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OST Docket Filings for April 6, 2007

Updated: 6/15/07 | 10:05 AM

Applications and Renewals:

Skybus Airlines - Waiver to Allow Accepting of Payments and Issuing of Tickets

United and Air China - Codeshare Notice - San Francisco/Los Angeles-Denver

Answers and Replies:

Alaska Airlines, et al v. LA World Airports - Confidentiality Affidavits of US Airways and Alaska Airlines / Confidentiality Affidavits of Air Transport Association / Declarations of LA Airports Division and General Counsel

Continental - Answer of City of Houston and Greater Houston Partnership (Open Skies Certificate Authority)

United, Lufthansa and Swiss - Comments of United (Spanish Points Codeshare)

Notices of Action Taken:

Aerobona - Mexican Taxi Renewal

Aerojets - Mexican Taxi Renewal

Aerolineas Mexicanas - Mexican Taxi Renewal

Aeroservicios Ejecutivos Corporativos - Mexican Taxi Renewal

EuroFly - US-Italy Codeshare with Meridiana

Meridiana - US-Italy Codeshare with EuroFly

Servicios Aereos Denim - Mexican Taxi Renewal

Servicios Ejecutivos Continental - Mexican Taxi Renewal

Notices and Orders:

EAS at Victoria, TX - Selecting Carrier and Establishing Subsidy Rate

Expanded Air Services at Guam and Alaska - Amending Authority

Expanded Air Services at Northern Mariana Islands - Final Order

Imperial Jets - Consent Order

Reimbursement of DC Area Aviation Operators and Service Providers - Final Rule

Skybus Airlines - Granting Waiver




Aerobona, S.A. de C.V.

OST-2005-22827 - Exemption - US-Mexico Charter Air Transportation

Filed December 11, 2006 | Issued April 6, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States. Furthermore, the applicant requests that the authority be granted for a two-year term.

By: Paul Gretch

Index


Aerojets Corporativos, S.A. de C.V.

OST-1996-1978 - Mexico-US Charter Air Transportation

Filed December 22, 2006 | Issued April 6, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States.

We have decided on our own initiative, and in the interest of administrative efficiency, to grant the applicant's exemption authority for a two-year term.

By: Paul Gretch

Index


Aerolineas Mexicanas J.S., S.A. de C.V.

OST-1996-1840 - Exemption - Mexico-US Charter Air Transportation

Filed December 22, 2006 | Issued April 6, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States. Furthermore, the applicant requests that the authority be granted for a two-year term.

By: Paul Gretch

Index


Aeorservicios Ejecutivos Corporativos, S.A. de C.V.

OST-1997-2878 - Mexico-US Charter Air Transportation

Filed January 11, 2007 | Issued April 6, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States. Furthermore, the applicant requests that the authority be granted for a two-year term.

By: Paul Gretch

Index


Alaska Airlines, et al v. Los Angeles World Airports

OST-2007-27331


April 5, 2007

Confidentiality Affidavits of US Airways and Alaska Airlines

  • Howard Kass - US Airways
  • Thomas O'Grady - Alaska Air


April 5, 2007

Confidentiality Affidavits of Air Transport Association

  • David Berg
  • Katherine Andrus


April 4, 2007

Declarations of LA Airports Division and General Counsel

  • Lynn Mayo
  • Raymond Ilgunes
  • Kelly Martin

Index


Continental Airlines, Inc.

OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers
OST-2006-25917 - Open Skies Certificate Authority

April 6, 2007

Answer of the City of Houston and the Greater Houston Partnership

The Houston Parties strongly support the expansion of route and service opportunities that will flow from the new agreement, and applaud the Department and its colleagues in other agencies for their efforts in achieving this historic milestone. Houston is especially pleased that the agreement will lift the archaic “Bermuda II” restrictions on service to London Heathrow. Heathrow remains the preferred airport for London-bound passengers, especially business travelers, and Continental has indicated that it intends to shift its Houston-London flights to Heathrow in 2008, assuming the availability of the necessary Heathrow slots and other facilities.

Counsel: Zuckert Scoutt, Rachel Triner, 202-298-8660, rbtrinder@zsrlaw.com

Index


Essential Air Service at Victoria, Texas

Order 2007-4-8
OST-2005-20454

Issued April 6, 2007 | Served April 11, 2007

Order Selecting Carrier and Establishing Subsidy Rate | Word

By this order, the Department is selecting Colgan Air, Inc., d/b/a Continental Connection to continue providing essential air service at Victoria consisting of 12 weekly nonstop round trips to Houston with 34-seat Saab 340B turboprop aircraft for an annual subsidy of $610,049.

By: Michael Reynolds

http://www.flyvictoriatx.com/ - Victoria Regional Airport

Index


EuroFly, S.p.A.

OST-2006-25045 - Statement of Authorization - US-Italy Codesharing with Meridiana

Filed June 8, 2006 | Issued April 6, 2007

Department Action on Application

Application of Eurofly, S.p.A. for a statement of authorization to permit Eurofly to display the Meridiana, S.p.A. designator code (IG*) on scheduled flights operated by Eurofly between points in the United States and points in Italy.

The applicant states that it will initially display Meridiana’s “IG” designator code on Eurofly flights between New York, on the one hand, and Bologna and Rome (Fiumicino), Italy, on the other hand. At Bologna and Rome, the Meridiana code-share passengers will connect with Meridiana flights to Olbia and Cagliari, Italy.

By: Robert Finamore

http://www.eurofly.it/

Index


Expandad Air Service at the Antonio B. Won Pat Inernational Airport, Guam and Expanded Cargo Transfer Flexibility at Alaskan International Airports

Order 2007-4-10
OST-2006-23918 - Guam
OST-1996-1600 - Alaska

Issued and Served April 6, 2007

Order Amending Authority | Word

By this order we amend our earlier actions, granting certain blanket authority to foreign air carriers to provide expanded services at Guam and Alaska, to alter restrictions involving the use of this authority by foreign air carriers of the United Kingdom.

Since the time we issued our actions concerning Guam and Alaska, the United States and the European Union have negotiated the U.S.-EU Air Transport Agreement, which was approved by the European Council of Transport Ministers on March 22, 2007.  This Agreement, which will be provisionally applied as of March 30, 2008, will, among other things, establish Open Skies between the United States and the United Kingdom.

Under these circumstances, we find that the public interest will no longer require that U.K. carriers be excluded from eligibility for the authority described herein once the U.S.-EU Agreement is provisionally applied.  We will, therefore, amend our actions concerning Guam and Alaska to make the restrictions on U.K. carriers expire effective March 30, 2008.

We have taken the same action with respect to U.K. carriers in a similar case involving the authorization of foreign air carriers to provide expanded air services to the Commonwealth of the Northern Mariana Islands.  See Order 2007-4-9, issued April 6, 2007

By: Paul Gretch

Index


Expanded Air Services at Northern Mariana Islands International Airports

Order 2007-4-9
OST-2006-25663

Issued April 6, 2007 | Served April 11, 2007

Final Order | Word

By Order 2007-2-23, issued February 23, 2007, in response to an application filed in this Docket by the Commonwealth of the Northern Mariana Islands, we directed interested persons to show cause why we should not make final our tentative findings and conclusions stated in that order and grant eligible foreign air carriers certain blanket authorities to provide expanded services at the CNMI’s international airports.

We stated that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order which would make final the findings and conclusions of Order 2007-2-23.

No objections were filed in response to Order 2007-2-23.  On March 15, 2007, the CNMI filed a comment noting the absence of objections to that order, and urging the Department immediately to make final our tentative decision.

While we are issuing a final order in this proceeding, we have, in light of recent developments, decided to alter, in one respect, the authority we proposed to grant in Order 2007-2-23.  In that order, we tentatively found that we should exclude foreign air carriers of the United Kingdom from receiving the extrabilateral authority we proposed to grant, because the current U.S.-U.K. Air Services Agreement contains restrictions which seriously hamper U.S. carriers’ ability to provide service in the U.S.-U.K. market.

Since the time we issued Order 2007-2-23, the United States and the European Union have negotiated the U.S.-EU Air Transport Agreement, which was approved by the European Council of Transport Ministers on March 22, 2007.  This Agreement, which will be provisionally applied as of March 30, 2008, will, among other things, establish Open Skies between the United States and the United Kingdom.

Under these circumstances, we find that the public interest will no longer require that U.K. carriers be excluded from eligibility for the authority contained in this order once the U.S.-EU Agreement is provisionally applied.  We will, therefore, alter our tentative findings and conclusions in Order 2007-2-23 and make the restriction on U.K. carriers expire effective March 30, 2008.

By: Andrew Steinberg

Index


Imperial Jets, Inc.

Order 2007-4-7
OST-2007-26781

Issued and Served April 6, 2007

Consent Order

This consent order concerns common carriage air service by Imperial Jets, Inc., without the requisite Departmental economic authority. Such conduct contravenes 49 U.S.C. 41101, the Department’s aviation licensing requirement, and 49 U.S.C. 41712, which prohibits ticket agents and air carriers from engaging in unfair and deceptive trade practices and unfair methods of competition. This order also concerns Imperial Jets’ separate and distinct violations of 14 CFR 399.80(a), which details certain proscribed practices by ticket agents that constitute unfair and deceptive practices and unfair methods of competition. It directs Imperial Jets to cease and desist from such further violations and assesses Imperial Jets a compromise civil penalty.

By: Rosalind Knapp

http://www.imperialjets.com/

Index


Meridiana, S.p.A.

OST-2006-25044- Exemption - US-Italy Codeshare with EuroFly

Filed June 8, 2006 | Issued April 6, 2007

Notice of Action Taken

Exemption from 49 USC § 41301 to engage in scheduled foreign air transportation of persons between a point or points in the United States and a point or points in Italy, pursuant to its code-share arrangement with Eurofly, S.p.A.

Eurofly has separately filed an application in Docket OST-2006-25045 for a corresponding statement of authorization to perform these operations. We are acting on that request concurrently. Meridiana states that Eurofly will display the Meridiana designator code “IG” on flights operated by Eurofly between the United States and Italy in order to transport passengers connecting to or from flights operated by Meridiana within Italy.

By: Paul Gretch

http://www.meridiana.it/

Index


Procedures for Reimbursement of General Aviation Operators and Service Providers in the Washington DC Area

OST-2006-25906

On File at Federal Register April 6, 2007

Final Rule | As Published in Federal Register April 9, 2007

This rule provides reimbursement to fixed-base general aviation operators and providers of general aviation ground support services at five metropolitan Washington, DC, area airports, for the direct and incremental financial losses they incurred while the airports were closed due to Federal government actions taken after the terrorist attacks on September 11, 2001. The airports are: Ronald Reagan Washington National Airport; College Park Airport in College Park, Maryland; Potomac Airfield in Fort Washington, Maryland; Washington Executive/Hyde Field in Clinton, Maryland; and Washington South Capitol Street Heliport in Washington, DC.

This rule is effective May 9, 2007.

By: DOT

Index


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

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

Filed January 19, 2007 | Issued April 6, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States.

We have decided on our own initiative, and in the interest of administrative efficiency, to grant the applicant's exemption authority for a two-year term.

By: Paul Gretch

http://www.serviciosaereosdenim.com/

Index


Servicios Ejecutivos Continental, S.A.

OST-2002-11365 - Exemption - Mexico-US Charter Air Transportation

Filed January 19, 2007 | Issued April 6, 2007

Notice of Action Taken

Renewal of exemption from 49 USC 41301 to permit the applicant to conduct passenger charter operations between Mexico and the United States, and other passenger charters in accordance with 14 CFR Part 212, using small equipment. The applicant also requests renewal of its stopover privileges and continued relief from the requirement to provide advance notice of each flight, or series of flights, between Mexico and the United States.

We have decided on our own initiative, and in the interest of administrative efficiency, to grant the applicant's exemption authority for a two-year term.

By: Paul Gretch

Index


Skybus Airlines, Inc.


OST-2007-27846 - Waiver to Allow Accepting of Payments and Issuing of Tickets

April 4, 2007

Application for a Waiver of the Provisions of 14 CFR 201.5(a)(2)

Skybus hereby applies for a waiver of the provisions of § 201.5(a)(2) of the Department's Economic Regulations to enable the carrier to begin accepting payments and issuing tickets on April 15, 2007, for flights that are planned to begin in late May 2007.

On January 7, 2005 and June 29, 2005, Skybus filed in Dockets OST-2005-20072 and OST-2005-21744 applications for certificate authority to conduct, respectively, interstate and US-Canada scheduled air transportation of passengers, property and mail. In Order 2006-3-12, issued March 14, 2006, the Department concluded that Skybus is fit, willing and able to engage in interstate scheduled air transportation and awarded it a certificate to provide interstate air transportation services. The company's foreign certificate authority was issued by Order 2006-5-9, served May 12, 2006.

It is imperative that Skybus avoid the pattern experienced by other new entrant carriers, many of whom have subsequently ceased operations, wherein scheduled operations are initiated with relatively low load factors and similarly low revenue per seat mile. Accordingly, the carrier seeks to begin advance tickets sales for its initial flights and thereby increase the likelihood of financial success for its initial service. Skybus will not, however, initiate sales until it is in a position to announce a definitive startup date, with a high level of confidence, based on the status of the FAA certification process.

Counsel: Sher & Blackwell, Mark Atwood


Order 2007-4-11
OST-2007-27846 - Waiver to Allow Accepting of Payments and Issuing of Tickets

Issued and Served April 6, 2007

Order Granting Waiver

By this order, we are granting Skybus Airlines, LLC a waiver of section 201.5 of our rules in order to permit it to issue tickets and accept payment from prospective passengers prior to receiving effective authority from the Department.

Our primary concern in acting on “pre-sale” requests such as Skybus’ is the protection of consumers and their funds. Skybus has agreed to establish procedures designed to protect its prospective customers. Specifically, the company states that it will: (1) advise each customer that it does not currently possess full authority to operate the services for which the ticket is being issued and will not have such authority until such time as it is issued by the Department; (2) advise each customer that he or she may obtain a full refund of the purchased ticket price, without penalty, if the customer requests the refund and cancels his or her reservation before Skybus commences revenue flight operations; (3) place all ticket sales proceeds (from both cash and credit card sales) into an irrevocable escrow account until Skybus receives effective authority from the Department; and (4) accommodate passengers, who, in their discretion, decline a refund and elect to have Skybus find substitute air transportation for them, by offering to pay any amount reasonably incurred by the passengers, up to 200 percent of the Skybus ticket price. In addition, we are directing Skybus to advise our Air Carrier Fitness Division on May 4, 2007, of the status of its progress towards obtaining FAA certification.

By: Todd Homan


OST-2005-20072 and OST-2005-21744 - April 2, 2007 Skybus Application

http://skybus.com/

Index


United Air Lines, Inc., Lufthansa German Airlines and Swiss International Air Lines, Ltd.

Undocketed
OST-2005-22464 - US-Switzerland Blanket Codeshare with Swiss

April 6, 2007

Comments of United Air Lines

This will acknowledge receipt of the referenced letters directing United not to proceed with implementation of new code-share services to Madrid and Barcelona, Spain with its partner carriers Lufthansa German Airlines and Swiss International Air Lines, Ltd. These services would have operated via points in Germany and Switzerland, respectively, on a blind sector basis under the UA* designator code between those countries and points in Spain. Your directive is based on the premise that these services would not be consistent with the U.S. carrier route description in the current U.S.-Spain ASA that remains in effect until March 30, 2008, when it will be replaced by an open skies regime.

United does not agree with your underlying premise. Because the services in question will not carry any local traffic under the UA* code between Germany or Switzerland and Spain, there is no need for these blind-sector connection points to be named on the U.S. carrier route. While we concede that Spain has taken a contrary position, the U.S. has heretofore disagreed. Thus, your department has twice before authorized United to offer code-share service on a blind sector basis between London (a point not on the agreed U.S. carrier route to Spain) and several points in Spain. All points in Spain authorized for such services have been named on the agreed route, just as is the case in the notices covered by your referenced letter.

Nevertheless, in recognition that Spain has taken a contrary position, and in view of the fact that the U.S. may wish to wish to maintain the status quo pending a possible agreement by Spain to accelerate the date for applying open skies terms, United is willing to waive whatever objections it may have to the directives in the referenced letters. Based on informal discussions with Spanish officials in advance of the recent U.S.-E.U. negotiations, it appears that Spain may, indeed, be willing to advance the date for applying open skies terms for U.S.-Spain services. We will therefore defer any implementation of the proposed code-services pending the applicability of open skies provisions between the U.S. and Spain consistent with your referenced letters.

We assume in taking this position that your department will take similar action with respect to any other proposed code-share services between the U.S. and Spain or any other E.U. country, including but not limited to the services proposed by Delta and Alitalia in their March 19, 2007 Notice in Docket OST-2001-10417 and any extra-bilateral expansion of services by American and Iberia or Malev such as those described in their Comments in Docket OST-2000-6939 and Supplement in Docket OST-2006-26737, respectively, both dated March 23, 2007.

Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com

http://www.united.com/

Index


United Air Lines, Inc. and Air China

OST-2003-16213 - US-People's Republic of China Codesharing with United

April 6, 2007

Re: Codeshare Notice

United Air Lines, Inc. and Air China by Notice of Action Taken on October 24, 2003, United hereby notifies the Department that Air China’s CA* designator code will be placed on flights operated by United in both directions:

  • between San Francisco, CA. and Denver, CO; and,
  • between Los Angeles, CA and Denver, CO.

The proposed code-share services are consistent with applicable bilateral agreements. United and Air China plan to implement these services on or after May 6, 2007.

Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com

http://www.airchina.com.cn/
http://www.united.com/

Index



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