OST Filings for March 17, 1999

OST Docket Filings for March 17, 1999

Last Updated 03/18/99 10:16 AM

Applications and Renewals:

Mexicana - Renewal of Exemptions

Answers and Replies:

America West - Comments of United to Air China Codeshare

Notices of Action Taken:

ALM | Malaysia

Notices and Orders:

None

ALM 1997 Airline N.V. d/b/a Air ALM

OST-99-5193

Filed March 3, 1999
Issued March 16, 1999

Notice of Action Taken

U.S.-Netherlands Codeshare with Air Aruba

Statement of Authorization under 14 CFR 212 of the Depariment's regulations to display Air Aruba's designator code on Air ALM's flights between Aruba-Curacao-Atlanta-Aruba-Curacao, effective through October 23, l 999.

By: Paul Gretch

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America West Airlines, Inc.

OST-99-5215

March 17, 1999

Comments of United Air Lines

Statement of Authorization - Codesharing with Air China

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In the Commercial Cooperation Agreement, dated August 11, 1998, between America West and Air China, the carriers have concluded an exclusivity provision. This provision appears in Section 10, p. 14 of the HP/CA Agreement. This exclusivity term is similar to that which appears in the NW/CA Agreement, Section 10.b, p. 18. In approving the NW/CA code-share arrangement the Department imposed a condition on the exclusivity provision. That condition was issued in a Notice of Action Taken in Docket OST-98-3901, dated October 16, 1998. The same relief requested by United with respect to exclusivity in the Northwest/Air China case should be adopted here. Specifically, the Department should allow carriers to enforce their exclusivity provisions as agreed without imposing conditions on them as it did in the cases of United/ANA and Northwest/Air China. If conditions are to be imposed, however, notwithstanding the foregoing, United urges that they be imposed consistently and that the condition imposed in the United/ANA case be modified to conform to that imposed in the Northwest/Air China case. The HP/CA exclusivity provision is also similar to the exclusivity provision contained in the Commercial Cooperation Agreement between Continental Airlines and Air China, dated August 11, 1998, Section 10.b., pp. 13- 14. The same relief requested by United with respect to exclusivity in the Northwest/Air China case should be adopted here. Specifically, the Department should allow carriers to enforce their exclusivity provisions as agreed without imposing conditions on them as it did in the cases of United/ANA and Northwest/Air China. If conditions are to be imposed, however, notwithstanding the foregoing, United urges that they be imposed consistently and that the condition imposed in the United/ANA case be modified to conform to that imposed in the Northwest/Air China case. As applied to the instant America West/Air China exclusivity clause, any condition should be consistent with that adopted in response to United's and Northwest's pending petitions in OST-98-3901.

Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com

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Compania Mexicana de Aviacion, S.A. de C.V.

OST-98-3571 OST-98-3591 OST-98-3719	March 17, 1999	Application for Renewal of Exemptions	Zacatecas-Oakland; Puerto Vallarta/Acapulco-Tampa; Puerto Vallarta-Baltimore
		Service List

(i) Zacatecas, Mexico and Oakland, California; (ii) Puerto Vallarta/Acapulco, Mexico and Tampa. Florida; and (iii) Puerto Vallarta, Mexico and Baltimore, Maryland/Washington, DC. The exemption for the first route expires March 23, 1999; the exemptions for the other routes expire on April 1, 1999 and April 29, 1999 respectively.

Counsel: Squire Sanders, Robert Papkin, 202-626-6601

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Malaysia Airlines

OST-99-5217

Filed March 10, 1999
Issued March 17, 1999

Notice of Action Taken

Malaysia via Dubai-New York

Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Malaysia, via the intermediate point Dubai, United Arab Emirates, and New York, NY. (This authority was last granted by Notice of Action Taken dated February 18, 1998, and confirmed by Order 98-3-22.)

By: Paul Gretch

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