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OST Docket Filings for July 23, 2019

 

Applications and Renewals:

Volga-Dnepr - Wichita-Everett/Seattle or Spokane

Volkswagen AirService - EU-US Passenger Charters

Answers and Replies:

China Eastern Airlines and Aerolineas Argentinas - Motion of Aerolineas Argentinas for Expedited Action on Joint Application

Volkswagen AirService - Warsaw Agreement

Notices of Action Taken:

None

Notices and Orders:

Exemption from Tariff-Filing Requirements - Notice of Updated List

Expanded Cargo and Passenger Flexibility for Foreign Air Carriers at Puerto Rican Airports - Notice Extending Reply Period




China Eastern Airlines Corporation Limited and Aerolineas Argentinas S.A.

OST-2018-0141 - Statements of Authorization - China/Argentina-US Codesharing

July 23, 2019

Motion of Aerolineas Argentinas for Expedited Action on Joint Application for Statements of Authorization

The proposed codeshare involves service between Shanghai and Buenos Aires, connecting at John F. Kennedy International Airport. The codeshare will carry traffic between China and Argentina only - the United States will be used only as a transfer point.

Apparently, approval of the application is being delayed by an issue of interpretation arising under the US-China bilateral. That issue concerns whether the proposed service includes the involvement of a US carrier as stated in Article 11, Paragraph 5, of the Air Transport Agreement between the United States and China, signed on September 17, 1980. Aerolíneas believes Paragraph 5’s requirements are satisfied by the proposed service, and respectfully requests approval of the application.

Delta Air Lines codeshares with China Eastern on the PVG-JFK flights that are the subject of the application. Delta also codeshares with Aerolíneas on the JFK-EZE flights which would form part of the proposed service. Thus, Delta codeshares with China Eastern and Aerolíneas on the PVG-JFK-EZE routes covered by the pending application. The US carrier involvement contemplated by the US-China bilateral is present here, and Aerolíneas believes Paragraph 5’s requirements are met.

Counsel: Aerolineas Argentinas, Marcelo William Bottini, 305-266-1204

OST-2011-0065 - Delta and China Eastern - US-China Reciprocal Codesharing
OST-2011-0153 - Delta, Aerolineas Argentinas and Austral - US-Argentina Reciprocal Codesharing

http://us.ceair.com/en/
https://www.aerolineas.com.ar/

Index





Commonwealth of Puerto Rico

OST-2019-0085 - Exemption - Expanded Cargo and Passenger Flexibility for Foreign Air Carriers at Puerto Rican Airports

Served July 23, 2019

Notice Extending Reply Period

On July 3, the Commonwealth filed a motion under 14 CFR §302.9(a)(2) requesting an extension of time until July 30 to file a reply to ALPA. The Commonwealth contends that ALPA’s answer was filed after close of the answer period; that the process of collecting information from government officials and other interested parties in Puerto Rico complicates preparation of a reply for various reasons; and that this brief extension will not prejudice any party.

Answers to the motion of the Commonwealth were due by the close of business on July 15. ALPA and Mr. Irizarry filed in response, both indicating they had no objection to Puerto Rico’s request for an extension of the reply period provided that the new due date applies to all
potentially interested parties.

In the circumstances presented, we have decided to grant the extension requested by the Commonwealth. We find that the requested extension would not prejudice the interest of any party and would provide an opportunity for a more complete record in this proceeding.

Persons entitled to petition the Department for review of this action under the Department's regulations, 14 CFR §385.30, may file their petitions within seven days after the date of issuance of this document.

By: Brian Hedberg

Index





Exemption from Tariff-Filing Requirements

OST-1997-2050

Issued and Served July 23, 2019

Notice

The Department issued a final rule on July 21,1999, exempting US and foreign carriers from the statutory and regulatory duty to file international passenger tariffs with the Department, provided certain conditions set forth in 14 CFR Part 293.10 are met. On October 7, 1999, the Assistant Secretary for Aviation and International Affairs issued an initial notice under the rule specifying tariff-filing exemptions for markets that fall into Category A (no fare filing, except by carriers of Category C countries), Category B (filing “normal” one-way economy-class fares only, except that carriers of Category C countries must file all fares) or Category C (filing of all fares by all carriers).

On September 12, 2005, a notice was issued clarifying the Department’s policy regarding tariff filings with respect to countries listed in Category B and updating the list of tariff filing exemptions for additional country-pair markets to be added to Category A and Category B, taking into account factors set forth in 14 CFR 293.10.3 The Assistant Secretary has subsequently issued updated lists of additional country-pair markets to be added to the list of tariff filing exemptions in Category A and Category B.

The changes we are making in this notice reflect a review of each bilateral market considering these factors. The amendments reflect a change in the bilateral air service relationship between the United States and the listed countries with regard to the treatment of prices offered by the carriers of the Parties.

The inclusion of city-pair markets in any category does not preclude any additional conditions imposed by outstanding Department orders, presidential directives, sanctions, SFARs, and/or other US government regulations that affect fare filings or the sale of air transportation.

By: Brian Hedberg

Index





Volga-Dnepr Airlines LLC

OST-2019-0106 - Exemption - Wichita-Everett/Seattle or Spokane

July 23, 2019

Application for an Exemption

Volga-Dnepr Airlines LLC respectfully applies for an exemption pursuant to 49 USC §§ 40109(g) and 41703(c) to permit Volga-Dnepr to operate one one-way all-cargo charter flight utilizing Volga-Dnepr’s AN-124-100 aircraft to transport Spirit Aerosytems cargo (Boeing is the Consignee) between the following points:

  • Between Wichita, KS or McConnell Air Force Base, KS and Everett, WA //Seattle, WA or Spokane WA.

The flight will take place between July 24, 2019 and July 28, 2019.

The outsized cargo to be transported on this flight consists of one 777 Thrust Reverser weighing 4,000 lbs. (L-167” x W-140” x H-100).

Counsel: Volga-Dnepr, Mitch Dubner, 832-585-8611

http://www.volga-dnepr.com/

Index





Volkswagen AirService GmbH


OST-2019-0104 - Foreign Air Carrier Permit and Exemption - EU-US Charter Passenger

July 23, 2019

Application for a Foreign Air Carrier Permit and Exemption Authority

Volkswagen AirService GmbH hereby applies for a foreign air carrier permit to the full extent authorized by the Air Transport Agreement Between the United States and the European Community and the Member States of the European Community to enable it to engage in:

  1. foreign charter air transportation of persons and property from any point or points behind any Member State of the European Union via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond;
  2. foreign charter air transportation of persons and property between any point or points in the United States and any point or points in any member of the European Common Aviation Area;
  3. other charters pursuant to the prior approval requirements set forth in Part 212 of the Department’s Economic Regulations; and
  4. transportation authorized by any additional route rights made available to European Community carriers in the future.

Volkswagen further requests exemption authority under 49 USC § 40109 to the extent necessary to enable it to provide the services described above pending issuance of a foreign air carrier permit and such additional or other relief.

Counsel: Garofalo Goerlich, Jason Maddux, 202-776-3970




OST-1995-236 - Warsaw Agreements

July 23, 2019

Warsaw Agreement

Counsel: Garofalo Goerlich, Jason Maddux, 202-776-3970

https://de.wikipedia.org/wiki/Volkswagen_Airservice

Index


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