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OST Docket Filings for July 9, 2007

Updated: 7/10/07 | 12:03 PM

Applications and Renewals:

Lufthansa CityLine - US-Germany Codesharing with United Renewal

PrivatAir - US-Germany Executive Charters Renewal

SAP - Amended Foreign Air Carrier Permit - Dominican Republic-US

Virgin Blue - Exemption and Foreign Air Carrier Permit - US-Australia

Answers and Replies:

Spirit Airlines - Petition for Review of Staff Action (US-Colombia)

US-China - City of Philadelphia in Support of US Airways

Virgin America - Family Assistance Plan

Notices of Action Taken:

AeBal - US-Spain Codeshare with US Airways Renewal

Air Pacific - Fiji-US-Canada Renewal

Trans Capital Air - Canada-US Charter Renewal

Notices and Orders:

Airline Customer Improvements - Oversales and Denied Boarding Compensation Advance NPRM

Polet Airlines - Final Order (Foreign Air Carrier Permit - US-Russia Cargo Charter)




2007/2008/2009 US-China Proceeding

OST-2007-28567

July 6, 2007

City of Philadelphia in Support of US Airways

The City of Philadelphia strongly supports the bid of US Airways, Inc. for the authority to launch nonstop Philadelphia-Beijing service in 2009. The City of Philadelphia currently lies at the center of the largest metropolitan statistical area in the United States without nonstop service to China. US Airways’ proposed route would therefore generate enormous public benefit both in the Philadelphia community and throughout our region. We therefore urge you to grant US Airways’ application.

By: Mayor, John Street, 215-686-2181

Index


Aerolineas de Baleares, S.A.

OST-2003-16468 - Exemption - US-Spain Codeshare with US Airways

Filed June 22, 2007 | Issued July 9, 2007

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 and statement of authorization under 14 C.F.R. Part 212 to the extent necessary to permit AeBal to wet lease aircraft to Spanair, S.A., a foreign air carrier of Spain, for use by Spanair on Spanair flights between Madrid, Spain, on the one hand, and Barcelona, Malaga, and Palma de Mallorca, Spain, on the other hand (limited to the carriage of US Airways’and Spanair’s U.S.-Spain traffic).

By: Paul Gretch

Index


Air Pacific Limited

OST-1997-2828 - Exemption - Fiji-US-Canada

Filed June 18, 2007 | Issued July 9, 2007

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to permit the applicant to continue to conduct scheduled,  combination services between Nadi, Fiji, and the two U.S. coterminal points Los Angeles, California, and Honolulu, Hawaii, via Auckland, New Zealand, and beyond the two U.S. coterminal points to, and from, the two Canadian coterminal points Toronto and Vancouver.

By: Paul Gretch

http://www.airpacific.com

Index


Airline Customer Improvements

OST-2001-9325

On File at Federal Register July 9, 2007

Advance Notice of Proposed Rulemaking | As Published in Federal Register July 10, 2007

The Department of Transportation is seeking comment on whether it should amend its rules relating to oversales and denied boarding compensation to cover flights operated with aircraft seating 30 through 60 passengers, which are currently exempt from the rule, to increase the maximum required compensation, and to make other changes. Such changes in the rule, if undertaken, would be intended to maintain consumer protection commensurate with developments in the aviation industry.

Comments are requested by September 10, 2007 Late-filed comments will be considered to the extent practicable.

By: Andrew Steinberg

Index


Lufthansa CityLine GmbH

OST-2003-15485 - Exemption and Statement of Authorization - Part 212 Codeshare Operations with United Air Lines

July 9, 2007

Application for Renewal of an Exemption

Lufthansa CityLine hereby applies for renewal of an exemption from 49 U.S.C. 41301 permitting Lufthansa CityLine to transport persons, property and mail under the designator code of United Air Lines, Inc. between points in Germany, and between points in Germany and points in third countries.

Lufthansa CityLine holds exemption authority permitting Lufthansa CityLine to conduct scheduled foreign air transportation of persons, property and mail, by displaying the code of United on flights operated by Lufthansa CityLine wholly within Germany, and, in addition, between points in Germany and points in third countries. Notice of Action Taken dated July 22, 2005.

Lufthansa CityLine transports United's U.S.-originating and U.S.-destined traffic between points in Germany, and between points in Germany and points in third countries, but Lufthansa CityLine does not sell seats in its own name for travel to or from the United States and does not operate aircraft to any U.S. point. In addition, United does not sell seats in its own name on Lufthansa CityLine's flights for travel in local Germany-third country and intra-Germany markets.

Counsel: Wilmer Hale, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com

http://www.lufthansacityline.com

Index


Polet Airlines

Order 2007-7-5
OST-1998-4582 - Foreign Air Carrier Permit - US-Russia Cargo Charter

Issued May 9, 2007 | Served July 9, 2007

Final Order | Word

We make final our findings and conclusions as stated in Order 2007-4-16 and award to Polet Airlines the foreign air carrier permit subject to the conditions attached to the Order and to the conditions that, in the conduct of the scheduled and charter services authorized herein, Polet Airlines must adhere to (1) FAA-approved flight routings; and (2) the Air Transport Agreement between the United States and the Russian Federation, including its Annexes.  In accordance with sections 212.9(d) and (e) of the Department’s rules, Polet Airlines shall not perform any charter(s) unless specific authority in the form of a statement of authorization for such charter(s) has been granted by the Department.

By: Paul Gretch

http://www.polet.ru/

Index


PrivatAir GmbH

OST-2003-14630 - Exemption - Germany-US Executive Charters

July 6, 2007

Application for Renewal of Exemption

PrivatAir GmbH hereby requests renewal of its existing exemption authority to engage in charter foreign air transportation of persons, property and mail as more fully described below. Additionally, PrivatAir requests renewal of (i) its existing Part 212 statement of authorization to wet lease aircraft for certain operations on behalf of Lufthansa German Airlines and (ii) its current Part 212 statement of authorization to display the designator code of United Air Lines in markets where United and Lufthansa hold authority to codeshare.

PTG's operating authority to the US expires on July 6, 2007. PTG requests renewal of its US exemption authority, Part 212 wet lease authorization and Part 212 codeshare authorization for a two-yaer period, until July 6, 2009.

Counsel: Zucket Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com

http://www.privatair.com/

Index


Servicios Aereos Professionales, S.A.

OST-1997-3077- Foreign Air Carrier Permit - Dominican Republic-US

July 3, 2007

Application for Amendment of Exemption for a Foreign Air Carrier Permit

Servicios Aereos Profesionales, S.A. hereby applies to the Department of Transportation for amendment of its exemption from Section 41301 of the same title, enabling it to conduct charter foreign air transportation of persons and property between the Dominican Republic and United States. SAP requests amendment of the exemption for a period of not less than two years. The existing exemption expires on March 5, 2008.

Counsel: Luis Irizarry, 787-752-7621

http://www.sapair.com/

Index


Spirit Airlines, Inc.

OST-2007-28057 - Exemption - US-Colombia

July 6, 2007

Petition for Review of Staff Action

Spirit requests that the Department reverse the Staff dismissal of Spirit’s application, and grant the allocation of 14 unused frequencies to provide daily low-fare service from Ft. Lauderdale to Bogota and Barranquilla, Colombia. Further, Spirit requests that the Department grant the application immediately, and without an unnecessary and time consuming Ashbacker comparative selection proceeding. As detailed in Spirit’s pleadings, Ashbacker requires equal consideration of applications by competing carriers, not a separate proceeding. Spirit is the only carrier not already in the U.S.-Colombia market applying for these frequencies, willing to serve the Ft. Lauderdale – Colombia market, as well as the only low-fare carrier applicant. The Department has no need to gather more information to make the determination that Spirit’s service will benefit the public and achieve the stautory aims of Congress. Delta’s application is to simply add more premium-fare flights under its existing codeshare with Avianca. Spirit has firm plans to use these 14 frequencies, and requests that the Department immediately reallocate them so it may begin service.

American is currently allocated 42 of the 70 frequencies available under the U.S.-Colombia bilateral treaty. Even though this amounts to 60 percent of all frequencies available, American has failed to use 14, or 34 percent, of the frequencies allocated to it. The NOAT states only that American has not operated all 42 of its frequencies since Summer 2005. In fact, American’s use during the Summer of 2005 was for only a two month period. The NOAT fails to include the fact that other than during this two month period, American has not used all 42 of its frequencies since at least 2003. This is significantly longer than the recital of facts would imply.

Spirit applied for the reallocation of these 14 unused frequencies so it could begin the first ever low-fare service to Colombia, and the only U.S. carrier service to Barranquilla. As the Department knows, there is enormous demand worldwide and especially in closed markets like Colombia, for service by low-fare carriers. However, the NOAT fails to include the specific pricing differentials presented by Spirit. These details are essential to Spirit’s application, and needed to be available to the decision maker. Although approximately 25% of domestic U.S. air service is now provided by low-fare carriers, there is no low-fare carrier serving the U.S.-Colombia market. Spirit’s lowest FLL-BOG fare would be $248 versus American’s $414, a 40% savings and the walk-up, no advance purchase fare, would be $648 versus American’s $719, a 24% savings.

Counsel: Kirstein & Young, Joanne Young, 202-331-3348

http://www.spiritair.com/

Index


Trans Capital Air Ltd.

OST-2005-20934 - Exemption - Canada-US Scheduled and Charter Passenger Service

Filed June 11, 2007 | Issued July 9, 2007

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of persons, property, and mail between any point or points in Canada and any point or points in the United States; and other charters in accordance with 14 C.F.R. Part 212, using aircraft of 60 or fewer seats and with a maximum payload capacity of 18,000 pounds or less.

By: Paul Gretch

http://www.transcapitalair.com/

Index


Virgin America, Inc.

OST-1996-1960 - Family Assistance Plans

July 6, 2007

Family Assistance Plan

By: Virgin America, Gary Hall

http://www.virginamerica.com/

Index


Virgin Blue International Airlines Pty Ltd

OST-2007-28705 - Exemption and Foreign Air Carrier Permit - US-Australia

July 6, 2007

Application for an Exemption and a Foreign Air Carrier Permit - Bookmarked

Motion for Confidential Treatment

VBIA is seeking an exemption and a Foreign Air Carrier Permit that would enable it to provide scheduled foreign air transportation of persons, property, and mail on the following routes:

  1. From Australia via New Zealand, New Caledonia, Fiji, American Samoa, Canton Island, French Polynesia, Mexico and Canada to the gateway points of Honolulu, San Francisco, Los Angeles, New York, and three points to be selected by the Government of Australia and to an additional eight points (which may be changed from time to time) in the United States only via one or more of the specified and/or selected gateway points and beyond to Canada, Mexico, the United Kingdom and Europe and beyond (Australia South Pacific Route 1(a) and (b));
  2. From Australia via any two points in Asia (including Hong Kong, Japan, Korea, and Taipei and may be changed from time to time) to any three points in the United States to be chosen from Honolulu, Los Angeles, San Francisco, and New York and one other point to be selected by the Government of Australia (Australia North Pacific Route); and
  3. From Australia to Guam and the Commonwealth of the Northern Mariana Islands and beyond to any two points to be chosen from Tokyo, Nagoya, Fukuoka, Seoul, Taipei, Beijing and one additional point to be specified. The beyond points may be changed from time to time (Australia Guam and the Commonwealth of Northern Mariana Islands Route).
  4. From points beyond Australia via Australia and intermediate points to a point or points in the United States and beyond. (These rights are applicable only to all-cargo services.)
  5. Between the United States and any point or points. (These rights are applicable only to all-cargo services.)

VBIA initially plans to operate scheduled Australia-US services on the South Pacific route, utilizing B777-300 aircraft. Services are scheduled to commence in November 2008.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com

http://www.virginblue.com.au/

Index



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