OST-98-4902
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OST-98-4902
| OST-98-4902 | December 11, 1998 |  Application for an Exemption |
Chicago O'Hare-Tokyo |
| Service List |
Counsel: Naomichi Terazaki for All Nippon, 202.857.0955
| OST-98-4902 | December 23, 1998 | Answer of American Airlines |
High Density Rule - Chicago O'Hare |  HTML |
ANA'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 .3 In prior grants of exemption slots to foreign carriers, no such issue of reciprocity has been presented. See, e.q., Iberia, Order 9810-12, October 17, 1998; SAS, Order 98-8-25, August 20, 1998; Lufthansa, Order 98-4-28, April 27, 1998; Turkish Airlines, Order 97-3-31, March 21, 1997. Those precedents are thus inapplicable here. The Department should firmly establish the principle that the required public interest finding under 49 USC 41714(b)(1) cannot be made when a U.S. carrier is being denied requested slots at the same foreign point at issue in the foreign carrier's application.
Accordingly, the application by ANA for an award by the United States Government of O'Hare exemption slots should be denied unless American receives at least the slots it has requested to serve between New York and Tokyo.
Counsel: Carl Nelson, Jr., 202.496.5647
Japan Airlines, Inc., Ltd. / All Nippon Airways Co., Ltd.
| OST-98-4890 OST-98-4902 |
December 24, 1998 | Consolidated Answer of Delta |
High Density Rule - Chicago O'Hare | HTML |
The time has come for the Department to take a firm stand and take affirmative steps to enable U.S. carriers to implement the U.S.-Japan services authorized under the 1998 MOU. The Department stated that the MOU "would produce enormous public benefits in terms of the range of price and service options available to travelers in the market, and would remedy many of the serious service and structural deficiencies that have adversely affected the market for many years." Order 98-5-17 at 5. However, de jure access without de facto access is a hollow achievement. The anticipated benefits of the 1998 MOU will not come to pass so long as Delta and other MOU carriers are unable to obtain Narita slots with which to implement the competitive services authorized under the bilateral.
Wherefore, Delta urges the Department to immediately initiateconsultations with the Government of Japan to secures the means for U.S. carriers to obtain Narita slots and to defer action on the instant applicationspending satisfactory completion of those discussions.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060
Japan Airlines / All Nippon Airways
| OST-98-4890 OST-98-4902 |
January 4, 1999 | Consolidated Response of US Airways to Answers
of Delta Air Lines and American Airlines and Motion for Leave to File |
High Density Rule - Chicago O'Hare Slots | HTML |
| Service List |
In an attempt to exercise rights awarded to them by the Department ofTransportation, U.S.-flag carriers are being unlawfully denied commercially viable access to foreign airports. In these situations, U.S. international flag carriers mustrely 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 & Meyers LLP, Joel Burton, 202.383.5300
Japan Airlines Co., Ltd. / All Nippon Airways Co., Ltd.
| OST-98-4890 OST-98-4902 |
January 6, 1999 | Consolidated Reply of United Air Lines and
Motion for Leave to File |
High Density Rule - Chicago O'Hare | HTML |
In the event that the Department, contrary to United's position set forth above, should decide to uphold the objections of American and Delta, the same action should be taken in equal measure with respect to both Japanese carriers. No party to this proceeding has suggested otherwise except by implication. United, therefore, reserves the right to submit further comment should any party suggest discrimination as between the two Japanese carriers applications.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manely@kirkland.com
| OST-98-4902 | January 7, 1999 | Reply of All Nipon Airways to Answer of
American and Delta and to Response of US Airways with Motion for Leave to File |
High Density Rule - Chicago O'Hare | HTML |
| Service List |
As American and Delta know, ANA is in no way responsible for the allocation of slots at
Narita. Narita slots are allocated pursuant to longstanding IATA
procedures. ANA has no influence over the slot allocation process and can neither
facilitate nor hinder the allocation of slots to other carriers. Indeed, ANA is no more
involved in that process than Delta and American are involved in allocating slots at the
four U.S. High Density Airports. It would be pointless and fundamentally unfair,
therefore, to punish ANA and to hold its new Chicago-Tokyo service hostage pending action
on the requests of American and Delta for slots at Narita.
Counsel: Zuckert Scoutt, James Devall, 202.298.8660
| OST-98-4902 | January 15, 1999 | Ministry of Transport Japan - Letter in
Support |
Exemption - Chicago, Illinois-Tokyo, Japan |
Letter of the Ministry of Transport, Japan, in support of All Nippon Airways' request for exemption from the related regulation on slots at Chicago O'Hare International Airport.
By: Ministry of Transport Japan, Yasutaka Tsuruno, Deputy Director, General for International Affairs Civil Aviation Bureau
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 |  Motion for Leave to File
and Consolidated Answer of The City of Chicago |
High Density Rule - Chicago O'Hare | 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
Japan Airlines Company, Ltd. / All Nippon Airways Co., Ltd.
| Order 99-2-25 OST-98-4890 OST-98-4902 |
Issued and Served February 22, 1999 | Order Granting Applications for Slot Exemptions at Chicago
O'Hare Airport |
High Density Rule - Chicago O'Hare |
We find that grant of these exemptions is consistent with the public interest. In reaching this decision, we recognize that ANA and JAL filed timely requests with the FAA for slots, and that due to hourly constraints the FAA has not been able to accommodate those requests. ANA and JAL have been properly authorized by their government to provide scheduled foreign air transportation in the Chicago-Tokyo and Chicago-Osaka markets, respectively, and our action here will provide the traveling public with important new services.
By: Charles Hunnicutt
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