Issued February 18, 1999
Notice of Action TakenHome | OST Filings by Number | OST Orders and Notices | OST Filings by Carrier
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OST Docket Filings for February 18, 1999 |
Last Updated 02/24/99 10:16 AM
Applications and Renewals:
Czech - Withdrawal of O'Hare Slot Application | Continental - Hungary Designation | Delta - US-Mexico Renewal
Form 41 Confidential Treatment:
Answers and Replies:
American Eagle - Answer of United | Northwest - US-Mexico Answer of United
Notices of Action Taken:
Aero Barloz | Aeromexico | American and JAL
Notices and Orders:
| OST-96-1625 | Filed January 15, 1999 Issued February 18, 1999 |
Notice of Action Taken |
Mexico-US Charters |
Exemption from 49 USC section 41301 to permit the applicant to continue to conduct passenger charter operations between Mexico and the United States, and other passenger charter operations in accordance with 14 CFR Part 212, using small equipment.
By: Paul Gretch
Aerovias de Mexico, S.A. de C.V.
| OST-96-1950 | Filed November 23, 1998 Issued February 18, 1999 |
Notice of Action Taken |
Culiacan-Los Angeles |
Exemption from 49 USC section 41301 to permit the applicant to continue to conduct scheduled, combination service between Culiacan, Mexico, and Los Angeles, California.
By: Paul Gretch
American Airlines, Inc. and Japan Airlines Co., Ltd.
| OST-99-4994 Undocketed |
Filed January 11, 1999 Issued February 18, 1999 |
 Notice of Action Taken |
Japan - U.S. (Scheduled), Codesharing Authority |
Exemption under 49 U S. C 40109 for American to provide the following service: Scheduled foreign air transportation of persons, property, and mail between:
- a point or points in Japan and a point or points in the United States, either nonstop or via an intermediate point or points in third countries;
- any two points in Japan, limited to traffic originating or terminating outside Japan;
- a point or points in the United States and a point or points beyond the United States; and
- a point or points in Japan and a point or points beyond Japan, on a blind-sector basis.Statement of Authorization under 14 CFR Part 212 for Japan Airlines to Display American Airlines' "AA" designator code on flights operated by Japan Airlines on all four routes described above.
Statement of Authorization under 14 CFR Part 212 for American Airlines (and its regional affiliates American Eagle Airlines and Executive Airlines d/b/a American Eagle) to: Display Japan Airlines' "JL" designator code on flights operated by American Airlines between the following:
- a point or points in the United States and a point or points in Japan, either nonstop or via an intermediate point or points in third countries;
- any two points in the United States, limited to traffic originating or terminating outside the United States;
- a point or points in the United States and a point or points beyond the United States.
Regarding the issues raised by United, we have granted the authority here subject to the standard conditions that we impose on statements of authorization. Furthermore, we have amended our standard conditions regarding the filing of 30-day notices for new code-share services (condition (2) below, applicable to the granted statements of authorization) to require that such notices be filed in the applicable application docket. As noted by the parties, the Department recently amended Part 212 to require that all code-share applications be filed in the public docket. The amended rule is effective February 22, 1999. Given the clear intent underlying this new rule, we will place the American/Japan Airlines code-share application in Docket OST-99-4994 and will require that all code-share notices filed pursuant to the authority granted here be filed in that docket.
By: Paul Gretch
| OST-98-4647 | February 18, 1999 | Consolidated Answer of United Air Lines |
High Density Rule - Chicago O'Hare |
United Air Lines, Inc. ("United") submits the following consolidated answer to the two Motions of American Eagle Airlines, :lnc. ("American") dated February 8, 1999, in the above captioned proceeding:
By its Motions, American seeks to amend its application for exemption slots to serve Chicago O'Hare-Greenville/Spartanburg in order to increase its request from three to five slots. In a separate motion, American also seeks an immediate decision granting its application as amended. American offers no new arguments in favor of either of its motions but merely repeats those which it has already made in its previous pleadings. United has consistently opposed American's request for exemption slots to serve Greenville/Spartanburg and has instead urged the Department to grant the competing application of Atlantic Coast Airlines, Inc., ("ACA") in Docket OST-98-3982 in which ACA seeks the same five exemption slots to serve the larger Chicago O'Hare-Savannah/Hilton Head market. United opposes American's February 8, 1999, motions for the same reasons already stated in its previous pleadings in this proceeding as well as in Docket OST-98-3982. United will not burden the record by repeating those arguments but adopts these previous pleadings by reference.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
Continental Airlines, Inc.
| OST-98-4929 | February 18, 1999 | Re: Application for an Exemption and Designation Request |
Paris-Budapest Codeshare with Air France |
Continental originally obtained this authority to secure the right to sell airline tickets and remit revenues in Hungary, but Continental is now planning to use its exemption authority for codesharing with Air France between the US and Hungary.
Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615, rbkeiner@cromor.com
| OST-96-1222 | February 18, 1999 | Motion for Confidential Treatment |
Motion of Continental Airlines Inc., for confidential treatment pursuant to rule 39. |
Continental moves that the documents submitted under seal with this motion be withheld from public disclosure pursuant to §302.39 for a period of at least 10 years.
By: Jennifer L. Vogel, Vice President, Legal, 713.324.5207
| OST-99-4998 | February 18, 1999 | Re: Withdrawal of Application |
High Density Rule - Chicago O'Hare |
On January 12, 1999, Czech Airlines (CSA) filed for an exemption so as to be able to reintroduce a twice weekly service between Prague and Chicago O'Hare, an HDR airport. That application is now pending. In the meantime, however, and contrary to prior assurances, it has proven impossible for CSA, in a timely fashion, to locate an aircraft configured and equipped comparably to the two aircraft CSA currently operates in its transatlantic services. As a consequence, CSA is lef1: With no option but to withdraw its application for an exemption and delay the reintroduction of its Chicago service by one more year. We would appreciate, therefore, if you would see to it that CSA's application for the summer of 1999 is withdrawn. CSA now expects that before the end of this year it will have available a suitable aircraft With Which it Will reopen its Chicago service in the spring of 2000.
Counsel: Allan Mendelsohn, 202-778-1233
| OST-97-2161 | February 18, 1999 | Application for Renewal of
Exemption Authority |
US-Mexico Exemption Renewal |
| Exhibit A: Renewal of Exemption Authority for Service between the Following City-Pairs | |||
| Service List |
Delta's original application in Docket OST-97-2161, filed February 27, 1997, included requests for exemption authority for the Miami-Cancun, New York-Cancun, and Dallas/Ft. Worth-Guadalajara (via Mexico City) routes, but the Department deferred action on these requests due to a lack of sufficient designations. In light of the Memorandum of Consultations signed by the United States and Mexico on January 29, 1999, which allows unrestricted beyond gateway code-share services and up to four code-share authorizations on U.S.-Mexico gateway-to-gateway routes, Delta respectfully requests that the Department grant these deferred authorities as soon as possible.
Order 97-6-26 also granted exemption authority to Delta for the Dallas/Ft. Worth-Ixtapa/Zihuatanejo route. By letter dated September 4, 1997, Delta notified the Department that it had discontinued service on this route. Thus, Delta is not herein seeking renewal of its Dallas/Ft. Worth-Ixtapa/Zihuatanejo exemption because the authority is dormant. The Department deferred action on Delta's request for Dallas/Ft. Worth-Guadalajara (via Mexico City) exemption authority. See Order 97-6-26.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-98-4832 | February 18, 1999 | Answer of United Air Lines |
US-Mexico Codeshare with Continental |
Northwest requests exemption authority in two additional U.S.-Mexico transborder city pairs served by Continental, New York/Newark-Mexico City and Houston-Cancun. Northwest also urges the Department to promptly grant all outstanding U.S.-Mexico code-share applications, including the applications filed by United and Compania Aviacion de Mexicana ("Mexicana"), pursuant to the new U.S.-Mexico annex on cooperative marketing agreements concluded January 26, 1999. United does not oppose grant of the authority sought by Northwest so long as the outstanding United/Mexicana applications are granted no later than that of Northwest. United has been seeking to expand its code-share operations with Mexicana for over three years, but the majority of United's application pending in Docket OST-97-3237 and a portion of its application pending in Docket OST-96-1988 have been deferred pending resolution of bilateral code-share issues.
United concurs with Northwest that the Department should promptly act on all pending U.S.-Mexico code-share applications. Because transborder code-share designations remain limited to four under the new agreement, however, the Department should approve United's long-outstanding applications no later than it acts on any other U.S.-Mexico code-share application. It would be both unfair and potentially prejudicial if the Department were to grant other outstanding requests before approving the United/Mexicana applications, particularly where, as here, several of the applicants request authority for the same transborder city pairs. United would be competitively disadvantaged if the Department were to enable other competitors to introduce new services in the U.S.-Mexico market before the Department grants the pending United/Mexicana applications.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com
| OST-96-1640 | February 18, 1999 | Motion to Withhold Information from Public Disclosure |
Motion of Southwest Airlines Co. to Withhold Information from Public Disclosure. |
Southwest requests the confidential treatment of all Form 41, Schedule B-7 filings with the Department of Transportation commencing with the Form 41, Schedule B-7 filing for the third quarter of 1998.
Counsel: Donald E. Hood, Esq., 214.792.4049
International Air Transport Association
| OST-99-5077 | Posted February 18, 1999 Approved February 5, 1999 |
Notice of Approval |
By: Paul Gretch
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