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TAP Air Portugal / Delta Air Lines, Inc. and TAP Air Portugal (Exemption, Portugal-New York-Miami/Los Angeles/Washington/San Francisco) / Renewal and Amendment of a Statement of Authorization (New York-Boston/Miami/Los Angeles/Washington/San Francisco)

OST-97-2783 | Undocketed | August 4, 1997

Joint Application

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An exemption to TAP under 49 U.S.C. § 40109 to authorize TAP, on a code-share basis, to engage in scheduled foreign air transportation of persons, property and mail between Lisbon, Portugal, on the one hand, and Miami, Los Angeles, Washington, D.C., and San Francisco, on the other hand. Renewal and amendment of the Statement of Authorization under 14 C.F.R. Part 207 that was granted to Delta and TAP on October 11, 1996, to (1) allow Delta and TAP to continue to engage in a code-share/blocked-space arrangement whereby Delta displays the "TP" designator code of TAP on certain flights operated by Delta between New York (JFK) and Boston, and (2) allow Delta and TAP to expand their arrangement to permit Delta to display the "TP" designator code on certain flights operated by Delta between New York (JFK), on the one hand, and Miami, Los Angeles, Washington, D.C., and San Francisco, on the other hand.

TAP proposes to begin offering service between Lisbon, on the one hand, and Miami, Los Angeles, Washington, D.C., and San Francisco, on the other hand, on or about September 3, 1997

Answers are due by August 19, 1997

Service List

Counsel: Seham Seham, Alvin Green, 212-557-9577 for TAP / Delta and Shaw Pittman, Robert Cohn, 202-663-8060

TAP Air Portugal / Delta Air Lines, Inc. and TAP Air Portugal (Exemption, Portugal-New York-Miami/Los Angeles/Washington/San Francisco / Statement of Authorization, New York-Boston/Miami/Los Angeles/Washington/San Francisco)

OST-97-2783 | Undocketed | August 14, 1997

Answer of American Airlines

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Indeed, the only statement on reciprocity that the applicants offer is that Portugal has previously approved "extrabilateral code-share arrangements between Delta and TAP". This is wholly insufficient to support a finding that Portugal would approve code-sharing between U.S. and third country carriers, as required by the Department's policy.

Attachment – Codeshare Amendment 2 for American and Aero California

Counsel: American, Carl Nelson, 202-496-5647

TAP Air Portugal and Delta Air Lines, Inc. (Exemption, Renewal and Amendment of a Statement of Authorization)

OST-97-2783 | Undocketed | August 21, 1997

Joint Reply of Delta Air Lines and TAP

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The Department should categorically reject American's self-serving attempt to leverage approval of its own problematic code-share applications involving El El, Transaero, and LAPSA, against approval of the Delta/TAP request.

Counsel: Seham Seham, Alvin Green, 212-557-9577 for TAP / Delta and Shaw Pittman, Robert Cohn, 202-663-8060

Notice Dismissing Various Applications Air Caraibes Exploitation, Transnet Limited d/b/a South African Airwways, TAP Air Portugal, British Midland Airways Limited

OST-95-201 Air Caraibes Exploitation, filed February 27, 1995, amended June 30, 1998. Initial foreign air carrier permit to engage in charter foreign air transportation of persons, property and mail between the French West Indies and Puerto RicoNirgin Islands/Miami. By Notice of Action Taken dated March 28, 2001, in Docket OST-99-6107, we granted Caraibes Air Transport SA, the successor company to Air Caraibes Exploitation, exemption authority which encompasses the authority at issue here.

OST-96-1670 Transnet Limited d/b/a South African Airways, filed October 29, 1998. Renew exemption to engage in scheduled foreign air transportation of persons, property and mail between Johannesburg/Cape Town and Philadelphia/Boston/Washington, D.C./Houston/Orlando/San Francisco/Dallas/Ft. Worth/Chicago/Atlanta via New York/Miami pursuant to a codeshare agreement with American Airlines, Inc. Information available to the Department indicates that this codeshare agreement has been terminated.

OST-97-3099 Transnet Limited d/b/a South African Airways, filed December 7, 1998. Renew and amend OST-97-3210 exemption to engage in scheduled foreign air transportation of persons, property and mail between Johannesburg/Cape Town and Tampa/Baltimore/Pittsburgh/Raleigh-Durham/New Orleans/ Cleveland/San Diego/Denver/Jacksonville/San Juan/Buffalo/Seattle pursuant to a codeshare agreement with American Airlines, Inc. Information available to the Department indicates that this codeshare agreement has been terminated.

OST-97-2783 TAP Air Portugal, filed August 4, 1997. Exemption to engage in scheduled foreign air transportation of persons, property and mail between Lisbon Portugal, and Miami/Los Angeles/ Washington, D.C./San Francisco. By Notice of Action Taken dated March 29, 2000, in Docket OST-2000-7003, we granted TAP an exemption which encompasses the authority at issue here.

OST-2000-6851 British Midland Airways Limited, filed February I, 2000, and March l, 2001. Exemption to engage in scheduled foreign air transportation of persons, property and mail between points in the United Kingdom and specified U.S. cities pursuant to a codeshare agreement with United Air Lines, Inc. By Order 2000-7-27 dated July 24, 2000, in Docket OST-2000-6954, we granted British Midland an exemption which encompasses the authority at issue here.

Undocketed Delta Air Lines, Inc., and TAP Air Portugal, filed August 4, 1997. Renew and amend statement of authorization, last granted October 11, 1996, to allow Delta to display the designator code of TAP on flights operated by Delta between New York and Boston, and between New York and Miami/Los Angeles/Washington, D.C./San Francisco. Information available to the Department indicates that this codeshare agreement has been terminated.

Undocketed Delta Air Lines, Inc., and TAP Air Portugal, filed December 21, 1998. Renew statement of authorization, last granted January 22, 1998, to allow TAP to display the designator code of Delta on flights operated by TAP between New York/Newark and Lisbon. Information available to the Department indicates that this codeshare agreement has been terminated.

By:  Paul Gretch

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