80 aircraft and the federal government's recent decision to inspect all MD-80 and similar aircraft, we respectfully request that the DOT give added weight to Spirit's proposed use of the MD-80 aircraft. The Borough President's Office is of course concerned about the safety of air travel for all those traveling, as well as for all those living near and around airports and under flight paths.
For all the reasons stated in the Borough President's December 8, 1999 response and in all subsequent submissions to the DOT, it is respectfully submitted that Spirit's application be denied in its entirety.
Counsel: Queens Borough President, Hugh Weinberg
| OST-97-2128 | February 22, 2000 | Application for Renewal of Exemption |
Charlotte/Philadelphia- Cancun, Mexico |
| Service List |
Counsel: O'Melveny Myers, Joel Stephen Burton, 202.383.5300
Virgin Atlantic Airways Limited
| OST-00-6952 | February 22, 2000 | Answer
of US Airways
|
London's Heathrow Airport-Chicago's O'Hare International Airport |
| Service List |
The Department of Transportation faces a crucial public test. Despite the personal intervention of the President, the will of the bipartisan Congressional leadership, and the vigorous efforts of the Secretary of Transportation, the U.K. Government still refuses to allow restoration of nonstop Pittsburgh-London service. In these circumstances, it is US Airways' considered judgment that the Department cannot and should not create wholly new exemption slots for Virgin Atlantic Airways Limited to support its initiation of summer service between Chicago and London -unless and until the U.K. permits the resumption of the air service between Pittsburgh and London that was recently abandoned by British Airways.
Counsel: O'Melveny Myers, Joel Stephen Burton, 202.383.5300
International Air Transport Association
| OST-99-5388 | February 22, 2000 | Application
for Approval of Agreements- Technical Correction |
PTC2 EUR-AFR Fares 0060 |
| Memorandum: PTC2 EUR-AFR Fares 0060 | |||
| Service List |
By: David O'Connor
| OST-99-6511 | February 22, 2000 | Application
for Approval of Agreements- Technical Correction |
PTC23 ME-TC3 0087 |
| Memorandum: PTC23 ME-TC3 0087 | |||
| Service List |
By: David O'Connor
| OST-00-6743 | February 22, 2000 | Application
for Approval of Agreements- Technical Correction |
PTC31 N&C/CIRC Fares 0051 |
| Memorandum: PTC31 N&C/CIRC Fares 0051 | |||
| Service List |
By: David O'Connor
| OST-00-6755 | February 22, 2000 | Application
for Approval of Agreements- Technical Correction |
PTC2 EUR Fares 0041 |
| Memorandum: PTC2 EUR Fares 0041 | |||
| Service List |
By: David O'Connor
| OST-00-6969 | February 22, 2000 | Application
for Approval of Agreements |
PTC2 EUR-AFR 0098 |
| Memorandum: PTC2 EUR-AFR 0098 | |||
| Service List |
By: David O'Connor
| OST-00-6929 | Filed February 11, 2000 | Approved February 15, 2000 | Approval
of Agreements |
Home | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day
© Copyright 2000 Airline Information Research, Inc. All rights reserved.
