OST-98-3419 / 1998 US-Japan Combination Service Proceeding / Motion of American to Strike Amended Application of TWA / February 12, 1998

American Airlines, Inc. hereby moves the Department to strike the amended application submitted on February 11, 1998 by Trans World Airlines, Inc. seeking an allocation of 28 weekly codeshare frequencies to conduct U.S.-Japan services with Delta Air Lines, Inc.

The deadline for applications in this proceeding was February 10, 1998, as established by the Department's Notice of February 3, 1998. On February 9, 1998, Hawaiian Airlines, Inc. moved to stay the procedural dates for a period of 20 days. The Department denied Hawaiian's motion by Notice of February 10, 1998. In doing so, the Assistant Secretary for Aviation and International Affairs stated that "[a]ll applications for the new U.S.-Japan combination service authorities at issue shall be due February 10, 1998, as set forth in the Department's February 3, 1998 Notice, and all other procedural dates shall remain as set forth in that notice" (p. 2, emphasis added).

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American relied on the deadline the Department established (and reiterated in denying Hawaiian's motion), and was under intense pressure to finalize its application and conclude its negotiations with US Airways with respect to the same-country codeshare services American and US Airways have proposed. It would be fundamentally unfair to allow TWA and Delta to flout the established deadline, and to submit a codeshare proposal only after they had an opportunity to review all of the applications that were timely filed. Indeed, on February 10, 1998, at the very moment that Delta was apparently in negotiations with TWA to submit a late application, Delta itself answered in opposition to Hawaiian's petition for reconsideration of the Department's stay denial.

In these circumstances, the Department should strike TWA's amendment. To do otherwise would encourage contempt for orderly administrative procedures, and would substantially prejudice applicants who adhere to the Department's orders.

Respectfully submitted,

CARL B. NELSON, JR.

Associate General Counsel

American Airlines, Inc.

February 12, 1998