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OST Docket Filings for July 30, 2019

 

Applications and Renewals:

None

Answers and Replies:

EAS at Central and Circle, AK - Proposal of Warbelow's Air Ventures and Wright Air Service

EAS at Pueblo, CO - City of Pueblo in Support of SkyWest

Expanded Cargo and Passenger Flexibility for Foreign Air Carriers at Puerto Rican Airports - Consolidated Reply of Delta / Answer of the Transportation Trades Department, AFL-CIO / Answer to ALPA, AFA & Luis Irizarry of Jeronimo Lectora

Notices of Action Taken:

None

Notices and Orders:

EAS at St. Paul Island, AK - Extending Service Obligation (Ravn Alaska)

Ground Handling Operations of Foreign Air Carriers of India / Air India / Jet Airways (India) - Final Order (Imposing Reporting Requirements)

Revisions to Civil Penalty Amounts - Final Rule




Commonwealth of Puerto Rico

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


July 30, 2019

Consolidated Reply of Delta Air Lines

As Puerto Rico’s own filing makes clear, the requested flexibility is already allowed for carriers from countries with which the US has open skies agreements. ALPA’s Answer correctly explains that the proliferation of open skies and other more liberalized agreements, from 12 open skies partners when Alaska received its authority to 126 today, undercuts the claimed need for exemption authority. Indeed, all of the examples that Puerto Rico lists in its “air miles table” are open skies jurisdictions or have liberalized air service agreements with the US that obviate the need for additional authority. Further, each of the listed points, save Buenos Aires, serves as a hub for airlines that rely on underlying open skies agreements for much of their respective economic authority granted by the Department.

Delta also urges the Department to maintain its precedent and deny the proposal to expand transfer flexibility to passenger operations. For example, in 2006, Guam applied for similar cargo transfer authority to what Alaska and Hawaii had previously been granted by the Department. However, the Department declined to extend similar authority to passenger transfers, nor did it agree with the Guam Legislature’s push to have the Department approve cabotage operations. If the facts presented by Guam, thousands of miles more remote from the US mainland than Puerto Rico, did not warrant “broad passenger transfer authority” then it would be inappropriate to award that same authority to Puerto Rico at this time. Puerto Rico is located much closer to the US and has the added benefit of numerous potential additional open skies points to fuel increased air traffic.

If the problem facing Puerto Rican air service development is a lack of awareness regarding open skies policy, there is nothing preventing the Puerto Rican Government from promoting these benefits with prospective air carriers directly. Puerto Rico acknowledges that these transfer authorities are already available under applicable air service agreements, but the problem is rather that “many carriers don’t know the transfer flexibility exists”. However, as numerous carriers already make use of open skies authority in both Latin America and Europe, the markets specifically cited by Puerto Rico, it seems the longer play is to seek cabotage authority. Delta urges the Department to exercise vigilance on this subject and to continue to require that all cabotage continue to be approved only in the context of emergency operations. Puerto Rico’s attempt to encourage additional air service is admirable, however, this application should not be an end-run on long-standing Departmental policy. For these reasons, Delta opposes Puerto Rico’s Application.

Counsel: Delta, Christopher Walker, 202-2160-0700




July 30, 2019

Answer of the Transportation Trades Department, AFL-CIO

The Transportation Trades Department, AFL-CIO respectfully opposes the application of the Government of Puerto Rico for expanded cargo and passenger flexibility at Puerto Rican international airports. We appreciate Puerto Rico’s goal of expanding cargo and passenger air traffic to the island, and further agree that significant investments are needed in Puerto Rico’s aviation and other transportation infrastructure. However, the relief sought by Puerto Rico with this application is both unnecessary and potentially harmful to US aviation and its workers, including those in Puerto Rico.

As ALPA also stated, TTD is concerned that this application is the first step toward weakening US cabotage laws. TTD has long fought against efforts to relax U.S. cabotage laws in aviation as well as the maritime and rail sectors. Any efforts to do so in Puerto Rico or elsewhere would have severe effects on the competitiveness of US air carriers and harm their workforces.

While TTD understands the difficult economic circumstances facing Puerto Rico, we do not believe that providing this exemption is the appropriate solution. We further warn against any efforts to relax US cabotage laws or undermine US airline competitiveness. We therefore urge the Department to reject this application.

By: Larry Willis




July 30, 2019

Answer of Jeronimo Lectora to ALPA, AFA and Luis Irizarry

We respectfully ask DOT to grant requested exemptions to Puerto Rico. Also, we respectfully request that ALPA and AFA, because of the information presented here, recognize that their concerns will not happen at all, that they withdraw their opposition to Puerto Rico request and support the island in its efforts to develop an air hub. By developing this hub transfer platform on the island, they will expand ALPA and AFA goals, influence, and membership.

Puerto Rico is a sleeping American logistics giant in the Caribbean region. Waiting to recover its historical role in international logistics, dating back to the times of Spain, in its efforts to conquer the Caribbean and the Americas region. Puerto Rico, due to its strategic geographic position, was the last resupplying point between Latin America and Europe and the first contact point coming back. That explains the large Spanish military infrastructure construction in old San Juan. Although Puerto Rico was the smallest of the colonies but was the logistical key for the area and needed protection. So, we have to unleash Puerto Rico hands and give the island the opportunity to fight for its economic survival and release its logistical possibilities, by granting DOT expanded air cargo and passenger transfer authorities to level the playing field with nearby foreign competitors.

For the record, I do not work or represent the government of Puerto Rico. I represent a group of export executives and trade associations, that as myself are concern with what is happening in the Caribbean and Puerto Rico economic stagnation. We wanted to provide a view that takes into consideration the big picture scenario. A review on how all the elements of the Caribbean logistic connectivity argument are interpreted and interreact to US & Puerto Rico economic and geopolitical best interests.

By: Jeronimo Lectora, 787-307-1892

Index




Essential Air Service at Central and Circle, Alaska

OST-1998-3621


July 25, 2019

Proposal of Warbelow's Air Ventures

5 weekly Fairbanks-Central-Circle-Fairbanks
Aircraft: Piper Navajo Chieftain
Subsidy required: $318,536.80

By: Matthew Atkinson, 907-474-3520




July 25, 2019

Proposal of Wright Air Service

5 weekly Fairbanks-Central-Circle-Fairbanks
Aircraft: Cessna 208 Caravan or Piper Navajo Chieftain
Subsidy required: $180,000

By: Brett Carlson

Proposal of Tatonduck Outfitters d/b/a Everts Air Alaska - July 20

http://en.wikipedia.org/wiki/Central_Airport - Central Airport
http://en.wikipedia.org/wiki/Circle_City_Airport - Circle City Airport

Index





Essential Air Service at Pueblo, Colorado

OST-1999-6589

July 29, 2019

Re: City of Pueblo in Support of SkyWest Airlines

Since the last contract was awarded for EAS in Pueblo, our situation has improved dramatically. In calendar year 2018, Pueblo Memorial Airport enplaned more than 10,000 passengers for the first time
since 2012. This includes charter flights but is entirely dependent on the 9,298 passengers enplaned by SkyWest. This has allowed our community to qualify for a one-million-dollar entitlement grant under the Airport Improvement Program; a significant increase for infrastructure improvements at our airport. In addition, aircraft operations have increased to nearly 200,000 a year. Simply stated, aviation is growing in our community. To continue this growth, we recommend the three-year proposal of SkyWest

By: Mayor Nicholas Gradisar

http://www.flypueblo.com/ - Pueblo Memorial Airport

Index





Essential Air Service at St. Paul Island, Alaska

Order 2019-7-10
OST-2019-0038

Issued and Served July 30, 2019

Order Extending Service Obligation

By this Order, the US Department of Transportation extends the obligation of Corvus Airlines d/b/a Ravn Alaska to continue to provide Essential Air Service at St. Paul Island, Alaska, for an additional 30 days, through September 3, 2019.

By: Todd Homan

https://en.wikipedia.org/wiki/St._Paul_Island_Airport - St. Paul Island Airport

Index





Ground Handling Operations of Foreign Air Carriers of India / National Aviation Company of India Limited d/b/a Air India / Jet Airways (India) Ltd.

Order 2019-7-9
OST-2019-0066
OST-2007-0125 - Air India - India-US Open Skies
OST-2005-21135 - Jet Airways (India) - India-US Scheduled Passenger

Issued May 28, 2019 | Served July 30, 2019

Final Order

In light of the fact that no party filed an objection to the Department’s tentative decision (Order 2019-4-16), and of the continuing failure of the Government of India to allow US carriers to exercise their bilateral right to self-handle at airports in India, we have decided to finalize our tentative decision to amend the Air India and Jet Airways’ foreign air carrier permits to suspend the rights of those carriers to self-handle at US airports. We find that this action is required by the public interest.

With respect to the response of Kalitta, while the carrier itself acknowledges that its concern goes to a matter other than ground handling, we recognize the importance of all US carriers having the ability to exercise their bilateral rights, and all the more so in emergency circumstances. As we have advised the Government of India in the course of addressing the self-handling issue, we expect it to fully honor all of the bilateral rights provided for in the US-India Air Transport Agreement, including issues raised by US carriers unrelated to self-handling.

By: Joel Szabat

http://airindia.com/
http://www.jetairways.com/

Index





Revisions to Civil Penalty Amounts

Issued June 26, 2019 | On File at Federal Register July 30, 2019

Final Rule

As Published in Federal Register July 31, 2019

In 2016, OST and DOT’s operating administrations with civil monetary penalties promulgated the “catch up” IFR required by the 2015 Act. All DOT operating administrations have already finalized their “catch up” IFRs and this rule makes the annual inflation adjustment required by the 2015 Act.

The Department emphasizes that this rule adjusts penalties prospectively, and therefore the penalty adjustments made by this rule will apply only to violations that take place after this rule becomes effective. This rule also does not change previously assessed or enforced penalties that DOT is actively collecting or has collected.

OST 2019 Adjustments:

Description Existing Penalty New Penalty (Existing Penalty x 1.02522)
General civil penalty for violations of certain aviation economic regulations and statutes $33,333 $34,174
General civil penalty for violations of certain aviation economic regulations and statutes involving an individual or small business concern $1466 $1503

Civil penalties for individuals or small businesses for violations of most provisions of Chapter 401 of Title 49, including the anti-discrimination provisions of sections 40127 and 41705 and rules and orders issued pursuant to these provisions

$13,333 $13,669
Civil penalties for individuals or small
businesses for violations of 49 USC 41719 and rules and orders issued pursuant to that provision
$6666 $6834
Civil penalties for individuals or small
businesses for violations of 49 USC 41712 or consumer protection rules and orders issued pursuant to that provision
$3334 $3418

FAA 2019 Adjustments:

Description Existing Penalty New Penalty (Existing Penalty x 1.02522)
Interference with cabin or flight crew $35,000 $35,883
Permanent closure of an airport without providing sufficient notice $13,333 $13,669
Operating an unmanned aircraft
and in so doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort
$20,408 $20,923

By: Steven Bradbury

Index


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