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OST-2000-7880

America West Airlines, Inc.

America West Airlines, Inc. ("America West") respectfully requests renewal of its statement of authorization initially granted October 30, 1998, to display the "BR" designator code of EVA Airways Corporation ("EVA Air") on America West flights between Los Angeles on one hand and Phoenix and Las Vegas on the other hand, and between San Francisco on one hand and Phoenix and Las Vegas on the other hand, connecting with EVA Air's flights between Taipei on one hand and Los Angeles and San Francisco on the other hand. 

America West intends to rely upon 5 U.S.C. § 558(c) as implemented by Part 377 of the Department's regulations to continue its codesharing with EVA Air pending the Department's final destination on this application. In the interest of reducing the administrative burden on the Department that would result from periodically having to process applications to renew the subject authority, America West respectfully requests the requested renewal of authority be granted immediately.

Counsel:  Baker Hostetler, Joanne Young, 202.861.1532

American Airlines, Inc.; Continental Airlines, Inc. and Transbrasil S/A Linhas Aereas and Interbrasil Star; Continental Airlines, Inc.; Continental Airlines, Inc. and Hawaiian Airlines, Inc.; American Airlines, Inc.; Iberia Lineas Aereas de Espana, S.A., Air Nostrum, and Aviaco; United Parcel Service; United Air Lines, Inc., US Airways, Inc. and Allegheny Airlines, Inc.; United Air Lines, Inc., US Airways, Inc. and Allegheny Airlines, Inc.; America West Airlines, Inc.; Delta Air Lines, Inc.

OST-97-2081 - American Airlines, Inc., filed January 17, 1997. Exemption authority to operate scheduled combination services between the United States and several cities in Colombia under a code-sharing arrangement with Aerovias Nacionales de Colombia (AVIANCA). By letter dated March 2, 200 1, American withdrew the exemption application.

OST-01-9950 Continental Airlines, Inc., filed June 18, 2001. Exemption authority to operate scheduled combination services between the United States and several cities in Brazil, Argentina, and Canada under a code-sharing arrangement with Transbrasil S/A Linhas Aereas and Interbrasil Star. The City of Houston and the Greater Houston Partnership and United Air Lines filed pleadings. By letter dated August 17, 2001, Continental withdrew the exemption application.

OST-96-1648 Continental Airlines, Inc., filed October 18, 200 1. Renew for five years certificate authority (Route 733) authorizing scheduled combination services between the United States and the United Kingdom, excluding London's Heathrow and Gatwick airports. On October 23, 200 1, Continental withdrew the application because its certificate authority for Route 733 had in fact been granted for an indefinite duration.

OST-01-10705 Continental Airlines, Inc. and Hawaiian Airlines, Inc. filed September 25, 2001. Allocation of U.S.-France same-country code-share opportunity to display Continental's designator code on Hawaiian's flights between Honolulu and Papeete, Tahiti. On September 27, 2001, Continental and Hawaiian withdrew their joint application.

OST-97-2965 / OST-98-3626 / OST-98-3640 United Air Lines, Inc., filed May 20, 1998. Petition for review of staff action and request that the Department reverse the award of code-share authority to American Airlines and Iberia Lineas Aereas de Espana to the extent that it permitted code-share service between Madrid and Rome (See Notice of Action dated April 30, 1998, in Dockets OST-97-2965 and 98-3626, and Order 98-12-6). United stated that American's proposed service in this market was not consistent with the aviation agreement between the United States and Italy. American and Iberia filed a response. Subsequent to the petition, the United States and Italy signed an open-skies agreement, and U.S. carrier service, including American's service at issue here, is now covered by this more liberal arrangement. United's petition, therefore, is now moot.

OST-00-7633 United Parcel Service Co., filed July 12, 2000. Allocation of five (5) one-way weekly Russia overflight frequencies transiting Tashkent in order to operate freighter service over a Cologne, Germany - Mumbai, India - Singapore - Taipei, Taiwan routing. On July 21, 2000, UPS withdrew the application.

OST-00-8355/OST-00-8356 United Air Lines, Inc.; US Airways, Inc.; and Allegheny Airlines, Inc., filed November 17, 2000. Joint application for (a) approval of a transfer of the international certificate authority held by US Airways and Allegheny to United; and (b) an interim exemption to facilitate the transfer, pending final consummation of the merger of United, US Airways and Allegheny. Continental Airlines, Delta Air Lines, America West Airlines, American Airlines, the Communications Workers of America/AFL-CIO/CLC, and the US Airways Master Executive Council of the Air Line Pilots Association filed answers. On July 27, 2001, the Joint Applicants announced the termination of their merger agreement, and on July 30, 2001, the Joint Applicants filed ajoint motion to withdraw the applications. We grant the motion.

OST-00-7880 America West Airlines, Inc., filed August 31, 2000. Renew statement of authorization to code share with Eva Airways Corporation. On October 30, 1998, the Department granted the application of America West to display EVA's designator code on America West's domestic flights for the carriage of EVA's transpacific traffic (undocketed). The Department granted the application for an indefinite duration, subject to attached conditions. In these circumstances, the renewal application is moot.

OST-97-2803 Delta Air Lines, Inc., filed July 21, 1999. Renew authorization to provide third- country code-share service to Egypt. By Order 2000-10-14, the Department determined that Delta's authorization was available for allocation since Delta proposed to change its code-share partner from Swissair to Air France. Subsequently, by Order 2000-11-2, we selected Delta and Air France for the available authorization (Docket OST-2000-6982). Against this background, Delta's application to renew its authorization in Docket OST-97-2803 is now moot.

By:  Paul Gretch

OST-2007-27352 - Statements of Authorization - US Domestic Codesharing
OST-2000-7880 - Statement of Authorization - Codesharing with EVA Airways

February 16, 2007

Joint Application for Statements of Authorization - Bookmarked

US Airways, Inc., America West Airlines, Inc. and EVA Airways Corporation have amended the previously approved codeshare agreement between America West and EVA to allow EVA to place its "BR" designator code on flights operated by both US Airways and America West in certain U.S. domestic markets. Accordingly, US Airways and EVA apply for issuance of statements of authorization under 14 C.F.R. Part 212, in order to implement the codesharing arrangements provided for in the Amended Codeshare Agreement, attached hereto as Exhibit 1. The carriers request expedited treatment for this Application.

• US Airways requests a statement of authorization for blanket codeshare authority to display EVA's "BR" designator code on flights operated by US Airways between any points within the United States. The specific routes that are covered by the Amended Codeshare Agreement are described in Appendix A.
• EVA requests a statement of authorization for blanket codeshare authority to display it's "BR" designator code on flights operated by US Airways between any points within the United States. The specific routes that are covered by the Amended Codeshare Agreement are described in Appendix A.

US Airways and EVA intend to begin operating the proposed codeshare arrangements as early as March 3, 2007. To that end, US Airways and EVA will poll the U.S. carrier representatives served with this application and will notify the Department promptly of the results of this poll. US Airways and EVA request that the Department act upon this application as expeditiously as possible.

Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com for US Airways / Zucket Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com for EVA Airways

OST-2007-27352 - Statements of Authorization - US Domestic Codesharing
OST-2000-7880 - Statement of Authorization - Codesharing with EVA Airways
OST-2007-27347 - Exemption - US-Jordan and Beyond Codesharing
OST-2004-18614 - Statement of Authorization - US-Jordan and Beyond Codesharing
OST-2007-27349 - Statements of Authorization - US Domestic Codesharing
OST-2004-18177 - Statement of Authorization - US-UK Codeshare with Virgin Atlantic
OST-2004-18178 - Exemption - UK-US Codeshare with America West

February 21, 2007

Motion for Confidential Treatment

US Airways respectfully moves to withhold from public disclosure the confidential versions of the code-share contracts and amendments submitted to the Department today. In accordance with Rule 12, US Airways is submitting copies of the confidential documents to the Department separately in a sealed envelope bearing the caption for the cases and marked "Confidential Treatment Requested Under § 302.12."

The information for which US Airways requests confidential treatment is confidential and competitively sensitive information. The public release of that information would cause US Airways substantial competitive and financial injury. Accordingly, the information should be withheld from public disclosure.

US Airways is submitting in this docket copies of the code-share contracts and amendments with the confidential portions redacted. These redacted versions are being served on all persons on the attached service list.

Counsel: US Airways, Howard Kass, 202-326-5153, howard_kass@usairways.com

OST-2007-27352 - Statements of Authorization - US Domestic Codesharing
OST-2000-7880 - Statement of Authorization - Codesharing with EVA Airways

February 21, 2007

Re: Polling Results

We have polled the air carriers on the attached service list regarding the above-referenced Applications. We receive no objections.

Counsel: US Airways, Howard Kass

OST-2007-27352 - Statements of Authorization - US Domestic Codesharing
OST-2000-7880 - Statement of Authorization - Codesharing with EVA Airways
OST-2007-27347 - Exemption - US-Jordan and Beyond Codesharing
OST-2004-18614 - Statement of Authorization - US-Jordan and Beyond Codesharing
OST-2007-27349 - Statements of Authorization - US Domestic Codesharing
OST-2004-18177 - Statement of Authorization - US-UK Codeshare with Virgin Atlantic
OST-2004-18178 - Exemption - UK-US Codeshare with America West

February 21, 2007

Redacted Codeshare and Commercial Cooperation Agreements

Per the Department's request, attached please find redacted copies of the following documents:

• Code Share Agreement between America West Airlines, Inc. and EVA Airlines Corporation
• Commercial Cooperation Agreement between America West Airlines, Inc. and Virgin Atlantic Airways Limited and the two previous amendments thereto
• Commercial Cooperation Agreement between America West Airlines, Inc. and Royal Jordanian Airlines and the six previous amendments thereto

These redacted documents are being served on all persons on the attached service list. Because these documents contain confidential and competitively-sensitive data, US Airways will separately file a Motion for Confidential Treatment and submit unredacted copies of these documents to the Department under seal, marked with a request for confidential treatment pursuant to Rule 12 (302.12).

Counsel: US Airways, Howard Kass

OST-2007-27352 - Statements of Authorization - US Domestic Codesharing
OST-2000-7880 - Statement of Authorization - Codesharing with EVA Airways

February 28, 2007

Re: Clarification to Codeshare Application

This email concerns the Joint Application filed by US Airways and EVA Airways in the above‑referenced docket on February 16, 2007. That application includes a request by EVA for a Part 212 statement of authorization for authority to engage in a codeshare arrangement with US Airways. The codeshare arrangement with US Airways will involve the display of EVA's "BR" code on US Airways flights only. As EVA already holds the underlying authority for the services where the codeshare with US Airways will be offered, no additional authorization for the codeshare with US Airways is required on the part of EVA. The inclusion in the February 16 application of a request for codeshare authorization on the part of EVA was in error. I regret any inconvenience this may have caused. EVA requests that the Department approve the request of US Airways for authorization to display the "BR" designator code on US Airways flights as proposed in the February 16 application.

Counsel: Zucket Scoutt, Malcolm Benge, 202-298-8660, mlbenge@zsrlaw.com

Filed February 16, 2007 | Approved March 1, 2007

Action on Application

By: Esta Rosenberg

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