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OST Docket Filings for January 19, 2007

Updated: 6/13/07 | 3:16 PM

Applications and Renewals:

Delta - US-China Certificate and Frequency Allocation

LIAT (1974) - Trinidad & Tobago-Puerto Rico, St. Vincent and Dominica Amendment

Servicios Aereos Denim - Mexican Taxi Renewal

US Airways - Charlotte-Cozumel Renewal / Philadelphia-Cozumel and Ft. Lauderdale-Cancun Dormancy Notices

Answers and Replies:

EAS at Altoona and Johnstown, PA - Proposal of Colgan Air

EAS at Carlsbad and Hobbs, NM - Proposals of Air Midwest and Pacific Wings

Virgin America - Joint Motion of American, Delta and US Airways for Suspension of Further Proceedings

Notices of Action Taken:

None

Notices and Orders:

BTS Form 251 - Report of Passengers Denied Confirmed Space

Montgomery Jet Center, Southern Skies and Ronald Mays - Assignment of Proceeding

Virgin America - Announcing Extension of Time to File Answers to Objections to Order 2006-12-23




Agency Information Collection - BTS Form 251 - Report of Passengers Denied Confirmed Space

OST-2007-26835

January 12, 2007

BTS Form 251 Notice

BTS Form 251 is a one-page report on the number of passengers denied boarding (voluntarily and involuntarily), whether the bumped passengers were provided alternate transportation and/or compensation, and the amount of the payment. U.S. and foreign air carriers that operate scheduled passenger service with large aircraft (over 60-seats) must submit Form 251. In addition, carriers report data from inbound international flights because the protections of 14 CFR part 250 Oversales do not apply to these flights.

The report allows the Department to monitor the effectiveness of its oversales rule and take enforcement action when necessary. While the involuntarily denied-boarding rate has decrease from 4.38 per 10,000 passengers in 1980 to 1.04 for the nine months ended September 2006, the rate is up from the 0.89 attained for the nine months ended September 2005. The publishing of the carriers' individual denied boarding rates has negated the need for more intrusive regulation. The rate of denied boarding can be examined as a continuing fitness factor. This rate provides an insight into a carrier's customer service policy and its compliance disposition. A rapid sustained increase in the rate of denied boarding often in an indicator of operational difficulty. Because the rate of denied boarding is released quarterly, travelers and travel agents can select carriers with low bumping incidents when booking a trip.

By: Donald Bright

Index


Delta Air Lines, Inc.

OST-2007-27019 - Certificate of Public Convenience and Necessity - US-China

January 19, 2007

Application for a Certificate of Public Convenience and Necessity and Frequency Allocation

Delta Air Lines, Inc. hereby proposes to offer daily nonstop service between Atlanta, Georgia, and Shanghai, China, beginning on March 25, 2008, when the next set of combination U.S.-China frequencies and a U.S.-China designation become available. Accordingly, pursuant to 49 U.S.C. § 41102 and 41108 and subpart B of 14 C.F.R. Part 302, Delta hereby applies for (i) certificate authority to engage in scheduled foreign air transportation of persons, property, and mail, between the United States and China, (ii) seven weekly frequencies for that service, and (iii) a U.S.-China designation.

Service Proposal Delta plans to begin daily, year-round nonstop service between Atlanta, Georgia, and Shanghai, China, starting on March 25, 2008. It plans to use either its B-777-200ER aircraft (configured in two-class configuration with 268 passenger seats) or its new B-777-200LR aircraft (configured in two-class configuration with 276 passenger seats).

An award to Delta would inject a new entrant and establish a new gateway for service to China. Delta's new Atlanta-Shanghai service, connecting the commercial and financial center of the world's largest country with Delta's expansive route hub at Hartsfield-Jackson Atlanta International Airport, the largest hub in the world, will provide unprecedented levels of convenient and competitive network coverage for U.S.- China travelers and shippers. More than 130 communities in the United States will receive convenient new or additional nonstop-to-nonstop service via Atlanta to/from Shanghai. Delta's service will be particularly beneficial to travelers and shippers in two critically underserved regions of the United States: the southern United States (at which there is currently no non-stop service to China) and the eastern United States (at which there is no U.S. carrier service to Shanghai and no daily nonstop service from any carrier to Shanghai). In addition, it will provide consumers and businesses with a new entrant carrier and a new U.S. gateway at the largest hub in the world, for U.S.-China service, thereby enhancing inter-carrier and inter-gateway competition in this otherwise restricted market.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

http://www.delta.com/

Press Release - Delta Makes First Move for 2008 China Routes With Filing for New Nonstop Flights Between Atlanta and Shanghai

Index


Essential Air Service at Altoona and Johnstown, Pennsylvania

OST-2002-11446 - EAS at Altoona, PA
OST-2002-11451 - EAS at Johnstown, PA

January 17, 2007

Proposal of Colgan Air

Our proposal uses two aircraft with one aircraft flying 18 flights per week between Altoona and Washington Dulles and the other flying 18 flights per week between Johnstown and Pittsburgh. Both services would be flown under the USAirways Express brand connecting to United's USAirways coded flights in Washington Duties and to the USAirways network in Pittsburgh arid would require an annual subsidy of $2,363,462. We are bidding all services as Beech-1900D aircraft; however, we plan to continue operating a Saab-340 aircraft on the Johnstown to Pittsburgh market for no additional subsidy as long as it remains economically viable. We also plan to continue operating a 4th Saab-340 flight routed PIT-AOO-JST-PIT at no additional subsidy, thereby giving Johnstown a 4 flight pattern to Pittsburgh while giving Altoona 1 daily flight to Pittsburgh in addition to their subsidized Washington Dulles service. This additional flight will continue as long as it remains economically viable.

From Altoona, PA:

  • Subsidized - 3 non-stop flights each weekday and 3 non-stop flights each weekend to Washington Dulles operated with Beech-1900D aircraft.
  • Unsubsidized - 1 shared flight daily to Pittsburgh operated with Saab-340 aircraft.

From Johnstown, PA:

  • Subsidized - 3 non-stop flights each weekday, 3 non-stop flights each weekend to Pittsburgh operated with Beech-1900D aircraft.
  • Unsubsidized - Upgrade of subsidized Johnstown-Pittsburgh service to Saab-340 aircraft and the addition of 1 shared flight daily to Pittsburgh with Saab-340 aircraft.

By: Colgan Air, Michael Colgan, 703-331-3101

Index


Essential Air Service at Carlsbad and Hobbs, New Mexico

OST-2002-12800 - Hobbs
OST-2002-12802 - Carlsbad


January 18, 2007

Proposal of Air Midwest

Mesa’s proposed option would continue service to Albuquerque. Mesa proposes to operate all flights as Mesa Airlines.

Option # Hub(s) Service Annual Subsidy
1 ABQ 2 RT - CNM to ABQ (nonstop)
2 RT - HOB to ABC (one-stop)
$1,249,999

All operations proposed would utilize our modern fleet of Raytheon/Beechcraft B-1900D airliners. These aircraft offer a very comfortable 19-seat, pressurized cabin with two turboprop engines.

By: Air Midwest, Jeffrey Hartz


January 18, 2007

Proposal of Pacific Wings - Bookmarked

We propose to provide a) two one-stop round trips each weekday and each weekend between Hobbs and Albuquerque; and, b) two nonstop round trips each weekday and each weekend between Carlsbad and Albuquerque using nine-passenger Cessna Grand Caravan (C-208B) turboprop aircraft, at a combined annual subsidy rate of $607,108.00.

By: Pacific Wings, Franklin Ford Jr., 808-873-0877

Index


LIAT (1974) Limited

OST-1998-3771 - Exemption - Puerto Rico and St. Vincent - Port-of-Spain - Dominicana

January 19, 2007

Amendment to Application for Renewal of Exemption

Hereby amends its Application for Renewal of Exemption filed in this docket on April 28, 2000, to request authority to operate scheduled foreign air transportation (1) between San Juan, Puerto Rico, and St. Vincent, and beyond to Port-of- Spain, Trinidad; and (2) between San Juan, Puerto Rico, and Dominica. LIAT plans to commence service on these routes on or about February 1, 2007. LIAT is therefore polling the parties on the Service List and seeking expedited approval of the amended exemption from the Department.

As renewed and amended, LIAT's exemption from 49 U.S.C. § 41301 will authorize LIAT to engage in (1) scheduled foreign air transportation of persons, property, and mail (a) between the coterminal points of Antigua and Barbuda, Montserrat, and St. Kitts and Nevis; via the intermediate points Anguilla, the British Virgin Islands, and St. Maarten; and the coterminal points St. Croix, St. Thomas, and San Juan; and beyond to Santo Domingo, Dominican Republic; and (b) between the coterminal points Antigua and Barbuda, and St. Kitts and Nevis; via the intermediate points St. Maarten and St. Lucia; and the terminal point Miami; (c) from Port-of-Spain behind St. Vincent; via St. Vincent; to San Juan, Puerto Rico; (d) and between Dominica and San Juan, Puerto Rico; and (2) charter foreign air transportation of persons, property, and mail pursuant to 14 C.F.R. Part 212 of the Department's regulations.

There is no reason why the Department should not grant immediate approval of the amended exemption. Daystar Airways, Ltd., d/b/a Nevis Express, filed objections to LIAT's Application for Renewal, and LIAT filed a Reply on June 5, 2001. Daystar Airways, however, is no longer in operation, and its objections are therefore moot.

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

http://www.liatairline.com/

Index


Montgomery Jet Center, Inc., Southern Skies, Inc. and Ronald Mays

OST-2007-26820 - Enforcement Proceedings and Proposed Assessment of Civil Penalties

Served January 18, 2007

Notice of Assignment of Proceeding

This proceeding has been assigned to Administrative Law Judge Isaac D. Benkin. All future pleadings and other communications regarding this proceeding shall be served on the Judge, the DOT Docket Clerk, and the other persons on the attached Service List.

By: Ronnie Yoder

Index


Servicios Aereos Denim, S.A. de C.V.

OST-2000-7698 - Mexico-US Charter Air Transportation

January 18, 2007

Application for Renewal of an Exemption

DENIM is seeking transborder charter authority to engage in foreign air transportation of persons and
their belongings without the need for prior Department approval of each flight, or series of flights. DENIM is also requesting stopover privileges.

Future operations, including its proposed U.S. service, are likely to be a continuation of this type of operation. DENIM estimates that it will operate 20 to 25 round trip flights annually between Mexico and the United States with an average load of three passengers per flight; all of which will originate in Mexico.

DENIM owns and operates a single 8 passenger Rockwell Sabreliner NA265-60 Jet aircraft with Mexican registration XA-SJM.

Counsel: Eugene Smith, 210-590-1630

Index


US Airways, Inc.


OST-2001-9768 - Exemption - Charlotte-Cozumel

January 19, 2007

Application for Renewal of Exemption Authority

US Airways, Inc. applies for renewal of its exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between the terminal point Charlotte, North Carolina, and the terminal point Cozumel, Mexico.

US Airways does not seek herein to renew its Philadelphia, Pennsylvania-Cozumel, Mexico exemption contained within the same docket. In a letter to the Department also dated January 19, 2007, US Airways has provided notice of dormancy as to this route.

US Airways currently provides scheduled air service in the Charlotte-Cozumel market using Airbus A-319 and/or Boeing 737 aircraft.

Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com


OST-2001-9768 - Exemption - Philadelphia/Charlotte-Cozumel
OST-2002-13855 - Exemption - Boston, Charlotte, Ft. Lauderdale, Philadelphia, Pittsburgh-Cancun

January 19, 2007

Notices of Dormancy

On March 21, 2005, the Department of Transportation renewed US Airways, Inc.'s existing exemption authority to provide scheduled foreign air transportation between Philadelphia, Pennsylvania, and Cozumel, Mexico, for a period of two years (See Notice of Action Taken, March 21, 2005, Docket OST-2001-9768). Similarly, on October 16, 2006, the Department renewed US Airways' existing exemption authority to provide scheduled foreign air transportation between Ft. Lauderdale, Florida and Cancun, Mexico, for a period of two years (See Notice of Action Taken, October 16, 2006, Docket OST-2002-13855).

In accordance with the Conditions set forth in each Notice of Action Taken described above, US Airways hereby advises the Department that it will no longer operate either Philadelphia-Cozumel or Ft. Lauderdale-Cancun service, effective immediately. Accordingly. US Airways respectfully provides notice of dormancy with respect to these routes.

Philadelphia-Cozumel exemption authority was originally contained within Docket OST-2003-15253. Concurrent with its renewal of US Airways' Philadelphia-Cozumel exemption authority, the Department consolidated this exemption authority with US Airways' exemption to provide scheduled air service between Charlotte, North Carolina, and Cozumel. Mexico, in Docket OST-2001-9768.

Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com

http://www.usairways.com/

Index


Virgin America, Inc.

OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger


Served January 19, 2007

Notice Announcing an Extension of Time to File Answers to Objections to Order 2006-12-23

On January 8, 2007, Virgin America, Inc. filed a motion requesting that the Department extend the due date for objections to Order 2006-12-23, issued December 27, 2006, from January 10 to January 16, 2007. By Notice dated January 10, 2007, we determined it appropriate to grant Virgin America’s request. At the same time, we extended the period for the filing of answers to objections to January 30, 2007.

On January 16, 2007, Virgin America submitted a letter, addressed to the Chief of the Department’s Dockets section, to the effect that it required an extension of time to file its Objections. The applicant stated that the additional time was necessary in order to allow it to provide new and supplementary evidence directly responsive to our tentative decision and Virgin America’s citizenship. This letter does not show any evidence of having been served on the other parties to the proceeding. Two days later, the applicant filed Objections to Order 2006-12-23, accompanied by substantial new evidentiary submissions, under cover of a Motion for Leave to File Additional Evidentiary Material.

Given these circumstances, and in an effort to preserve the integrity of the Department’s procedures and this record, we find it in the public interest to extend the period for the filing of answers to Virgin America’s Objections to February 1, 2007. Moreover, interested parties will also have until that deadline to comment on any outstanding procedural issues.

By: Todd Homan


January 19, 2007

Joint Motion of American Airlines, Delta Air Lines, and US Airways for Suspension of Further Proceedings Pending Submission by Virgin America of Additional Documents

American Airlines, Inc., Delta Air Lines, Inc., and US Airways, Inc. hereby jointly move for suspension of further procedures in this docket pending submission by Virgin America Inc. of additional documents. The Department and interested parties require these documents in order to review and analyze the new application filed by Virgin America on January 17, 2007. Once the record has been deemed complete, interested parties should be allowed at least 21 days to answer Virgin America's new application and its objections to the show-cause order.

On January 17, 2007, Virgin America filed lengthy objections to the show-cause order which describe agreements to make wholesale amendments to the documents underlying its initial application, as well as to make various new agreements, purporting to meet the U.S. citizenship test. These descriptions, but not the documents themselves, appear in the body of the objections and in the affidavit of Frances Farrow, a U.K. citizen, long-time insider with the U.K. Virgin Group, and high-level associate of Sir Richard Branson.

The amendments and new agreements are only summarily described and characterized, contrary to Virgin America's claim to have submitted a "mountain of evidence." But the applicant has failed to provide the record with the executed texts of any of these fundamental documents. The Department cannot evaluate the new application without these documents. Fairness and due process require a meaningful opportunity for interested parties to review and analyze the actual language of the purported amendments and new agreements, just as the parties were able to do in relation to the source documents underlying Virgin America's initial application. Until all of these documents are executed and produced, the Department should suspend further procedures.

If Virgin America expects the Department to consider the new application it filed on January 17, it should produce evidence - in the form of fully executed amendments and new agreements -to support the restructuring claims made in its objections and affidavits. If Virgin America wished to avoid delay in the consideration of its new application, it should have devoted its resources to drafting and executing the actual documents that would purportedly address the citizenship issue, rather than, for example, assembling press clippings, denouncing the Department, and making totally irrelevant claims as to the alleged benefits of its proposed service.

Counsel: Carl Nelson, 202-496-5647, carl.nelson@aa.com for American / Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com for Delta / Howard Kass, 202-326-5153, howard@kass@usairways.com for US Airways

Index



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