Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar


OST Docket Filings for November 2, 2005

Updated: 11/3/05 | 10:40 AM

Applications and Renewals:

Gazpromavia Aviation - Russia-US All-Cargo Charter Permit and Exemption / Motion for Confidential Treatment

Qantas - Australia-Denver Codeshare with American Renewal

Answers and Replies:

Air Sahara - Polling Results - US-India Codeshare with American Airlines

America West d/b/a US Airways and Mesa Airlines - Notice of Termination of Codesharing with British Airways

Continental - Application Clarification - Houston-Mazatlan

Transatlantic, Transpacific, Transborder, and Latin American Service Mail Rates Investigation - Answer of Air Transport Assciation

Notices of Action Taken:

Aeromar - Chihuahua-Monterrey-San Luis Potosi-Guadalajara-Puerto Vallarta-Manzanillo-Houston Renewal

America West - Codeshare with US Airways - US-Mexico City-Pairs

Aviaxsa - Monterrey-Houston

Nolinor - US-Canada Charter Renewal

Uniform Yankee Juliet - Canada-US

US Airways - Codeshare with America West - US-Mexico City-Pairs

Notices and Orders:

America West - Granting Motion and Reducing Amount Due (Passengers with Disabilities)

Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues - Notice of Proposed Rulemaking and Request for Comments




America West Airlines, Inc.


OST-2005-22646 - Exemption - Various US-Mexico City-Pairs Codesharing with US Airways

Filed October 3, 2005 | Issued November 2, 2005

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal points Boston, Massachusetts; Charlotte, North Carolina; Fort Lauderdale, Florida; Philadelphia, Pennsylvania; and Pittsburgh, Pennsylvania, on the one hand, and the terminal point Cancun, Mexico, on the other hand; (2) the terminal points Charlotte, North Carolina and Philadelphia, Pennsylvania, on the one hand, and the terminal point Cozumel, Mexico, on the other hand and (3) the terminal point Charlotte, North Carolina, and the terminal point Mexico City, Mexico.  America West also requests authority to combine this exemption authority with all of American West’s existing certificate and exemption authority, consistent with applicable international agreements.

America West states that it requests this authority in order to expand services under a code-share arrangement with US Airways, Inc., whereby America West will place its “HP” code on flights operated by US Airways in the respective city-pair markets.

America West states that on September 27, 2005, America West Holdings Corporation merged with US Airways Group, Inc.  As a result, America West became a subsidiary of US Airways Group.  Although selling tickets, advertising, and marketing itself under the “US Airways” brand name, America West will continue to operate under its own certificate of public convenience and necessity and authorities until America West and US Airways are integrated under a single certificate.

By: Paul Gretch


Order 2005-11-5
OST-2004-16943
- Violations of 49 USC 41301 and 41712

Issued and Served November 2, 2005

Order | Word

After reviewing America West’s motion, we have determined that, in this specific case, as long as additional conditions are met granting America West’s motion to amend would best the public’s interest by enhancing the quality of service air passengers with disabilities receive. Therefore, we grant the motion to modify Order 2004-8-19 by reducing the amount due and payable to the U.S. Treasury on September 16, 2005 by $15,000 and require as an additional offset video production and increased employee training at a cost of $50,000 on the condition that America West submits a sworn and certified statement from an appropriate company official demonstrating that the $50,000 was properly expended. Such documentation must be submitted to the Enforcement office, the Inspector General’s Office, and the Office of Aviation and International Affairs, and is subject to review or audit by those offices.

By: Michael Reynolds

http://www.americawest.com/

Index


America West Airlines, Inc. d/b/a US Airways and Mesa Airlines, Inc.

OST-2001-9973 - US-UK Codeshare with British Airways

November 2, 2005

Notice of Termination of Codesharing Services with British Airways

Pursuant to Condition (b) of the Department's Notice of Action Taken dated December 6, 2004, in the above referenced Docket, America West Airlines, Inc. d/b/a US Airways and Mesa Airlines, Inc. hereby advises that the carriers have terminated their codeshare agreement with British Airways. The last flight displaying the BA* code occurred on October 29, 2005.

Counsel: Greenberg Traurig, Joanne Young, 202-530-8520, youngj@gtlaw.com

http://www.americawest.com/
http://www.usairways.com/
http://www.mesa-air.com/

Index


Consorcio Aviaxsa, S.A. de C.V.

OST-2000-8018 - Exemption - Monterrey-Houston

Filed October 17, 2005 | Issued November 2, 2005

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail between Monterry, Mexico, and Houston, Texas.

By: Paul Gretch

Index


Continental Airlines, Inc.

OST-1996-1368 - Houston-Mazatlan

November 2, 2005

Clarification of Application

Continental clarifies its October 7, 2005, application for renewal of its Houston-Mazatlan authority in light of a dormancy notice submitted for HoustonVeracruz and Houston-Mazatlan authority on February 18, 2004. With respect to Houston-Veracruz, Continental's application noted that renewal for exemption authority on this segment was not being sought because it was now included in Route 561. In fact, Houston-Veracruz is now operated only by ExpressJet, not Continental, and Continental's authority for this segment is available.

With respect to Houston-Mazatlan, however, Continental clarifies its application to request re-activation of its Houston-Mazatlan authority in light of its previously-submitted dormancy notice. No party has objected to Continental's October 7 application for Houston-Mazatlan exemption authority or submitted an application for Houston-Mazatlan authority pursuant to the Department's notice on new U.S. -Mexico routes despite the availability of a third designation on the Houston‑Mazatlan segment. As Continental's application indicated, Houston­Mazatlan authority will allow "Continental and Continental Express the flexibility to offer large-jet and regional-jet Houston-Mazatlan service based on seasonal and day-of-week demand," and Continental requires authority to operate B-737 flights from time to time to meet the demand for Houston-Mazatlan service. In fact, Continental is planning to operate a B-737 Houston-Mazatlan flight on November 21 to meet the demand for service on that date. For this reason, Continental asks the Department to take any action necessary to allow Continental to operate that flight.

Continental and I regret any inconvenience caused by this clarification of Continental's request and the failure to describe the relief sought as re-activiation rather than renewal in Continental's October 7 application.

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com

http://www.continental.com/

Index


Gazpromavia Aviation Company Ltd.


OST-2005-22882 - Foreign Air Carrier Permit - Russian Federation-US All-Cargo Charter Service

November 2, 2005

Application for a Foreign Air Carrier Permit - Bookmarked

GAZPROMAVIA requests a foreign air carrier permit authorizing it to engage in charter all-cargo air transportation operations (1) between point or points in Russia and point or points in the United States; and (2) between point or points in the United States and point or points in a third country or countries subject to pertinent national, bilateral and international agreements, rules and regulations. As a result of GAZPROMAVIA's desire to begin operating charter services and advertise its services in its own right as soon as possible, GAZPROMAVIA is contemoraneously filing an Application for an Exemption that would authorize the services that are subject of this application.

GAZPROMAVIA will primarily utilize Antonov AN-74 and Ilyushin IL-76 aircraft in the United States, or such other aircraft as it may have or acquire to conduct the proposed operations.

Counsel: The Wicks Group, Glenn Wicks, 202-457-7790, gpwicks@wicks-group.com


OST-2005-22882 - Foreign Air Carrier Permit - Russian Federation-US All-Cargo Charter Service

November 2, 2005

Motion for Confidential Treatment

GAZPROMAVIA is a privately held company, and the confidential information at issue includes non-public financial data of GAZPROMAVIA. This non-public financial data, if released, could cause GAZPROMAVIA substantial competitive harm. The confidential information at issue incorporates private, commercial, competitively sensitive and financial information of a type that is not normally disclosed to the public, is not required to be released under Russian Federation law, and would not otherwise be disclosed to the public by GAZPROMAVIA. Rather, it is being provided to the Department solely in support of GAZPROMAVIA's Application.

The confidential information in this case falls within Exemption 4 of the Freedom of Information Act, 5 U.S.C. § 552(b) (4), which provides protection from disclosure for business information that is "(1) commercial or financial, (2) obtained from a person outside of the government, and (3) privileged or confidential." Gulf & Western Industries, Inc. v. US., 615 F.2d 527, 529 (D.C. Cir. 1979). The information contained in GAZPROMAVIA' s filing clearly meets the first two criteria in that it is commercial and financial in nature and has been obtained from a person outside of the government

Counsel: The Wicks Group, Glenn Wicks, 202-457-7790, gpwicks@wicks-group.com


OST-2005-22883 - Exemption - Russian Federation-US All-Cargo Charter Service

November 2, 2005

Application for an Exemption

GAZPROMAVIA Aviation Company Ltd. hereby applies for an exemption from 49 U.S.C. § 41302 and such other statutes and the Department's Regulations as may be required, to engage in charter all-cargo service between the Russian Federation and the United States. GAZPROMAVIA intends to start its charter service in December of 2005 primarily utilizing its AN-74 and IL-76 equipment.

GAZPROMAVIA requests that its exemption be granted for a period of one year or until 90 days after the transmission of a final order to the President on GAZPROMAVIA's contemporaneously filed application for a foreign air carrier permit, whichever comes first.

Counsel: The Wicks Group, Glenn Wicks, 202-457-7790, gpwicks@wicks-group.com

http://eng.gazpromavia.ru/

Index


Les Investissements Nolinor Inc. d/b/a Nolinor Aviation

OST-2000-8082 - US-Canada Charter Transportation

Filed October 7, 2005 | Issued November 2, 2005

Notice of Action Taken | Word

Renewal of exemption from 49 USC § 41301 to permit the applicant to conduct all-cargo charter operations between Canada and the United States, and other all-cargo charters in accordance with 14 CFR Part 212.

By: Paul Gretch

http://www.nolinor.com/

Index


Qantas Airways Limited

OST-2002-11962 - Exemption - Australia-Denver

November 2, 2005

Application for Renewal of Exemption

Following the granting of this exemption, Qantas introduced, and continues to operate, codeshare service to Denver pursuant to a codeshare arrangement on American Airlines flights between Los Angeles and Denver that connect with Qantas Rights in Los Angeles.

The Qantas flights that currently connect in Los Angeles with the Qantas codeshare flights on American to and from Denver are Qantas' nonstop flights to Los Angeles from Sydney, Melbourne, and Brisbane and Qantas' Sydney-Brisbane-Auckland-Los Angeles flight. In addition, passengers who arrive in Los Angeles on a Qantas codeshare flight on Air Pacific from Nadi, Fiji, or on a Qantas codeshare flight on Air Tahiti from Papeete, Tahiti, can also connect to Qantas' codeshare flight on American to Denver. On July 25, 2002, the Department granted the Application of American Airlines to amend its Statement of Authorization in order to code share with Qantas on American's flights between Denver and Los Angeles. Docket OST-1999-5161.

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

Index


Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues / Actual Control of Airlines

OST-2003-15759

November 2, 2005

Notice of Proposed Rulemaking and Request for Comments - Bookmarked

The Department is seeking comments on a proposal to clarify policies that may be used during initial and continuing fitness reviews of U.S. carriers when citizenship is at issue. We propose to add a new section to 14 CFR Part 399 that clarifies how the Department will interpret "actual control" of a U.S. air carrier during fitness reviews. This proposal will affect how we interpret the circumstances influencing a determination of "actual control," allowing easier access to foreign capital for U.S. airlines. We are also proposing minor amendments to 14 CFR Part 204 to reference the new section and update existing language in Part 204.

The law requires U.S. control of U.S.-flag airlines. This has not changed. We do not propose to allow "actual control" to shift to foreign hands. We do propose to ensure that the application of an "actual control" standard results in U.S. citizen control being exercised in those areas of airline operations where there currently remains significant governmental involvement or regulation. Moreover, we want to ensure that the test is not applied so broadly so as to unnecessarily inhibit U.S. carriers' access to the global capital market.

By: Michael Reynolds

OST-2002-13089 - Citizenship of DHL
Order 1989-12-41 - Discovery Airways
Order 1993-3-17 - USAir and British Airways
Order 1989-11-8 - North Ameican Airlines
Order 1987-8-43 - In the Matter of Intera Arctic Services
Order 1991-1-41 - Acquisition of Northwest Airlnes by Wings

IG Letter to Representative Donald Young Concerning Citizenship of DHL - March 4, 2003
CRS Report for Congress - DHL Airways / Astar Air Cargo Controversy and Legislation in the 108th Congress - December 29, 2003
GAO Report to Senator Trent Lott - Issues Relating to Foreign Investment and Control of US Airlines - October 30, 2003
Airline Competition - Impact of Changing Foreign Investment and Control Limits on US Airlines - GAO Report - December 1992
International Aviation - New Competitive Conditions Require Changes in DOT Strategy - GAO Testimony - May 5, 1994
Foreign Ownership and Control Restrictions in US Airlines - Barriers to Mergers and Restructurings - Christopher Furlan - University of Miami School of Law

Index


Sahara Airlines Limited d/b/a Air Sahara

OST-2005-22640 - US-India Codeshare with American Airlines

November 2, 2005

Polling Results

As counsel for Sahara Airlines Limited dlb/a Air Sahara, our firm has polled all of the U.S. air carriers on the Service List of the Application in the above docket, as supplemented by the Supplement filed on October 31, 2005. None has any objection to the Application as supplemented.

American Airlines and Air Sahara must meet impending deadlines in order to implement the codesharing arrangement under which the Air Sahara code will be displayed on American's new service between Chicago and Delhi, India, effective November 15, 2005. Failure to meet these deadlines would delay the introduction of Air Sahara's new service and cause the loss of the additional competitive options that it would provide to the public.

In view of the lack of objections and the need for urgent approval, Air Sahara requests the Department to grant immediate approval to the Application. Please let us know whether the Department requires any additional information in order to expedite its action.

Counsel: Roller & Bauer, Moffett Roller, 202-331-330, mroller@rollerbauer.com

http://www.airsahara.net/

Index


Transatlantic, Transpacific, Transborder, and Latin American Service Mail Rates Investigation

OST-1996-1629

November 1, 2005

Answer of Air Transport Association of America, Inc.

This responds to the letter, dated October 12, 2005, sent by Postmaster General Potter. That letter objects to the procedures the Department uses when it periodically sets the rates that the Postal Service pays certificated carriers to transport U.S. international mail to comply with the requirements of Section 41901 of the transportation code, and urges the Department to abandon those procedures in favor of what the Postmaster General refers to as a policy of "regulatory forbearance." In essence, the Postal Service is urging the Department to adopt a policy that abandons its responsibilities under the transportation code, which the Department has no authority to do.

ATA members remain convinced that cooperative efforts among the Department, the Postal Service, and the carriers hold the most promise for finding an alternative to the Department's rate-setting procedures that would be consistent with the governing statute and serve the interests of both the Postal Service and the air transportation industry. A policy of "regulatory forbearance" is not authorized under the transportation code, and the Department should continue to adhere to its statutory responsibility to set international mail rates.

By: Air Transport Association, James May

http://www.airlines.org/

Index


Transportes Aeromar, S.A. de C.V.

OST-1995-379- Exemption - Chihuahua-Monterrey-San Luis Potosi-Guadalajara-Puerto Vallarta-Manzanillo-Houston

Filed September 29, 2005 | Issued November 2, 2005

Notice of Action Taken | Word

Renewal of exemption from 49 USC § 41301 to permit the applicant to engage in scheduled, combination services between: 1) the coterminal points San Luis Potosi/Manzanillo/Guadalajara, Mexico, and San Antonio, Texas; and 2) Mexico City, Mexico and the U.S. coterminal points Laredo/San Antonio, Texas.  The applicant also requests renewal of its exemption authority to engage in charter operations, carrying persons, property, and mail, between Mexico and the United States, and other charters in accordance with 14 CFR Part 212.  The applicant states that all of these operations would be carried out using small equipment.

Aeromar also requests new exemption authority from 49 USC § 41301 to permit it to engage in scheduled, combination services, using small equipment, between: 1) Monterrey, Mexico and Corpus Christi, Texas; 2) Reynosa, Mexico and Corpus Christi, Texas; and 3) Reynosa, Mexico, and San Antonio, Texas.

By: Paul Gretch

Index


Uniform Yankee Juliet Inc.

OST-2005-21116 - Exemption - Canada-US

Filed April 28, 2005 | Issued November 2, 2005

Notice of Action Taken | Word

Exemption from 49 USC § 41301 to conduct scheduled and charter flights carrying persons, property, and mail between any point or points in Canada and any point or points in the United States, and other charter flights in accordance with 14 CFR Part 212, using small equipment.  The applicant requests that the authority be granted for a two-year term.

Uniform Yankee Juliet’s application was accompanied by a motion under Rule 12 (14 CFR § 302.12) to withhold certain financial information from public disclosure.  In support of its motion, Uniform Yankee Juliet states that the information is competitively sensitive and highly confidential, and that Uniform Yankee Juliet would be adversely affected by its disclosure.  We have reviewed the documents under the disclosure guidelines of Rule 12 and have determined that they warrant confidential treatment.  Because of the commercially sensitive nature of the information, we have determined that the documents fall within the Freedom of Information Act exemption for proprietary information and would adversely affect the competitive position of Uniform Yankee Juliet under 49 USC § 40115.

By: Paul Gretch

Index


US Airways, Inc.

OST-2005-22645 - Exemption - Various US-Mexico City-Pairs Codesharing with America West

Filed October 3, 2005 | Issued November 2, 2005

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Phoenix, Arizona, on the one hand, and the terminal points Mexico City, Mazatlan, Puerto Vallarta, San Jose del Cabo, Acapulco, Guadalajara, Guaymas, Hermosillo, Ixtapa/Zihuatanejo, Manzanillo, and Cancun, Mexico, on the other hand; (2) the terminal point Las Vegas, Nevada, on the one hand, and the terminal points Puerto Vallarta and San Jose del Cabo, Mexico, on the other hand; and (3) the terminal point Los Angeles, California, on the one hand and the terminal points Acapulco and Puerto Vallarta, Mexico, on the other hand.  US Airways also requests authority to combine this exemption authority with all of US Airways’ existing certificate and exemption authority, consistent with applicable international agreements.

US Airways states that it requests this authority in order to expand services under a code-share arrangement with America West and/or Mesa Airlines operating as America West Express, whereby US Airways will place its “US” code on flights operated by America West in the respective city-pair markets.

US Airways states that on September 27, 2005, America West Holdings Corporation merged with US Airways Group, Inc.  As a result, America West became a subsidiary of US Airways Group.

By: Paul Gretch

http://www.usairways.com/

Index



Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar