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OST Docket Filings for August 8, 2019


Applications and Renewals:

Suparna Airlines f/k/a Yangtze River Express - China-US Mail-Only Codesharing with Sky Lease Renewal (Chicago-Shanghai)

Answers and Replies:

2019 SCASD - Support Letters by State

EAS at Hana, HI - Comments of Makani Kai Air

EAS at Owensboro, KY - Request of Cape Air to Modify EAS Flight Destinations

EAS at Pellston, MI - Proposal of SkyWest

EAS at Quincy, IL - City of Quincy in Support of Cape Air

EAS at Victoria, TX - Request of Boutique Air for Dual Aircraft Utilization

Expanded Cargo and Passenger Flexibility for Foreign Air Carriers at Puerto Rican Airports - Comments of Luis Irizarry / Supplemental Reply of the Commonwealth of Puerto Rico

Polynesian d/b/a Samoa Airways - Extension Request (Pago Pago-Manu'a Islands)

Reciprocity Confirmations - Confirmation of Canadian Transportation Agency

Notices of Action Taken:


Notices and Orders:

EAS at Owensboro, KY - Approving Alternate Service Pattern (Owensboro-Nashville/St. Louis)

Eurowings Europe - Final Order (Long-Term Wet-Lease for Within-Europe Codesharing with United)

Interim Statement of Enforcement Priorities Regarding Service Animals - Final Statement of Enforcement Priorities

2019 Small Community Air Service Development Program



Letters in Support of Idaho Falls, ID:

Proposal of Idaho Falls, ID

North Carolina

Letters in Support of Jacksonville, NC:

Proposal of Jacksonville, NC


Letters in Support of Klamath Falls, OR:

Proposal of Klamath Falls, OR



Letters in Support of Killeen/Fort Hood, TX:

Propoasl of Killeen, TX


Commonwealth of Puerto Rico

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

August 8, 2019

Comments of Luis Irizarry

Mr. Lectora:

Your comment below:

"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." I do not work nor ever want to work for this corrupt government, do you?

Violating our Constitution. This is the only place in the world that had 3 or maybe 4 governors in less than a month. What kind of stability, security, the government can provide to investors or companies that may want to come here? None.

I am not insulting you nor anyone but it is clear the ones that insult us, our intelligence, is the government of Puerto Rico,  and yourself who are insulting me and the ones that want to support this application. 

Mr. Lectora, it will be good to see what is going to happen if the Department approved the application, how many foreign carriers are you going to bring to Puerto Rico? You said that had studied for many years this issue, how many carriers did you brought to Puerto Rico to do business during those years? 

What solutions did you provided to the Government to solved the Puerto Rico economic conditions? 

Mr. Lectora, who in fact insulted me was you, when in your phone call to my office, you asked me to talked to my clients to  withdraw our opposition, that was an insult and lack of respect to me and my clients. I am a very ethic person, very responsible to my clients, very respectfully to the laws and more I do not sell myself for peanuts, high moral character.

Mr. Lactora, I provide services to over 35 companies, Local Air Carriers, Foreign Air Carriers, Repair Stations, Flight Schools, Municipalities, teaches in one of the highest higher education university. I do bring business to Puerto Rico, I do create jobs,  I do resolved problems to my Island.

By: Luis Irizarry

August 8, 2019

Motion of the Commonwealth of Puerto Rico for Leave to File and Supplemental Reply

Delta and the AFL-CIO filed their responses exceptionally late, without explanation or leave to file, and without Puerto Rico’s knowledge that such documents would be filed. Accordingly, should the Department accept these two filings for inclusion in the record, Puerto Rico submits good cause exists for Puerto Rico to file this Supplemental Reply to address these unauthorized responses to its Application.

Nothing in the two unauthorized filings offer any basis for approval of Puerto Rico’s request for granting foreign carriers passenger and cargo transfer flexibility at its international airports – action which is strongly in the public interest. The requested order will provide Puerto Rico significant opportunities as well as benefit the entire United States and provide US air carriers with additional interline traffic opportunities. Importantly, grant of this application will bolster US presence and influence in the Caribbean and Latin America and counteract the intrusion of nations, such as Venezuela, Cuba, and China, with interests adverse to the United States in the region.

Puerto Rico’s Application clearly is not seeking an exemption to cabotage restrictions: “We emphasize that grant of the Application will not enable any foreign carrier to engage in cabotage operations of any kind.” Both Delta and the AFL-CIO wrongly project the Application is a step towards a cabotage exemption. Yet neither Delta nor the AFL-CIO provide any evidence in support of their incorrect argument. The Department has no statutory authority to grant cabotage. Since Puerto Rico does not seek an exemption authorizing cabotage, the Department should disregard the Delta and AFL-CIO objections.

The requested order will help Puerto Rico promote, market and take advantage of its unique geographic location and available capacity to serve as a US cargo and passenger hub in the Caribbean for traffic moving between Europe and Latin American - traffic now being diverted to other countries. Moreover, the requested exemption will help Puerto Rico strengthen its position in the Caribbean to counter extensive foreign efforts to capture passenger and cargo market share including between Europe and Central and South America. Importantly through this success, Puerto Rico will generate new interline traffic for US carriers, moving between Puerto Rico and the continental United States as well as to Latin America and Europe.

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


Essential Air Service at Hana, Hawai'i


August 7, 2019

Comments of Schuman Aviation Company d/b/a Makani Kai Air

Thank you for forwarding the letter signed by Maui Mayor Victorino. There are some factual errors contained therein as well as some shaky logic I’d like to bring to your attention.

The sentence, “Neither the County of Maui nor the Hana Community waives its rights to have two pilots as part of Basic Essential Air Service,” is a pretty broad statement, considering that we’ve spoken to many Hana residents who would very much like Makani Kai Air to provide their air service instead of Mokulele. Did Mr. Victorino take a vote of the residents?

Plus, not to put too fine a point on it, because we bid zero dollars for the contract, we are not beholden to whatever “rights” Mr. Victorino is alluding to and I have never seen a Hawaii EAS requirement for two pilots. I have no problem with Mokulele’s business model of allowing 250 plus hour pilots sitting in the right seat to build time and experience That’s great, looks safer, must be. The fact is that Makani Kai Air hires the best and most experienced pilots we can. We pay our pilots considerably more than Mokulele pays their pilots.

Paragraph four in Mr. Victorino’s letter made me laugh. Specifically, that Makani Kai’s selection as Hana’s air carrier would place a “sever strain” on the tourism industry and that Hana’s inbound count will “decline precipitously.” What hogwash. Next Mr. Victorino will be blaming Makani Kai for a rise in Socialism. Spoken like a true politician.

Meanwhile, Victorino’s council, his partners and his constitutes are trying to figure out ways to reduce, restrict, minimize and control the number of visitors into Hana because of the increased traffic and “over tourism” to Maui. Don’t take my word for it. If you’re interested, just Google it.

The fact is this: Makani Kai Air has proven itself a worthy competitor for Mokulele. We’ve managed to build our market share on Molokai and on Maui at Mokulele’s expense precisely because we offer a reliable, convenient and comfortable alternative to Mokulele, and manage to do that at a lower airfare.

By: Richard Schuman - Hana Airport


Essential Air Service at Owensboro, Kentucky


August 2, 2019

Request of Cape Air to Modify EAS Flight Destinations

After discussion and agreement with the Owensboro, Kentucky community, Hyannis Air Service, Inc. dba Cape Air requests authority to switch up to two of Owensboro's three daily Essential Air Service (Docket OST-2000-7855) round trips from serving St. Louis to serving Nashville International Airport, effective October 1, 2019 through the duration of the current EAS contract which is scheduled to end December 31, 2019. Cape Air proposes this change with no change to the rate of EAS subsidy.

By: Andrew Bonney

Order 2019-8-7


Issued and Served August 8, 2019

Order Approving Alternate Service Pattern

By this Order, the United States Department of Transportation is approving the request of Hyannis Air Service, Inc. d/b/a Cape Air to change its Essential Air Service pattern at Owensboro, Kentucky, effective October 1, 2019. Cape Air will provide Owensboro 14 nonstop round trips from Nashville International Airport, and 7 nonstop round trips to St. Louis-Lambert International Airport, for a total of 21 round trips per week. There is no change to the annual subsidy or the contract end dates of Cape Air’s term at Owensboro.

By: Todd Homan - Owensboro-Daviess County Regional Airport


Essential Air Service at Pellston, Michigan


August 5, 2019

Proposal of SkyWest Airlines

12 weekly Pellston-Detroit
Aircraft: CRJ-200
Subsidy required: $1,724,962

By: Greg Atkin - Pellston Regional Airport


Essential Air Service at Quincy, Illinois


August 5, 2019

City of Quincy in Support of Cape Air

The City of Quincy and Quincy Regional Airport received four proposals for Essential Air Service to Quincy Regional Airport. After several weeks of review, meetings, and community input, the Aeronautics Committee unanimously voted to support Cape Air's third option proposing equal service from Quincy Regional Airport to both Chicago O'Hare and St. Louis Lambert for a term of two years.

Reliability offlights out of Quincy was crucial to the city's decision. The current service provided by Skywest, though beneficial, has been marred by low performance in areas such as on-time departures and cancellations. Upon further research, we believe Cape Air's implementation of several programs that solve reliability issues, especially those that arose several years ago while Cape Air was providing service to Quincy Regional Airport, have proven to be effective and will better-serve Quincy Regional Airport.

By: Mayor Kyle Moore - Quincy Regional Airport


Essential Air Service at Victoria, Texas


July 31, 2019

Request of Boutique Air for Dual Aircraft Utilization

I am writing to inform you to formally request that with the support of the Victoria community Boutique Air be permitted to fly twin King Air aircraft as well as single engine PC12 aircraft at rates per our bid.

The reason for this request is that our King Air aircraft have proven less reliable than anticipated and we want to continue to support the community with reliable air service by supplementing our King Air planes with PC12 aircraft as necessary.

By: Shawn Simpson - Victoria Regional Airport


Eurowings Europe GmbH

Order 2019-8-5
OST-2019-0030 - Exemption, Foreign Air Carrier Permit and Statement of Authorization - Long-Term Wet-Lease to Eurowings for Within-Europe Codesharing with United Airlines

Issued June 5, 2019 | Served August 8, 2019

Final Order

By Order 2019-5-11, issued on May 14, 2019, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 USC §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Brian Hedberg


Interim Statement of Enforcement Priorities Regarding Service Animals


Issued August 8, 2019

Final Statement of Enforcement Priorities

The purpose of this Final Statement is to provide the public with greater transparency with respect to the Enforcement Office’s interpretation of existing requirements and its exercise of enforcement discretion surrounding service animals. Our enforcement efforts will be focused on clear violations of the current rule that have the potential to impact adversely the largest number of persons. These determinations will be made on a case-by-case basis.

This guidance is not legally binding in its own right and will not be relied on by the Department as a separate basis for affirmative enforcement or other administrative penalty. Conformity with this guidance (as distinct from existing statutes and regulations at Part 382) is voluntary only, and nonconformity will not affect rights and obligations under existing statutes and regulations.

As a matter of enforcement discretion, we intend to refrain from taking enforcement action with respect to the issues set forth in this Final Statement for a period of up to 30 days from the date of publication so long as the airline demonstrates that it began the process of compliance as soon as this notice was published in the Federal Register. This timeframe should provide airlines with adequate time to review and revise their policies as needed to comply with the ACAA and the Department’s disability regulation.

  1. Species and Breed Restrictions
  2. Number Restrictions
  3. Weight Restrictions
  4. Age Restrictions
  5. Flight-Lenght Restrictions
  6. Proof that an Animal is a Service Animal
  7. Documentation Requirements
  8. Lobby Verification
  9. Advance Notice/Check-In
  10. Containment

By: James Owens


Polynesian Limited d/b/a Samoa Airways

OST-2014-0144 - Emergency Exemption - Pago Pago-Manu'a Islands

August 8, 2019

Extension Request of Samoa Airways

Polynesian Limited d/b/a Samoa Airways hereby confirms that it requests extension of its current cabotage approval through February 7, 2020.

Counsel: Pillsbury Law, Charles Donley, 202-663-8448


Reciprocity Confirmations


August 7, 2019

Re: Confirmation of Canadian Transportation Agency

This letter confirms that the Canadian Transportation Agency considers applications by United States air carriers for approval to operate charters to and from Canada, including charters between Canada and third countries, in accordance with the provisions of the Air Transport Agreement between Canada and the United States of America, signed March 12, 2007 (Agreement). In addition, as established in the Agreement, charter services not specified in the Annex to that Agreement, are considered on the basis of comity and reciprocity.

By: Chun Huang


Suparna Airlines Company LImited f/k/a Yangtze River Express Airlines Co., Ltd.

OST-2018-0105 - Statement of Authorization - China-US Mail-Only Codesharing with Sky Lease

August 8, 2019

Application for Renewal of a Statement of Authorization

Suparna 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 Suparna’s services in both directions in the Chicago-Shanghai market under a codeshare agreement with Sky Lease. Suparna requests renewal of its Statement of Authorization for an indefinite period.

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


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