ost983820

OST-98-3820 - American - Amendment of Certificate of Public Convenience for Route 4 and Exemption, Love Field

American Airlines, Inc. (Amendment of Certificate of Public Convenience for Route 4 and Exemption, Love Field)

OST-98-3817 | OST-98-3818 | OST-98-3819 | OST-98-3820 | May 6, 1998

Application for Certificate Amendment

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American seeks to insure that its Federal authority to operate from Love Field is not more restrictive than the Federal authority of other airlines, so that American has the right to serve Love Field to the full extent allowed by applicable Federal and local laws.

Attachment 1

Answers are due by June 3, 1998, Subpart Q

Application for Exemption

Attachment 1

Service List

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

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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

Answer of Legend Airlines

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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-98-3818 | OST-98-3819 | OST-98-3820 | June 2, 1998

Joint Reply of American Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle to Continental Airlines, Inc. and Legend Airlines

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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

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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.

Exhibit 1: City of Fort Worth and American v. Dallas et al., Application for Temporary Injunction, 6/4/98
Exhibit 2: City of Fort Worth and American v. Dallas et al., Application for Temporary Injunction, 6/4/98

Counsel: Bagileo Silverberg, Michael Goldman, 202-944-3305

American Airlines, Inc. - [Certificate for Interstate Scheduled Air Transport (Dallas Love Field)]

OST-98-3820 | Dated May 29, 1998 | Docketed June 17, 1998

Re: Application for Certificate of Public Convenience and Necessity - Answer of Love Field Citizens Action Committee

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Love Field Citizens Action Committee urges that it would not be in the public interest to grant American's Application pending before your Department. Our Committee respectfully requests the Department of Transportation to deny American's Application. Further, any consideration of American's Application must be subject to the preparation and review of an Environmental Impact Statement.

By: Russ Jewert, Rudy Longoria, Co-Chairs LFCAC

American Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle / American Airlines, Inc. and Simmons Airlines, Inc. d/b/a American Eagle / Reissuance of Interstate Scheduled Passenger Certificates

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

Order Reissuing Certificates

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.

Attachment A: Carrier/Order
Attachment B: Service List

By: Charles Hunnicutt

US Air Carrier Interstate Certificates / Reissuance of Interstate Scheduled Passenger Certificates- (Additional Information)

Order 98-7-6 | OST-98-4024 | July 9, 1998

These certificates are being reissued to reflect the current format for such certificates and the change in the Love Field condition contained herein as a result of section 337 of the Department of Transportation and Related Agencies Appropriations Act of 1998.

By: Charles Hunnicutt