OST Filings for February 9, 2000

Aeromexico requests an exemption from 49 USC section 41301 to permit it to provide scheduled foreign air transportation of persons, property and mail, for a period of one year, between: 1) Mexico City, Mexico, and Chicago, Illinois; and 2) Guaymas, Mexico, and Los Angeles, California. Also, Aeromdxico requests a Statement of Authorization, under 14 CFR Part 212, to display Delta's designator code, for an indefinite period, on flights operated by Aeromexico in the Mexico City-Chicago and Guaymas-Los Angeles markets. Delta requests an exemption under 49 USC section 40109 to permit it to provide scheduled foreign air transportation of persons, property and mail, for a period of two years, in the Mexico City-Chicago and Guaymas-Los Angeles markets, only on flights operated by Aeromexico under the code-share agreement in effect between it and Aeromexico, and to combine this exemption authority with all of its existing certificate and exemption authority, consistent will applicable international agreements.

By: Paul Gretch

Index

Air China International Corp.

OST-00-6909	February 9, 2000	Application for a Statement of Authorization	US-People's Republic of China Codeshare with Northwest
		Service List

Counsel: Northwest and Air China, Megan Rae Rosia, 202-842-3193, megan.poldy@nwa.com

Index

America West Airlines, Inc.

OST-99-6594

Filed December 3, 1999
Issued February 9, 2000

Notice of Action Taken

U.S.- Netherlands/Belgium/ Switzerland

Scheduled foreign air transportation of persons, property, and mail between (1) Newark, New Jersey and Amsterdam, the Netherlands, (2) Newark, New Jersey and Brussels, Belgium, and (3) Newark, New Jersey and Zurich, Switzerland. America West intends to operate this service under a codeshare arrangement with Continental Airlines on flights operated by Continental. America West has requested this authority for an indefinite duration.

By: Paul Gretch

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American Airlines, Inc.

OST-96-1204	February 9, 2000	Application for Renewal of Exemption or Dismissal as Moot	Boston Paris
		Service List

American Airlines, Inc., under 49 USC 40109, hereby applies for renewal of its exemption, initially granted by Order 96-4-31, April 12, 1996, and renewed by Notice of Action Taken in this docket on April 15, 1998, authorizing American to engage in foreign air transportation of persons, property, and mail between Boston, Massachusetts and Paris, France.

In the alternative, American seeks the Department's concurrence that American can rely on its Boston-Paris certificate authority in Route 602, which was transferred to American from Trans World Airlines, Inc. by Order 91-4-47, April 24, 1991. If the Department so concurs, there is no need for American to hold a separate Boston-Paris exemption, and the Department should dismiss our renewal application as moot. When we sought Boston-Paris exemption authority in 1996, we already held Boston-Paris certificate authority in Route 602. Instead of applying for an exemption, we should have requested designation based on our then-dormant certificate authority. American has continuously provided nonstop service between Boston and Paris since May 1, 1996. We also note that on April 15, 1998, American applied for amendment of its certificate for Route 602 for authority to serve between any point in the United States and any point in France, consistent with the U.S.-France Memorandum of Consultations initialed on April 8, 1998 (OST-98-3742).

Counsel: American, Carl Nelson, 202.296.5647, carl_nelson@amrcorp.com

OST-98-3376	February 9, 2000	Application for Renewal of Exemption	U.S.- Warsaw, Poland
		Service List

Under this arrangement, the American designator code is displayed on LOT's nonstop flights between New York/Chicago and Warsaw, and LOT's designator code is displayed on American's flights between New York/Chicago and a number of U.S. points served by American or American Eagle.

Counsel: American, Carl Nelson, 202.296.5647, carl_nelson@amrcorp.com

OST-00-6901	February 9, 2000	Application for Exemption Authority	U.S.- Austria/Czech Republic via Zurich; Code-Share w/Swissair
		Service List

Under this arrangement, the "AA" designator code will be displayed on Swissair's flights between Zurich, on the one hand, and points in Austria and the-Czech Republic, on the other, connecting with flights operated by American or Swissair between Zurich and the United States.

Counsel: American, Carl Nelson, 202.296.5647, carl_nelson@amrcorp.com

OST-00-6903	February 9, 2000	Application for Code-Share Designation	U.S.- Romania via Zurich; Code-Share w/Swissair
		Service List

All four of the currently-available designations have been assigned, as follows: Delta/Swissair via Zurich; Northwest/KLM via Amsterdam; United/Lufthansa via Frankfurt and Munich; and Continental/Air France and Continental/Czech Airlines via Paris and Prague, respectively. See Order 99-329, March 31, 1999. However, the Delta/Swissair codesharing arrangement is ending, effective August 5, 2000. Moreover, the Continental/Air France arrangement ended last year, and Continental and Czech Airlines never implemented their proposed codesharing services to Bucharest. In these circumstances, two of the four U.S.-Romania third-country codesharing opportunities awarded by Order 99-3-29 should be reassigned.

Counsel: American, Carl Nelson, 202.296.5647, carl_nelson@amrcorp.com

Index

Atlantic Southeast Airlines, Inc.

OST-99-6475	February 9, 2000	Motion for Confidential Treatment	Form 41; Schedule B-7
		Service List

Counsel: Shaw Pittman, Nathaniel Breed, 202.663.8060

Index

Canadian Airlines International Ltd. and Air Canada

OST-00-6908	February 9, 2000	Joint Application for Statements of Authorization for Code-Share Service	U.S.- Canada
		Code-Share Agreement
		Appendix A: Other Carriers
		Appendix B: Station Procedures
		Appendix C: Reservation Procedures
		Appendix D: Revenue Accounting Procedures
		Service List

Some of the flights which Canadian proposes to codeshare with Air Canada also will be codeshared with American Airlines, pursuant to the Canadian/American Cooperative Service Agreement. Air Canada agreed that American and Canadian could continue to codeshare on flights they had been codesharing on as of the time of 853350's acquisition of Canadian as part of a negotiated settlement between Air Canada and American whereby American agreed to sell its interest in Canadian. Canadian and Air Canada desire to implement this codeshare arrangement on or about February 26, 2000, and request approval of this application no later than February 21, 2000 so that the carriers can commence advance marketing and sale of this codeshare service as well as implement the necessary schedule changes.

Counsel: GKMG Consulting, Anita Mosner, and Condon Forsyth, Evelyn Sahr

Index

Chartright Air, Inc.

OST-00-6885	February 9, 2000	Application for Exemption	U.S.- Canada
		Non-Consolidated Financial Statements Year Ended February 28, 1999
		Non-Consolidated Financial Statements Year Ended February 28, 1998
		Appendix A: License

Counsel: Chartright, Don Twiddy, 905.671.4674

Index

Rules of Practice in Proceedings

OST-97-2090

February 9, 2000

U.S. DOT/OST - Final Rule

Notice of Proposed Rulemaking

The Department is finalizing, with certain exceptions, a Notice of Proposed Rulemaking (NPRM) (62 FR 5094, Feb. 3, 1997) to revise 14 CFR part 302 in order to eliminate unnecessary verbiage and obsolete provisions and to make technical changes to make the rules current. The final rule also includes certain changes implementing the electronic filing component of the Department's Docket Management System (DMS). All reserved subparts are being removed, and the remaining subparts are being reorganized and renumbered to make their arrangement more logical and to emphasize procedures applicable to the much more commonly used written (as opposed to oral) proceedings. The rulemaking also adds procedures for slot exemptions at high-density airports. The NPRM proposed a number of changes in the time periods for filing responsive documents in licensing cases, which we are adopting. A number of commenter proposed further changes to the filing periods. Based on these comments, we have decided to re-evaluate all of the prescribed time periods in part 302 and will issue a supplemental notice of proposed rulemaking on this matter. In addition, as noted in the preamble to the NPRM, we are also amending those rules in 14 CFR Chapter II containing now incorrect references to specific sections in part 302. Finally, one provision in part 302 is being relocated to part 300, Rules of Conduct in DOT Proceedings Under This Chapter. The rule shall become effective on March 10, 2000.

By: Patricia Thomas

Index

Transpais Aereo, S.A. de C.V.

OST-96-1912

Filed January 19, 2000
Issued February 9, 2000

Notice of Action Taken

U.S.- Mexico

By: Paul Gretch

Index

United Air Lines, Inc. and British Midland Airways Ltd.

OST-00-6842 OST-00-6851	February 9, 2000	Consolidated Answer of American Airlines	U.S.- U.K.- Code-Sharing
		Service List

Unlike the United/British Midland requests, which, require substantial extrabilateral authority, the American/ British Airways application is entirely consistent with Bermuda 2. Moreover, in response to the staff's request for information of December 14, 1999, as modified by Order 2000-1-8, January 7, 2000, American and British Airways have submitted all required information. United and British Midland, by contrast, have yet even to provide their underlying codesharing and blocked-space agreements (see OST-00-6842, p. 3), which must be submitted under the Department's well-established practice. In the interest of even-handed procedural treatment, United and British Midland should also be required to respond to an evidence request similar to that imposed on American and British Airways before their request is considered.

Counsel: American, Carl Nelson, 202.296.5647, carl_nelson@amrcorp.com

OST-00-6842
OST-00-6851

February 9, 2000

Re: Continental's Intent to File Answer

U.S.- U.K.- Code-Sharing

Counsel: Crowell Moring, Bruce Keiner, 202.624.2500

OST-00-6842 OST-00-6851	February 9, 2000	Answer of Manchester Airport PLC	U.S.- U.K.- Code-Sharing
		Service List

The Airport wishes to emphasize that it does not habitually intervene in regulatory proceedings outside the United Kingdom. The Airport is filing this answer in part to demonstrate its support for the services proposed by British Midland and United, which include a United codeshare on nonstop Washington-Manchester and Chicago-Manchester services to be operated by British Midland, and in part to urge that disputes between the U.S. and U.K. Governments over access to Heathrow not be permitted to block the introduction of services between the United States and U.K. regional airports such as Manchester.

Counsel: GKMG Consulting, Anita Mosner

OST-00-6842 OST-00-6851	February 9, 2000	Re: Northwest Airlines Intent to File Consolidated Answer	U.S.- U.K.- Code-Sharing
		Service List

Counsel: Northwest, Megan Rae Rosia, 202.842.3193

OST-00-6842 OST-00-6851	February 9, 2000	Answer of Trans World Airlines	U.S.- U.K.- Code-Sharing
		Service List

Maintaining the status quo for U.S.-U.K. bilateral rights serves the public interest by allowing the Department an opportunity to assess the current U.K. position. without rewarding U.K. intransigence. Approving the applications of United and British Midland might send the unfortunate message that the Department. and its negotiating position. can be disregarded Without negatively impacting U.K. carrier interests. Moreover, approval of the instant applications might signal to other countries that the U.S. government can be dissuaded from its firm conviction that open skies should be vigorously pursued.

Counsel: Wicks Group, Glenn Wicks, 703.841.4665

Index

United States Travel Agent Registry

OST-00-6821

Served February 8, 2000

Notice to Grant Extension

Unfair and Deceptive Practices and Unfair Methods of Competition in the Sale of Air Transportation

By: Samuel Podberesky

Index

U.S.- China Air Services (2001)

OST-99-6323	February 9, 2000	Reply of Northwest and Motion for Leave to File	U.S.- China
		Service List

Northwest Airlines, Inc. submits this Reply to the Answer of Federal Express Corporation to the Petition of American Airlines, Inc. for Reconsideration of Order 2000-1-21. Because neither Order 2000-1-21 nor 14 C.F.R. § 302.37 contemplates the filing of replies to answers to petitions for reconsideration, Northwest respectfully requests leave to file this reply. As discussed below, although submitted in the form of an answer to American's Petition, Federal Express' pleading is in fact a separate and untimely petition for reconsideration, to which other parties should have an opportunity to respond.

In short, under the guise of filing an answer to American, Federal Express has submitted its own de facto petition for reconsideration. Order 2000-1-21 required the parties to file petitions for reconsideration within seven calendar days of the service of that order. If Federal Express wanted the Department to require the applicants to produce additional passenger data or additional cargo data, it could and should have submitted its request within that time frame. Federal Express' de facto petition, however, was filed well after the deadline expired. There is no legitimate justification for Federal Express' untimely request, and the Department should reject Federal Express' effort to have the Department impose new information requirements on the applicants.

Counsel: Northwest, Megan Rae Rosia, 202.842.3193

Index

1999 U.S.- Argentina Combination Service Case

OST-99-6210

Served February 11, 2000

Notice Confirming Extension of Rebuttal Date

U.S.- Argentina

On November 22, 1999, by Order 99-11-14, the Department instituted the captioned proceeding to select a carrier or carriers to use the 14 new frequencies that become available for U.S.-Argentina combination services beginning September i, 2000. Delta Air Lines, Continental Airlines and United Air Lines are applicants for the available frequencies. The instituting order also established procedural dates for the filing of the evidentiary material necessary for the Department to make its decision, calling for Direct Exhibits on January 10, 2000, Rebuttal Exhibits on February 7, 2000, and Briefs on March 6, 2000.

On January 14, 24, and 27, 2000, United filed revisions to the traffic forecast included in its Direct Exhibits. On February 2, Continental filed a motion requesting that the Department strike United's exhibits and dismiss its application based on the repeated revisions to its exhibits. Should the Department nonetheless accept United's exhibits and consider its application, Continental requests that the Department extend the date for filing Rebuttal Exhibits until February 10 to provide interested parties adequate time to rebut United's final forecast exhibit. United opposed Continental's request to strike its exhibits and dismiss its application, but did not object to Continental's request for additional time to file rebuttal exhibits. Delta took no position on Continental's request for dismissal, but opposed Continental's request to extend the procedural dates in this case, arguing that the delay would adversely affect the selected carriers' ability to promote the services properly before the new frequencies become available.

After careful consideration of Continental's motion, we decided to extend the date for filing Rebuttal Exhibits as Continental has requested, thereby affording all parties two full weeks to adjust their rebuttal exhibits to incorporate the latest revision filed by United on January 27. The extension requested was for a very short period and given the revisions by United to its exhibits, we found that the additional time was not unreasonable and that the. slight revision to the procedural schedule in this case properly balanced the interests of all parties to the proceeding. Given that the extension involves a period of only three additional days, we further decided that no other changes to the procedural schedule are necessary, and, thus, that the date that Briefs are due will remain March 6, 2000. We orally notified all parties to the proceeding of our decision on February 4, 2000, and we confirm that decision here.

By: Bradley Mims

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International Air Transport Association

OST-00-6891	February 9, 2000	Application for Approval of Agreements	PTC12 MEX-EUR 0029
		Memorandum: PTC12 MEX-EUR 0029
		Service List

By: David O'Connor

OST-00-6893	February 9, 2000	Application for Approval of Agreements	PTC COMP 0578
		Memorandum: PTC COMP 0578
		Service List

By: David O'Connor

Index