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OST-00-7525

Emery Worldwide Airlines, Inc.

Emery Air asks the Department to amend its Route 743 certificate authority to incorporate all of its currently-held U.S.-Mexico exemption authority and to integrate its amended Route 743 authority with its existing certificate and. exemption authority. Emery Air asks that the authority become effective immediately for a five-year period.

Counsel:  Crowell Moring, Lorraine Halloway, 202.624.2538, lhalloway@cromor.com 

Continental Airlines, Inc., Emery Worldwide Airlines, Inc., Northwest Airlines, Inc., Polar Air Cargo, Inc., US Airways, Inc.

By:  Susan McDermott

Emery Worldwide Airlines, Inc.

Applies to amend its Route 743 certificate authority to delete the city-pair segments specified and authorize scheduled foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in Mexico, on the other hand. Emery Air also asks for authority to integrate the requested all-points U.S.-Mexico authority with its existing certificate and exemption authority and to continue condition 12 of its Route 743 authority.

Emery Air is one of five U.S. carriers designated to provide all-cargo scheduled services in the U.S.-Mexico market. The all-points authority Emery Air seeks by amendment of its Route 743 certificate is the same relief currently sought by three of the other U.S. carriers designated to provide U.S.-Mexico all-cargo services.

Counsel:  Crowell Moring, Lorraine Halloway, 202.624.2538, lhalloway@cromor.com 

Emery Worldwide Airlines, Inc.

As noted in the several of these applications, absent double or triple designation, there can be only one U.S. all-cargo carrier per city-pair market between the United States and Mexico. Thus, if one carrier commences service over a particular city-pair market, other carriers are blocked from serving that market. Accordingly, there should be a clearly-defined notice procedure, and an opportunity to file a competing application, in the event that two carriers wish to commence service over one particular city-pair market.

UPS questions whether there is currently a tracking process in place that is sufficient to keep carriers informed of the intent of other carriers regarding commencement of service in new U.S.-Mexico city-pair markets or sufficient to enable carriers to file competing applications. Even in conjunction with Order 2000-5-31, dated June 2, 2000, which sets forth in some detail the filing/notice process for dormancy and code-share provisions pertaining to U.S.-Mexico all-cargo service, it is unclear that carriers will be made aware of the proposed routes and schedules of other designated carriers or whether such carriers will have the opportunity for comment and the filing of competing applications.

Counsel:  Kelley Drye, Michael Francesconi, 202.955.9864

Notice of Action Taken Dismissing Applications - Various Dockets

Issued May 1, 2003

OST-95-928 - American Airlines, Inc.
OST-96-1109 - American Airlines, Inc.
OST-96-1039 - Arrow Air, Inc.
OST-00-7525 - Emery Worldwide Airlines, Inc.
OST-99-5286 - Federal Express Corporation
OST-00-8551 - Southern Air, Inc.
OST-97-3178 - United Parcel Service Co.

Notice of Action Taken | Word

By: DOT

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