Office of International Aviation Filings for February 23, 2006

Continental objects to Monarch's application for a statement of authorization to operate 26 fifth-freedom nonstop roundtrips between Dublin, Ireland and Sanford, Florida between May 6 and October 27, 2006. American and United have already submitted early objections to the Monarch application, and Monarch has responded to them. Although Monarch, a U.K, airline, seeks extra-bilateral access to Ireland's primary airport, the U.K. continues to prohibit Continental from serving London Heathrow, which is not only the U.K.'s primary airport but also the most important airport in Europe, Continental's operations have been relegated to the secondary London airport at Gatwick, which is already uncompetitive with Heathrow and would become even less competitive with Heathrow if the U.K. proposal to eliminate the dedicated, nonstop rail service between Gatwick and Victoria station is adopted. Moreover, even the U.S. carriers authorized to serve Heathrow have been subjected to discriminatory fuel allocation procedures favoring U.K. airlines. Clearly, these actions demonstrate that the U.S. should not be granting extra-bilateral authority to Monarch.

Counsel: Continental, Thomas Bolling

February 23, 2006

Objection of Delta Air Lines

Delta hereby objects to the above-referenced application of Monarch Airlines to operate an extensive 5th freedom charter program between Dublin and Sanford, Florida (serving the important Orlando leisure market) during the peak 2006 summer traffic season. There is no question that the request at issue is extra-bilateral, and under the unique facts and circumstances presented by the restrictive U.S.-UK and U.S.-Ireland bilateral aviation agreements, discretionary approval of this application is neither warranted nor in the public interest.

Delta and other U.S. carriers can only serve Dublin under the onerous and costly "Shannon Stop" requirement. This requirement costs Delta millions of dollars annually to provide U.S.-Dublin service -- owing to additional aircraft cycles, crew and fuel costs. Moreover, were the Department to allow a UK carrier to provide nonstop 5th freedom turn-around service between Dublin and the United States, without the additional forced stop in Shannon would place Delta at a significant competitive disadvantage.

The Department needs to work toward ensuring that U.S. and UK carriers compete on an even footing both in U.S.-UK and 5th freedom markets. Under the present circumstances Monarch should not receive discretionary authority to provide nonstop Dublin-U.S. service, without regard to the Shannon stop requirement, to which all U.S. carriers are subjected.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

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Polet Airlines

2006-047 | Filed February 10, 2006 | Approved February 15, 2006

Application for a Statement of Authorization

One one-way DUS-SNN-CLT for February 17-18, 2006 using an AN-124-100.

Charterer: Siemens AG Power Generation

Counsel: Miller Hamilton, Lester Bridgeman, 251-432-1414

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Titan Airways

2006-031 | Filed February 1, 2006 | Approved

Application for a Statement of Authorization

One round-trip Brussels-Boston-Paris for February 8-9, 2006 using a B-757.

On February 2, 2006, American Airlines, Inc. and United Air Lines, Inc. filed a joint answer in opposition to the request. The carriers state that Titan's request should be denied until the United Kingdom, Titan's homeland, ends what they assert is a discriminatory fuel rationing arrangement that BAA plc has put in place at London's Heathrow Airport. The carriers state that they do not dispute the need for fuel rationing in the wake of the recent fire at the U.K.'s Buncefield oil depot, but that BAA's current rationing arrangement, which gives U.K. carriers a higher percentage of their fuel requirements than is given to U.S. carriers, discriminates against them--a direct violation of the U.S.-U.K. Air Services Agreement.

Also on February 2, Titan filed a reply. It states that the U.K. Government has not violated the Agreement and that BAA is a private corporation that the U.K. Government cannot direct to take specific actions with respect to fuel allocation. Titan states that the dispute is a private business matter between the U.S. carriers and BAA, and that the single flight proposed by Titan is unrelated to the fuel rationing issue. Finally, Titan states that the United States and the United Kingdom are engaging in continuing discussions on this matter, and that Titan itself cannot affect the outcome of those discussions.

We have decided to grant Titan's request. Under 14 CFR Part 212, the Department will approve a request by a foreign air carrier to conduct a fifth-freedom charter flight if the proposed operation meets the requirements of that Part and is in the public interest. A primary criterion we use in determining the public interest is the existence of reciprocity on the part of the applicant's homeland. In the case before us here, we note that the Government of the United Kingdom has been approving U.S. carrier requests to conduct the kind of fifth-freedom flights proposed by Titan, demonstrating the existence of reciprocity. We nevertheless recognize the significance of the issues raised by American and United regarding fuel rationing at London Heathrow, and that the U.S. and U.K. Governments are actively engaged in efforts to achieve a resolution to those issues. We accordingly do not find that the public interest favors our withholding the authority from Titan to conduct its proposed operation.

Charterer: Suez

Counsel: Garofalo Goerlich, Don Hainbach, 202-776-3970

February 2, 2006 - Joint Answer of American and United

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Twinjet Aircraft

2006-057 | Filed and Dismissed February 17, 2006

Application for a Statement of Authorization

One round-trip Cotonov-Shannon-Washington-Shannon-Cotonov for February 20-24, 2006 using an Airbus A319.

Charterer: Aeroservice

Counsel: Twinjet, Stephen Wells, 44-1582-721133

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