USA 3000 Airlines

Hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation between Philadelphia, PA and Cancun, Mexico. USA has been successfully operating scheduled combination service on this route since grant of authority utilizing Airbus A-320 aircraft.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-16916 - Baltimore-Bermuda Scheduled Service

January 14, 2004

Erratum - Application for Renewal of Exemption Authority

By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between Baltimore, MD and Bermuda. USA 3000 plans to begin service to Bermuda on this route on or about May 7, 2004 or as soon thereafter as all necessary Bermuda licenses have been obtained. USA 3000 intends to operate these services with its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

USA 3000's proposed service would provide competition for other flights to Bermuda currently offered from U.S. gateways by other air carriers. Delta at Boston and Atlanta; US Airways at Baltimore, Boston, Charlotte, Ft. Lauderdale, New York-LGA, Philadelphia and Washington, DC; Continental at Newark; and American at New York-JFK.

Counsel: Pierre Murphy, 202-776-3980

OST-04-16899 - US Airways Application for Orlando-Bermuda Filed January 9th

OST-02-11725 - Philadelphia-Cancun
OST-02-11726 - Philadelphia/Newark- Punta Cana, Dominican Republic

January 29, 2004

On December 3, 2003 Brendan Airways, LLC, dlb/a USA 3000 Airlines inadvertently filed an application for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation between Philadelphia, PA and Cancun, Mexico in Docket OST-02-11726 due to a typographical error. The correct docket number into which this renewal application should have been submitted is Docket OST-02-11725. USA 3000 therefore requests that the December 3, 2003 Application for Renewal of Exemption Authority be removed from Docket OST-02-11726 and placed into Docket OST-02-11725.

Counsel: Pierre Murphy, 202-776-3980

OST-04-16916 - Exemption - Baltimore-Bermuda

January 29, 2004

Answer of State of Maryland in Support of Application

Counsel: Preston Gates, Jonathan Blank, 202-628-1700

OST-02-11725 - Exemption - Phildelphia-Cancun

Filed December 3, 2003 | Issued January 30, 2004

Scheduled foreign air transportation of persons, property, and mail between the terminal point Philadelphia, Pennsylvania, and the terminal point Cancun, Mexico.

By: Paul Gretch

OST-04-16916 - Baltimore-Bermuda

Filed January 14, 2004 | Issued February 20, 2004

Re: Family Assistance Plan

Scheduled foreign air transportation of persons, property, and mail between Baltimore, Maryland and Bermuda. The State of Maryland filed an answer in support of USA 3000 Airlines’ application.

By: Paul Gretch

OST-96-1960 - Family Assistance Plans

February 23, 2004

By: Brian DeLay

OST-04-17351 - Exemption - Detroit-Cancun

March 16, 2004

Notice of USA 3000 Airlines

By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibit USA3K-100 herein. USA 3000 plans to begin service to Mexico on this route on or about May 1, 2004 or as soon thereafter as all necessary Mexican licenses have been obtained and/or amended, and service will be provided on a year-round basis. USA 3000 intends to operate these services with aircraft from its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

The U.S. - Mexico Bilateral Air Services Agreement, as amended, permits each country to designate up to two (2) carriers for operation with their own aircraft of scheduled combination services between any pair of cities. USA 3000 understands that only Northwest Airlines is currently authorized and designated to provide service on the Detroit- Cancun city-pair, with one additional designation therefore currently available for allocation. Spirit Airlines, Inc. recently also applied for an exemption to provide scheduled service on the Detroit-Cancun route. See: March 2, 2004 application of Spirit Airlines, Inc. (Docket OST-04-17234).

USA 3000 holds effective certificates of public convenience and necessity. See DOT Order 2001-12-22, Dockets OST-00-8029 & 8030 (interstate and foreign scheduled combination). USA 3000 also holds exemption authority for and currently operates U.S.-Mexico scheduled services between a number of U.S. points to points in Mexico, as well as both U.S.-Dominican Republic and U.S.-Bermuda scheduled combination services (See: NOAT's dated October 30, 2002 - Docket OST-02-13526; and February 20, 2004 - Docket OST-04-16916). Philadelphia-Cancun (Docket OST-02-11725); Baltimore-Cancun; Cincinnati-Cancun (Docket OST-02-13527); and Pittsburgh-Cancun (Docket OST-02-14000).

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

Northwest - OST-98-3844 - OST-99-6319 - Order 2000-5-31 - Certificate
Continental - OST-99-5154

OST-03-15021 - Waiver of the Dormancy Conditions on Limited-Entry Route Authority
OST-02-13527 - US-Mexico (Chicago-Durango)

March 16, 2004

To the extent necessary, USA 3000 requests leave to file late the Notice required by Order 03‑4-18 No other U.S. carrier currently operates to Durango and no party will be prejudiced by this late filing.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-17351 - Detroit-Cancun

March 25, 2004

Answer of Champion Air

Grand Holdings, Inc. d/b/a Champion Air hereby answers in opposition to the above captioned application by USA 3000 Airlines submitted on March 16,2004, requesting exemption authorization to engage in scheduled foreign air transportation of persons, property and mail between Detroit, Michigan and Cancun, Mexico.

Under the terms of the U.S.-Mexico Air Transport Services Agreement, the United States may designate up to two U.S. carriers to serve each eligible U.S.-Mexico City pair. At present, Northwest Airlines is designated to provide service between Detroit and Cancun, leaving one additional designation available for allocation.

The competing applications of Spirit Airlines, USA 3000 Airlines, and Champion Air are mutually exclusive. Under the principles established by the Supreme Court in Ashbacker Radio Corp. v. FCC, the Department is required to conduct a carrier selection proceeding to choose the applicant whose proposal will generate the maximum public benefits.

By: Champion Air, Curt Berchtold, 952-814-8785, curt.berchtold@championair.com

OST-04-17351 - Exemption - Detroit-Cancun

March 31, 2004

Answer of Spirit Airlines

USA 3000 proposes to serve the Detroit-Cancun market only twice per week, which would effectively squander a scarce designation. As Spirit made clear in its Reply to USA 3000 filed yesterday in Docket OST-2004-17234 Spirit's Detroit-Cancun service proposal is superior to USA 3000's in every way, and should be granted without delay.

Counsel: Garfinkle Wang, Anitia Mosner, 703-294-5890

OST-04-17405 - Champion Air's Application for Detroit-Cancun

OST-04-17479 - Exemption - St. Louis-Cancun/Cozumel

April 2, 2004

Reply of Frontier Airlines

By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico. USA 3000 understands that only American Airlines is currently authorized and designated to provide service on the St. Louis- Cancun city-pair, and no U.S. carrier currently appears to be operating service on the St. Louis -Cozumel city pair. On the basis that no U.S. carrier is currently operating scheduled service in the St. Louis-Cozumel city pair and, as far as USA 3000 is aware, there is no application pending for service on this route, both bilateral designations for St. Louis-Cozumel would appear to be available.

Champion Air recently also applied for an exemption to provide scheduled services on a variety of routes including, inter alia St. Louis-Cancun. See: March 24, 2004 application of Champion Air (Docket OST-04-17408).

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmuprhy.com

OST-04-17470 - Frontier Airlines' Application for St. Louis-Cancun

OST-04-17470 - Frontier - St. Louis-Cancun
OST-04-17408 - Champion Air - US-Mexico
OST-04-17479 - USA 3000 - St. Louis-Cancun/Cozumel

April 8, 2004

On April 1, 2004 Frontier Airlines, Inc. applied for authority to provide scheduled service between St. Louis, Missouri and Cancun, Mexico. On April 2, USA 3000 Airlines filed an application to operate service on this route and on March 24 Champion Air filed an application to operate service on this route. If true open skies existed between the U.S. and Mexico, Frontier would not object to the petitions of either Champion or USA 3000 to serve the STL-CUN market. However, given the fact that only one additional carrier can be designated and licensed to provide this service, the choice should be Frontier.

In addition to introducing year-round scheduled service between STL and CUN, Frontier is working with the airport authority and the STL community to establish alternative travel options to various domestic and international locations from STL. Frontier would make far greater use of its STL-CUN route rights than would either USA 3000 or Champion.

As the Department of Transportation stated when it recently allocated (Order 2004-4-1) Ronald Reagan Washington National Airport slots to Frontier. Frontier is a new entrant/limited incumbent with a record as a low-fare competitor that will help discipline the multiple markets that it serves via its Denver hub. If Frontier can add international service to its domestic presence in STL, that same discipline will be brought to all markets in STL. Moreover, by adding an international destination, Frontier’s base in STL will also expand.

Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7501, epfaberman@uhlaw.com

OST-04-17408 - Champion Air - St. Louis-Cancun
OST-04-17470 - Frontier Airlines - St. Louis-Cancun
OST-04-17479 - USA 3000 Airlines - St. Louis-Cancun

April 16, 2004

Consolidated Answer and Motion of Champion Air for Consolidation

Grand Holdings, Inc. d/b/a Champion Air hereby submits the following answer in support of its application and in opposition to the applications of Frontier Airlines, Inc. and USA 3000 Airlines for authority to operate nonstop service between St. Louis, Missouri and Cancun, Mexico. Champion Air also requests that the Department set down a simplified and expedited carrier selection proceeding consolidating the above-captioned applications and to establish uniform procedural dates for consideration of these applications.

Champion Air objects to the applications of Frontier and USA 3000 for exemption authority in the St. Louis-Cancun city-pair market to the extent that these applications preclude Champion Air's applications for authority in this market. If true open skies existed between the U.S. and Mexico, Champion Air would not object to the petitions of either Frontier or USA 3000 to serve the St. Louis-Cancun market. However, given the fact that only one additional carrier can be designated and licensed to provide this service, the choice should be Champion Air. Champion Air understands that American Airlines holds one of the two designations in the St. Louis-Cancun market, leaving one designation available for allocation.

By: Champion Air, Edward Davidson, 952-814-8785, edward.davidson@championair.com

OST-04-17599 - US-Bermuda Scheduled Service

April 20, 2004

Engage in scheduled foreign air transportation of persons, property and mail between New York/Newark (EWR) and Bermuda (BDA) as more fully described in Exhibit USA3K-100 herein. USA 3000 plans to begin service to Bermuda on this route on or about September 3, 2004, or as soon thereafter as all necessary Bermuda licenses have been obtained. USA 3000 intends to operate these services with its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

Counsel: Pierre Muprhy, 202-776-3980

OST-04-17599 - New York/Newark-Bermuda

Filed April 20, 2004 | Issued May 11, 2004

Scheduled foreign air transportation of persons, property and mail between New York/Newark (EWR) and Bermuda (BDA). USA 3000 states that it plans to begin service to Bermuda on this route on or about September 3, 2004, or as soon thereafter as all necessary Bermuda licenses have been obtained.

By: Paul Gretch

Order 04-05-12
OST-04-16943 - Violations of 49 USC 41712 and 14 CFR Part 399

Issued and Served May 13, 2004

Consent Order

As an air carrier, USA3000 is subject to the advertising requirements of Part 399. To ensure that consumers are not deceived and are given accurate and complete fare information on which to base their airline travel plans, section 399.84 requires that fare advertisements by carriers or their agents state the full price to be charged the consumer. Under long-standing enforcement case precedent, the Department has allowed taxes and fees collected by carriers and other sellers of air transportation, such as passenger facility charges and departure taxes, to be stated separately from the base fare in advertisements, so long as the charges are approved or levied by a government entity, are not ad valorem in nature, are collected on a per-passenger basis, and their existence and amount are clearly indicated in the advertisement so that the consumer can determine the full fare to be paid. However, additional carrier-imposed fees and charges, including fuel surcharges, must be included in the advertised base fare. Advertisements that do not include carrier-imposed fees and charges in the advertised base fare, such as those of USA3000 described above, do not comply with section 399.84 or the Department's enforcement case precedent and constitute an unfair and deceptive trade practice in violation of 49 U.S.C. § 41712.

In mitigation, USA3000 maintains that it did not intend to violate the Department's advertising regulations. The carrier states that, prior to inquiry by the Department, it caught and corrected the problem. It first stopped separating its fuel surcharge from the base fares in its newspaper advertisements. Next, at a considerable administrative cost, USA3000 voluntarily refunded fuel surcharges of approximately $83,000 to all of the consumers who had purchased tickets during the approximately two week period that the surcharge was in effect. In addition, the carrier points out that, at all times in this matter, it has exhibited a cooperative and compliant attitude and has sought advice from the Department to ensure that its future operations comply with the Department's advertising requirements.

By: Rosalind Knapp

OST-02-13527 - US-Mexico Scheduled Service

June 17, 2004

Hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation on the following U.S. - Mexico routes:

Baltimore, MD - Cancun, Mexico
Cincinnati, OH ‑ Cancun, Mexico

By this Exemption, USA 3000 was also awarded scheduled authority on the route Chicago-Durango, however USA 3000 is not seeking renewal of that authority herein.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-02-13526 - US-Dominican Republic Scheduled Service

June 17, 2004

Hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation from points behind the United States via the United States and intermediate points to a point a points in the Dominican Republic and beyond. USA has been successfully operating scheduled combination service on this route since grant of authority utilizing Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-02-13526 - US-Dominican Republic

Filed June 17, 2004 | Issued July 6, 2004

Answer of State of Maryland in Support of Application of USA 3000 Airlines for Renewal of Exemption

Scheduled foreign air transportation of persons, property, and mail from points behind the United States via the United States and intermediate points to a point or points in the Dominican Republic and beyond.

By: Paul Gretch

OST-02-13527 - US-Mexico Scheduled Service

July 2, 2004

Throughout last year, USA 3000 Airlines provided the only nonstop scheduled service to Cancun from the region. Currently, USA 3000 Airlines operates twice weekly from BWI to Cancun. Its BWI service commands 84 percent of the weekly seats to Cancun from the region, and has exhibited strong load factors throughout its service history. Cancun ranks as the fifth largest international destination and the top Latin American destination for passengers in the region.

Counsel: Preston Gates, Jonathan Blank and David Thomas, 202-628-1700

OST-02-13527 - US-Mexico Scheduled Service

Filed June 17, 2004 | Issued July, 21, 2004

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Baltimore, Maryland, and the terminal point Cancun, Mexico, and (2) the terminal point Cincinnati, Ohio, and the terminal point Cancun, Mexico.

By: Paul Gretch

2004 US-Mexico Combination Service Proceeding

Order 04-07-17
OST-2004-18692 - 2004 US-Mexico Combination Service Proceeding
OST-2004-17416 - Allegiant Air - Denver-Cancun
OST-2004-17407 - Champion Air - Denver-Cancun
OST-2004-17299 - United Air Lines - Denver-Cancun
OST-2004-17408 - Champion Air - US-Mexico
OST-2004-17491 - United Air Lines - Denver-Puerto Vallarta
OST-2004-17405 - Champion Air - Detroit-Cancun
OST-2004-17234 - Spirit Airlines - Detroit-Cancun
OST-2004-17351 - USA 3000 - Detroit-Cancun
OST-2004-17470 - Frontier Airlines - St. Louis-Cancun
OST-2004-17479 - USA 3000 - St. Louis-Cancun/Cozumel

Issued and Served July 21, 2004

Instituting Order | Word

By this order we: (1) institute the 2004 U.S.-Mexico Combination Service Proceeding to select one primary and one backup carrier, to provide foreign air transportation of persons, property, and mail over the following transborder routes: Denver-Cancun, Denver-Puerto Vallarta, Detroit-Cancun, and St. Louis-Cancun; (2) consolidate the already-filed captioned applications into this new proceeding; and (3) direct the applicants to file the requested information, as set forth below.

Summary of Applications Filed

Petitions for Reconsideration:	July 28, 2004
Answers to Petitions:	August 2, 2004
Direct Exhibits:	August 16, 2004
Rebuttal Exhibits:	August 30, 2004
Briefs:	September 7, 2004

By: Karan Bhatia

OST-04-17479 - St. Louis-Cancun/Cozumel

Filed April 2, 2004 | Issued July 23, 2004

Re: Increase in Allowed Complement of Aircraft

Scheduled foreign air transportation of persons, property, and mail between: (1) the terminal point St. Louis, Missouri, and the terminal point Cancun, Mexico; and (2) the terminal point St. Louis, Missouri, and the terminal point Cozumel, Mexico. No party opposed the applicant’s request for authority to serve the St. Louis-Cozumel market.

By: Paul Gretch

OST-02-13526 - US-Dominican Republic

August 19, 2004

As it has in the past, USA 3000 indicates that the operating costs resulting from each additional aircraft will be more than covered through internally generated revenues. As of April 30, 2004, USA 3000’s balance sheet indicates cash and cash equivalents of over $21 million. The carrier states that, in addition to internally generate funds, Mr. John Mullen, USA 3000’s founder and ultimate owner and the owner of Apple Vacations, continues to pledge financial support to the carrier. A letter from Mr. Mullen’s investment firm verifies he has a combination of liquid investments and an unused line-of-credit that would be sufficient to cover any costs not covered by internally-generated revenues.

The FAA has advised us that it has no objections to USA 3000’s adding aircraft beyond the current limit of 10 and that it has no present concerns with the carrier’s operations or management.

Based on the above, we have decided to increase USA 3000’s allowed complement of aircraft from ten to sixteen. Of course, USA 3000 must also receive the appropriate approval for the additional aircraft from the Federal Aviation Administration.

By: Patricia Thomas

OST-02-14000 - US-Mexico Scheduled Service

August 20, 2004

Motion of Frontier for Immediate Action

hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation on the following U.S. ‑ Mexico routes:

Pittsburgh, PA - Cancun, Mexico
Columbus, OH - Cancun, Mexico

USA has been successfully operating scheduled combination service on these routes since grant of authority, utilizing Airbus A‑320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-17470 - Frontier - St. Louis-Cancun
OST-04-17408 - Champion Air - US-Mexico
OST-04-17479 - USA 3000 - St. Louis-Cancun/Cozumel

August 20, 2004

By Order 04-7-17 the Department instituted this proceeding, in part, to select a carrier to operate scheduled service between St. Louis and Cancun. Frontier, Champion, and USA 3000 submitted applications for the St. Louis-Cancun authority. The Order established a procedural schedule for the filing of direct exhibits setting forth detailed information regarding each applicant's service proposals, and required the filing of certain additional documents. The Department also made clear that the provision of the information was mandatory, and stated "we expect all applicants to set out their firm proposals at the Direct Exhibit stage." (p. 6, footnote 8) As Champion failed to present any information or exhibits in the Denver-Cancun and Denver-Puerto Vallarta docket, it has also not submitted any of the information that the Department ordered to be submitted in the St. Louis-Cancun proceeding.

On August 16, 2004, Frontier and USA 3000 filed the STL-CUN information required to be submitted under the Order. However, Champion has not filed any of the additional information set forth in the Order.

Champion cannot be allowed to participate in this proceeding unless it provides all the requested information. If Champion had a valid basis for not submitting the information requested, it should have filed a motion.

Since Champion has elected not to participate in this proceeding, its application for St. Louis-Cancun should be dismissed. Of course, Champion can continue to operate charter flights in this market.

Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com

OST-04-18692 - 2004 US-Mexico Combination Service Proceeding
OST-04-17234 - Spirit - Detroit-Cancun
OST-04-17351 - USA 3000's Application
OST-04-17405 - Champion's Application

August 20, 2004

Motion of Spirit Airlines

By Motion dated August 18, 2004, United Airlines requested, among other things, that the Department remove Champion as a party to the Denver-Cancun/Puerto Vallarta portion of the US-Mexico 2004 Combination Service Proceeding because of Champion’s failure to file Direct Exhibits in this Proceeding, or otherwise prosecute its pending requests for U.S.-Mexico authority.

Spirit Airlines hereby files this Motion to request that, to the extent that the DOT decides to dismiss Champion’s request for Denver-Mexico authority, it should do the same with respect to Champion’s request for Detroit-Cancun authority, as Champion failed to submit Direct Exhibits or otherwise respond to the requests for information required by Order 04-7-17 with regard to that city-pair.

Counsel: Garfinkle Wang, Anita Monser, 703-294-5890

OST-04-18692 - 2004 US-Mexico Combination Service Proceeding
OST-04-17470 - Frontier - St. Louis-Cancun
OST-04-17408 - Champion Air - US-Mexico
OST-04-17479 - USA 3000 - St. Louis-Cancun/Cozumel
OST-04-17234 - Spirit - Detroit-Cancun
OST-04-17351 - USA 3000's Application
OST-04-17405 - Champion's Application
OST-04-17299 - United Air Lines - Denver-Cancun
OST-04-17407 - Champion Air - Denver-Cancun
OST-04-17416 - Allegiant Air - Denver-Cancun
OST-04-17491 - United Air Lines - Denver-Puerto Vallarta

August 20, 2004

Answer of USA 3000 to Motions of United and Spirit and Motion of USA 3000

In addition to supporting the dismissal of Champion's applications in the Denver-Cancun, Denver‑Puerto Vallarta, and Detroit‑Cancun portions of this proceeding sought by United and Spirit in their motions, USA 3000 would also urge that Champion's other application in the St. Louis‑Cancun portion of this proceeding be similarly dismissed for the same fundamental reasons advanced by United and Spirit, and to the extent necessary, USA 3000 so moves. Neither USA 3000 nor the other competing applicant for St. LouisCancun transborder city‑pair should be put to the trouble and expense of trying to rebut direct exhibits which do not exist.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-18692 - 2004 US-Mexico Combination Service Proceeding

OST-04-17470 - Frontier - St. Louis-Cancun
OST-04-17408 - Champion Air - US-Mexico
OST-04-17479 - USA 3000 - St. Louis-Cancun/Cozumel

August 20, 2004

Answer of Frontier Airlines to Motions of United and Spirit

Frontier Airlines, Inc. files this answer in response to certain issues raised in the August 18 Motion of United Airlines, Inc. and the August 20 Motion of Spirit Airlines, Inc. seeking dismissal of the Denver-Cancun, Denver-Puerto Vallarta, and Detroit-Cancun exemption applications of Grand Air Holdings, Inc., d/b/a Champion Air, due to Champion's failure to prosecute its pending applications or to comply with any of the terms or requirements of the Instituting Order in the 2004 U.S.-Mexico Combination Service Proceeding (see: Order 2004-7-17 herein).

This filing supplements Frontier's earlier filing of today asking the Department of Transportation to dismiss to dismiss Champion's application for St. Louis-Cancun service since Champion has not filed documents in the STL-CUN proceeding. As to other issues raised by United and Spirit, Frontier does not support changing the briefing schedule set forth in Order 2004-7-17 nor does Frontier support elimination of the briefing requirement.

Wherefore, Frontier again urges the Department to dismiss Champion's STL-CUN application. Moreover, Frontier opposes any proposal to accelerate or eliminate the briefing requirements.

Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com

OST-04-17470 - Frontier - St. Louis-Cancun
OST-04-17408 - Champion Air - US-Mexico
OST-04-17479 - USA 3000 - St. Louis-Cancun/Cozumel

August 23, 2004

Reply of Frontier Airlines

United's basis for requesting that the Department dismiss Champion's Denver-Cancun and Denver-Puerto Vallarta applications is identical to the motion submitted for Frontier to dismiss Champion's St. Louis-Cancun application and Spirit Airlines' motion to dismiss Champion's Detroit-Cancun application.

Since Champion has elected not to participate in any of those proceedings, its applications for Cancun authority, including for the St. Louis‑Cancun authority, should be handled simultaneously, and dismissed at the same time. This is particularly so since the various Champion Cancun applications involve the same legal and factual issues.

Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7502, epfaberman@uhlaw.com

OST-04-17299 - United Air Lines - Denver-Cancun
OST-04-17407 - Champion Air - Denver-Cancun
OST-04-17408 - Champion Air - US-Mexico
OST-04-17416 - Allegiant Air - Denver-Cancun
OST-04-17491 - United Air Lines - Denver-Puerto Vallarta

August 23, 2004

Consolidated Answer and Reply of United Air Lines

United respectfully requests that the Department issue an order immediately granting United's exemption applications for Denver‑Cancun and Denver Puerto Vallarta service as requested in United's Motion for Immediate Action dated August 18, 2004. United objects to any delay in such action while the Department reviews the unrelated motions of Spirit, USA 3000 and Frontier. United also requests that the Department grant it such other and further relief as is deemed consistent with this consolidated answer and reply and the public interest.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

OST-02-14000 - Columbus/Pittsburgh-Cancun

Filed August 20, 2004 | Issued October 22, 2004

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Columbus, Ohio, and the terminal point Cancun, Mexico, and (2) the terminal point Pittsburgh, Pennsylvania, and the terminal point Cancun, Mexico.

By: Paul Gretch

OST-04-19479 - Exemption - Philadelphia-Bermuda Exemption

October 25, 2004

By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between Philadelphia (PHL) and Bermuda (BDA). USA 3000 plans to begin service to Bermuda on this route on or about February 11, 2005, or as soon thereafter as all necessary Bermuda licenses have been obtained. USA 3000 intends to operate these services with its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

USA 3000 was granted scheduled combination exemption authorities for BWI-Bermuda and EWR-Bermuda services by Notices of Action Taken dated February 20 and May 15, 2004 for periods of two (2) years in Dockets OST-04-16916 and 04-17599, and currently operates scheduled services on those routes. USA 3000 also holds U.S.- Mexico scheduled combination exemption authorities between a number of U.S. points to points in Mexico, as well as U.S.-Dominican Republic scheduled combination exemption authority. Docket OST-02-13526.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19480 - Exemption - US-Jamaica and Bahamas

October 25, 2004

By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between any point or points in the United States, on the one hand and any point or points in Jamaica and the Bahamas, on the other hand. USA 3000 plans to begin service to Jamaica and the Bahamas on the routes described in the Exhibits USA3K-100-104 on or about February 10, 2005, or as soon thereafter as all necessary Jamaican or Bahamian licenses have been obtained. USA 3000 intends to operate these services with its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

Baltimore-Nassau
Chicago-Nassau
Philadelphia-Montego Bay
Phildelphia-Nassau
Newark-Nassau

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19673 - Exemption - US-Mexico Scheduled Service

November 15, 2004

Applies for an exemption authorizing it to engage in scheduled foreign air transportation of persons, property and mail on the following U.S. - Mexico routes:

Philadelphia, PA - Puerto Vallarta, Mexico
Baltimore, PA - Puerto Vallarta, Mexico
Cleveland, OH - Puerto Vallarta, Mexico
St. Louis, MO - Puerto Vallarta, Mexico
Richmond, VA - Cancun, Mexico
Hartford, CT - Cancun, Mexico
Buffalo, NY - Cancun, Mexico

USA 3000 would propose to initially operate this route on a seasonal basis. USA 3000 plans to begin service to Mexico on these routes on or about December 21, 2004, or as soon thereafter as all necessary Mexican licenses have been obtained. USA 3000 intends to operate these services with its growing fleet of new, state-of-the-art, Airbus A-320 aircraft.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19806 - Exemption - Milwaukee-Cancun

November 29, 2004

Answer of State of Maryland in Support of Application

By this application, USA 3000 seeks an exemption from 49 U.S.C. §41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibit USA3K-100 herein. USA 3000 plans to begin service to Mexico on these routes on or about January 16, 2004, or as soon thereafter as all necessary Mexican licenses have been obtained. USA 3000 intends to operate these services with its growing fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19690 - Northwest Airlines Application for Indianapolis/Milwaukee-Cancun

OST-04-19673 - Exemption - US-Mexico Scheduled Service

November 30, 2004

Maryland submits that USA 3000 Airlines' application is consistent with the public interest and should be granted for the following reasons. First, the service would benefit passengers and shippers, as well as the Baltimore community and the entire Washington/Baltimore region. The service would also benefit passengers connecting at BWI on flights to other U.S. cities. Second, this new service would create additional opportunities for expanded tourism, international trade, and business for Maryland.

Third, approval of USA 3000 Airlines' application would be consistent with the U.S.‑Mexico bilateral aviation agreement. Under the bilateral, "Washington/Baltimore" is treated as one "city" for purposes of the two designations allowed for each "city pair" market. For example, then, the U.S. and Mexico may designate up to two airlines each to operate scheduled combination services between Washington or Baltimore and Puerto Vallarta. Maryland strongly supports USA 3000 Airlines' proposed service in this "city pair" market.

Counsel: Preston Gates, Jonathan Blank, 202-628-1700

OST-04-19479 - Exemption - Philadelphia-Bermuda

Filed October 25, 2004 | Issued December 6, 2004

Scheduled foreign air transportation of persons, property, and mail between Philadelphia, Pennsylvania, and Bermuda. USA 3000 states that it plans to begin service to Bermuda on this route on or about February 10, 2005, or as soon thereafter as all necessary Bermuda licenses have been obtained.

By: Paul Gretch

OST-04-19480 - US-Jamaica and Bahamas

Filed October 25, 2004 | Issued December 6, 2004

Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, on the one hand, and any point or points in Jamaica and the Bahamas, on the other. USA 3000 intends to begin service on or about February 10, 2005, or as soon thereafter as all necessary Jamaican or Bahamian licenses have been obtained.

By: Paul Gretch

OST-04-19673 - Exemption - US-Mexico Scheduled Service

Filed November 15, 2004 | Issued December 6, 2004

Reply of USA 3000 Airlines

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Philadelphia, Pennsylvania, and the terminal point Puerto Vallarta, Mexico, (2) the terminal point Baltimore, Maryland, and the terminal point Puerto Vallarta, Mexico, (3) the terminal point Cleveland, Ohio, and the terminal point Puerto Vallarta, Mexico, (4) the terminal point St. Louis, Missouri, and the terminal point Puerto Vallarta, Mexico, (5) the terminal point Richmond, Virginia, and the terminal point Cancun, Mexico, (6) the terminal point Hartford, Connecticut, and the terminal point Cancun, Mexico, and (6) the terminal point Buffalo, New York, and the terminal point Cancun, Mexico. USA 3000 proposes initially to operate these routes on a seasonal basis, beginning on or about December 21, 2004.

By: Paul Gretch

OST-04-19806 - Milwaukee-Cancun

December 17, 2004

In an ideal world, USA 3000 would not object to the desire of Ryan or indeed any other charter (or scheduled) carrier to serve the Milwaukee‑Cancun market in any way they sought fit. However, given the fact that as of December 2 only one other scheduled carrier can be designated and licensed to provide scheduled service on this route, the choice should be clear: the scheduled carrier USA 3000 should be chosen over the charter carrier Ryan, which operates no scheduled service to Mexico or indeed to any foreign point.

Whereas Ryan may well have operated Public Charter‑type operations on behalf of major U.S. tour to a number of foreign points, it is also clear that Ryan currently holds no foreign scheduled authority of any kind, whether by way of Exemption or Certificate, and it apparently has never held any such authority.

OST-04-19887 - Ryan International d/b/a Sunship 1 Airlines - Milwaukee-Cancun

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19806 - Exemption - Milwaukee-Cancun

December 22, 2004

Answer of Ryan International d/b/a Sunship 1 to USA 3000's Response and Motion for Leave to File an Unauthorized Document | Word

Ryan International Airlines, Inc., d/b/a Sunship 1 Airlines urges the Department of Transportation to reject USA 3000’s outlandish suggestion that Ryan’s timely-filed competing application for Milwaukee-Cancun exemption authority should be ignored because the application was filed after USA 3000 had polled certain carriers who had been served with the application. Ryan, which was not served with the application, filed its competing application and answer within the answer period specified by USA 3000 on the cover of its application and well-settled precedent requires that the Department consider the competing applications in a carrier selection proceeding.

Counsel: Ungaretti & Harris, Edward Faberman, 202-639-7501

OST-04-19966 - Exemption - Chicago-Zihuatanejo; Detroit-Puerto Vallarta/Cozumel

December 22, 2004

Motion of USA 3000 for Leave to File an Otherwise Unauthorized Document

By this application, USA 3000 seeks an exemption from 49 U.S.C. 41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibits USA3K-100-103 herein. USA 3000 plans to begin service to Mexico on these routes on or about January 27, 2005, or as soon thereafter as all necessary Mexican licenses have been obtained. USA 3000 intends to operate these services with its growing fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

http://usa3000.com/
OST-02-13613 - Northwest Airlines - Detroit-Cozumel

OST-04-19806 - Exemption - Milwaukee-Cancun

December 21, 2004

On November 29, 2004, USA 3000 applied herein for authority as the second U.S. scheduled carrier to provide scheduled services between Milwaukee and Cancun. Pursuant to the normal practice in such situations, USA 3000 polled all the 17 U.S. scheduled carriers currently authorized and operating scheduled services to Mexico and on December 3, 2004, USA 3000 advised the Department via email transmission that each U.S. scheduled carrier operating service to Mexico had indicated its "no objection" to USA 3000's application. Pursuant to 14 C.F.R. § 1302.6(c), USA 3 000 now seeks leave to submit this polling letter into Docket OST-04-19806 as it believes it will neither burden the record nor prejudice or disadvantage any other party to this proceeding.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19966 - Exemption - Chicago-Zihuatanejo

January 6, 2005

Answer of United Air Lines

United has no objection to the grant of a temporary exemption for USA 3000 to operate Chicago‑Zihautanejo service for the period January 27 ‑ April 30, 2005. United objects to any longer term exemption authority for that city pair being issued at this time. United is hopeful that the present bilateral negotiations with Mexico will result in an expansion of U.S. carrier designations in Chicago‑Zihautanejo and other U.S.Mexico city pairs. Such an agreement could permit both United and USA 3000 to offer Chicago‑Zihautanejo services in the future. Because one U.S. carrier (ATA) is already designated and operating in this city pair, however, under the present bilateral agreement United and USA 3000 could not both operate Chicago‑Zihautanejo services (assuming ATA continues).

United recently began service to Zihautanejo from its hubs at Los Angeles and Denver. United plans to analyze the results of that service and, based on that analysis, will assess the feasibility of introducing service between Zihautanejo and its hub at Chicago. That analysis will be possible only after the end of the winter 2004‑05 service season.

OST-03-14527 - ATA's Authority for Chicago-Zihuatanejo

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670. jeffrey.manley@wilmerhale.com

OST-04-19806 - USA 3000 - Milwaukee-Cancun
OST-04-19887 - Sunship 1 - Milwaukee-Cancun

Served January 7, 2005

Notice on Procedures | Word

Under the U.S.-Mexico aviation agreement, the United States may designate up to two U.S. carriers to provide direct-carrier (own aircraft) combination services in a given U.S.-Mexico city-pair market. Brendan Airways, LLC, d/b/a USA 3000 Airlines and Ryan International Airlines, Inc. d/b/a Sunship 1 Airlines each have filed applications to serve the Milwaukee-Cancun market. Currently, Northwest Airlines, Inc., holds underlying authority and is designated to serve the route, leaving one designation opportunity available in this market.

Under these circumstances, and in light of the fact that both applicants have proposed imminent startup dates for these services, and that bilateral rights are now unused, we intend to proceed directly to a show-cause order. The record stands ready for decision. However, we believe that the applicants should be able to add information to the record to ensure its completeness before our tentative decision.

Therefore, acting under authority assigned in 14 CFR 385.3, we will give USA 3000 and Ryan an opportunity to file any other pertinent information to support their Milwaukee-Cancun applications. The additional information should be filed no later than five (5) business days from the date of service of this Notice, and should be served on all parties in the captioned dockets.

By: Paul Gretch

OST-04-19966 - Chicago-Zihuatanejo; Detroit-Puerto Vallarta/Cozumel

January 12, 2005

Motion and Reply of USA 3000 Airlines

USA 3000 has filed an application herein for, inter alia Chicago-Zihuatanejo, Mexico Exemption authority seeking grant of such authority for the usual two-year (renewable) term awarded by the Department in such cases. USA 3000's application is for the second available designation on this city-pair, with ATA being the currently designated carrier operating seasonal service.

No other carrier, United included, has applied for any authority on Chicago-Zihuatanejo, and USA 3000's application for such valuable, unused, bilaterally-negotiated rights should be promptly granted for the normal full 2-year term. United's suggestion that because United might (or might not) decide to apply for authority sometime later this year somehow requires the Department to award USA 3000 only temporary authority for a few months and then institute a carrier-selection proceeding if United ultimately decides it might want to begin operating service on this city-pair in the Winter 2005/2006 season is without precedent and would be patently unfair and commercially unworkable. United's answer should be dismissed.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19806 - USA 3000 - Milwaukee-Cancun

December 23, 2004

Re: General Mitchell International Airport Letter in Support of Milwaukee-Cancun Route Application in Support of USA 3000 Airlines

We believe that nonstop service between Milwaukee, Wisconsin and Cancun, Mexico will benefit the travelers of southeastern Wisconsin and northern Illinois, and we support USA 3000's intention to serve this market.

By: Patricia Rowe

OST-04-19966 - Exemption - Chicago-Zihuatanejo

January 14, 2005

Response of United Air Lines and Motion for Leave to File

USA 3000 in its reply has attempted to pre‑empt any opportunity for carrier selection based on the relative merits of its service and the service which United could offer between Chicago and Zihautanejo. United can offer service to Zihautanejo from its entire network via its Chicago hub, and USA 3000 would obviously prefer to avoid a comparison between its own point‑to‑point service and United's network service by acquiring a long‑term route authorization now and avoiding any comparison based on public benefits.

Conspicuous by absence from USA 3000's latest pleading is any claim that it must have a two‑year exemption immediately in order to start the seasonal service it has proposed for this winter. Indeed, at the very time United was filing its answer requesting that USA 3000's exemption be granted for the January‑April 2005 period, USA 3000 was issuing a press release announcing its introduction of Chicago- Zihautanejo service starting January 17, 2005, with three weekly flights to be operated through April 8, 2005.

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670. jeffrey.manley@wilmerhale.com

OST-05-20262 - Exemption - Chicago-Cancun/Puerto Vallarta

January 28, 2005

Pursuant to 49 U.S.C. §40109 and Subpart C of the Department's Rules of Practice (14 C.F.R. §302), Brendan Airways, LLC, dlb/a USA 3000 Airlines applies for an exemption authorizing it to engage in scheduled foreign air transportation of persons, property and mail on the following U.S.-Mexico routes:

Chicago, IL-Cancun, Mexico
Chicago, IL-Puerto Vallarta, Mexico

ATA's current Exemption for CHI-CUN & CHI-PVR is stated to expire on March 20, 2005. See: ATA NOAT, March 20, 2003, Docket OST-01-9074.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-04-19966 - Exemption - Chicago-Zihuatanejo; Detroit-Puerto Vallarta/Cozumel

Filed December 22, 2004 | Issued January 31, 2005

Consolidated Answer of United Air Lines

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Chicago, Illinois, and the terminal point Zihuatanejo, Mexico[1], (2) the terminal point Detroit, Michigan, and the terminal point Cozumel, Mexico, and (3) the terminal point Detroit, Michigan, and the terminal point Puerto Vallarta, Mexico. USA 3000 intends to begin service on these routes on or about January 27, 2005. USA 3000 proposes to serve the Chicago-Zihuatanejo/Ixtapa and Detroit-Cozumel markets on a seasonal basis.

On January 6, 2005, United Air Lines, Inc. filed an answer in partial objection to USA 3000’s application. United states that it has no objection to USA 3000’s application for Detroit-Puerto Vallarta and Detroit-Cozumel authority. United states, however, that it does object to USA 3000’s application to the extent that it is requesting two-year exemption authority to serve the Chicago-Zihuatanejo market. In this regard, United maintains that it has recently begun service to Zihuatanejo from Los Angeles and Denver and that, after the end of the winter 2004-2005 season, it will have completed its analysis of that service, along with an assessment of the feasibility of introducing additional service to Zihuatanejo from Chicago. United states that, under these circumstances, the Department should grant to USA 3000 a temporary exemption to permit USA 3000 to operate the Chicago-Zihuatanejo service during the Winter 2005 season, and invite applications for longer-term authority after the winter season has concluded.

Only one U.S. carrier, USA 3000, has filed an application for Chicago-Zihuatanejo services with firm plans to initiate service in the near future. Neither United nor any other carrier has filed a competing request for this authority. The Chicago-Zihuatanejo route rights involved here constitute a valuable resource obtained in exchange for granting Mexico route opportunities for its airlines to serve the United States, and the public interest calls for use of these rights. In light of the fact that USA 3000 has presented an application to use these valuable limited-route rights, along with a firm service proposal, and no other U.S. carrier has filed a competing request, we find that grant of the application for the full term requested (which is in fact the standard duration of the exemption awards we issue to U.S. carriers for service to Mexico) is in the public interest. United has not provided any evidence to persuade us to take a different approach here.

By: Paul Gretch

OST-2005-20262 - USA 3000 Airlines - US-Mexico Scheduled Service
OST-2001-9074 - ATA Airlines - US-Mexico Scheduled Service

February 14, 2005

United is also interested in starting services between Chicago and both Cancun and Puerto Vallarta as soon as possible. United would serve those points nonstop from its hub at Chicago O'Hare International Airport, offering potential connections to 136 airports which United serves from O'Hare. United would initially serve Cancun and Puerto Vallarta daily with nonstop services. United would use A320 aircraft configured with 138-156 seats to provide this service and would be prepared to begin service as soon as all necessary approvals have been received. United has existing stations at both Cancun and Puerto Vallarta and has sufficient equipment in its existing fleet to begin these services quickly and without any substantial capital outlay.

Notwithstanding United's proposal to begin services in these two city– pairs, United recognizes that so long as both incumbent U.S. carriers continue to serve them, there is no available opportunity for United to start services under the U.S./Mexico ASA. While the U.S. and Mexico have discussed amendment of their ASA to permit additional designations in city pairs involving services to Cancun and Puerto Vallarta, they have not yet reached an agreement. United has informed the U.S. delegation of its interest in starting services quickly in both of these U.S.‑Mexico city pairs should additional designation opportunities become available.

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jefffrey.manley@wilmerhale.com

OST-2005-20459 - Exemption - Chicago/Detroit-San Jose del Cabo

February 22, 2005

Answer and Motion for Consolidation of United Air Lines

applies for an exemption authorizing it to engage in scheduled foreign air transportation of persons, property and mail on the following U.S.-Mexico routes:

Chicago, IL-San Jose del Cabo, Mexico
Detroit, MI-San Jose del Cabo, Mexico

USA 3000 understands that only American is currently designated and operating scheduled service in the Chicago-Los Cabos city-pair and no U.S. carrier is currently designated or operating non-stop service in the Detroit-Los Cabos city-pair. USA 3000 understands that American is currently operating Detroit-Chicago-Los Cabos same plane service on a one-stop basis, however this does not require a designation since Detroit-Los Cabos non-stop service is not being offered by American.

Counsel: Pierre Murphy, 202-776-3980, pmuprhy@lopmurphy.com

USA 3000 Airlines and United Air Lines, Inc.

OST-2005-20459 - Chicago/Detroit-San Jose del Cabo
OST-2005-20630 - Exemption - Chicago-San Jose del Cabo

March 9, 2005

United objects to the application of USA 3000 for an exemption in the Chicago-San Jose del Cabo city-pair to the extent that it precludes United's application. United is clearly a better choice than USA 3000 for this service. United will serve not only the local Chicago-San Jose del Cabo market but also passengers in numerous cities on United's network served over its principal hub at Chicago O'Hare. United will also offer codeshare and other interline connections to additional markets.

The Department should establish uniform procedural dates for the proceeding into which these applications are consolidated. On whatever date the Department selects, the present applicants and any additional applicants would be required to submit their year‑round service proposals (schedules, equipment, startup dates, traffic projections) for Chicago‑San Jose del Cabo services. A common date for applications and amendments is necessary as a matter of due process to put all applicants on the same procedural schedule so that no applicant has the advantage of knowing what another's final proposal may be. The establishment of a uniform date for applications and amendments is consistent with the Department's practice in carrier selection cases even where, as here, some applications have already been filed.

By: Wilmer Cutler, Jonathan Moss, 202-663-6960, jonathan.moss@wilmerhale.com

Order 2005-3-25
OST-2004-19806 - USA 3000 - Milwaukee-Cancun
OST-2004-19887 - Sunship 1 Airlines

Issued and Served March 17, 2005

Order to Show Cause

After examination of the applicant proposals in this matter, we tentatively find that we can achieve more significant public benefits in this case by selecting Ryan for the Milwaukee-Cancun authority. We have tentatively reached this decision based on Ryan's proposal to serve the Milwaukee-Cancun market using larger aircraft -- 183 seats vs. 168 seats -- and offering more frequencies -- 4 vs. 3. While USA 3000 cites Ryan's charter presence in the Milwaukee-Cancun market (a presence that Ryan does not dispute) as a factor arguing against Ryan's selection, the fact is that USA 3000 itself operates charters in this market. USA 3000 also currently holds authority to provide scheduled U.S.-Mexico service. Ryan would, however, be anew entrant in the U.S.-Mexico scheduled market. Thus, an award to Ryan would not only provide the traveling public with the service benefits described above, but also with the structural benefits deriving from the introduction of a new scheduled service competitor offering new travel options in the market. Finally, we have taken note of the significant civic party support for Ryan. Against this background, we tentatively conclude that a selection of Ryan would best serve the public interest.

By: Karan Bhatia

OST-2005-20459 - Exemption - Chicago/Detroit-San Jose del Cabo

Filed February 22, 2005 | Issued April 8, 2005

Amendment #1 to Exemption Authority

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Chicago, Illinois, and the terminal point San Jose del Cabo, Mexico; and (2) the terminal point Detroit, Michigan, and the terminal point San Jose del Cabo, Mexico. USA 3000 proposes to operate these routes on a year-round basis, beginning on or about May 6, 2005.

We will address USA 3000’s request for authority to serve the Chicago-San Jose del Cabo market separately. Under the U.S.-Mexico aviation agreement, two U.S. airlines may be designated to provide direct carrier service in the Chicago-San Jose del Cabo market. Currently, American Airlines, Inc. is designated to provide such services. Thus, only one designation is available on this route. Two applications have been filed for the available Chicago-San Jose del Cabo authority (the captioned application of USA 3000, and the application of United, in Docket OST-2005-20630). Thus, we are deferring action on USA 3000’s request for authority to serve the Chicago-San Jose del Cabo market.

By: Paul Gretch

Order 2005-4-14
OST-2004-19806 - USA 3000 Airlines - Exemption Milwaukee-Cancun
OST-2004-19887 - Sunship 1 Airlines - Exemption Milwaukee-Cancun

Issued and Served April 14, 2005

Final Order

By Order 2005-3-25, in the above-captioned dockets, we tentatively selected Ryan International Airlines, Inc., d/b/a SunShip 1 Airlines, for exemption authority to provide foreign scheduled air transportation of persons, property, and mail in the Milwaukee-Cancun market.

No objections were filed to the Department's tentative decision in Order 2005‑3‑25. In light of the fact that no objections were filed to our show‑cause order in this proceeding, we have decided to proceed directly to final order in this matter.

By: Karan Bhatia

OST-2002-13527 - Exemption - US-Mexico Scheduled Service

April 21, 2005

hereby applies for an amendment to its Exemption authorizing USA 3000 to, inter alia engage in scheduled combination air transportation on the U.S. - Mexico route Baltimore, MD - Cancun, Mexico, to the extent necessary to authorize service to Cancun from Washington-Dulles (IAD) to afford maximum utilization of the bilateral designation of USA 3000 on the Washington/Baltimore-Cancun city-pair.

USA 3000 and United are the two U.S. carriers designated on the Washington/Baltimore ‑ Cancun city‑pair, with USA 3000 licensed herein to operate on Baltimore (BWI) ‑ Cancun and United licensed on Washington (lAD) Cancun.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmpurphy.com

2005 Chicago-San Jose del Cabo Exemption Proceeding

OST-2005-21156
OST-2005-20459 - USA 3000 Airlines
OST-2005-20630 - United Air Lines

Issued and Served May 32005

Notice on Procedures and Consolidation of Exemption Applications

We intend to issue Chicago‑San Jose del Cabo exemption authority for a two‑year period, subject to a 90‑day startup condition, and subject also to certain dormancy notice requirements routinely imposed on U. S.‑Mexico air transportation services. Except where service in the market is seasonal/intermittent in nature, the dormancy conditions will apply as specified above. In light of the U.S.‑Mexico dormancy conditions, and consistent with our standard policy, we will only grant Chicago‑San Jose del Cabo route authority to an applicant presenting firm service plans.

We intend to resolve issues on the basis of the pleadings filed, and to award the immediately-available Chicago-San Jose del Cabo authority by proceeding directly to final order. As the applications filed are already ripe, and all interested parties have had an opportunity to file competing requests, we will not provide for additional applications here.

We will give USA 3000 and United an opportunity to file any other pertinent information to support their Chicago-San Jose del Cabo applications. The additional information should be filed no later than five (5) business days from the date of service of this Notice, and should be served on all parties in the captioned docket.

By: Paul Gretch

OST-2002-13527 - USA 3000 Airlines - Baltimore-Cancun
OST-2003-16210 - United Air Lines - Washington, DC-Cancun

May 4, 2005

Re: Letter Requesting Comparative Carrier Selection

On behalf of AirTran Airways, Inc., we ask the Department to institute a comparative carrier selection proceeding for Washington/Baltimore ‑ Cancun, Mexico services. Such a proceeding will assure that the limited traffic rights available under the U.S.‑Mexico bilateral are put to the highest and best use possible by selecting the carriers that will maximize public benefits under the Department's traditional carrier selection criteria.

At the time the Department "deferred" the US Airways application, AirTran was actively preparing an application for BWI-CUN. AirTran has a substantial connecting complex of low-fare scheduled services at BWI, where it now provides air services to 10% of the total BWI market and is the second largest operator after Southwest Airlines, Inc. AirTran's initiation of scheduled services between BWI and CUN is therefore a logical expansion of those operations (AirTran currently has pending in Docket OST-2005-21134 an application for exemption authority to provide scheduled combination services in the ATL/MCO/TPA-CUN markets, with a start date of December 15, 2005.) Because of the Department's decision to "defer" the US Airways application in anticipation of some liberalization of the bilateral following talks with the Government of Mexico, AirTran refrained from submitting its application for BWI-CUN authority.

Counsel: Wiley Rein, Edward Faberman, 202-719-7000

OST-2002-13527 - Exemption - Baltimore/Washington Dulles-Cancun

May 12, 2005

Motion of AirTran Airways to File Late and for Institution of a Carrier Selection Proceeding

In its current form, the U.S.-Mexico bilateral describes "Washington/Baltimore" as a single gateway point, despite the now obvious fact that traffic and services at BWI and lAD, the actual gateway airports, have grown enormously in recent years and that these airports now serve densely populated and distinct markets - the Greater Northern Virginia and Greater Baltimore metropolitan areas that are located in different states. The bilateral also limits the U.S. to double designation, i.e., the U.S. may not designate more than two U.S. air carriers to provide scheduled combination services on the route at any given time.

At present, the designated U.S. carriers on the route operate under standard (2 year) exemptions that are renewable on a showing that such action would be consistent with the public interest. One carrier is USA 3000 which has exemption authority to operate BWI-CUN scheduled combination services granted initially in 2002 and renewed by Notice of Action Taken dated July 21, 2004, in this Docket. That authority expires on July 21, 2006. The other carrier is United Air Lines, Inc. which has exemption authority to operate IAD-CUN scheduled combination services initially granted by Notice of Action Taken dated October 9, 2003, Docket OST-2003-16210.

On March 30, 2004, US Airways, Inc. filed an application for BWI-CUN exemption authority to operated scheduled flights. By Notice of Action Taken dated May 20, 2004, in Docket OST-2002-13855, the Department "deferred" action on the US Airways application in light of the restrictions in the bilateral and the authority already granted to USA 3000 and United. The US Airways application continues in "deferred" status.

AirTran currently has pending in Docket OST-2005-21134 an application for exemption authority to provide scheduled combination services in the ATL/MCO/TPA-CUN markets, with a start date of December 15, 2005.

Counsel: Wiley Rein, Bert Rein, 202-719-7045, brein@wrf.com

May 13, 2005

United Air Lines Notice of Intent to File Answer to the Motion of AirTran

Hereby notifies the Department that United intends to file an answer to the motion of AirTran Airways late file and for institution of a carrier selection proceeding filed May 12, 2005 and to the related letter filed by AirTran on May 4, 2005 in Docket OST-02-13527. United will file its answer to both pleadings on May 19, 2005, the date when answers to AirTran's motion are due.

Counsel: Wilmer Cutler, Jonathan Moss, 202-663-6655, jonathan.moss@wilmerhale.com

OST-2002-13527 - US-Mexico Scheduled Passenger

May 19, 2005

Answer of USA 3000 Airlines to Motions of AirTran

USA 3000 submits that both in its Motion herein as well as in its May 4 letter to the Assistant Secretary, AirTran has advanced no valid reason for the institution of a carrier selection proceeding at this very late stage. Since USA 3000 commenced scheduled service in the Washington/Baltimore ‑ Cancun market in 2002, it has made full use of the rights Common names are used herein.

Simply because AirTran at the this very late date has belatedly become interested in the market is a totally insufficient reason to displace an incumbent carrier such as USA 3000 which has invested considerable and valuable resources in developing the route and which, by it April 21 exemption amendment application, is merely trying to maximize the useage of valuable rights conferred by a restrictive bilateral agreement.

Counsel: USA 3000, Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-2003-16210 - United Air Lines - Washington, DC (Dulles)-Cancun

OST-2002-13527 - US-Mexico Scheduled Service - Baltimore-Cancun

May 23, 2005

Answer of United Air Lines to the Motion of AirTran Airways to Late File and for Institution of a Carrier Selection Proceeding

Not only is AirTran' s request for a route proceeding inconsistent with the Department's renewal policy, it is also action for which there is no precedent. AirTran ignores the fact that the Department has never before confiscated operating authority that is being fully utilized by the carrier holding such authority in order to reallocate the authority to another carrier promising what it claims to be better service.

AirTran erroneously states that at least four carriers (United, US Airways, USA 3000, and AirTran) now "wish" to provide competitive services in the Washington/Baltimore-Cancun market. United does not need to "wish" to provide service, because United providing competitive service in that market. United currently operates daily flights in the Washington, D.C.-Cancun market, offering service not only to travelers from the WashingtonlBaltimore area, but also to passengers connecting through United's primary hub at Washington's Dulles International Airport. United's Washington, D.C.-Cancun service has been successful and United has filed an application to "convert" its temporary Washington-Cancun exemption authority into temporary certificate authority. See Application of United Air Lines, Inc. for Renewal and Amendment of a Certificate of Public Convenience and Necessity (U.S.-Mexico), Docket OST-99-5846, November 23, 2004. United will apply for renewal of its exemption authority to serve that market when that authority comes up for renewal, unless United's certificate application is granted in the meantime.

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

OST-2002-13527 - Exemption - Washington Dulles/Baltimore-Cancun)

June 3, 2005

Motion for Leave to File and Consolidated Reply of AirTran Airways to Answers to Motion to Institute Carrier Selection Proceeding

AirTran Airways submits this motion for leave to file this consolidated reply to the answers of USA 3000 and United Air Lines to AirTran' s motion for institution of a Washington/Baltimore - Cancun, Mexico Combination Service Proceeding, filed on May 19 and May 23, 2005, respectively. Predictably, both carriers claim a vested interest in the markets served. That vested interest, they argue, should bar DOT from conducting a review of other applications and the enhanced public benefits they could provide so long as the incumbents are providing adequate service. They also contend that allowing such a comparative review of exemption authority on a limited designation foreign route would impose an undue burden on DOT's resources.

Counsel: AirTran and Wiley Rein, Bert Rein, 202-719-7045, brein@wrf.com

OST-2002-13527 - US-Mexico Scheduled Passenger (Washington Dulles/Baltimore-Cancun)

June 14, 2005

Reply of United Air Lines to the Motion for Leave to File and Consolidated Reply of AirTran Airways

AirTran is urging DOT to overturn long‑standing precedent by reopening route awards in this market without even addressing the question of why AirTran has waited until now, when all existing bilateral opportunities have been exhausted, to show any interest in this market. The second designation was requested by USA 3000 less than two years ago and, yet, AirTran was nowhere to be seen or heard. AirTran is now seeking to divest either United or USA 3000 of authority that they acquired in a timely manner and in which they have invested resources to develop. The recent growth of this market to which AirTran alludes is due largely to the efforts of United and USA 3000, which seized the opportunity and developed the market. Why AirTran's management failed to share this vision is not explained. But it is hardly consistent with the public interest or a sound regulatory policy to reward such shortsighted management by acting as AirTran proposes to punish those carriers who were able to identify and invest in market opportunities.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, Jeffrey.Manley@wilmerhale.com

OST-2002-13527 - Exemption - US-Mexico Services

June 21, 2005

Motion for Leave to File and Response of US Airways

US Airways has waited for more than a year to launch competitive nonstop service to Cancun from Washington, D.C., and its application to do so remains pending before the Department. Last May, the Department deferred action on US Airways' application because other U.S. carriers were utilizing the only two designations available under the U.S.-Mexico bilateral to serve the combined "Washington/Baltimore market." See Notice of Action Taken, dated May 20, 2004 (Docket OST-02-13855). Today, US Airways remains ready, willing, and eager to begin that Cancun service.

AirTran's proposal amounts to little more than a gambit to "cut in line" ahead of US Airways ‑an unreasonable and unfair demand that should be swiftly rejected. US Airways alone has long expressed a strong desire to the Department to serve Cancun nonstop from Washington, as evidenced by its application last year. Meanwhile, AirTran was silent. The public interest lies in encouraging those who demonstrate a commitment to serve, and make use of available opportunities in, limited entry markets. Fundamental fairness and public policy dictate that US Airways' application be afforded priority for any new Washington, DC/Baltimore‑Cancun opportunities that become available

Counsel: US Airways and O'Melveny & Myers, Patrick Rizzi, 202-383-5300, prizzi@omm.com

OST-2005-20407 - Airport Fee Complaint

Issued and Served July 12, 2005

Order - Bookmarked | Word

Based on the supplemental information submitted by the Port Authority, the Department has determined that approximately 18.6 percent of the fees paid by the complainants for the period beginning on February 1, 2005, was unreasonable. The statute, 49 U.S.C. § 47129, requires that “any amounts paid … under protest shall be subject to refund or credit … within 30 days”. Rather than order a refund for that amount, the Department has determined that a credit, as proposed by the Port Authority, is an appropriate method to repay the complainants for the fees paid by them under protest.

The Port Authority proposed to issue credits on July 14 to the complainants in the amounts set forth in Respondent’s Reply Submission at 2. It also proposed to issue credits on July 14 for any additional payments made prior to July 6 under the higher fees. For any payments made after July 6, the Port Authority proposed to credit the accounts of the airlines “as soon as practicable.” The Port Authority has already calculated the full amount of the refund, including interest calculated through July 14, due to each airline for payments already received. The Port Authority must refund or credit each airline with these amounts due, no later than the statutory deadline, July 14, 2005.

By: Michael Reynolds

http://www.panynj.gov/

OST-2005-21816 - Exemption - Detroit-Zihuatenejo

Filed July 7, 2005 | Issued September 2, 2005

By: Paul Gretch

OST-2002-11725 - Exemption - Philadelphia-Cancun

September 30, 2005

Answer of Frontier Airlines

Brendan Airways, LLC, d/b/a USA 3000 Airlines hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation between Philadelphia, PA and Cancun, Mexico.

By Notice of Action Taken dated January 30, 2004, USA 3000 was granted authority for two years to conduct scheduled foreign air transportation of persons, property and mail on the route set out above. The authority granted is set to expire by its own terms on January 30, 2006. USA 3000, therefore, requests that its authority to conduct scheduled combination service on this route be extended by a further two years.

USA has been successfully operating scheduled combination service on this route since grant of authority utilizing Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

Notice of Action Taken - 01/30/04

OST-1997-2128 - US Airways' Charlotte/Philadelphia-Cancun Exemption
OST-2002-13855 - US Airways' Charlotte/Philadelphia/Pittsburgh-Cancun Exemption
OST-2002-11725 - USA 3000's Earlier Philadelphia-Cancun Exemption

OST-2005-22636 - Exemption - Newark/Chicago-Cancun

September 30, 2005

Application for an Exemption - Bookmarked

By this application, USA 3000 seeks an exemption from 49 U.S.C. $41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S and Mexico as more fully described in Exhibits USA3K-100-102 herein. USA 3000 plans to begin service to Mexico on this route on or about December 12, 2005 or as soon thereafter as all necessary Mexican licenses have been obtained and/or amended. USA 3000 intends to operate these services with aircraft from its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

Chicago, IL (ORD) - Cancun, Mexico (CUN)
Newark, NJ (EWR) - Cancun, Mexico (CUN)

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-2000-8101 - American's Chicago-Cancun Exemption
OST-2005-20262 - USA 3000's Earlier Chicago-Cancun/Puerto Vallarta Pending Application
OST-2005-22580 - Frontier's Chicago-Cancun Pending Application
OST-2005-22589 - Spirit's DFW/Chicago-Cancun Pending Application
OST-2001-9074 - ATA's Chicago-Cancun/Puerto Vallarta Pending Application

OST-2005-22637 - Exemption - US-Mexico

September 30, 2005

Application for an Exemption - Bookmarked

By this application, USA 3000 seeks an exemption from 49 U.S.C. $41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibits USA3K-100-105 herein. USA 3000 plans to begin service to Mexico on these routes on or about December 12, 2005 or as soon thereafter as all necessary Mexican licenses have been obtained and/or amended, and, with the exception of Milwaukee-Cancun, will be operated on a year-round basis. Milwaukee-Cancun service will be provided initially on a seasonal basis (Winter: December 18, 2005 - April 20, 2006). USA 3000 intends to operate these services with aircraft from its fleet of new, state-of- the-art, Airbus A-320 aircraft (168Y).

Chicago, IL (ORD) - Puerto Vallarta, Mexico (PVR)
Milwaukee, WI (MKE)-Cancun, Mexico (CUN)
Cleveland, OH (CLE)-Cancun, Mexico (CUN)
St. Louis, MO (STL)-Cancun, Mexico (CUN)
Detroit, MI (DTW)-Cancun, Mexico (CUN)

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-2002-13389 - American's Chicago-Puerto Vallarta Exemption
OST-2001-9074 - ATA's Chicago-Cancun/Puerto Vallarta Pending Application
OST-2005-20262 - USA 3000's Earlier Chicago-Cancun/Puerto Vallarta Pending Application

OST-2004-19806 - USA 3000's Earlier Milwaukee-Cancun Exemption
OST-2004-19887 - Ryan International's Milwaukee-Cancun Exemption
OST-2004-19690 - Northwest's Indianapolis/Milwaukee-Cancun Exemption

OST-2001-10252 - Sun Country's Cleveland-Cancun Exemption
OST-1998-4263 - Continental's Cleveland-Cancun Exemption

OST-2004-17470 - Frontier's St. Louis-Cancun Pending Application
OST-2004-17479 - USA 3000's Earlier St. Louis-Cancun/Cozumel Exemption
OST-2004-17408 - Champion Air's St. Louis-Cancun Exemption

OST-2004-17324 - Spirit's Detroit-Cancun Pending Application
OST-2004-17351 - USA 3000's Earlier Detroit-Cancun Pending Application
OST-2004-17405 - Champion Air's Detroit-Cancun Pending Application
OST-1998-3844 - Northwest's Detroit-Cancun Exemption

OST-2005-22636 - Exemption - Newark/Chicago-Cancun

October 4, 2005

Frontier Airlines, Inc. submits this Answer in response to the application of USA 3000 for an exemption and certificate authority to serve the Chicago, Illinois - Cancun, Mexico market. On September 27, 2005, Frontier filed an application seeking an exemption as the third U. S. carrier designation to provide scheduled foreign air transportation of persons, property and mail between Chicago Midway Airport and CUN.

Frontier opposes USA 3000's application to the extent that it is mutually exclusive to Frontier's application. Under the September 21, 2005, amended aviation agreement between the United States and Mexico, three airlines from each country may fly between any U.S. city and various Mexican cities including Cancun. American Airlines has the authority to serve the ORD-CUN market (OST-2000-8101) and ATA Airlines, Inc has authority to serve MDW-CUN (OST-2001-9074). Therefore, under the amended agreement, one opportunity to serve Chicago-Cancun remains available. Since only one additional U.S. carrier designation is available for the Chicago-Cancun route and there are two applicants for authority to provide service on this route, the Department must conduct a carrier selection proceeding to evaluate the public interest merits of the competing applicants.

Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wrf.com

OST-2005-22636 - Exemption - Newark/Chicago-Cancun
OST-2005-22637 - Exemption - US-Mexico

October 7, 2005

Answer of Continental

USA 3000 has applied for New York/Newark-Cancun and Cleveland-Cancun authority.

Continental does not object to USA 3000's request for New York/Newark or Cleveland-Cancun authority so long as Continental's authority to provide New York/Newark and Cleveland-Cancun service remains effective and Continental can continue to serve these routes.

Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com

OST-2002-13527 - Exemption - Washington Dulles-Cancun

October 17, 2005

Supplement to Application for Amendment of Exemption

Pursuant to the Department's Notice dated October 5, 2005 concerning applicable procedures to supplement already‑filed applications and/or new exemption/certificate applications for new U.S.‑Mexico opportunities, USA 30001 respectfully supplements its application for amendment of exemption requesting that it be authorized to engage in scheduled foreign air transportation of persons, property and mail on the following U.S. Mexico route:

Washington, D.C. (IAD) - Cancun, Mexico.

Since its April 21, 2005 application to amend its exemption, the U.S. and Mexico have now agreed that Washington, D.C. and Baltimore, MD are from now on to be regarded as separate points. Pursuant to its April 21 application herein, it remains USA 3000's intention to continue to operate BWI-CUN scheduled service and to initiate IAD-CUN scheduled services as soon as possible.

Counsel: Pierre Murphy, 202-776-3980, pmuprhy@lopmurphy.com

USA 3000's Application for Amendment - 04/21/05

OST-2005-20459 - Exemption - Chicago-San Jose del Cabo

October 17, 2005

Supplement to Application for Amendment of Exemption

Pursuant to the Department's Notice dated October 5, 2005 concerning applicable procedures to supplement already-filed applications and/or new exemption/certificate applications for new US-Mexico opportunities, USA 3000 respectfully supplements its application for an exemption authorizing it to engage in scheduled foreign air transportation of persons, property and mail on the following US-Mexico route:

Chicago-San Jose del Cabo

Service: 2x week (TUE & SAT)

Origin	Departs	Destination	Arrives
Chicago (ORD)	06:45 (US # 578)	Los Cabos (SJD)	10:10
Los Cabos (SJD)	11:10 (US #579)	Chicago (ORD)	15:55

All flights operated with Airbus A-320 aircraft
Fule usage: 6970 gallons/round trip (average)
Total annual fuel usage: 724,880 gallons

Counsel: Pierre Murphy, 202-776-3980, pmuprhy@lopmurphy.com

USA 3000's Application - 02/22/05

OST-2005-22802 - Exemption - US-Mexico Scheduled Service

October 20, 2005

By this application, USA 3000 seeks an exemption from 49 USC 41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibits USA3K-100-102 herein. USA 3000 plans to begin service to Mexico on these routes on or about December 13, 2005, or as soon thereafter as all necessary Mexican licenses have been obtained. USA 3000 intends to operate these services on a year-round basis with its growing fleet of new, state-of-the-art, Airbus A-320 (168Y) and A-319 (138Y) aircraft.

Chicago (ORD) - San Jose del Cabo Effective 12/13/05

Service: 2 x week (TUE & SAT)

Origin

Departs

Destination

Arrives

Chicago (ORD)

06:45 (US # 578)

Los Cabos (SJD)

10:10

Los Cabos(SJD)

11:10 (US #579)

Chicago (ORD)

15:55

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-1999-5830 - American's Chicago-San Jose del Cabo Authority
OST-1999-6172 - American's Chicago-San Jose del Cabo Certificate Authority
OST-2005-20459 - USA 3000's Prior Application for Chicago-San Jose del Cabo
OST-2005-21156 - United Air Lines' Authority for Chicago-San Jose del Cabo

OST-2004-16916 - Exemption - Baltimore-Bermuda

October 26, 2005

Hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation between Baltimore, MD and Bermuda. USA 3000 has been successfully operating scheduled combination service on this route since grant of authority, utilizing Airbus A-320 aircraft.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-2005-22637 - Exemption - US-Mexico

Filed September 20, 2005 | Issued November 9, 2005