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OST-98-4869

Lufthansa German Airlines

OST-98-4869 December 7, 1998 pdficon.gif (87 bytes)Application for Exemption Chicago O'Hare-Frankfurt
    Service List  

Lufthansa respectfully requests that the Department grant it an exemption from Subparts K and S of 14 C.F.R. Part 93 to the extent necessary to enable Lufthansa to reintroduce a second daily round-trip combination service between Chicago O'Hare International Airport and Frankfurt, Germany for the 1999 summer traffic season.

Counsel:  Wilmer Cutler, James Campbell for Lufthansa, 202.663.6000

Lufthansa German Airlines

OST-98-4869 December 21, 1998 pdficon.gif (87 bytes)Answer of American Airlines High Density Rule, Chicago O'Hare document.gif (123 bytes)HTML
    Exhibit 1:  NAC Chart    
    Exhibit 2:  Letter from Scheduling Coordinator FRG    

As shown by the attached chart, Frankfurt Airport is severely constrained at commercially viable times for transatlantic flights (Exhibit 1). Indeed, the only times that such slots are readily available are on Saturday afternoons and Sunday mornings. The head of slot coordination has stated that at Frankfurt Airport, "[s]ubstantial slot problems for arrivals and departures have to be expected daily (UTC), 04:30 - 16:30, 17:00 - 21:00" (Exhibit 2).  Lufthansa's application constitutes another instance in which a foreign carrier has applied for exemption slots to serve between the U.S. and a point in its homeland at the very time that a U.S. carrier is being denied the slots it has requested to operate to the same foreign point.

Counsel:  American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com

Lufthansa German Airlines

OST-98-4869 December 30, 1998 pdficon.gif (87 bytes)Response of US Airways to Answer of American Airlines and Motion for Leave to File High Density Rule - Chicago O'Hare document.gif (123 bytes)HTML

In an attempt to exercise rights awarded to them by the Department of Transportation, U.S.-flag carriers are being unlawfully denied commercially viable access to foreign airports. In these situations, U.S. international flag carriers must rely on the efforts of the U.S. Government. The DOT has a positive public obligation to support U.S. consumers, communities, and carriers. Declining to do so would cede to foreign governments the power to exercise bilateral rights in a manner advantageous to their flag carriers. Unless the U.S. government acts forcefully, foreign governments will be further encouraged to discriminate against U.S. constituents.

Counsel:  O'Melveny & Myers LLP, Joel Stephen Burton for US Airways, 202.383.5300

Lufthansa German Airlines

OST-98-4869 December 31, 1998 pdficon.gif (87 bytes)Reply of Lufthansa German Airlines High Density Rule - Chicago O'Hare document.gif (123 bytes)HTML

American has made no attempt whatsoever to set forth in its Answer the types of supporting evidence that presumably would be necessary for the Department to deny Lufthansa's Application. For example, American does not -- and cannot -- assert that (1) the German slot allocation authority has denied it access to German airports, or that (2) German slot allocation practices are more restrictive than comparable U.S. practices, or that (3) German authorities have in any way discriminated against American. Indeed, Lufthansa finds it quite remarkable that American has the temerity to demand that the U.S. Department of Transportation deny Lufthansa any and all access to additional slots at Chicago O'Hare in a time-consuming and not inexpensive supplemental slot allocation procedure in the U.S. when American itself has already been allocated all the slots it has requested at Frankfurt -- each for a peak period of demand at the airport.

Counsel:  Wilmer Cutler, James Campbell, 202.663.6000

OST-98-4869 December 31, 1998 pdficon.gif (87 bytes)Reply of United Air Lines and Motion for Leave to File High Density Rule - Chicago O'Hare document.gif (123 bytes)HTML

United requests leave to file this reply to address issues raised by American relating to the United/Lufthansa alliance. Although these issues are irrelevant to Lufthansa's application, American has used its answer in an attempt to inject them into this proceeding. United should, therefore, be allowed to address those issues and seeks leave to do so.

Counsel:  Kirkland & Ellis, Jeffrey Manley for United, 202.879.5161

AIR FRANCE / SCANDINAVIAN AIRLINE SYSTEM / LUFTHANSA GERMAN AIRLINES / JAPAN AIRLINES CO., LTD. / ALL NIPPON AIRWAYS CO., LTD. /  COMPANIA MEXICANA DE AVIACION, S.A. DE C.V. / IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A. / CZECH AIRLINES (CSA) 

OST-98-4824
OST-98-4826
OST-98-4869
OST-98-4890
OST-98-4902
OST-98-4946
OST-99-4981
OST-99-4998		 January 20, 1999 pdficon1.gif (224 bytes)Motion for Leave to File and Consolidated Answer of The City of Chicago High Density Rule - Chicago O'Hare document.gif (123 bytes)HTML

For several reasons, Chicago strongly urges the Department to grant expeditiously the slot exemptions requested in these eight applications for the purpose of initiating or continuing air service at O’Hare. First, grant of these exemptions is in the public interest, providing both inter- and intra-gateway competition, while benefiting the traveling and shipping public. Chicago conservatively estimates the collective economic benefit of this international air service to be over $964 million for the Chicago region in terms of increased jobs, trade, and tourism. Second, unlike the only occasion in which the Department turned down a foreign air carrier application for a slot exemption at O’Hare, each of the carriers in the instant proceedings except Czech Airlines filed a timely request for slots with the FAA. And, in the case of Czech Airlines, it filed a late application with the FAA only because it was unable to finalize plans to obtain the necessary equipment to serve the flight.

Counsel:  Chicago and Winthrop Stimson, Kenneth Quinn, (202) 775-9898, quinnk@winstim.com

Scandinavian Airlines System / Lufthansa German Airlines

Order 99-2-22
OST-98-4826
OST-98-4869		 Issued and Served February 22, 1999

Department Did NOT Release to Public on Feb 22nd Along with Other Slot Orders

 pdficon1.gif (224 bytes)Order Granting Exemptions High Density Rule - Chicago O'Hare

We will grant SAS an exemption to enable it to perform one daily late afternoon Copenhagen-Chicago scheduled flight arrival at O’Hare during the l999 summer season; and we will also grant Lufthansa an exemption to enable it to perform one daily Frankfurt-Chicago scheduled flight arrival at O’Hare during the l999 summer season. We find that grant of these exemptions is consistent with the public interest.

By:  Charles Hunnicutt

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