OST Filings for March 22, 2000

OST Docket Filings for March 22, 2000

Last Updated 03/22/00 08:07 PM

Applications and Renewals:

Delta - Beyond Perimeter Slot Exemptions/DCA-Salt Lake | United - U.S.- Brazil

Answers and Replies:

American/Aer Lingus (2)- Consolidated Replies | Midway - Motion/Answer of America West

Notices of Action Taken:

Continental | Thai Airways | US Airways

Notices and Orders:

None

Aer Lingus Limited and American Airlines

OST-00-6726 OST-00-6728	March 22, 2000	Consolidated Reply of Aer Lingus HTML	Baltimore- Shannon/Dublin
		Attachment 1: Joint Application of Delta and Aer Lingus for Renewal of a Statement of Authorization 3/08/99
		Attachment 2: Joint Application of Delta and Aer Lingus for Renewal of a Statement of Authorization 2/02/96
		Attachment 3: Joint Application of Delta and Aer Lingus for Renewal of a Statement of Authorization 2/16/96
		Service List

At the outset, it should be noted that the arguments presented by Delta in its Consolidated Answer are inconsistent with arguments that Delta presented to the Department of Transportation merely one year ago. For example, in March 1999, Delta sought an extension for Department approval of the code-share arrangement Delta had at that time with Aer Lingus. Specifically, in its March 1999 submission, Delta claimed that renewal of the Delta/Aer Lingus code-share authority would be in the public interest since, under the agreement, Delta was able to initiate daily, non-stop service between New York and Shannon as well as between New York and Dublin. (Delta Joint Application for Renewal at 2-3. Further, Delta claimed that the traveling public benefits from competitive service "on these important U.S.-Ireland routes." Therefore, not long ago, Delta claimed that service to Ireland pursuant to a code-share arrangement with a U.S. air carrier, including service to Shannon, was a valuable service that benefitted the public. This is completely inconsistent with its present position with regard to Aer Lingus's proposed code-share arrangement with American Airlines, Inc.

Counsel: Robins Kaplan, Harold Mesirow, 202.736.2700

OST-00-6725 OST-00-6726 OST-00-6728	March 22, 2000	Consolidated Reply of American Airlines HTML	Baltimore- Shannon/Dublin
		Service List

American wishes to address certain extraneous comments made by United and Continental. These comments are without merit, and provide no basis for the Department to reject the proposed Aer Lingus/American codeshare.

Counsel: American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

Index

Continental Airlines, Inc.

OST-96-1300
OST-96-1368

Filed February 22, 2000
Issued March 22, 2000

Notice of Action Taken

Houston- San Jose del Cabo

By: Paul Gretch

Index

Delta Air Lines, Inc.

OST-00-7118	March 22, 2000	Application for Exemptions Scanned Copy	High Density Rule - Beyond Perimeter Slot Exemptions - Washington National - Salt Lake City
		Exhibit DL-101: Proposed Service
		Exhibit DL-102: Delta's SLC Size and Scope
		Exhibit DL-103: Excerpts form Congressional Record
		Exhibit DL-200: Service Benefits
		Exhibit DL-201: Cities Provided Service
		Exhibit DL-202: Cities with First One-Stop Service to DCA
		Exhibit DL-203: Competitive One-Stop Service
		Exhibit DL-204: Improved Time Cities
		Service List

Delta proposes to operate twice daily nonstop roundtrip service between Salt Lake City and National Airport with Boeing 757 Stage-3 aircraft equipped with 183 seats. Eastbound, Delta will offer two flights daily departing from Salt Lake City -- one in the morning at 10:15 a.m., with a late afternoon arrival at DCA at 4:18 p.m., and a second flight departing SLC at 2:20 p.m., arriving at DCA 8:20 p.m. Westbound, Delta will offer an early morning departure from DCA at 7:35 a.m., arriving at SLC at 10:03 a.m., and a late afternoon departure from DCA at 6:15 p.m., arriving at SLC at 8:58 p.m. These flights are spaced throughout the day to provide the most convenient arrival and departure times both for business and leisure passengers, and importantly, to maximize connections at Salt Lake City to dozens of small and medium sized communities in the western United States.

While Delta would prefer to operate more than two daily flights between SLC and DCA, with only 12 exemptions available under the AIR 21 Act, the Department should not allocate a disproportionate number of slots (i.e. more than four) to one airline. Delta has therefore presented a measured proposal that will provide a balanced service pattern of two daily roundtrip flights, enabling Delta to maximize service convenience both in the large local SLC-DCA city-pair, as well as to scores of communities connecting at Delta’s extensive Salt Lake City hub.

Counsel: Shaw Pittman, Robert Cohn, 202.663.8060

Index

Midway Airlines Corporation

OST-00-6970	March 22, 2000	Motion for Leave to File and Answer of America West HTML	Raleigh/Durham- LaGuardia
		Service List

America West agrees with Midway that the objections raised by the Office of the Queens Borough President are without merit and America West has no objection to approval of Midway's request so long as America West's previously filed request for slot exemptions to continue its LGA service to Columbus, Ohio is also granted. Air 21 makes significant substantive changes to the statutory provisions governing the allocation of exemption slots at LGA that will enable the Department to approve the applications of both America West and Midway. First, Air 21 redefines the terms new entrant and limited incumbent by increasing the slot limits for such carriers from 12 to 20. Second, Air 21 deletes the requirement that new entrants or limited incumbents must show an "exceptional circumstance" to qualify for slots. Thus, under the legislation, expected to be signed by the President within the next week, all the Department must find to grant an exemption slot is that the proposed service is in the public interest.

Counsel: Baker Hostetler, Joanne Young, 202.861.1532

Index

Thai Airways International Public Company Limited

OST-95-338

Filed February 28, 2000
Issued March 22, 2000

Notice of Action Taken

Seoul-Osaka, Bangkok-Los Angeles

Renew exemption from 49 U.S.C. 41301 to serve Seoul, Korea, and Osaka, Japan, as intermediate points on its authorized Bangkok-Los Angeles scheduled services, without frequency limitations.

By: Paul Gretch

Index

United Air Lines, Inc.

OST-96-1346	March 22, 2000	Application for Renewal of Temporary Exemption	U.S.- Brazil Air Services
		Service List

United requests renewal of its exemption authority to provide scheduled foreign air transportation of person, property and mail between points in the United States, via intermediate points, to Manaus, Brasilia, Rio de Janeiro, Sao Paulo, Recife, Porto Alegre, Belem, Belo Horizonte, and Salvador, Brazil, and beyond to Argentina, Uruguay, Paraguay and Chile.

United is presently operating daily roundtrip, services between the U.S. and Brazil in each of the following city-pairs:

(1) Chicago-Sao Paulo;
(2) Miami-Rio de Janeiro;
(3) Miami-Sao Paulo; and
(4) New York-Sao Paulo.

Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com

Index

US Airways, Inc.

OST-97-2128

Filed February 22, 2000
Issued March 22, 2000

Notice of Action Taken

Charlotte/Philadelphia-Cancun

By: Paul Gretch

Index