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Last Updated 03/12/03 10:23 AM

Applications and Renewals: 

Aeromexico - Hermosillo-Las Vegas Renewal

American - Certain Codeshare Terminations with Cathay Pacific/Finnair/Iberia/Lan Chile/LOT/Turkish

Atlantic Air Transport - UK-US Charter Cargo Renewal

Chartright - Canada-US Charter Taxi Renewal

Delta, Comair, Atlantic Southeast, and Korean Air - 30-Day Notice and Request for Waiver

Answers and Replies: 

American and Alaska - Motion for Leave to File and Response of American (LA-Guadalajara)

DHL - Motion of UPS

Cool Tours - Designation of Agent

Island Birds - Designation of Agent

Notices of Action Taken:

Polet - Russia-Cargo Charter Renewal

Notices and Orders:

None

Aerovias de Mexico, S.A. de C.V.

By this exemption request, Aeromexico seeks to renew its exemption authority to engage in scheduled foreign air transportation of persons, property and mail between Hermosillo and Las Vegas.  Aeromexico currently is offering daily nonstop service between Hermosillo and Las Vegas with MD-80 aircraft, and it desires to renew the authority so that it can continue the service, which provides significant public benefits for travelers. In addition, Aeromexico carries the designator code of Delta Air Lines, Inc., on these flights so that the traveling public has the benefit of transportation alternatives and competition is enhanced.

Counsel: Piper Rudnick, William Evans, 202-371-6030

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American Airlines, Inc.

Hereby give notice that, effective May 1, 2003, it is terminating display of the "LOT" designator code of Polskie Linie Lotnicze LOT S.A. on flights operated by American Eagle Airlines, Inc. between New York (JFK), on the one hand, and Cleveland and Pittsburgh, on the other.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

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American Airlines, Inc. / Alaska Airlines, Inc.

Recognizing that the Department would favor Alaska's year-round proposal over American's seasonal proposal, we advised the Department on February 27, 2003 that we would not object to receiving a back-up award to Alaska's primary award, to be triggered if Alaska fails to meet its promised start-up date of June 8, 2003.  Alaska is now retreating from the start-up date it proposed in its own application, and has asked the Department to add a 90-day dormancy allowance, in effect giving Alaska until September 8, 2003 to start service. American opposes that request.

In light of this new development -- Alaska's stated unwillingness to commit to a June 8 start-up -- the Department should promptly conclude this proceeding by granting American's application for Los Angeles-Guadalajara seasonal service from July 2-August 31, 2003. If Alaska wants to start year-round service after that period, American would have no objection to such an award. In this manner, the public will be assured of competitive service this summer, and Alaska will still have the opportunity to commence operations in September, which is its apparent intention by asking for a 90-day start-up condition beyond June 8. For the Department to decide otherwise would be contrary to well-established policy that limited-entry bilateral rights should be utilized to the maximum extent possible.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

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American Airlines, Inc. and Cathay Pacific Airways, Ltd.

Hereby give notice that, effective May 1, 2003, it is terminat­ing display of the designator code of Cathay Pacific Airways, Ltd. on flights operated by American Eagle Airlines, Inc. between New York (JFK), on the one hand, and Baltimore, Orlando, and Pittsburgh, on the other.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

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American Airlines, Inc. and Finnair Oyj

Hereby give notice that, effective May 1, 2003, it is terminating display of the "AY*" designator code of Finnair Oyj on flights operated by American Eagle Airlines, Inc. between New York (JFK), on the one hand, and Baltimore, Hartford, Orlando, and Providence, on the other.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

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American Airlines, Inc. and Iberia Lineas de Espana, S.A.

Hereby give notice that, effective May 1, 2003, it is terminat­ing display of the "IB*" designator code of Iberia Lineas de Espana, S.A. on flights operated by American Eagle Airlines, Inc. between New York (JFK) and Pittsburgh.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

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American Airlines, Inc. and Lan Chile, S.A.

Hereby give notice that, effective May 1, 2003, it is terminating display of the "LA*" designator code of Lan Chile, S.A. on flights operated by American Eagle Airlines, Inc. between New York (JFK) and Baltimore.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

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American Airlines, Inc. and Turkish Airlines

Hereby give notice that, effective May 1, 2003, it is terminating display of the "TK*" designator code of Turkish Airlines on flights operated by American Eagle Airlines, Inc. between New York (JFK), on the one hand, and Baltimore, Cleveland, Orlando, and Pittsburgh, on the other.

Counsel:  American, Carl Nelson, 202-496-5647, carl.nelson@aa.com

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Atlantic Air Transport Limited d/b/a Atlantic Airlines

By:  Atlantic Airlines, Alan Kuspert

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Chartright Air Inc.

Hereby applies for renewal of its exemption from 49 U.S.C. 41301 which authorizes Chartright Air Inc. to conduct charter operations, carrying persons, property and mail, between Canada and the United States and other charters pursuant to 14 CFR Part 212, using aircraft having a maximum passenger capacity of not more than 60 seats and a maximum payload capacity of not more than, 18,000 pounds. The department granted the above authority to Chartright Air Inc. by notice of Action Taken dated April 4, 2002. Chartright Air Inc. request that this authority, which is scheduled to expire on April 4, 2003, be renewed for a period of at least one year.

By: Don Twiddy

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Citizenship of DHL Airways, Inc.

On March 5, 2003, the Department issued a Notice Requesting Comments on the Inspector General's letter, placing a redacted version on the public record and informing the public that, for an interim period, an unredacted version was available for review with certain access restrictions. In this Notice, the Department stated that the unredacted version contained information "that is the subject of a request from DHL Airways for confidential treatment." As such, the Department made the unredacted version available only to certain "counsel and outside experts for interested parties" who may view the unredacted letter if they filed confidentiality affidavits with the Department.

Prior to March 5, 2003, UPS had no knowledge of such confidential material or DHL Airways' motion for confidential treatment of information submitted to the Department in the context of a citizenship review. Indeed, a search of the DOT docket reveals no such motion. Because UPS desires a full airing of all relevant facts and circumstances pertaining to the citizenship of DHL Airways, UPS intends to file, under separate cover, an Answer to DHL Airways' confidentiality motion.

UPS respectfully requests that the Department not afford the unredacted Inspector General's letter any confidentiality protection. Rather, UPS requests that the DOT immediately make public to all parties (without confidentiality affidavit), and place on the docket in this proceeding, the unredacted version of the Inspector General's letter so that all parties and their decision-makers may review it.

It is obvious from the summary of the confidential information contained in the unredacted letter-which UPS' attorneys and outside experts have viewed in accordance with the required confidentiality affidavits-that the material should not be afforded confidential treatment. The types of material that are ordinarily afforded confidential treatment are trade secrets and business confidential information-which, if released, would cause competitive harm to a carrier. The information in the IG letter contains no such information. Further, the recommendations contained in the Inspector General's letter can only be fully understood by having the complete, unredacted letter made public.

Counsel: Kelley Drye, David Vaughan, 202-955-9864, dvaughan@kelleydrye.com 

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Cool Tours, Inc. d/b/a San Juan Aviation

Counsel: Luis Irizarry

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Delta Air Lines, Inc., Comair, Inc., Atlantic Southeast Airlines, Inc. and Korean Air Lines Co., Ltd.

Hereby notify the Department of additional intra-U.S. codeshare points operated by Delta and the Delta Connection carriers, ASA and Comair, displaying KAL's designator code. See, Exhibit A. The planned services will be implemented the later of 30 days from the date of this notice, or upon receiving oral confirmation by the Department authorizing earlier implementation.

Counsel:  Zuckert Scoutt, William Callaway, 202-973-7906 for Korean / Delta and Shaw Pittman, Robert Cohn, 202-663-8060

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Island Birds, Inc

Counsel: Luis Irizarry

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Polet Airlines    

Renew exemption from 49 U.S.C. § 41301 to engage in charter foreign air transportation of property and mail between the Russian Federation and the United States; and other all-cargo charters subject to Part 212 of our rules.  The Annexes to the U.S.-Russia Air Transport Agreement expired on January 22, 2001. However, the operations proposed by Polet are in conformance with the Annexes agreed to by both sides ad referendum on April 11, 2002. Both sides, as agreed, have initiated the necessary internal procedures for bringing these Annexes into force.

By: Paul Gretch

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