OST Filings for March 12, 2003

We have decided to grant the exemption request of Lan Ecuador. We find that the authority requested is provided for in our bilateral aviation agreement with Ecuador. We will also grant the request of Lan Chile for a statement of authorization to wet lease aircraft to Lan Ecuador in the conduct of its authorized service.

Based on the changes to Lan Ecuador’s ownership and management noted above, particularly when viewed in light of the bilaterally-provided-for nature of the Lan Ecuador route authority in question, the open-skies regime governing U.S.-Chile aviation relations, and our established ownership precedents, we conclude that there is nothing in the ownership and control of Lan Ecuador that would be inimical to U.S. aviation policy or interests. We therefore find that grant to the carrier of a waiver of our ownership and control standard is warranted.

We also find that the public interest warrants granting Lan Chile’s application for a statement of authorization to wet lease aircraft to Lan Ecuador. In cases such as this, we look at a broad range of factors, foremost of which is reciprocity. While Northwest and Continental both oppose Lan Chile’s request, neither carrier has shown that the Government of Chile has denied any recent requests by U.S. carriers to conduct a wet lease of the type at issue here. Nor do we see any other factor among our standard criteria arguing for withholding approval. Thus, in the circumstances presented, we are not inclined to interfere with Lan Ecuador’s choice of a wet lease provider from our open-skies partner Chile.

By: Read C. Van de Water

Index

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

OST-00-6816

March 12, 2003

Application for Renewal of Exemption

Mexico City - Chicago

By Notice of Action Taken dated February 9, 2000, the Department, pursuant to 49 U.S.C. 40109(c), authorized Aerovias de Mexico, S.A. de C.V., to engage in foreign air transportation of persons, property and mail between Mexico City, Mexico, and Chicago, Illinois. The Notice of Action also granted Delta Air Lines, Inc., exemption authority to engage in foreign air transportation in this market pursuant to a code share arrangement with Aeromexico. Aeromexico's authority to carry Delta's code is of indefinite duration.

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

Index

American Airlines, Inc. and British Airways Plc

OST-02-13861

Served March 12, 2003

Notice Establishing Procedural Schedule

Statements of Authorization and Related Exemption Authority (Reciprocal Codesharing) US-UK

As an initial matter, we find that the application is now substantially complete and that we can proceed to establish a procedural schedule for comments to the application. In this regard, we will require that answers to the application be filed no later than March 21, 2003, and that replies be filed no later than March 25, 2003.

In order to provide all interested parties sufficient time to analyze adequately and comment fully on all material in the public and non-public record, under conditions agreed to by the joint applicants and imposed by the Department in comparable circumstances, we will grant immediate interim access to all documents covered by the joint applicants’ motion for confidential treatment under §302.12 to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance. Moreover, consistent with earlier determinations, at the Dockets facility Parties will be permitted to make copies of the documents for use by persons who have filed confidentiality affidavits. Notice dated January 21, 2003, p.1, Docket OST-2003-14202 (Asiana-United request for approval of and antitrust immunity for an Alliance Agreement); and Notice dated March 21, 2002, p.1, Docket OST-2002-11842 (Delta-KAL-Air France-Alitalia-CSA request for approval of and antitrust immunity for Alliance Agreements).

By: Read C. Van de Water

Index

Citizenship of DHL Airways, Inc.

OST-02-13089

Issued March 11, 2003
Served March 11, 2003
Posted 9:00 am March 12, 2003

Notice

Citizenship of DHL Airways

Notice, the Department makes available unredacted correspondence from the Inspector General of the U.S. Department of Transportation as it relates to issues pending this docket on the matter of the citizenship of DHL Airways, Inc. The unredacted letter is now available to the public without the filing of affidavits in this docket. The procedural dates set by our Notice of March 5, 2003 remains unchanged.

By: Read C. Van de Water

OST-02-13089

March 4, 2003

Unredacted Letter from DOT Inspector General

Citizenship of DHL Airways

By: Kenneth Mead, 202-366-1959

Index

Computer Reservation Systems

OST-97-2881

March 11

Flyer/Article Sent to DOT - Steve Podberesky