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OST Docket Filings for August 1, 2019

 

Applications and Renewals:

Hainan Airlines - China-US Mail-Only Codesharing with Sky Lease Cargo Renewal

Sky Palace Airways - Foreign Subservice Charters (Europe; Mecca) / Interstate Passenger Charters

Answers and Replies:

Delta and AeroMexico ATI - Answer of Travel Fairness Now Opposing Motion to Amend Order 2016-12-13 / Confidentiality Affidavit of JetBlue

Expanded Cargo and Passenger Flexibility for Foreign Air Carriers at Puerto Rican Airports - Reply of Jeronimo Lectora to Response of Luis Irizarry

Helicopter Flight Services - DOT Granting Request for Extension of Time to File Responses to Request for Additional Information (Commuter Authority)

OneSky Aviation Services - Designation of Agent

Notices of Action Taken:

Delta - US-Argentina-Russia Codesharing with Aerolineas Argentinas, Austral and Aeroflot; US-Grenada

Delta and Aeroflot - US-Russia Codesharing

Delta / Aerolineas Argentinas / Austral - US-Argentina-Third Country Codesharing Renewal

Notices and Orders:

Delux Public Charter - Registration of Trade Name (JSX Air)

Transcarga Int'l - Denying Exemption (US-Venezuela Cargo Charters)




Commonwealth of Puerto Rico

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

August 1, 2019

Reply of Jeronimo Lectora to Response of Luis Irizarry

I have been studying these topics for years, I am not improvising here. In today's interconnected world, one piece of the international geopolitics puzzle is no longer an isolated element. All of them resonate and affect each other. You do not have to work for the government of Puerto Rico to try to do the best for the island and the nation as a private American citizen. In these difficult times for Puerto Rico, we need as responsible adults to forward workable thoughtful solutions, not insults.

By: Jeronimo Lectora

Response of Luis Irizarry - July 31

Index





Delta Air Lines, Inc.

OST-2011-0153 - US-Argentina Reciprocal Codesharing with Aerolineas Argentinas and Austral
OST-2007-26805 - US-Russia Codesharing with Aeroflot
OST-2009-0186 - US-Grenada

Filed June 13, 2019 | Issued August 1, 2019

Notice of Action Taken

OST-2007-26805 - Exemption for two years for:

Scheduled foreign air transportation of persons, property, and mail between (1) a point or points in the United States, on the one hand, and Kaliningrad, Russia; Khabarovsk, Russia; Magadan, Russia; Nizhniy Novgorod, Russia; Novosibirsk, Russia; Petropavlovsk-Kamchatski, Russia; Samara, Russia; Vladivostok, Russia; Yuzhno-Sakhalinsk, Russia; and Bishkek, Kyrgyzstan, on the other hand; (2) between a point or points in the United States, on the one hand, and Sochi, Russia; Chelyabinsk, Russia; Volgograd, Russia; Perm, Russia; Irkutsk, Russia; Ufa, Russia; Kazan, Russia; Yerevan, Armenia; and Baku, Azerbaijan, on the other hand; and (3) between Miami, Florida, on the one hand, and Moscow, Russia, on the other hand.

In Delta’s July 24, 2019 application in Docket OST-2007-26805, filed jointly with Aeroflot, Delta states that certain points were inadvertently omitted from its exemption renewal requests filed in that docket on June 17, 2015, and April 26, 2017. Specifically, the authority to serve (1) between a point or points in the United States, on the one hand, and Sochi, Russia; Chelyabinsk, Russia; Volgograd, Russia; Perm, Russia; Irkutsk, Russia; Ufa, Russia; Kazan, Russia; Yerevan, Armenia; and Baku, Azerbaijan, on the other hand, and (2) between Miami, Florida, on the one hand, and Moscow, Russia, on the other hand. Delta requests that the Department’s approval of this pending application include these omitted points along with those listed in the latest renewal action, Notice of Action Taken dated May 19, 2017, in Docket OST-2007-26805.

OST-2009-0186 - Dismissed as moot:

The US-Grenada Open-Skies Agreement entered into force on April 10, 2018, thus the exemption authority for which Delta seeks is subsumed by Delta’s blanket open skies certificate (see Order 2007-4-27). Subsequent to filing the instant application, Delta informally advised us that this portion of the exemption request could be dismissed.

OST-2011-0153 - Exemption for two years for:

Scheduled foreign air transportation of persons, property, and mail, on a codeshare-only basis on Aerolineas Argentinas S.A. and Austral Lineas Aereas-Cielos Del Sur S.A. flights, (1) between any points in the United States and four (4) points in Argentina, and beyond to any point or points in South America; (2) between any points in the United States and five (5) additional points in Argentina on a code-share basis only; and (3) scheduled foreign air transportation of persons, property, and mail between any points in the United States and five (5) additional points in Argentina on a codeshare basis only in conjunction with a designated airline of Argentina.

Delta’s previous exemption authority for the routes addressed in this NOAT lapsed when it did not seek timely renewal. Thus, although Delta styled its present application as a renewal request, the application in fact constitutes a request for new exemption authority. We also note in this regard that the corresponding statements of authorization granted to Aeroflot, Aerolineas, and Austral, respectively, also ceased to be in effect pursuant to our standard code-share conditions. See Appendix C, paragraph (a) in Notices of Action Taken dated December 6, 2013, in Docket OST-2007-26805 (Aeroflot), and December 20, 2011, in Docket OST-2011-0153 (Aerolineas and Austral). We are acting concurrently on the separate applications to reinstate the lapsed statements of authorization in the respective dockets. Our actions do not serve to insulate any of the carriers involved from any enforcement action which may be taken by the Assistant General Counsel for Aviation Enforcement and Proceedings.

By: Brian Hedberg

http://www.delta.com/

Index





Delta Air Lines, Inc. and Aeroflot Russian Airlines

OST-2007-26805 - Statements of Authorization and Related Exemption - US-Russia Codesharing

Filed July 24, 2019 | Issued August 1, 2019

Notice of Action Taken

Statements of authorization for the Joint Applicants in order to engage in the following codeshare services:

  1. The Joint Applicants request a statement of authorization pursuant to 14 CFR Part 212 to permit Aeroflot to display Delta’s “DL*” designator code on flights operated by Aeroflot (1) between a point or points in the United States, on the one hand, and St. Petersburg, Russia; Krasnodar, Russia; Koltsovo-Ekaterinburg, Russia; Sochi, Russia; Chelyabinsk, Russia; Volgograd, Russia; Perm, Russia; Irkutsk, Russia; Ufa, Russia; Kazan, Russia; Kaliningrad, Russia; Khabarovsk, Russia; Magadan, Russia, Nizhniy Novgorod, Russia; Novosibirsk, Russia; Petropavlovsk-Kamchatski, Russia; Samara, Russia; Vladivostok, Russia; Yuzhno-Sakhalinsk, Russia; Bishkek, Kyrgyzstan; Yerevan, Armenia; and Baku, Azerbaijan, on the other hand, and (2) between Miami, Florida, on the one hand, and Moscow, Russia, on the other hand; and
  2. The Joint Applicants request a statement of authorization pursuant to 14 CFR Part 212 to permit Delta and its connection carriers to display Aeroflot’s “SU*” designator code on flights operated by Delta between Aeroflot’s US gateways and Anchorage; Atlanta; Baltimore; Bangor; Boston; Buffalo; Charleston, South Carolina; Charlotte, North Carolina; Chicago; Cincinnati; Cleveland; Columbus; Dallas/Ft. Worth; Denver; Detroit; Honolulu; Houston; Huntsville; Indianapolis; Jacksonville; Las Vegas; Los Angeles; Miami; Minneapolis; Nashville; New Orleans; New York; Norfolk; Orlando; Philadelphia; Phoenix; Pittsburgh; Portland, Oregon; Raleigh-Durham; Richmond; Rochester, Minnesota; Salt Lake City; San Antonio; San Diego; San Francisco; Seattle; St. Louis; Syracuse; Tampa; Toledo; Washington, DC; Montreal, Canada; Quebec City, Canada; and Toronto, Canada. Delta also requests that its statement of authorization extend to its Delta Connection regional affiliates3 which operate service for Delta within North America.

Delta’s exemption authority in this Docket, among others, lapsed when the carrier did not seek timely renewal. In this regard, the corresponding statements of authorization held by Aeroflot in this Docket ceased to be in effect pursuant to our standard code-share conditions. See Appendix C, paragraph (a) in Notice of Action Taken dated December 6, 2013. Thus, although the Joint Applicants styled the present application as a renewal request, our action constitutes issuance of new statements of authorization. We are acting concurrently on Delta’s separate request to reinstate its expired exemption authority. Our actions do not serve to insulate the Joint Applicants from any enforcement action which may be taken by the Assistant General Counsel for Aviation Enforcement and Proceedings.

By: Brian Hedberg

http://delta.com
http://www.aeroflot.ru/

Index




Delta Air Lines, Inc., Aerolineas Argentinas, S.A. and Austral Lineas Aereas - Cielos del Sur, S.A. / Austral Lineas Aereas - Cielos del Sur, S.A.

OST-2011-0153 - Delta/Aerolineas Argentinas/Austral - US-Argentina Reciprocal Codesharing
OST-2011-0154
- Austral - Intra-Argentina Codesharing with Delta Air Lines

Filed July 24, 2019 | Issued August 1, 2019

Notice of Actions Taken

Statements of authorization for the Joint Applicants in order to engage in the following codeshare services:

  1. A blanket statement of authorization pursuant to 14 CFR Part 212 to permit Aerolineas to display Delta’s “DL*” designator code on flights operated Aerolineas (1) between points in the United States, (2) between points in the United States and points in Argentina, and (3) between points in the United States and points in third countries, pursuant to the US-Argentina Air Services Agreement;
  2. A blanket statement of authorization pursuant to 14 CFR Part 212 to permit Austral to display Delta’s “DL*” designator code on flights operated by Austral between (1) points in Argentina and; (2) points in Argentina and points in third countries; and
  3. A blanket statement of authorization pursuant to 14 CFR Part 212 to permit Delta and its connection carriers to display Aerolineas’ “AR*” designator code on flights operated by Delta (1) between points in the United States, (2) between points in the United States and points in Argentina, and (3) between points in the United States and points in third countries, pursuant to the ASA. Delta requests that its statement of authorization extend to its Delta Connection regional affiliates3 which operate service for Delta within North America.

Delta’s exemption authority in Docket OST-2011-0153, among others, lapsed when the carrier did not seek timely renewal. In this regard, the corresponding statements of authorization held by Aerolineas and Austral in the captioned dockets ceased to be in effect pursuant to our standard codeshare conditions. See Appendix C, paragraph (a) in Notice of Action Taken dated December 20, 2011, in Docket OST-2011-0153 (see also Notice of Action Taken dated September 14, 2018, in the captioned Dockets). Thus, although the Joint Applicants styled the present application as a renewal request, our action constitutes issuance of new statements of authorization. We are acting concurrently on Delta’s separate request to reinstate its expired exemption authority. Our actions do not serve to insulate the Joint Applicants from any enforcement action which may be taken by the Assistant General Counsel for Aviation Enforcement and Proceedings.

By: Brian Hedberg

http://www.austral.com.ar/
http://www.delta.com/
http://www.aerolineas.com.ar/

Index





Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.

OST-2015-0070 - Antitrust Immunity for Alliance Agreements


August 1, 2019

Answer of Travel Fairness Now Opposing Motion to Amend Order 2016-12-13

Regrettably, Delta and other legacy airlines have embarked on a campaign to impose restrictions on the online display of fare, schedule and availability information by third parties. Delta and other airlines are attempt ing to eliminate comparison shopping sites in an effort to force consumers onto their own websites, which only display their own flights and fares, regardless of whether prices are higher or flights are less convenient than what competitors offer. These airlines have taken additional steps to censor, suppress or block OTAs and metasearch providers from displaying many of the lowest, published and publicly available fare options and multiple-carrier itineraries that can provide the flying public with lower airfares and more convenient flights.

Travel Fairness Now urges the Department to deny the Joint Applicants' Motion to Amend Order 2016-12-13, which sunsets the Department's grant of antitrust immunity after five years (2021), requiring the Joint Applicants to submit a new application for antitrust immunity subject to a de novo review by the Department. It is critical that the Department thoroughly review public interest and competition issues before it agrees to extend antitrust immunity to the Joint Applicants' joint venture past 2021. As part of this review, the Department should inquire of the Joint Applicants whether any agreement for which these airlines seek approval and antitrust immunity directs or permits the parties to agree mutually to restrict the display and dissemination of schedule, fare or availability information to online travel agents and metasearch companies.

TFN believes that antitrust immunity for airline partnerships - including the joint venture between Delta and AeroMexico that is the subject of this proceeding - has made it more difficult for consumers to see all the airline, airfare and schedule options for more costly international travel, resulting in the flying public paying more and getting less. In fact, we are aware of cases where US airlines' most anti-consumer distribution practices have been extended to their partners once antitrust immunity has been granted, and, even before they have that approval

Protecting the public interest is required by statute for any grant of antitrust immunity to codeshare and joint venture agreements between and among US and foreign airlines. To satisfy this statutory mandate, the Department should determine that any existing or future grant of approval and antitrust immunity in this proceeding does not extend to any agreement or understanding between the Joint Applicants to constrain the direct or indirect distribution of airline information to the traveling public by any intermediary.

By: Kurt Ebenhoch

Motion of Delta and AeroMexico to Amend Order 2016-12-13 - July 3



August 1, 2019

Confidentiality Affidavit of JetBlue Airways
Robert Land

Counsel: JetBlue, Robert Land

Index






Delux Public Charter, LLC

Served August 1, 2019

Notice of Registration of Trade Name

On July 24, 2019, Delux Public Charter, LLC, a US commuter air carrier (Order 2016-5-2), requested that the Department register the trade name “JSX Air” for use in certain of its air transportation operations. Since Delux has complied with the requirements of Part 215, we acknowledge the registration of the trade name “JSX Air” by Delux for use in its operations.

Delux currently operates using the trade name “JetSuiteX Air.” The company intends to rebrand “JetSuiteX Air” as “JSX Air.”

By: Todd Homan

https://www.jetsuitex.com/

Index




Hainan Airlines Holding Co., Ltd.

OST-2018-0111 - Statement of Authorization - China-US Mail-Only Codesharing with Sky Lease Cargo

August 1, 2019

Application for Renewal of a Statement of Authorization

Hainan requests a renewed statement of authorization of indefinite duration permitting it to display Sky Lease’s designator code for the purpose of transporting US mail on Hainan’s services over the routes authorized pursuant to Hainan’s foreign air carrier permit under a codeshare agreement with Sky Lease.

Counsel: Pillsbury Law, Josh Romanow, 202-663-9264

OST-2011-0092 - Sky Lease I - US-China All-Cargo
Order 2019-6-14
- Hainan Airlines - Final Order - China-US

https://www.hainanairlines.com

Index





Helicopter Flight Services, Inc.

OST-2019-0063 - Scheduled Commuter Authority - Downtown Manhattan Heliport-East Hampton

August 1, 2019

DOT Granting Request for Extension of Time

This letter references to your letter dated July 31, 2019, wherein you submitted a request to the Department on behalf of Helicopter Flight Services, Inc., requesting a 30-day extension to file a response to our additional information request dated July 2, 2019. We grant HFS a 30-day extension, that is, by September 3, 2019, to file response to the additional information that were requested by letter dated July 2, 2019.

By: Lauralyn Remo

https://heliny.com

Index





OneSky Aviation Services SpA

OST-2002-12556 - Designation of Agent

July 29, 2019

Designation of Agent

Counsel: KMA Zuckert, David Endersbee

Index





Sky Palace Airways, Inc.


OST-2019-0109 - Certificate of Public Convenience - Foreign Subservice Charters (Europe; Mecca)

August 1, 2019

Application for a Certificate of Public Convenience and Necessity

Sky Palace Airways hereby applies for a Certificate of Public Convenience and Necessity authorizing it to conduct foreign charter air transportation of persons, property and mail with large aircraft.

Sky Palace Airways was established in 2018 by Tampa, Florida insurance executive and investor Hitesh (John) Adhia, in conjunction with noted surgeon and philanthropist Dr. Kiran Patel. The carrier's purpose is to bring much needed lift to the passenger charter and ACMI sectors of the industry, at extremely reasonable costs. The carrier's founders and their investors - largely drawn from the Florida Indian-American community - have put a premium on ensuring generous funding and extremely experienced professional management, avoiding the pitfalls of many startup carriers, particularly in this sector of the industry.

Sky Palace plans to provide its services to other air carriers as well as charter operators and private organizations around the world on an ACMI or full-charter basis. Its focus will be on establishing long-term working relations with those clients. There is currently a significant demand for "subservice" transport in the passenger sector, and a dearth of carriers able to provide this service. The demand has been exacerbated by delays in the delivery of Boeing 787 aircraft. Sky Palace believes that its very lean structure and extremely low costs will enable it to offer the most competitive ACMI and full-charter rates available. Sky Palace will also engage in contracts for the annual Hajj charters, intermittent Umrah pilgrimages to Mecca, as well as the European tour operator business. The carrier expects that it will secure contracts guaranteeing 240 hours of revenue flying per month for each aircraft. (In order to ensure that its forecasts are conservative, only 150 monthly hours of charter service per aircraft are assumed, which excludes the anticipated Hajj charters.)

The carrier has planned a startup date of January 2020.

Sky Palace plans to operate two Boeing 777-200 aircraft during the first 12 months of operation. Suitable aircraft have been located and terms have been negotiated with the sellers. A second aircraft will be purchased in May 2020, and begin operations in June of that year. Additional aircraft will be brought into the fleet in subsequent years.

Counsel: Cozen O'Connor, Mark Atwood, 202-463-2513




OST-2019-0110 - Certificate of Public Convenience - Interstate Charter Passenger

August 1, 2019

Application for a Certificate of Public Convenience and Necessity

Sky Palace Airways hereby applies for a Certificate of Public Convenience and Necessity authorizing it to conduct interstate charter air transportation of persons, property and mail with large aircraft.

By a separate application filed contemporaneously, Sky Palace has requested authority to operate passenger combination service in foreign air transportation. By this Application, the carrier requests equivalent authority in interstate air transportation.

Counsel: Cozen O'Connor, Mark Atwood, 202-463-2513

Airline Startup of The Week; Sky Palace Airways, Simple Flying, August 3, 2019

Index





Transcarga Intl. Airways, C.A.

Order 2019-8-1
OST-2019-0072
- Suspension of Air Service to and from Venezuela

Issued and Served August 1, 2019

Order Denying Exemption

On June 5, 2019, Transcarga Intl. Airways, C.A., a foreign air carrier of Venezuela, filed an application requesting an exemption under 49 USC § 40109 to the extent necessary to enable it to engage in charter (non-scheduled) foreign air transportation of cargo and mail between a point or points in Venezuela, on the one hand, and a point or points in the United States of America, via intermediate points. TIACA requests that this exemption be granted during the validity of Order 2019-5-5, and requests prompt approval so that cargo operations could be resumed without delay for the public interest.

We have decided to deny TIACA’s application. As we stated in Order 2019-5-5 and reiterated in the background section of this Order, our action to suspend foreign air transportation to/from Venezuela was prompted by a letter from DHS to the Department in which DHS stated its determination that “conditions in Venezuela threaten the safety and security of passengers, aircraft, and crew traveling to or from that country, and that the public interest requires an immediate suspension of all commercial passenger and cargo flights between the United States and Venezuela." (We note that, in its letter to the Department, DHS specifically identified TIACA as one of the carriers with service to Venezuela that would be affected by the service suspension)

While we have taken note of the cargo screening mitigation efforts proposed by TIACA, the DHS letter and Order 2019-5-5 make clear that the conditions in Venezuela that led to the service suspension go well beyond that sole issue. Indeed, as is evident from the discussion above, the letter and order identify numerous other factors that prompted the DHS position and the Department’s action.

We are not aware of any changes in the conditions in Venezuela since the issuance of Order 2019-5-5 that would support a decision to deviate from the terms of that order. Nor have we been so advised by DHS or the Department of State. Against this background, and taking into account all the circumstances presented, we find that TIACA has not provided a persuasive basis for us to deviate from the service suspension put in place by Order 2019-5-5, and we are therefore denying its request for an exemption from that order.

By: Joel Szabat

http://www.transcarga.aero/

Index


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