OST-98-3818
Home | OST Filings by Number | OST Orders
and Notices | OST
Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day
OST-98-3818
Executive Airlines, Inc. d/b/a American Eagle (Amendment of Certificate of Public Convenience and Exemption, Love Field)
OST-98-3818 | May 6, 1998
Application for Certificate Amendment
Executive Airlines, Inc. d/lo/a American Eagle, under 49 USC 41102, hereby applies for amendment of the Dallas Love Field condition in its certificate of public convenience and necessity issued by Order 90-2-54, February 28, 1990. That certificate authorizes air transportation of persons, property, and mail between points in the United States, its territories, and possessions.
Answers are due by June 3, 1998, Subpart Q
Answers are due by May 21, 1998
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
American Airlines, Inc. / Executive Airlines, Inc. d/b/a American Eagle (Dallas Love Field)
OST-98-3817 | OST-98-3818 | OST-98-3819 | OST-98-3820 | May 21, 1998
Answer of Continental Airlines and Continental Express
Since the American Eagle exemption application fails to indicate the type of aircraft American Eagle would use at Love Field, it is possible that American Eagle contemplates using aircraft certificated for more than 56 seats to serve Love Field. If American Eagle proposes to use large aircraft as defined in § 298.2(h) with fewer than 56 seats installed pursuant to the exemption from Love Field restrictions or to comply with the restrictions but offer service with aircraft containing more than 56 seats between Love Field and the additional states authorized by the 1997 revision it would require the exemption authority it seeks. If such authority is given to American Eagle it should also be given to other carriers, including Continental and Continental Express, so they will have the same flexibility at Love Field which American and American Eagle would have.
Counsel: Continental and Crowell Moring, 202-624-2615
American 's application should be dismissed because it contains a significant omission of material fact: American is party to a Use Agreement that prohibits it from conducting any interstate operations at Love Field. Instead of disclosing this critical fact, American's application misleadingly states that it is "fit, willing, and able" to provide service at Love Field. In fact, the application (as with other documents American has issued -concerning Love Field) contains misleading and inaccurate statements as to American's intentions and its ability to operate at Love Field. The application is incomplete because it does not detail all agreements, contracts, bond ordinances, and other documents that impact American's ability to operate at both Dallas/Fort Worth Airport and Love Field. Although American references some of those documents, the application is silent on the impact that those documents and agreements have on American's ability to operate at Love Field.
Attachment: Southwest Press Release
Counsel: Ungaretti Harris, Edward Faberman, 202-331-1486
American Airlines, Inc. / Executive Airlines, Inc. d/b/a American Eagle (Dallas Love Field)
OST-98-3817 | OST-98-3818 | OST-98-3819 | OST-98-3820 | May 21, 1998
Answer of Continental Airlines and Continental Express
Since the American Eagle exemption application fails to indicate the type of aircraft American Eagle would use at Love Field, it is possible that American Eagle contemplates using aircraft certificated for more than 56 seats to serve Love Field. If American Eagle proposes to use large aircraft as defined in § 298.2(h) with fewer than 56 seats installed pursuant to the exemption from Love Field restrictions or to comply with the restrictions but offer service with aircraft containing more than 56 seats between Love Field and the additional states authorized by the 1997 revision it would require the exemption authority it seeks. If such authority is given to American Eagle it should also be given to other carriers, including Continental and Continental Express, so they will have the same flexibility at Love Field which American and American Eagle would have.
Counsel: Continental and Crowell Moring, 202-624-2615
American 's application should be dismissed because it contains a significant omission of material fact: American is party to a Use Agreement that prohibits it from conducting any interstate operations at Love Field. Instead of disclosing this critical fact, American's application misleadingly states that it is "fit, willing, and able" to provide service at Love Field. In fact, the application (as with other documents American has issued -concerning Love Field) contains misleading and inaccurate statements as to American's intentions and its ability to operate at Love Field. The application is incomplete because it does not detail all agreements, contracts, bond ordinances, and other documents that impact American's ability to operate at both Dallas/Fort Worth Airport and Love Field. Although American references some of those documents, the application is silent on the impact that those documents and agreements have on American's ability to operate at Love Field.
Attachment: Southwest Press Release
Counsel: Ungaretti Harris, Edward Faberman, 202-331-1486
American Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle - (Dallas Love Field Condition)
OST-98-3817 | OST-98-3819 | June 2, 1998
DFW International Airport is more than capable of enforcing the contractual obligations of its signatory airlines. DFW does not need to rely on Legend to assert and protect its contractual rights within a ministerial administrative proceeding that merely asks the Department to update language in American's and Executive's certificates. The Department should promptly amend the Dallas Love Field condition in American's and Executive's certificates to conform with applicable Federal law.
Attachment 1 - Continental Airlines, The City of Dallas, TX, The City of Fort Worth, TX, DFW Airport Board, Southwest Airlines Company v. US Department of Transportation
Counsel: Carl Nelson, Jr. for American Airlines, 202.496.5647
American Airlines, Inc. / Executive Airlines, Inc. d/b/a American Eagle (Dallas Love Field)
OST-98-3817 | OST-98-3818 | OST-98-3819 | OST-98-3820 | June 12, 1998
Answer of The Dallas-Fort Worth International Airport
and Motion for Leave to File
Signatory carriers such as American and Continental are contractually prohibited from offering interstate Love Field flights and Dallas/Fort Worth intends to enforce these longstanding prohibitions that are key to the success of the DFW International Airport and the vitality of the Dallas/Fort Worth area economy regardless of what is in these carriers' federal certificates issued by the Department.
Counsel: Bagileo Silverberg, Michael Goldman, 202-944-3305
Order 98-7-6 | OST-98-3817 | OST-98-3818 | OST-98-3819 | OST-98-3820 | OST-98-3598 | OST-98-4024 | Issued and Served July 8, 1998
By this order, we are (1) reissuing the interstate scheduled passenger certificates held by American Airlines, Inc. (American) and Executive Airlines, Inc. d/b/a American Eagle (Executive) under 49 U.S.C. 41102 to reflect the new standard "Love Field condition" and the current format for such certificates, (2) affirming our action in Order 98-4-24 reissuing American Eagle's certificate with this revised provision, and (3) amending the interstate scheduled certificates issued to other air carriers to reflect this new language.
By: Charles Hunnicutt
Home | OST Filings by Number | OST Orders
and Notices | OST
Filings by Carrier
OST Filings by
Proceeding | OST Filings by Day | Office of Intl Aviation Filings by Carrier | Office of Intl Filings by Day
