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97-43 | May 8, 1997 | Approved May 28, 1997 by Teresa Bingham for May 28-June 24, 1997
Re: Application for Exemption, Denver-London Heathrow
Single scheduled flight on June 22, 1997 for the City and County of Denver for the G-7 Summit.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-6776
United Air Lines, Inc. and Air New Zealand Limited (Statements of Authorization to Engage in Code Sharing, US-New Zealand and US-Australia)
Order 97-5-7 | Undocketed | Issued and Served May 12, 1997
Order Granting Statements of Authorizations
By this order, we grant authority to United Air Lines, Inc., and Air New Zealand Limited to conduct code-share operations in the U. S.-New Zealand and U. S.-Australia markets, subject to a condition.
By: Charles Hunnicutt
Compania Mexicana de Aviacion, S.A. de C.V. and United Air Lines, Inc. (Notice of Action Taken)
OST-96-1988 and Undocketed | Posted June 24, 1997
Statement of Authorization under 14 CFR Part 212 to permit Mexicana to carry United's code in 21 U. S -Mexico and intra-Mexico city-pair markets (see Attachment 1 of the application), for a period of two years. (The joint application also includes requests by Mexicana and United for underlying operating authority in certain markets and by United for authority to carry Compania Mexicana's code in certain markets. We have concurrently addressed these requests separately.)
In reaching our decision to grant Mexicana authority to carry United's code in the above 18 markets for a period of 179 days (this is not a license with reference to an activity of a continuing nature within the meaning of 5 U.S.C. 558(c)), we found that favorable action for that duration was supported by adequate reciprocity by the Government of Mexico. In that connection, we noted that Mexican authorities have approved the Northwest/Alaska Airlines code-share request (see above) for two consecutive six-month periods. Also, we noted that American Airlines had set forth substantially similar arguments in its petition for review (filed December 11, 1996) of the staff's action approving the Delta/Aeromexico reciprocal codeshare services in various U.S.-Mexico markets (undocketed), which action has been affirmed by the Department in Order 97-1-15 (issued January 21, 1997). American has not raised any new issues for consideration since that Order was issued that would warrant unfavorable or different action on the instant application. Moreover, we note that general issues relating to limitations on authorization of code-share services in the U.S.-Mexico market have been raised in the context of the American Airlines/Aero California code-share application, Dockets OST-97-2477/2481 and undocketed. We intend to address those issues in the context of our decision in that case. The parties in this case are on notice that the authorities granted by our action here will be subject to any decision made on the general issues raised in the American/Aero California code-share case. Further, while granting the above authority, we also deferred action on Mexicana's pending request to carry United's code in the Chicago-Puerto Vallarta, Miami-Cancun, and Newark-Cancun markets and for underlying authority by exemption to conduct scheduled services in various U.S.-Mexico markets (see Attachment 4 ofthe application). That portion of Mexicana's re quest to carry United's code in the three additional markets was not ripe for consideration, because United, at this point, lacks authority to conduct scheduled services in those markets.
By: Paul Gretch / Counsel: Joel Burton for United, 202-637-9130 / Robert Papkin for Mexicana, 202-626-6601
Order 97-7-31 | OST-97-2477 and OST-97-2481 | Undocketed | OST-96-1988 | OST-97-2161 and Undocketed | Undocketed | Issued July 29, 1997 | Served August 4, 1997
Order Granting (In Part) Exemption and Statements of Authorization and Order to Show Cause
By this order we grant, in part, the captioned applications of American Airlines, Inc. (American), and Aero California S.A. de C.V. (Aero California), for exemption authority and statements of authorization to permit the carriers to engage in certain code-share services in various U.S.-Mexico markets. Additionally, this order proposes certain conditions to be imposed on all U. S.-Mexico code-share arrangements to permit, in certain instances, direct air carrier services to replace code-share services in a given city-pair market.
By: Charles Hunnicutt
August 21, 1997
Application to Amend Statement of Authorization to Code-Share with United
Air New Zealand's Los Angeles-Papeete, Honolulu-Rarotonga and Honolulu-Nadi services are each part of Air New Zealand's Los Angeles-Auckland flights. Services between Los Angeles and Papeete and between Honolulu and Rarotonga operate twice weekly in each direction with B-747 aircraft. Honolulu-Nadi services operate four times a week from Honolulu to Nadi and five times a week from Nadi to Honolulu, using either B-767 or B-747 aircraft.
Counsel: Fulbright Jaworski, Susan Gotbetter, 212-318-3000, sgotbetter@fulbright.com
Emirates (Exemption, Codesharing with United, London-Dubai)
OST-95-414 | Undocketed | August 25, 1997
Application for Renewal of an Exemption and Related Statements of Authorization
The exemption and authorizations enable Emirates to engage in code-shared operations with United Air Lines, Inc., for the carriage of passengers on the London-Dubai segment of United's U.S.-London-Dubai service. Under the agreement between Emirates and United, United may sell tickets to passengers originating in the United States for travel to Dubai, United Arab Emirates, and return, and to passengers originating in Dubai for travel to the United States, and return, either way through London, using the United designator code and United flight numbers for the entire trip. The portion of the trip between the United States and London is performed by United, and the portion of the trip between London and Dubai is performed by Emirates. United's designator code and flight numbers are displayed on the flights between London and Dubai. Emirates continues to assign its own designator code. and its own flight numbers to the flights between London and Dubai.
Answers are due by September 9, 1997, Statement of Authorization Answers are due by September 3, 1997
Counsel: R. Tenney Johnson, 202-663-9030
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. (US-Mexico Codesharing)
OST-96-1988 and Undocketed | August 25, 1997
Answer of Delta Air Lines to Joint Motion for Immediate Action
To the extent that there is an available designation to provide Miami-Cancun service, Delta is every bit as qualified as United immediately to implement service and utilize the designation. As acknowledged by United, Aeromexico currently operates daily service in that city-pair. Indeed, Delta and Aeromexico have been waiting longer than United/Mexicana to implement service, with an originally-planned Delta start date of April 6, 1997 as compared to May 31, 1997 for United.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
97-65 | August 25, 1997
Re: Application for Statement of Authorization, Codesharing for Air New Zealand
A Statement of Authorization under Part 207 of the Department's regulations to enable United to display ANZ's "NZ" designator code on any flight operated by United between (a) any points within the United States, in conjunction with co-de-share services held out by ANZ between New Zealand and the United States (either nonstop or via intermediate points), and (b) between Los Angeles, CA, and Vancouver, Canada.
United requests expeditious approval of this application to allow ANZ to implement new code-share services to new U.S. points and Vancouver by no later than September 20, 1997. On that date, United plans to implement new code-share services for ANZ beyond Los Angeles to New York, Seattle, Denver, Washington, D.C., Las Vegas, and Boston. Other points may be added at that time or shortly thereafter, including Newark, Portland (OR), Orlando, Dallas/Ft. Worth, Philadelphia and Vancouver. United requires expeditious grant of this application to facilitate implementation of this expansion of its code-share services for ANZ consistent with the recently signed "Open Skies" agreement. Approval is requested for a period of two years to avoid unnecessary submission and review of non-controversial requests for authority.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9130, jburton@gfblaw.com
Order 97-8-18 | Issued August 21, 1997 | Served August 26, 1997
Air New Zealand Ltd. and United Air Lines, Inc.
OST-97-2847 | Undocketed | Undocketed | September 4, 1997
Consolidated Answer of American Airlines, Inc. and Motion for Leave to File
American Airlines, Inc. hereby answers in opposition to the captioned applications by United Air Lines, Inc. and Air New Zealand for statements of authorization and related exemption authority to engage in various reciprocal code sharing services. To the extent required, American requests leave to file this consolidated answer.
Counsel: Carl Nelson, Jr. 202 496 5647
Air New Zealand Ltd. and United Air Lines, Inc.
OST-97-2847 | Undocketed | September 11, 1997
United and ANZ contingently request leave to file this reply to American's late-filed answer to the application of ANZ for a statement of authorization dated August 21, 1997. American claims that that application "is closely related" to ANZ's exemption application in Docket OST-97-2847 and seeks to bootstrap its late answer to the August 21 application on the basis of such a relationship. In fact, the authority sought by ANZ in the August 21 application involves services to South Pacific islands that are wholly unrelated to the authority sought in its instant exemption application. In these circumstances, American has failed to show good cause for filing late and its motion should be denied. In the event American's motion is granted over this joint objection, United and ANZ request leave to respond to that answer as well as American's timely answer to United's application for a statement of authorization dated August 25, 1997, which is, in fact, related to ANZ's exemption application.
Counsel: Fulbright Jaworski, Susan Gotbetter for Air New Zealand; Ginsburg Feldman, Joel Burton, 202 637 9130
Air New Zealand Limited / United Air Lines, Inc. (Exemption and Statements of Authorization, Codeshare)
OST-97-2847 | Undocketed | Undocketed | September 17, 1997
Response of American Airlines and Motion for Leave to File
Stripped of its overheated rhetoric, United's pleading is nothing more than a bald assertion that it is entitled to amass a series of alliance partners throughout the world -and even in the Pacific region where United is a dominant carrier -- without any scrutiny by the Department. Indeed, if another carrier dares suggest that the Department delve into United's arrangements with competing foreign airlines, United cries "harassment". There is no principled basis for permitting the alliance between United and Air New Zealand to continue (or to be expanded) without requiring that United and its partners produce information and documents of the kind and quantity that American has been compelled to produce in its dockets. The Department should not approve or renew any of United's services that entail cooperative with Star Alliance partners or potential partners (including Air New Zealand, Thai Airways, Cathay Pacific, and Singapore Airlines), until the Department has had the opportunity to review fully the competitive effects of the Star Alliance, with comments from interested parties based on documents and other evidence that United should be ordered to produce.
Counsel: American, Carl Nelson, 202-496-5647
Air New Zealand Limited and United Air Lines, Inc. (US-New Zealand Codesharing)
OST-97-2847 and Undocketed | September 23, 1997 (Received September 24, 1997)
Reply of Air New Zealand and Motion for Leave to File
American is raising its tit-for-tat objections in a case that is clearly pro-competitive. The proposed code-sharing arrangements would allow each carrier to offer brand new services: in Air New Zealand's case, it could offer on-line connecting services to U.S. points that it has not served before. In United's case, it could reach U.S.-South Pacific markets dominated by foreign carriers. Even in its second attempt, American still cannot drum up a single substantive reason why Air New Zealand should not be allowed to code-share to U.S. points on United's flights or why United should not be allowed to code-share on Air New Zealand's flights to the South Pacific. Rather its Response speculates about Air New Zealand and Cathay Pacific and Singapore Airlines among others as "potential partners" of the Star Alliance. Somewhere lost in this global maelstrom is Air New Zealand, which is trying for the first time to exercise the rights it gained this spring through the U.S.-New Zealand open skies agreement.
The driving force behind Air New Zealand's decision to code-share with United was the existence of the formidable Qantas-American-British Airways team in the South Pacific, as described in Air New Zealand's January 9, 1997 reply to American.
Attachment: Air New Zealand's January 9, 1997 Reply
Counsel: Fulbright Jaworski, Susan Gotbetter
Order Confirming Notices of Action Taken
Order 97-9-29 | Issued September 24, 1997 | Served September 30, 1997
By: Paul Gretch
Air New Zealand Limited / United Air Lines, Inc. (Notice of Action Taken)
OST-97-2947 | Undocketed | Posted October 17, 1997
Air New Zealand (Docket OST-97-2947) Date Filed: August 22, 1997 Relief requested: Exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail from points behind New Zealand, via New Zealand and intermediate points in the South Pacific, to a point or points in the United States, for a period of one year.
Air New Zealand (Undocketed) Date Filed: August22, 1997 Relief requested: Statement of authorization under 14 CFR 212 of the Department's regulations to permit it to display the airline designator code of United Air Lines on Air New Zealand flights between (1) Los Angeles and Papeete, French Polynesia; (2) Honolulu and Nadi, Fiji; and (3) Honolulu and Rarotonga, Cook Islands, for a period of two years.
United Air Lines, Inc. (Undocketed) Date Filed: August25,1997 Relief requested: Statement of authorization under 14 CFR 207 of the Department's regulations to permit it to display the designator code of Air New Zealand on United flights between (1) New Zealand and the United States (either nonstop or via intermediate points); and (2) Los Angeles and Vancouver, Canada, for a period of two years.
Counsel: Susan Gotbetter, 212-318-3121 for Air New Zealand / Joel Burton, 202-637-9130 for United
United Air Lines, Inc. and Compania Mexiacana de Aviacion, C.V. de S.A.
October 21, 1997
Joint Application for Renewal of Statements of Authorization
Mexico City-San Francisco-Mexico City
Counsel: Squire Sanders, Robert Papkin, 202-626-6601 for Mexicana / Ginsburg Feldman, Joel Burton, 202-637-9130 for United
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
October 29, 1997
In limiting United's and Mexicana's respective authorizations to code-share, the Department cited the Mexican Government's authorization of code-share services of Northwest and Alaska Airlines for only a six month period. (Order 97-7-31 at 7; confirmed by Order 97-9-38). Given the limited term of the Northwest/Alaska code-share authorization, the Department found it in the public interest to limit statements of authorization to code-share involving Mexican carriers for a comparable period.
To Northwest's knowledge, the Mexican Government's position with respect to the extension of the Northwest/Alaska code-share arrangement has not changed. Hence, it is in the public interest for the Department to continue to restrict to 180 days all codeshare authorizations involving Mexican carriers, including the aforementioned United/Mexicana code-share authorizations, thereby depriving Mexican carriers of the benefit of the procedural safeguards of the Administrative Procedure Act with respect to such services.
The Governments of the United States and Mexico are tentatively scheduled to conduct negotiations on code-sharing issues in early November. The Department's continued limitation of Mexican carriers' code-share authorizations will send a clear message that the Mexican Government should endeavor to resolve the problems encountered by Northwest and Alaska Airlines during the upcoming negotiations.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
United Air Lines and Compania Mexicana de Aviacion - Answer of Continental
October 30, 1997
Continental takes no position on virtually all of the joint United/Mexicana application. Continental objects, however, to the renewal of the United/Mexicana code-share authority for the San Antonio-Mexico City route for the reasons stated in Continental's September 17, 1997, reply in Docket OST-97-2846, where Continental has applied for authority to operate its own San Antonio-Mexico City flights. The Department has now adopted its policy replacing code-share service with direct operations by U.S. carriers in U.S.-Mexico city-pair markets where insufficient designations are available to permit both. (See Order 97-9-38) Since Continental has proposed to institute its own flights on December 18, 1997, replacing the United/Mexicana code-share service, Mexicana's authority should not be renewed unless and until Mexico agrees to a third U.S. designation on the San Antonio-Mexico City route.
Counsel: Crowell Moring, R. Bruce Keiner, 202.624.2615
October 31, 1997
United plans to reinstitute its seasonal nonstop service between Denver and Mexico City on December 20, 1997. United wishes to be able to display Mexicana's code on United's Denver-Mexico City nonstop flights. Mexicana's code share service would increase the competitive options available to Denver-Mexico City passengers.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9000
United Air Lines, Inc. and Air India
November 7, 1997
Re: Application of United for Renewal of Statements of Authorization to Codeshare for Air India
On December 13, 1995, the Department approved United's initial Statement of Authorization to permit United to hold out Air India's designator code on flights operated by United between Los Angeles and Delhi via Hong Kong, and between New York/Newark and Delhi via London (Heathrow) pursuant to United's blocked space/code share agreement with Air India. On February 1, 1996, the Department amended United's initial Statement of Authorization to permit United to hold out Air India's designator code on flights operated by United between Washington, D.C. (Dulles) and Delhi, India via London (Heathrow), also pursuant to United's blocked space/code share agreement with Air India. These authorities were renewed on January 9, 1997 and will expire on January 9, 1998, unless renewed again pursuant to this application.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9195, jburton@gfblaw.com
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
97-79 | November 10, 1997
Re: Joint Application - Response of United
Continental, on the other hand seems determined to "replace" United as a competitor on this route and now asks that Mexicana's statement of authorization to code share for United on Mexicana's SAT-MEX services not be renewed. As United noted in its previous answer, in the event Mexico will not agree to sufficient designations to allow all interested carriers to offer SAT-MEX service, the Department will have to institute procedures under the condition imposed in Orders 97-9-38 and 97-7-31 to determine whether the services proposed by Continental "would provide benefits and service options superior to [United's] code-share operations" in the SAT-MEX market. Order 97-9-38 at 6. The Department has not yet instituted such a proceeding.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9130, jburton@gfblaw.com
United Air Lines, Inc. and Varig, S.A. (Exemption and Statements of Authorization, US-Brazil Codesharing)
OST-97-2358 | Undocketed | November 14, 1997
Joint Answer of American Airlines and TAM
If a selection proceeding is necessary, the Department should consolidate the American/TAM and United/Varig applications for contemporaneous consideration and decision, and should do so on an expedited basis. In that proceeding, American and TAM will show why the U.S. codeshare points they have named should be selected.
Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300 for TAM / American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Answer of The Massachusetts Port Authority
The Massachusetts Port Authority (Massport) strongly supports the application of United and Varig insofar as it has to do with service to Boston. Code-sharing has become a very important part of U.S. policy. It is of benefit to U.S airlines and to U.S. cities and regions. In particular, the Brazilian-American and Portuguese-American communities in New England would greatly benefit from the enhanced service options that single aircraft service will bring.
By: Charles Yelen, 617-478-4152
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
November 26, 1997
Re: Joint Application - Redacted Copy of Codeshare Agreement
Counsel: Squire Sanders, Robert Papkin for Mexicana / Ginsburg Feldman, Joel Burton for United
Transportes Aeromar and United Air Lines, Inc.
97-776 | December 10, 1997
Transportes Aeromar, a Mexican commuter carrier authorized by the Department to operate nonstop scheduled services between San Luis Potosi, Mexico, and San Antonio, Texas, USA, and Monterrey (MTY), Mexico and San Antonio, Texas, USA, applies to the Department of Transportation for continued renewed approval of all of its code sharing arrangements with United Airlines. A list of approved code share city pairs (over Aeromar's San Antonio to Mexico routes or it" intra-Mexico routes) is attached to this letter.
Exhibit - TRANSPORTES AEROMAR-UNITED AIR LINES U.S.-MEXICO CITY PAIRS APPROVED FOR CODE-SHARE (As of August 26, 1996)
Counsel: Herbert Rosenthal for Aeromar, 202.785.9773
This is to request that you direct the Department of State to designate United Air Lines, Inc. ("United") as a carrier authorized to engage in scheduled air services between the U.S. and Mexico in the following city pairs: between Los Angeles, and San Francisco, California, on the one hand, and Puebla, Mexico, via Mexico City, Mexico, on the other hand. United proposes to offer services in these markets in conjunction with a code-share agreement with a Mexican commuter carrier, Transportes Aeromar S.A. de C.V.
Counsel: Michael Whitaker for United, 847.700.3966
United Air Lines, Inc. and Compania Mexiacana de Aviacion, C.V. de S.A.
97-79 | Filed October 21, 1997 | Approved December 18, 1997
Joint Application for Renewal of Statements of Authorization - Approval Stamp is on Page 3
Mexico City-San Francisco-Mexico City
DOT Attachment | DOT Attachment
Counsel: Squire Sanders, Robert Papkin, 202.626.6601 for Mexicana / Ginsburg Feldman, Joel Burton, 202.637.9130 for United
United Air Lines and Compania Mexicana de Aviacion
97-80 | Filed October 31, 1997 | Approved December 18, 1997
Re: Joint Renewal of Statements of Authorization for Codeshare Services - Approval Stamp is on Page 3
Denver-Mexico City
DOT Attachment | DOT Attachment
Counsel: Squire Sanders, Robert Papkin, 202.626.6601 for Mexicana / Ginsburg Feldman, Joel Burton, 202.637.9130 for United
Air New Zealand, Ltd. - (Codeshare with United Air Lines, Inc.)
97-795 | December 18, 1998
Application for Statement of Authorization
Initially United proposes to hold out new code-share services over the following sectors as soon as the statement of authorization requested herein is granted. The source of United's underlying authority is described below:
Counsel: Fulbright Jaworski, Susan Gotbetter, 212.318.3121
Transportes Aeromar and United Air Lines, Inc.
97-776 | December 10, 1997 | Approved December 24, 1997 for 12/24/97-6/21/98
Re: Application for Renewal of Approval of All Codesharing and for a New Route: Mexico City-Puebla
Transportes Aeromar, a Mexican commuter carrier authorized by the Department to operate nonstop scheduled services between San Luis Potosi, Mexico, and San Antonio, Texas, USA, and Monterrey (MTY), Mexico and San Antonio, Texas, USA, applies to the Department of Transportation for continued renewed approval of all of its code sharing arrangements with United Airlines. A list of approved code share city pairs (over Aeromar's San Antonio to Mexico routes or it" intra-Mexico routes) is attached to this letter.
Exhibit - TRANSPORTES AEROMAR-UNITED AIR LINES U.S.-MEXICO CITY PAIRS APPROVED FOR CODE-SHARE (As of August 26, 1996)
Counsel: Herbert Rosenthal for Aeromar, 202.785.9773
This is to request that you direct the Department of State to designate United Air Lines, Inc. ("United") as a carrier authorized to engage in scheduled air services between the U.S. and Mexico in the following city pairs: between Los Angeles, and San Francisco, California, on the one hand, and Puebla, Mexico, via Mexico City, Mexico, on the other hand. United proposes to offer services in these markets in conjunction with a code-share agreement with a Mexican commuter carrier, Transportes Aeromar S.A. de C.V.
Counsel: Michael Whitaker for United, 847.700.3966
Air India Limited and United Air Lines, Inc. - (Notice of Action Taken)
OST-96-1007 | Filed December 12, 1997 | Undocketed | Filed November 11, 1997 | Action Taken January 6, 1998
Air-India Limited Relief requested: RENEW exemption from 49 U.S.C. 41301, last granted January 6, 1997 (confirmed by Order 97-4-2) to conduct scheduled foreign air transportation of persons, property and mail between Delhi, India, and Washington, D.C., pursuant to a code-share agreement with United Air Lines in conjunction with United's round-the-world service.
United Air Lines, Inc. Relief requested: RENEW statement of authorization under 14 CFR 207 of the Department's regulations to display Air India's airline designator code on certain United flights operated between Los Angeles and Delhi via Hong Kong; between New York/Newark and Delhi via London (Heathrow); and between Washington, D.C. (Dulles) and Delhi via London (Heathrow).
We dismissed United's application to the extent that it requested authority to display Air India's designator code on United's flights between Los Angeles and Delhi via Hong Kong. Air India's exemption for that market expired January 6, 1998, and the carrier did not apply for renewal of that authority.
Applicant representatives: Marshall Sinick for Air India, 202.626.6651; Joel Burton for United, 202.637.9130
United Air Lines, Inc. (Notice of Action Taken - New)
OST-97-2358 and Undocketed | Filed October 30, 1997, as Amended November 21, 1997 | Action Taken January 6, 1998
Applicant Representative: Joel Burton, 202-637-9130
United Air Lines, Inc. and Varig, S.A. (Notice of Action Taken)
OST-97-2358 and Undocketed | Filed October 30, 1997, as amended November 21, 1997 | Action Taken January 6, 1998
Relief requested: (1) Amendment to exemption granted Varig by Notice of Action Taken September 2, 1997, in this Docket, to conduct code-share operations between Brazil and Maui, Hawaii, on a code-share basis on flights operated by United, in order to substitute Cleveland, Ohio, for the code-share point Maui; (2) Exemption under 49 U.S.C. 40109 for Varig to conduct scheduled foreign air transportation of persons, property and mail between a point or points in Brazil, on the one hand, and Cincinnati, Ohio; Tampa, Florida; Pittsburgh, Pennsylvania; St. Louis, Missouri; and Salt Lake City, Utah, on the other, on a code-share basis on flights operated by United, and to coterminalize operations at those U.S. points with operations at Varig's other Department-authorized U.S. points; (3) Exemption for Varig to conduct scheduled foreign air transportation of persons, property and mail between a point or points in Brazil, on the one hand, and Boston, Massachusetts, on the other, via intermediate points, and to coterminalize Boston operations with operations at Varig's other Department-authorized U.S. points; and (4) Statement of authorization under 14 CFR Part 212 for Varig to display United's designator code on flights operated by Varig between Sao Paulo and Rio de Janeiro, Brazil, on the one hand, and Boston, Massachusetts, on the other (and to coterminalize Boston service with Varig's existing authority to conduct operations between points in Brazil and New York, New York). Varig stated that it would not carry local traffic between New York and Boston.
Applicant Representative: Connie O'Keefe (Varig) 202-822-9070 / Joel Burton (United) 202-637-9130
United Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.
98-013 | January 8, 1998
Re: Joint Application for Renewal of a Statement of Authorization to Codeshare
Under the code share/blocked space agreement, Aeromexico has been carrying United's code on one daily round trip between Mexico City and Miami. The United code may be carried on additional Aeromexico Mexico City-Miami flights and in additional U.S.-Mexico markets as agreed to by the parties in the future and subject to any necessary governmental approvals.
The proposed code-share/blocked space services has permitted United to maintain its competitive presence in the Miami-Mexico City market, and, at the same time, permitted it to free-up an aircraft for service in other markets thereby enhancing the economic productivity of its fleet to the benefit of the traveling public. It also has enhanced the economics of Aeromexico's Miami-Mexico City operations.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9057 for United / Verner Liipfert, William Evans, 202-371-6030 for Aeromexico
United Air Lines, Inc. and Lufthansa German Airlines
98-10 | January 26, 1998
Re: Joint Application for Blanket Statements of Authorization and Renewal of Existing Statements of Authorization (Open Skies Code-Share Operations)
Counsel: Ginsburg Feldman, Joel Burton for United, 202.637.9130 ; Wilmer Cutler, James Campbell for Lufthansa, 202.663.6336
Order Confirming Notices of Action Taken
Order 98-1-23 | Issued January 26, 1998 | Served January 29, 1998
By: Charles Hunnicutt
United Air Lines, Inc. and Lufthansa German Airlines (Open Skies Code-Share Operations, Blanket)
98-10 | February 3, 1998
Re: Joint Application - Answer of American Airlines
Third-country codesharing should be included in any blanket statements of authorization. In this regard, American endorses the position taken by Northwest in its answer of February 3, 1998 to American's Petition for a policy statement to establish indefinte duration for certain authorities.
As Northwest notes, a model condition along these lines appears in the route integration authority granted to United by Order 97-6-16, June 10, 1997 (OST-97-2126)
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
Re: Joint Application - Answer of Northwest Airlines
Northwest expresses no position on the renewal request but wishes to comment on the request for a blanket statement of authorization. Northwest supports the United/Lufthansa request so long as the Department includes certain safeguards and ensures consistency in comparable situations.
Counsel: Megan Poldy, 202.842.3193
Mexicana Airlines and United Air Lines, Inc. - (Codesharing Denver-Zacatecas)
February 5, 1998
Re: Application for Statement of Authorization - Answer of American Airlines, Inc. and Aero California, S.A. de C.V.
The Department should not grant Mexicana's request unless it simultaneously grants the request submitted by American and Aero California on February 4, 1998 for immediate action on discrete city-pairs included in the applications for codeshare statements of authorization that American and Aero California submitted on May 7, 1997 and September 30, 1997.
Counsel: Steptoe Johnson, David Coburn for Aero California, 202.429.8063; Carl Nelson, Jr. for American, 202.496.5647
United Air Lines, Inc. and Lufthansa German Airlines
February 12, 1998
Re: Joint Application for (1) Blanket Statements of Authorization Under Parts 207 and 212 and (2) Renewal of Existing Statements of Authorization (Open-Skies Code-Share Operations) - Reply of United Air Lines, Inc.
Specifically, Northwest requests that the Department include the condition that United and Lufthansa give advance notice before beginning any new codeshare service. In their joint application dated January 26, 1998, United and Lufthansa indicated that they would comply with a condition requiring the carriers to notify the Department 30 days before they begin any code-share service in a new market not previously authorized, See Joint Application, p. 5. Any additional notification requirement is, therefore, unnecessary.Counsel: Ginsburg Feldman, Joel Burton, 202.637.9130
Air New Zealand, Ltd. - (Codeshare with United Air Lines, Inc.)
97-795 | Filed December 18, 1998 | Approved February 18, 1998 for Two Years
Statement of Authorization - (Approval Stamp is on Page3)
Initially United proposes to hold out new code-share services over the following sectors as soon as the statement of authorization requested herein is granted. The source of United's underlying authority is described below:
Counsel: Fulbright Jaworski, Susan Gotbetter, 212.318.3121
British Midland Airways, Limited. - (Codeshare with United Air Lines, Inc.)
98-120 | February 27, 1998
Application for Limited Statement of Authorization to Codeshare: London-Manchester
British Midland Airways, Ltd. ("BMA") requests issuance of a Statement of Authorization to allow BMA to use the "UA*" airline designator code of United Air Lines, Inc. ("United") on certain flights operated by BMA. Authorization is requested to allow such code-share service on BMA's flights between London Heathrow and Manchester, England. BMA's existing Statement of Authorization to code-share for United over other routes was last renewed through April 26, 1996, and is continuing under §558(c) of the Administrative Procedures Act pursuant to a timely filed renewal application dated March 21, 1996. In addition, BMA was authorized on August 4, 1997, to display United's code on London-Copenhagen/Oslo/Gothenburg flights. BMA requests that the instant Statement of Authorization be issued for immediate effect and continue for a period of two years.
Counsel: Ginsburg Feldman, Jeffrey Manley, 202.637.9057
Mexicana Airlines and United Air Lines, Inc.
March 3, 1998
Application for Statement of Authorization
Display the two-letter designator code of United Air Lines, Inc. ("United") on Mexicana's flights between Mexico City and Miami. Mexicana and United intend to commence codeshare operations on this route on July 11, 1998 and request the Department's prompt approval of this application so that sales of this new service may begin without delay on March 14, 1998. Mexicana requests that the Department approve its statement of authorization for a period of at least one year.
United will place its two-letter designator code on flights operated by Mexicana between Mexico City and Miami, thus requiring that Mexicana obtain from the Department a statement of authorization. Mexicana will operate these flights with B727-200 or A310 aircraft configured to seat 156 passengers. Mexicana understands that United has notified Aeromexico of its intention to cease codeshare operations with Aeromexico on the Mexico City-Miami route effective after July 10, 1998.
Counsel: Squire Sanders, Charles Donley II, 202.626.6840
United Air Lines, Inc. and Air New Zealand Limited - (Renew Codesharing US-New Zealand/Australia)
98-134 | March 6, 1998
Re: Joint Application for Renewal of Statement of Authorization
The specific route segments authorized for NZ*/UA service are SYD-SFO, SYD-LAX, AKL-LAX, LAX-SFO, LAX-ORD, and AKL-MEL.
Counsel: Fulbright Jaworski, Susan Gotbetter, 212.318.3000; Ginsburg Feldman, Joel Burton, 202.637.9000
Mexicana Airlines and United Air Lines, Inc. - (Codesharing Mexico City-Miami)
March 12, 1998
Re: Application for Statement of Authorization - Answer of American Airlines, Inc. and Aero California, S.A. de C.V.
In any event, American and Aero California urge the Department to consider a moratorium on U.S.-Mexico codeshare approvals. Following governmental discussions in January 1998, which were held after months of delay, Mexico was noncommittal on codeshare liberalization, and asked for a further period of 60 days to consider the economic impact of codesharing. Clearly, Mexico will not seriously consider liberalization so long as the government-controlled Cintra Group carriers, Mexicana and Aeromexico, along with their U.S. partners, United and Delta, continue to receive codeshare approvals from the United States.
Counsel: Steptoe Johnson, David Coburn for Aero California, 202.429.8063; Carl Nelson, Jr. for American, 202.496.5647
British Midland Airways, Limited. - (Codeshare with United Air Lines, Inc.)
98-120 | February 27, 1998 | Approved March 13, 1998 for 3/13/98-3/13/00
Application for Limited Statement of Authorization to Codeshare: London-Manchester
British Midland Airways, Ltd. ("BMA") requests issuance of a Statement of Authorization to allow BMA to use the "UA*" airline designator code of United Air Lines, Inc. ("United") on certain flights operated by BMA. Authorization is requested to allow such code-share service on BMA's flights between London Heathrow and Manchester, England. BMA's existing Statement of Authorization to code-share for United over other routes was last renewed through April 26, 1996, and is continuing under §558(c) of the Administrative Procedures Act pursuant to a timely filed renewal application dated March 21, 1996. In addition, BMA was authorized on August 4, 1997, to display United's code on London-Copenhagen/Oslo/Gothenburg flights. BMA requests that the instant Statement of Authorization be issued for immediate effect and continue for a period of two years.
Counsel: Ginsburg Feldman, Jeffrey Manley, 202.637.9057
Mexicana Airlines and United Air Lines, Inc.
March 20, 1998
American's hypersensitivity with respect to even the most mundane of codeshare applications is apparently boundless. Only ten days after the Department rejected virtually identical arguments, American again seeks the Department's assistance to support the imposition of a total freeze on the grant of United States-Mexico codeshare authority. Mexicana and United urge the Department to make clear that it will not accede to American's totally unjustified demands and that further pleadings that seek so transparently only to delay legitimate requests for operating authority will be neither considered nor tolerated.
Counsel: Squire Sanders, Charles Donley II for Mexicana, 202.626.6840; Joel Burton for United
United Air Lines, Inc. and Lufthansa German Airlines
Order 98-4-8 | Undocketed | Issued April 8, 1998 | Served April 9, 1998
By this order, we grant the joint application of United Air Lines, Inc. (United) and Lufthansa German Airlines (Lufthansa) for blanket statements of authorization under 14 CFR Parts 207 and 212 of the Department's regulations and for renewal of existing statements of authorization to the extent necessary to be encompassed by the blanket award, subject to conditions described in this order.
By: Paul Gretch
Compania Mexicana de Aviacion - (Notice of Action Taken)
Undocketed | Filed March 3, 1998 | Action Taken April 7, 1998 (Posted April 13, 1998 in Office of Int'l Aviation)
Statement of Authorization under 14 CFR Part 212 to permit Mexicana to carry United Air Lines' code on Mexicana's scheduled services between Mexico City, Mexico, and Miami, Florida, for a period of one year, beginning July 11, 1998.
Applicant Rep.: Charles Donley II, 202.626.6840
United Air Lines, Inc. and Compania Mexiacana de Aviacion, C.V. de S.A. - (Codeshare Services)
98-31 | April 15, 1998
Re: Joint Application for Renewal of Statements of Authorization
The carriers hereby jointly apply, under 14 CFR Parts 207 and 212, for renewal of their respective statements of authorization to engage in reciprocal code-share services between the U.S. and Mexico and between Mexico and Costa Rica. Specifically, United and Mexicana request renewal of the statements of authorization granted by Notices dated June 24, 1997, in Docket OST-96-1988 and confirmed by Order 97-7-31, July 29, 1997 and by Notice 97-424, dated July 16, 1997 (SFO-MEX- SFO). Renewal of these statements of authorization (with the exception of San Antonio-Mexico City) was granted on December 18,1997 and the authority now expires on June 14, 1998.
United also requests renewal of the statement of authorization granted on December 18, 1997 which amended its statement of authorization issued by Notice dated June 24, 1997, in Docket OST-96-1988 (Order 97-7-31). This amendment allowed United to display Mexicana's designator code on flights operated by United between Denver and Mexico City (DEN-MEX- DEN) and this authority also expires on June 14, 1998. Finally, Mexicana requests renewal of its statement of authorization issued by Notice of Action Taken dated March 20, 1998, in Docket OST-97-3237 to allow it to display United's designator code in additional U.S.-Mexico city pairs. That authority also expires on June 14, 1998.
Counsel: Squire Sanders, Robert Papkin, 202.626.6601 for Mexicana; Ginsburg Feldman, Joel Burton for United, 202.637.9130
Delta Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V. / United Air Lines and Compania Mexicana de Aviacion, S.A. de C. V. - (Renew Parts 207 & 212)
April 24, 1998
Re: Joint Applications for Renewal of Statements of Authorization - Answer of American Airlines, Inc. and Aero California, S.A.
The Mexican authorities may be comfortable with the status quo, but the Department should not accept a strategy that effectively forecloses competition. Rather, the Department should insist upon a prompt resolution of the code-share matter through continued bilateral discussions by, for example, requesting consultations under Article 12 of the bilateral. American and Aero California understand that a 60-day period for the Mexican response to liberalization proposals made by the United States during January 1998 discussions has passed without any response having been made, and that the Mexican Government has not even engaged the outside consultant whose report was to provide the basis for the Mexican response. Such delay is intolerable in a setting where Aero California and American remain at a competitive disadvantage relative to the Mexican government-owned airlines.
The Department should thus press the Mexican negotiators to respond to liberalization proposals and, barring a timely and appropriate response, should limit the code-share renewals sought here to no more than 70 days and closely tie any further renewal to progress at the bilateral discussions. Further, the Department should insist upon a solution that eliminates the requirement for designation of each carrier for hundreds of city pairs with respect to code-share arrangements. The two-carrier city-pair designation limit applies with respect to physical operations, which are the only type of operations addressed in the U.S./Mexico bilateral agreement. Code-share arrangements are extra-bilateral, and nothing in the bilateral suggests that the same designation rules need apply to such services. A liberalized approach will maximize competitive opportunities in a manner fully consistent with U.S. international aviation policy and the U.S./Mexico bilateral. Finally, American and Aero California encourage the Department to announce that it will refuse to consider any expanded code-sharing arrangements between U.S. and Mexican carriers.
Counsel: Steptoe Johnson, David Coburn for Aero California, 202.429.3902; Carl Nelson, Jr. for American, 202.496.5647
United Air Lines, Inc. and All Nippon Airways Co., Ltd. - (US-Japan Codesharing)
98-36 | Undocketed | May 1, 1998
Joint Application for Statements of Authorization
Will Not be Available in HTML as Counsel Used Light Ink
United Air Lines, Inc. ("United") and All Nippon Airways Co., Ltd. ("ANA") hereby jointly request issuance of Statements of Authorization to enable them to offer code-share services on certain of each other's flights as identified herein. These Statements of Authorization should be issued for an indefinite period subject to the standard conditions applicable to such indefinite authority.
Re: Joint Application for Statement of Authorization
Counsel: Zuckert Scoutt, James Devall for ANA, 202.298.8660; Ginsburg Feldman, Joel Burton for United, 202.637.9130
Transportes Aeromar - (Renew Codeshare with United Air Lines, Inc.)
May 6, 1998
Re: Application for Renewal of Approval of All Code Sharing Agreements
Transportes Aeromar, a Mexican commuter carrier authorized by the Department to operate nonstop scheduled services between San Luis Potosi, Mexico, and San Antonio, Texas, USA, and Monterrey (MTY), Mexico and San Antonio, Texas, USA, applies to the Department of Transportation for continued renewed approval of all of its code sharing arrangements with United Airlines. A list of approved code share city pairs (over Aeromar's San Antonio to Mexico routes or using its intra-Mexico routes) is attached to this letter.
City Pairs to be Served | Service List
Counsel: Herbert Rosenthal, 202.785.9773
United Air Lines, Inc. (New – Notice of Action Taken)
OST-97-2358 and Undocketed | Posted July 1, 1997
Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and Campo Grande, Curitiba, Fortaleza, Florianopolis, Iguacu, Sao Luiz, Joao Passoa, Natal, Maceio and Cuiaba, Brazil. United requests that it be issued an exemption authorizing it to serve these additional code-share points as coterminals with the Brazilian points it is authorized to serve pursuant to its exemption issued by Order 96-7-43. United intends to operate this service pursuant to a code-share arrangement with VAR]G, S.A. (Viacao Aerea RioGrandense) on flights operated by VARIG, commencing October 26, 1997.
We dismissed, without prejudice, each carrier's application (United and VARIG) to the extent it requested broad authority to code-share between "other points on both carriers' authorized routes, as mutually agreed," and on future city pairs not specifically identified, and to the extent it requested authority between any U. S. point and any Brazilian point fisted in their joint application without specifically indicating how such code-share services would be conducted.
By: Paul Gretch / Counsel: Joel Burton, 202-637-9130
United Air Lines, Inc. and Lufthansa German Airlines
May 8, 1998
Re: Blanket Statements of Authorization (Order 98-4-8)
Pursuant to discussions with your staff, United and Lufthansa wish to advise you that they intend to continue offering code-share service to the following third-country points via Germany (LH/UA):
These third-country points were inadvertently omitted from the list attached to the joint United/Lufthansa application dated January 26, 1998, in which renewal was sought for various outstanding statements of authorization. The statements of authorization previously issued for these points would have expired on May 29, 1998 absent renewal. We understand that services to these points are now covered by the blanket statements of authorization and need not be specifically renewed.
Counsel: Ginsburg Feldman, Jeffrey Manley for United, 202.637.9057; Wilmer Cutler, J. Edward Cox for Lufthansa, 202.663.6577
Transportes Aeromar - (Renew Codesharing with United Air Lines, Inc.)
98-263 | May 6, 1998
Re: Application for Renewal of Approval of All Codesharing Agreements
Transportes Aeromar, a Mexican commuter carrier authorized by the Department to operate nonstop scheduled services between San Luis Potosi, Mexico, and San Antonio, Texas, USA, and Monterrey (MTY), Mexico and San Antonio, Texas, USA, applies to the Department of Transportation for continued renewed approval of all of its code sharing arrangements with United Airlines. A list of approved code share city pairs.
Codeshare City Pairs:
May 6, 1998
Re: Application for Renewal of Approval of All Codesharing Agreements - (Letter of Correction)
On May 6, 1998, Transportes Aeromar filed an application to renew several code shares which expire in June 1998. In reviewing the attachment to the application, we note that the city pair San Antonio--Manzanillo (as part of the SAT-Puerta Vallarta/Manzanillo award) was inadvertently omitted. Given that this is a non-controversial application, unless the Department requests, we will not serve this minor correction on all parties.
Counsel: Herbert Rosenthal, 202.785.9773
98-54 | May 20, 1998
Re: Application for Renewal and Amendment of Statement of Authorization - US-Canada (Air Canada Codeshare)
When United filed to renew these two authorities on May 31, 1996, United also sought an amendment so as to make it explicit that the "AC" designator code could be displayed on all transborder flights operated by United and not just on those that were in operation or specifically requested at the time that the initial applications were filed. 'This amendment allowed United to have the flexibility to engage in additional code-sharing consistent with the U.S.-Canada Air Transport Agreement, without seeking additional route-by-route approvals. A similar amendment had been granted to American Airlines, Inc., and Canadian Airlines International by Notice of Action Taken, dated April 18, 1996, in Docket OST-95-792. United now seeks renewal of this existing authority as amended. United also requests a further amendment of its statement of authorization to allow it to display Air Canada's code on beyond-gateway flights within the U.S. to any U.S. point United is authorized to serve.
98-56 | May 20, 1998
Re: Application for Amendment of Statement of Authorization - Codeshare for Mexicana: Chicago-Toronto
United requests that the Statement of Authorization be amended to allow United to display Mexicana's designator code on flights operated by United between Chicago and Toronto, Canada. Mexicana's Chicago-Toronto service would be offered on a blind-sector basis -- i.e., the MX* traffic on United's flights would be traffic carried between Chicago and points in Mexico on Mexicana's services.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9130
United Air Lines, Inc. and Mexicana
98-56 | May 28, 1998
Re: United/Mexicana Codesharing - Answer of American Airlines
In view of the regrettable inability of the United Sates to reach an acceptable agreement with Mexico for third and fourth freedom codesharing, it would be highly imprudent and contrary to the pubilc interest to permit Mexicana to continue to expand its codeshare services via the US.
Counsel: American, David Schwarte
June 12, 1998
Re: Application for Renewal of Statement of Authorization - Codeshare with United Air Lines
Air Canada is applying for this authority on its own behalf and on behalf of its commuter carrier subsidiaries Air Alliance Inc., AirBC Limited, Air Nova Inc., and Air Ontario Inc.to display the United Airlines ("United") designator code on certain flights operated by Air Canada in the U.S.-Canada market.
Counsel: Galland Kharasch, Anita Mosner, 202-342-6794
98-54 | May 20, 1998 | Approved June 12, 1998
Re: Application for Renewal and Amendment of Statement of Authorization - US-Canada (Air Canada Codeshare)
When United filed to renew these two authorities on May 31, 1996, United also sought an amendment so as to make it explicit that the "AC" designator code could be displayed on all transborder flights operated by United and not just on those that were in operation or specifically requested at the time that the initial applications were filed. 'This amendment allowed United to have the flexibility to engage in additional code-sharing consistent with the U.S.-Canada Air Transport Agreement, without seeking additional route-by-route approvals. A similar amendment had been granted to American Airlines, Inc., and Canadian Airlines International by Notice of Action Taken, dated April 18, 1996, in Docket OST-95-792. United now seeks renewal of this existing authority as amended. United also requests a further amendment of its statement of authorization to allow it to display Air Canada's code on beyond-gateway flights within the U.S. to any U.S. point United is authorized to serve.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9130
United Air Lines, Inc. and Mexicana
98-56 | June 9, 1998
Re: Application of United Air Lines, Inc. for Statement of Authorization - Reply of Mexicana
American's answer adds nothing to the record. All of the objections raised by American have been made previously, considered fully, and rejected by the Department. Choosing to ignore this simple fact, American instead seems committed to continuing its litany of misinformation about Mexicana and the Cintra Group in a transparent effort to stymie Mexicana and United in their effort to bring increased benefits to travelers. The Department rejected American's objections in the past and it should reject them today.
American's suggestion that a monolithic Mexican Government controls and manipulates the Cintra Group for the purpose of blocking the expansion of American's codeshare with Aero California is inaccurate and without merit. Mexicana operates subject to the same rules and conditions as Aero California, and obtains designations to serve codeshare markets in the same manner as Aero California or any other Mexican carrier.
Counsel: Squire Sanders, Robert Papkin, 202.626.6600
98-31 | Filed April 15, 1998 | Approved June 12, 1998 through December 8, 1998
Re: Joint Statements of Authorization | DOT Attachment
United Airlines, Inc. ("United") and Compania Mexicana cle Aviacion, C.V. de S.A., ("Mexicana") hereby jointly apply, under 14 CFR Parts 207 and 212, for renewal of their respective statements of authorization to engage in reciprocal code-share services between the U.S. and Mexico and between Mexico and Costa Rica. Specifically, United and Mexicana request renewal of the statements of authorization granted by Notices dated June 24, 1997, in Docket OST-96-1988 and confirmed by Order 97-7-31, July 29, 150 and by Notice 97-424, dated July 16,1997 (SFO-MEX-SFO). Renewal of these statements of authorization (with the exception of San Antonio-Mexico City) was granted on December 18, 1997 and the authority now expires on June 14, 1998.
United also requests renewal of the statement of authorization granted on December 18, 1997 which amended its statement of authorization issued by Notice dated June 24, 1997, in Docket OST-96-1 988 (Order 97-7-3 1). This amendment allowed United to display Mexicana's designator code on flights operated by United between Denver and Mexico City (DEN-MEX-DEN) and this authority also expires on June 14, 1998
Counsel: Squire Sanders, Robert Papkin for Mexicana, 202.626.6600; Ginsburg Feldman, Joel Burton for United, 202.637.9130
98-279 | Filed May 13, 1998 | Approved June 12, 1998 through December 8, 1998
Re: Renewal of Statement of Authorization | DOT Attachment
Mexicana's flights in the Chicago-Morelia and San Francisco-Morelia markets are carrying United's code currently, generating significant service benefits and options for the public.
Counsel: Squire Sanders, Charles Donley II, 202.626.6840
Transportes Aeromar - (Renew Codesharing with United Air Lines, Inc.)
98-263 | Filed May 6, 1998 | Approved for 179 Days June 19 with the Remainder Dismissed
Re: Renewal of Approval of All Codesharing Agreements - (Stamp is on Page 4)
Transportes Aeromar, a Mexican commuter carrier authorized by the Department to operate nonstop scheduled services between San Luis Potosi, Mexico, and San Antonio, Texas, USA, and Monterrey (MTY), Mexico and San Antonio, Texas, USA, applies to the Department of Transportation for continued renewed approval of all of its code sharing arrangements with United Airlines. A list of approved code share city pairs.
Codeshare City Pairs:
Counsel: Herbert Rosenthal, 202.785.9773
United Air Lines, Inc. - (Codeshare with Lufthansa German Airlines)
June 17, 1998
Effective August 1, 1998, United will place its code on Lufthansa's flights between Munich and Cairo.
Attachment UA-1: Codeshare Market
Counsel: Yvonne Bress for United, 847.700.3956
United Air Lines, Inc and All Nippon Airways Co., Ltd.
July 10, 1998
Re: Joint Application for Statements of Authorization
Enclosed please find a copy of the Special Prorate Agreement entered into between United Air Lines and All Nippon Airways in connection with the Code Share and Regulatory Cooperation Agreement between United Air Lines and All Nippon Airways. It has been redacted to remove pricing information which is proprietary in nature.
Counsel: Ginsburg Feldman, Joel Burton for United, 202.637.9130; Zuckert Scoutt, James Devall for All Nippon, 202.298.8660
United Air Lines, Inc. and Aerovias de Mexico, S.A. de C.V.
98-013 | Filed January 8, 1998 | Withdrawn, Per Joint Applicants' Request, July 15, 1998
Re: Withdrawl of Joint Application for Renewal of a Statement of Authorization to Codeshare
Under the code share/blocked space agreement, Aeromexico has been carrying United's code on one daily round trip between Mexico City and Miami. The United code may be carried on additional Aeromexico Mexico City-Miami flights and in additional U.S.-Mexico markets as agreed to by the parties in the future and subject to any necessary governmental approvals.
The proposed code-share/blocked space services has permitted United to maintain its competitive presence in the Miami-Mexico City market, and, at the same time, permitted it to free-up an aircraft for service in other markets thereby enhancing the economic productivity of its fleet to the benefit of the traveling public. It also has enhanced the economics of Aeromexico's Miami-Mexico City operations.
Counsel: Ginsburg Feldman, Joel Burton, 202-637-9057 for United / Verner Liipfert, William Evans, 202-371-6030 for Aeromexico
United Air Lines, Inc. and All Nippon Airways Co., Ltd. - (US-Japan Codesharing)
98-36 | Filed May 1, 1998 | Approved August 7, 1998
Joint Application for Statements of Authorization | DOT Attachement with Approval Stamp
United Air Lines, Inc. ("United") and All Nippon Airways Co., Ltd. ("ANA") hereby jointly request issuance of Statements of Authorization to enable them to offer code-share services on certain of each other's flights as identified herein. These Statements of Authorization should be issued for an indefinite period subject to the standard conditions applicable to such indefinite authority.
Counsel: Zuckert Scoutt, James Devall for ANA, 202.298.8660; Ginsburg Feldman, Joel Burton for United, 202.637.9130
United Air Lines, Inc. - (Codeshare with Air New Zealand Limited)
August 17, 1998
Re: Application for Renewal of Statement of Authorization
On October 17, 1997, the Department approved United's Statement of Authorization to permit United to display ANZ's designator code on United flights between (1) any points within the United States in conjunction with codeshare services held out by ANZ between New Zealand and the United States (either nonstop or via intermediate points); and (2) Los Angeles and Vancouver, Canada. Approval of this authority was granted in Order 98-1-4 on October 17, 1997 and will expire on October 17, 1998. The grounds supporting the Department's original approval remain unchanged and support this renewal of United's Statement of Authorization.
Counsel: Ginsburg Feldman, Joel Burton, 202.637.9130
United Air Lines, Inc. and All Nippon Airways Co., Ltd.
Undocketed | August 17, 1998
Petition of United Air Lines for Review of Staff Action
United seeks review of this condition pursuant to 14 CFR §385.31(b)(2) in circumstances where a substantial and important question of policy is raised by imposition of the condition against limited exclusivity in the case of the United/ANA code shares but not in the case of the code shares involving other carriers such as Continental, Delta and Air France. On review, United urges the Department to reconsider and eliminate the condition on the United/ANA code share in light of its unconditional approval of the virtually contemporaneous code shares of Continental, Delta and Air France which are also subject to various exclusivity terms. Such review is required in light of the more restrictive nature of the US-France bilateral agreement as compared with that between the U.S. and Japan.
Counsel: Ginsburg Feldman, Joel Burton, 202.637.9130
Air New Zealand Limited - (Codeshare with United Air Lines, Inc.)
98-410 | Filed July 24, 1998 | Approved August 27, 1998
Re: Application for Statement of Authorization | DOT Attachment - Conditions
Counsel: Fulbright Jaworski, Susan Gotbetter, 202.318.3000
United Air Lines, Inc. and All Nippon Airways Co., Ltd. - (US-Japan Codeshare)
Undocketed | August 27, 1998
Delta opposes the imposition of a prohibition against exclusivity clauses on an across the board basis. Rather, each code-share arrangement should be evaluated on a case-by-case basis and conditions, such as those prohibiting the use of exclusivity clauses, should be tailored to address the specific concerns involved in each particular matter. The non-exclusivity condition that was imposed on American-TACA was one of several conditions designed to remedy the substantial competition concerns that were highly unique to the American/TACA arrangement. The Department found that the partnership between American and its principal foreign flag competitors serving Central America at Miami -- the primary U.S.-gateway to Central America -- would result in significant injury to competition in the absence of conditions designed to preserve competition among the carriers, because of the lack of viable
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060
Answer of Continental Airlines to Petition for Review of Staff Action
United's petition rests on the false premise that the U.S.-France bilateral agreement is "more restrictive" than the U.S.-Japan bilateral agreement. (United Petition at 2) In fact, just the opposite is true. The U.S.-France market is served by more U.S. combination carriers than serve the U.S.-Japan market. The U.S.-France bilateral agreement leads directly to an open U.S.-France transatlantic regime, while the U.S.-Japan bilateral agreement never eliminates restrictions on transpacific operations. Although United enjoys broad rights as an incumbent under the U.S.-Japan agreement, most U.S. carriers will receive far greater opportunities from the U.S.-France agreement at the end of the transitional period than they will ever receive from the U.S.-Janan agreement.
Counsel: Crowell Moring, R. Bruce Keiner and Lorraine Halloway, 202.624.2500
Air Canada - (Codeshare with United Air Lines)
98-323 | Filed June 12, 1998 | Approved August 27, 1998
Re: Renewal of Statement of Authorization | DOT Attachment - Conditions
Air Canada is applying for this authority on its own behalf and on behalf of its commuter carrier subsidiaries Air Alliance Inc., AirBC Limited, Air Nova Inc., and Air Ontario Inc.to display the United Airlines ("United") designator code on certain flights operated by Air Canada in the U.S.-Canada market.
Counsel: Galland Kharasch, Anita Mosner for Air Canada, 202.342.6794
United Air Lines, Inc. - (Code-Share with Air Canada)
98-87 | August 31, 1998
Re: Application for Statement of Authorization
United Air Lines, Inc. ("United") hereby requests a Statement of Authorization pursuant to 14 CFR Part 212 to allow it to display the designator code of Air Canada ("AC") on United's scheduled service between Los Angeles and Auckland, New Zealand. United operates daily Los Angeles-Auckland service with B-747 aircraft.
Counsel: Kirkland Ellis, Jeffrey Manley, 202.879.5000
United Air Lines, Inc. and All Nippon Airways Co., Ltd. - (US-Japan Codesharing)
Undocketed | September 8, 1998
Consolidated Reply of United Air Lines, Inc. and Motion for Leave to File
Counsel: Kirkland Ellis, Jeffrey Manley, 202.879.5161
United Air Lines, Inc. - (Code-Share with Air Canada)
98-87 | Filed August 31, 1998 | Approved September 15, 1998
Statement of Authorization | DOT Attachment - Stamp and Conditions
United Air Lines, Inc. ("United") hereby requests a Statement of Authorization pursuant to 14 CFR Part 212 to allow it to display the designator code of Air Canada ("AC") on United's scheduled service between Los Angeles and Auckland, New Zealand. United operates daily Los Angeles-Auckland service with B-747 aircraft.
Counsel: Kirkland Ellis, Jeffrey Manley, 202.879.5000
Mexicana Airlines - (Codeshare Mexico City-Miami with United Air Lines, Inc.)
98-128 | September 25, 1998
Re: Codeshare Statement of Authorization - DOT Letter
By: Allen Brown
United Air Lines, Inc. and Lufthansa German Airlines
September 30, 1998
Re: United/Lufthansa Code Share
Counsel: Kirkland Ellis, Jeffrey Manley for United, 202.879.5000 and Wilmer Cutler, James Campbell for Lufthansa, 202.663.6000
ALM 1997 Airline N.V. d/b/a Air ALM and United Air Lines
October 13, 1998
Re: Renewal of Statement of Authorization to Code Share With UAL
Miami-Curacao/Bonaire via Puerto Plato/Santo Domingo; Caracas-Curacao; Curacao/Bonaire-Miami via Aruba/Port-au-Prince. Windward Island Airways International (San Juan-St. Maarten) and Suriname Airways (Paramaribo-Miami)
Counsel: Kirkland & Ellis, Bruce Rabinovitz, 202.879.5000
Northwest Airlines, Inc. and Air China International Corporation
November 3, 1998
Re: Response of United Air Lines to Petition for Review of Staff Action
By Petition dated October 23, 1998, in the referenced proceeding, Northwest Airlines, Inc. ("Northwest") has sought review of staff action relating to a condition imposed by Notice dated October 16, 1998 on an exclusivity clause included in its code-share agreement with Air China International. United intends to respond to the same condition, but will do so by Petition for Reconsideration under Rule 37 ofthe Department's Rules of Practice, 14 CFR §302.37. The October 16, 1998, Notice is a "final order." Therefore, as United understands it pursuant to discussions with DOT staff, under the Department's Rules of Practice, a Rule 37 petition is the appropriate remedy.
A Rule 37 petition is due on November 5, 1998. United will, of course, serve a copy of its petition of that date on Northwest as well as the other parties to this proceeding.
Counsel: United and Kirkland Ellis, Bruce Rabinovitz, 202-879-5161
United Air Lines, Inc. and Air India
Re: Application for Renewal of Statements of Authorization to Codeshare for Air India
United Air Lines, Inc. ("United") requests renewal of its Statements of Authorization pursuant to 14 CFR §2 12.11 permitting United to use the "AI" airline designator code of Air India Limited ("Air India") on certain flights operated by United between New York/Newark and Delhi via London (Heathrow) and between Washington, D.C. (Dulles) and Delhi via London (Heathrow).
Counsel: UAL and Kirkland & Ellis, Jeffrey Manley, 202.879.5000
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
November 12, 1998
Re: Joint Application for Renewal of Statements of Authorization - Codeshare Services
Counsel: Kirkland Ellis, Jeffrey Manley, 202-879-5000 for United / Squire Sanders, Robert Papkin, 202-626-6601 for Mexicana
Spanair, S.A. and United Air Lines, Inc.
November 13, 1998
Re: Joint Response fo Spanair and United to TWA
TWA suggests that the commercial arrangement reflected in the Spanair/United code-share agreement does not provide an adequate guarantee for the Postal Service that space will be available on Spanair's flights to accommodate the mail. Spanair and United are confident that the Postal Service's requirements will be satisfied fully by the arrangements being established between the parties. Moreover, this is clearly a Postal Service matter and not appropriately the subject of a DOT licensing proceeding.
Counsel: Kirkland Ellis, Jeffrey Manley for United / Hallinan Camche, Joel Camche for Spanair
United Airlines and Scandinavian Airlines System (SAS)
September 22, 1998
Re: United Airlines/SAS New Code Share Markets
Attachments UA/SK1&2: Markets/Marketing Carriers/Dates
Counsel: Bagileo Silverberg, Michael G. Goldman for SAS, 202.944.3305, and Michael Whitaker, Dir.-Intl&Regulatory Affairs for United, 847.700.3955
United Air Lines, Inc. and Air India
98-111 | November 11, 1998
Counsel: Richard Fahy, Consulting Attorney
United Air Lines, Inc. and Compania Mexicana de Aviacion, C.V. de S.A.
98-114 | November 12, 1998
Re: Joint Application for Renewal of Statements of Authorization (Code-Share Services)
United Air Lines, Inc. ("United") and Compania Mexicana de Aviacion, C.V. de S.A. ("Mexicana") hereby jointly apply, under 14 C.F.R. Part 212, for renewal of their respective statements of authorization to engage in reciprocal code-share service between the U.S. and Mexico and between Mexico and Costa Rica. The code sharing authorized by these statements of authorization is detailed in the attachment submitted herewith.
Code-Share City-Pairs | Service List
Reciprocal code-share service between the U.S. and Mexico and between Mexico and Costa Rica
Counsels: Kirkland & Ellis, Jeffrey Manley for United, 202.879-5000, Squire Sanders, Charles Donley II for Mexicana, 202.626.6601
United Air Lines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V.
98-114 | November 23, 1998
Re: Joint Reply of American Airlines and Aero California
No real enhancement of public benefits from U.S./Mexico cross-border codesharing can occur until Mexican aeronautical authorities relax their restrictive designation rule with respect to codesharing. Mexican policy in this respect restrains, rather than enhances, transborder codeshare opportunities. The policy serves to protect the market position of Mexicana and its commonly-owned sister carrier Aeromexico (both of which are essentially owned and controlled by the Mexican government) at the expense of privately-owned Aero California. Unfortunately Mexican authorities have avoided responding to U.S. proposals seeking to find a solution to the issue. As a result, far fewer U.S.-Mexico city pairs enjoy the "enhanced" service benefits of codesharing than would be the case if Mexican authorities were persuaded to relax their restrictive designation rule for codesharing.
Counsel: Steptoe Johnson, David Coburn, 202-429-8063 for Aero California / American, Carl Nelson, 202-496-5647
United Air Lines, Inc. and Lufthansa German Airlines
December 2, 1998
Pursuant to the blanket Statement of Authorization granted to United Air Lines, Inc. and Lufthansa German Airlines on April 9, 1998 (Order 98-4-8), United and Lufthansa hereby notify the Department that United will place its "UA" designator code on flights operated by Lufthansa:
Counsel: Wilmer Cutler, James Campbell, 202-663-6000 for Lufthansa / Kirkland Ellis, Jeffrey Manley, 202-879-5000
98-707 | Approved December 9, 1998 - Approval stamp on page 2
Re: Renewal of Approval of All Code Sharing agreements with United Airlines
By: Allen Brown
United Air Lines, Inc. and Compania Mexicana de Aviacion, C.V. de S.A.
98-114 | Filed November 12, 1998 | Issued December 4, 1998 | Expires June 1, 1999
Re: Joint Application for Renewal of Statements of Authorization (Code Share Services)
Renewal of their respective statements of authorization to engage in reciprocal code-share service between the U. S. and Mexico and between Mexico and Costa Rica. We have decided to extend the requested code-share authorizations for 179 days. We anticipate meeting with Mexican officials in the near future in the interest of achieving liberalization of the U.S.-Mexico code-share regime. In the meantime, we believe that our policy to limit U.S./Mexican carrier code-share authorities to 179 days provides an adequate opportunity to monitor closely the aviation relationship with Mexico in this regard, while still facilitating the services that U.S. and Mexican carriers, including American and Aero California, now provide.
Counsels: Kirkland Ellis, Jeffrey Manley for UAL, 202.879.5000 and Squire Sanders, Charles Donley II for Mexicana, 202.626.6601
United Air Lines, Inc. and All Nippon Airways Co., Ltd.
December 16, 1998
Re: Notice of United Air Lines, Inc. and All Nippon Airways Co., Ltd.
United will place its designator code on flights operated by ANA between Narita and Bangkok and ANA will place its designator code on flights operated by United between the same points. Service under United's code on ANA's flights between Tokyo and Bangkok will be limited to blind sector traffic only. In these circumstances, these code-share services are consistent with. the U.S./Thailand, the U.S./Japan and the Japan/Thailand bilateral air service agreements.
Counsel: Kirkland Ellis, Jeffery Manley for United, 202.879.5161 and Zuckert Scoutt, James Devall for ANA, 202.298.8660
United Air Lines, Inc. and Air Canada
December 22, 1998
Re: Application of United for Statement of Authorization - Miami-Caracas
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161
United Air Lines, Inc. and Air Canada
December 29, 1998
Re: Application for Statement of Authorization - US-Mexico City
United and Air Canada plan to begin code-share service to Mexico City starting on January 25, 1999. In these circumstances, and because authorization is consistent with DOT policy, United seeks expeditious approval of this statement of authorizations.
For the reasons stated above, United requests approval of this statement of authorization for an indefinite period subject to the normal conditions. Approval of this statement of authorization would be fully consistent with the public interest, and is authorized under applicable bilateral air service agreements.
Counsel: Kirkland Ellis, Jeffrey Manley, 202-879-5161
United Air Lines and Air Canada
December 30, 1998
Re: Application for Statement of Authorization (codesharing with Air Canada, Miami-Caracas) - Joint Answer of American Airlines and Aeropostal Alas de Venezuela
Counsels: Pierre Murphy for Aeropostal, 202.872.1679 and Carl B Nelson, Jr. for American Airlines, 202.496.5647, carl_nelson@amrcorp.com
United Air Lines, Inc. and Air Canada
98-129 | January 6, 1999
Re: Application for Statement of Authorization to Code Share - Answer of American Airlines
American Airlines, Inc. hereby answers the captioned application submitted on December 29, 1998 by United Air Lines, Inc. seeking a statement of authorization under 14 CFR Part 212 to display the "AC" designator code of Air Canada on United's flights between Chicago, Los Angeles, San Francisco, and Washington, D.C., on the one hand, and Mexico City, on the other. American is this day filing a similar application for a stateme:nt of authorization to display the 'CP" designator code of Canadian Airlines International Ltd. on flights operated by American between Chicago, Dallas/Ft. Worth, Los Angeles, and Miami, on the one hand, and points in Mexico, on the other, on a blind sector basis for passengers traveling between Canada and Mexico. American proposes to commence such codesharing service on January 17, 1999, and is requesting approval on an expedited basis.
Counsel: Carl B. Nelson, Jr., 202.496.5647, carl_nelson@amrcorp.com
United Air Lines and All Nippon Airways
January 13, 1999
Pursuant to the blanket Statement of Authorization granted to United Air Lines, Inc. ("United") and1 All Nippon Airways Co., Ltd., ("ANA") on August 7, 1998, United and ANA hereby notify the Department that United and ANA intend to begin code-share services (UA/NH*) on February 15, 1999 between San Francisco and the following U.S. points: Salt Lake City, Las Vegas, Denver, Phoenix, and Seattle.
On March 8, 1999, the carriers will also begin code shares on flights between Tokyo and Singapore. This will involve United displaying ANA’s code on NRT-SIN flights operated by United (UA/NH*) These code-share services are consistent with the U.S./Singapore, the U.S./Japan and the Japan/Singapore bilateral air service agreements.
Counsel: Zuckert Scoutt, James Devall for ANA, 202.298.8660 and Kirkland & Ellis, Jeffrey Manley for UAL, 202.879.5000
United Air Lines, Inc. and Lufthansa German Airlines
January 28, 1999
Pursuant to the blanket Statement of Authorization granted to United Air Lines, Inc. and Lufthansa German Airlines on April 9, 1998 (Order 98-4-8), United and Lufthansa hereby notify the Department that United's "UA" designator code will be displayed on flights operated by Lufthansa:
Counsels: Wilmer Cutler, James Campbell for Lufthansa, 202.663.6000 and Kirkland & Ellis, Jeffrey Manley for UAL, 202.879.5000
January 28, 1999
Re: Application for a Statement of Authorization (United Air Lines) and Waiver
For the foregoing reasons, Air New Zealand requests a statement of authorization to permit it to carry United's designator code on services between Sydney, Australia and Christchurch/and Wellington, New Zealand for an indefinite period consistent with the Department's current policies and standard conditions. Air New Zealand respectfully requests a waiver of the 45-day filing deadline. The parties plan to begin code-haring on these routes on February 11 and to open these routes for sale on February 6, 1999.
Counsel: Fulbright Jaworski, Stewart Herman, 212.318.3000
United Air Lines, Inc. and Lufthansa German Airlines
February 9, 1999
Re: 30-Day Notice of United Air Lines and Lufthansa German Airlines
The proposed code-share services are consistent with both the U.S.-Germany Open Skies Air Transport Agreement and with principles of comity and reciprocity as evidenced by the approval granted by the government of Namibia. The services will be implemented on or after March 11, 1999.
Counsel: Wilmer Cutler, James Campbell for Lufthansa, 202.663.6000 and Kirkland and Ellis, Jeffrey Manley for UAL, 202.879.5000
February 9, 1999
Re: Application for Statement of Authorization and Waiver (United Air Lines)
Both Air New Zealand and United hold the necessary underlying economic authority. Air New Zealand holds exemption authority, as amended, authorizing it to operate scheduled services from points behind New Zealand via New Zealand and intermediate points in the South Pacific to points in the United States and beyond. Confirmed by Order 98-7-13. United holds a certificate of public convenience and necessity authorizing it to provide scheduled services on Route 130 to all points in New Zealand and Australia. Order 92-3-38. Air New Zealand requests a statement of authorization to permit it to carry United's designator code on services between any point or points in New Zealand and any point or points in Australia for an indefinite period consistent with the Department's current policies and standard conditions.
Counsel: Fulbright Jaworski, Susan Gotbetter, 212.318.3000 sgotbetter@fulbright.com
United Air Lines, Inc and Lufthansa German Airlines
February 11, 1999
Pursuant to the blanket Statement of Authorization granted to United Air Lines, Inc. ("United") and Lufthansa German Airlines ("Lufthansa") on April 9, 1998 (Order 98-4-8), United and Lufthansa hereby notify the Department that Lufthansa's "LH'' designator code will be placed on flights operated by United:
Counsel: Wilmer Cutler, James Campbell for Lufthansa, 202.663.6000 and Kirkland Ellis, Jeffery Manley for United, 202.879.5000
All Nippon Airways Co., Ltd. and United Air Lines, Inc.
February 19, 1999
Pursuant to the blanket Statement of Authorization granted to All Nippon Airways Co., Ltd. ("ANA") and United Air Lines, Inc. ("United") on August 7, 1998, ANA and United hereby notify the Department of the following code-share operations:
1) NRT-ORD and ORD-NRT, ANA operating carrier, United code, effective April 13, 1999.
2) ORD-CVG and CVG-ORD, United operating carrier, ANA code, effective April 13, 1999.
3) ORD-CLE; and CLE-ORD, United operating carrier, ANA code, effective April 13, 1999.
4) ORD-IND and IND-ORD, United operating carrier, ANA code, effective April 13, 1999.
5) ORD-CMH and CMH-ORD, United operating carrier, ANA code, effective April 13, 1999.
6) ORD-MIA. and MIA-ORD, United operating carrier, ANA code, effective April 13, 1999.
Counsels: Kirkland & Ellis, Jeffrey Manley for UAL, 202.879.5000 and Zuckert Scoutt, Charles Simpson, Jr. for ANA, 202.298.8660
United Air Lines, Inc. and Scandinavian Airlines System
March 2, 1999
SAS will place "SK" designator code on flights operated by United between BOS-LHR to be implemented on April 4, 1999
Counsel: Bagileo Silverberg, Michael Goldman for SAS. 202.944.3305 and Kirkland Ellis, Jeffery Manley for UAL, 202.879.5000
U.S.-Mexico Carrier Codeshare Notification Authorizations
America West - Issued March 3, 1999
American Airlines - Issued March 3, 1999