OST-98-3624 / OST-98-3653 / United Air Lines / Northwest Airlines / US-Japan / Reply of Northwest Airlines / March 27, 1998
Application of
UNITED AIR LINES, INC. /
Docket OST-98-3624for an exemption pursuant to 49 U.S.C. § 41101
(US-Japan)
Application of
NORTHWEST AIRLINES, INC. /
Docket OST-98-3653for an exemption from 49 U.S.C. § 41101
(US-Japan)
REPLY OF NORTHWEST AIRLINES INC.
Yesterday, Delta objected to the applications of Northwest and United for interim blanket exemption authority pursuant to the terms of the recently executed Memorandum of Understanding between the United States and Japan ("MOU"). In its objection, Delta claims, wrongly, that Northwest's and United's requests for blanket U.S.-Japan exemption authority are inconsistent with Department policy. Delta instead urges the Department to require Northwest and United to file a separate exemption application for each new U.S.Japan service contemplated. Apparently Delta has failed to read the Department's multiple Notices and Orders relating to the new MOU, wherein the Department has made it crystal clear that it intends to grant both U.S. and Japanese incumbent carriers broad economic authority consistent with
- 2 - Northwest Airlines, Inc.
the new MOU, and on an expedited basis to enable prompt utilization of these valuable new aviation rights. /1 Indeed, as both Northwest and United pointed out in their original applications, the Department already has granted both Federal Express and Japan Airlines blanket exemption authority similar to the authority now sought by Northwest and United. See Notice of Action Taken in Docket OST-98-3436, dated March 5, 1998; Notice of Action Taken in Docket OST-98-3449, dated February 9, 1998.
CONCLUSION
Awarding blanket exemption authority to Northwest and United is fully consistent with the Department's policy with respect to the new U.S.-Japan MOU, and will serve the public interest by facilitating earlier start-up of these valuable new services and reducing the Department's (and the carriers') administrative burden while the carriers' certificate applications are being processed. The Department should not permit Delta's unfounded objection to
1/ See Notice in Dockets OST-98-3418 and OST-98-3419, served February 3, 1998, at 2 (noting that "the U.S.-Japan rights for incumbent carriers would be unrestricted" and inviting both U.S. and Japanese incumbent carriers to file applications for authority they do not currently hold "which we will process on an expedited basis"); Notice in same Dockets served February 10, 1998 (denying Hawaiian Airlines' Motion to extend certain procedural dates in the U.S.-Japan Services Proceeding); and Order 98-2-11 in same dockets (denying Hawaiian Airlines' petition for reconsideration).
3 - Northwest Airlines, Inc.
hinder the ability of Northwest and United to promptly begin advertising and selling new U.S.-Japan services. Northwest urges the Department to orally grant blanket U.S.-Japan exemptions to both Northwest and United today, and confirm that action with a written Notice of Action Taken as soon as practicable. /2
Respectfully submitted,
Megan Rae Poldy
Associate General Counsel
NORTHWEST AIRLINES, INC.
901 15th Street, N.W. - Suite 310
Washington, D.C. 20005
(202) 842-3193
March 27, 1998
2/ As stated in Northwest's application, Northwest seeks either blanket U.S.-Japan exemption authority or broader blanket exemption authority as requested by United, which would include authority to serve both intermediate points and points beyond Japan as authorized by the MOU.