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OST Docket Filings for January 19, 2005

Updated: 1/21/05 | 8:00 AM

Applications and Renewals:

Casino Airlines d/b/a City Airlines - Additional Information

Answers and Replies:

Aerolineas Argentinas - Fifty-Second Escrow Deposit Report and Documentation

American/Lan Peru/Lan Airlines - Confidentiality Affidavits of Northwest Airlines

Aviation Ventures d/b/a Vision Air - Answer of Scenic Airlines to Supplement No. 2 to Amended Application

Boston-Maine - Surreply of Boston-Maine to ALPA

Nondiscrimination on Basis of Disability in Air Travel - Comments of an Anonymous Submitter, Boulder Parks and Recreation, and Colorado Therapeutic Recreation Society

Regions Air - Counterpart to Warsaw Agreement

Notices of Action Taken:

DaimlerChrysler - Germany-US and Beyond Renewal

Gulf Air - Mail Codeshare with United Air Lines

IATA - Notice of Approval of Agreements / Approval of Agreements

Notices and Orders:

Charter Rules for Foreign Direct Air Carriers - Notice of Proposed Rulemaking

EAS at Arkansas, Oklahoma, and Texas Communities - Order Selecting Carriers, Establishing Subsidy Rates, Terminating Subsidy Eligibility, and Allowing the Suspension of Service

EAS at Elko, NV - Allowing Suspension of Service (SkyWest)

Small Community Air Service Development Program - Order Soliciting Community Grant Proposals




Aerolineas Argentinas, S.A.

OST-03-15092 - Under Section 41310(c) of the International Air Transportation Fair Competitive Practices Act

January 19, 2005

Re: Fifty-Second Escrow Deposit Report and Documentation

Attached is the FIFTY-SECOND Escrow Deposit REPORT and DOCUMENTATION for the week ended January 16, 2005. Aerolineas made a deposit into the escrow of U.S. $38,946.38, for a total escrow amount of U.S. $1,541,675.51.

Counsel: Rosen Weinhaus, John Romans, 212-530-4827, jromans@lrjwlaw.com

http://www.aerolineas.com.ar/

Index


American Airlines, Inc., Lan Peru, S.A. and Lan Airlines, S.A.

OST-04-19964 - Approval of and Antitrust Immunity for Agreements

January 19, 2004

Re: Confidentiality Affidavits of Andrea Newman, Peter Kenney, Jr., Megan Rae Rosia, James Denvir III, Ronald Brower

Counsel: Northwest, Ronald Brower, 202-842-4184, ron.brower@nwa.com

Index


Aviation Ventures d/b/a Vision Air, Inc.

OST-04-19518 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger

January 18, 2005

Answer of Scenic Airlines to Supplement No. 2 to Amended Application

Scenic urges the Department to proceed very cautiously and deliberately in its review of Vision's application and supporting documents. Vision's previous certificate application, filed in 1999 and withdrawn in 2003, left significant fitness issues unresolved. Vision's current application, particularly the attachments to Supplement No. 2 to the Amended Application, presents fitness issues every bit as troublesome as those involved in the previous application. As before, to vindicate the public interest, the Department should apply the highest degree of scrutiny in its analysis of Vision's application and its assessment of the carrier's fitness.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974, agoerlich@ggh-airlaw.com

OST-99-5949 - Aviation Ventures d/b/a Vision Air Initial Application
Order 2002-7-30 - Consent Order
Order 2003-5-1 - Consent Order
OST-97-2833 - EAS at Kamuela, HI
OST-99-6502 - EAS at Hana, HI
OST-00-6773 - EAS at Kalaupapa, HI

Index


Boston-Maine Airways Corp.

OST-00-7668 - Certificate of Public Convenience and Necessity - Interstate Scheduled Service Operations

January 18, 2005

Surreply of Boston-Maine Airways and Motion for Leave to File an Otherwise Unauthorized Document

The unifying thread in all of ALPA's numerous, and increasingly strident, pleadings in opposition to BMAC's application for authority to operate large aircraft in the captioned proceeding is ALPA's desire that BMAC not be permitted to operate B-727-200 aircraft in its interstate and foreign scheduled and charter service operations.

The fatal infirmity in ALPA's Motion To Revoke and in its subsequent Reply in support of that Motion is ALPA' s failure to demonstrate even a single instance of a violation of the law by BMAC, or by the owners and senior officers of BMAC acting pursuant to their control over, and responsibility for, BMAC's duty to comply with the requirements of the law in the conduct of its air carrier operations.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202-973-7919, npbreed@zsrlaw.com

http://www.bmairways.com/

Index


Casino Airlines, Inc. d/b/a City Airlines

OST-04-19109 - Scheduled Passenger Operations as a Commuter Air Carrier

November 10, 2004

Re: Additional Information

Since ceasing commuter air carrier operations, Casino Airlines business activity has been limited to resuming operations. Casino Airlines was unable to restart immediately due to the bankruptcy proceedings of Pacific Skyways filed April 30, 2001 and the events of September 11, 2001. Casino Airlines set up twice in California to resume service. After the Van Nuys FSDO in California refused Casino Airlines service we returned to the Dallas-Fort Worth area and have been working with the DFW FSDO.

By: Casino, Lewis McPherson, 214-654-9770, dot@casinoairlines.net

Index


Charter Rules for Foreign Direct Air Carriers

OST-02-11741 - Petition for Rulemaking - Amendment of Parts 200 and 212 - Definitions for Seven Freedoms of Air

January 10, 2005

Notice of Proposed Rulemaking

Final NPRM as Published in Federal Register January 21, 2005 | HTML

The Department seeks comment on a proposal to revise its rules on charter operations. This proposal arises from a petition filed by the National Air Carrier Association. NACA seeks to make changes to the definitions and standards the Department uses to determine whether to grant or deny foreign air carrier requests to conduct certain types of international charter flights in 14 CFR Part 212.

The Department grants NACA's petition, and proposes to make some, but not all of the changes sought by NACA. The Department proposes to make revisions to definitions in Part 212 relating to charter types, and to modify the Department's current charter application form so as to require updated reciprocity information as well as numbers of U.S.-homeland services vs. U.S.-non-homeland services. The Department does not anticipate adopting NACA's requests to impose a reciprocity standard that ensures substantially equivalent opportunities for U.S. carriers in the homeland of the applicant, or to accord U.S. carriers a right of "first refusal" over foreign carrier requests to conduct certain U.S.-originating charter operations.

Specifically, the Department proposes to clarify the definition of "fifth freedom charter" by adding definitions of "sixth- and seventh-freedom charters" in § 212.2. The Department also proposes modifications to OST Form 4540 (Foreign Air Carrier Application for Statement of Authorization). Specifically, the Department proposes to require an updated reciprocity statement by foreign carriers for a statement of authorization under Part 212 to allow us to ensure that our reciprocity standards have been satisfied and are properly supported. The Department also proposes to require that foreign carrier applicants for a statement of authorization under Part 212 include historical data relative to the applicant's U.S.-home country operations to allow the Department to readily evaluate levels of third- and fourth-freedom versus fifth-, sixth-, and seventh-freedom operations. This data will allow the Department to satisfy any concerns we might have as to the applicant's reliance on fifth-, sixth-, and seventh-freedom operations. These proposed modifications will ensure that the Department has the most current information on the state of reciprocity for each foreign carrier applicant for fifth-, sixth-, or seventh-freedom charter authority filed under Part 212.

By: Karan Bhatia

Index


DaimlerChrysler Aviation GmbH

OST-01-9557 - Germany- U.S. and Beyond Charter Passenger

Filed September 23, 2004 | Issued January 19, 2005

Notice of Action Taken

Exemption from 49 USC section 41301 to permit the applicant to continue to conduct: 1) charter operations, carrying persons, property and mail, between any point or points in Germany and any point or points in the United States; and between any point or points in the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without change of aircraft, that includes service to Germany for the purpose of carrying local traffic between Germany and the United States; and 2) other charter operations pursuant to 14 CFR Part 212.

By: Paul Gretch

Index


Essential Air Service at El Dorado/Camden, Jonesboro, Harrison, Hot Springs, Arkansas / Enid and Ponca City, Oklahoma / Brownwood, Texas

Order 2005-01-14
OST-97-2935 - Essential Air Service at Harrison, Hot Springs, El Dorado/Camden, Jonesboro, Arkansas
OST-97-2401 - EAS at Enid and Ponca City, Oklahoma
OST-97-2402 - Essential Air Service at Brownwood, Texas

Issued January 19, 2005 | Served January 25, 2005

Order Selecting Carriers, Establishing Subsidy Rates, Terminating Subsidy Eligibility, and Allowing the Suspension of Service

By this order, the Department is (a) selecting Air Midwest, Inc., to provide essential air service at El Dorado/Camden, Jonesboro, Harrison and Hot Springs, Arkansas, at a subsidy rate of $4,155,550 annually for a two-year rate term, (b) selecting Great Lakes Aviation, Ltd., to provide essential air service at Enid and Ponca City, Oklahoma, at a subsidy rate of $1,272,557 annually for a two-year rate term, and (c) terminating the subsidy eligibility of Brownwood, Texas, and allowing Air Midwest to discontinue its service there, if it chooses to do so.

By: Karan Bhatia

Index


Essential Air Service at Elko, Nevada

Order 2005-01-13
OST-2004-19821

Issued January 14, 2005 | Served January 18, 2005

Order Allowing Suspension of Service

After careful consideration, we have decided to allow SkyWest to suspend service in the  Elko-Reno market after March 1, 2005. Elko will continue to receive substantial service to Salt Lake City, a large hub airport. SkyWest operates five daily nonstop round trips to Salt Lake City providing 150 seats outbound and inbound. We conclude that Elko's remaining service fully meets the core purpose of the essential air service program to provide the community a continuing link to the national air transportation system.  In addition, as a Delta Connection code-share partner, SkyWest is able to offer Elko travelers on-line connecting service throughout Delta's system at its extensive hub complex at Salt Lake City.

By: Karan Bhatia

Index


Gulf Air Company

OST-04-17205 - Statement of Authorization - Mail Codeshare with United Air Lines

Filed February 25, 2004 | Date of Action January 19, 2005

Department Action on Application | Word

By: Paul Gretch

http://www.gulfairco.com/

Index


International Air Transport Association


OST-01-10757

Approved December 14, 2004

Approval of Agreements - Technical Correction

By: John Kaiser


OST-04-19513

Filed October 27, 2004 | Approved January 10, 2005

Notice of Approval of Agreements - Technical Correction

By: Paul Gretch


OST-04-19688

Approved December 16, 2004

Approval of Agreements

By: John Kaiser


OST-04-19888

January 7, 2005

Approval of Agreements

By: John Kaiser

Index


Nondiscrimination on Basis of Disability in Air Travel

OST-04-19482 - Notice of Proposed Rulemaking


January 16, 2005

Re: Comments of an Anonymous Submitter

By: ???


January 18, 2005

Re: Comments of Boulder Parks and Recreation

By: Cory Lasher-Miller


January 18, 2005

Re: Comments of Colorado Therapeutic Recreation Society | Word

By: Julie Buderus

Index


Regions Air, Inc.

OST-95-236 - Warsaw Agreement

January 18, 2005

Re: Counterpart to Warsaw Agreement

By: Douglas Caldwell

http://www.regionsair.com/

Index


Small Community Air Service Development Program

Order 05-01-12
OST-05-20127 - Small Community Air Service Development Program

Issued and Served January 19, 2005

Order Soliciting Community Grant Proposals | Word

By this order, the Department invites proposals from communities and/or consortia of communities interested in obtaining a federal grant under the Small Community Air Service Development Program to address air service and airfare problems in their communities. Proposals should be submitted in the above-referenced docket no later than April 22, 2005.

The statute does not require communities to contribute toward a grant project, although those that do contribute from local sources other than airport revenues are accorded priority consideration. One core objective of the Small Community Program is to promote community involvement in addressing air service/air fare issues through public/private partnerships. As a financial stakeholder in the process, the community gains greater control over the type, quality, and success of the air service initiatives that will best meet its needs, and demonstrates a greater commitment towards achieving the stated goals. The Department has historically received many more applications than can be accommodated and nearly all of those applications have proposed a community financial contribution to the project. Thus, proposals that do not propose a community financial contribution will be at a competitive disadvantage. While some communities may have greater financial resources than others, there should be a direct relationship between the amount of federal support that a community seeks and the amount that it is prepared to contribute toward the proposed initiative. As a general rule, the greater the federal grant amount requested, the greater the community’s contribution should be.

By: Karan Bhatia

Small Community Air Service (2002)
Small Community Air Service (2003)
Small Community Air Service (2004)

Index



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