OST-99-5011
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OST-99-5011
Northwest Airlines, Inc. against The European Communities
| OST-99-5011 | January 15, 1999 | Motion of Northwest Airlines for an Emergency Motion to Shorten Answer Period | Complaint of Northwest Airlines against The European Communities |
| Complaint of Northwest Airlines | |||
| Exhibit A: |
The European Union is in the final stages of enacting a ban on the use of hushkitted aircraft, even though those aircraft meet all ICAO and FAA noise standards. The EU is enacting this ban-despite its failure to conduct technical analysis of its environmental effect-with full understanding that it targets non-European operators, including U.S. operators, and spares European operators. The proposed regulation has already ldiminished the value of the U.S. commercial fleet. If enacted, the ban will also unreasonably restrict U.S. operators’ access to Europe, in contravention of U.S. rights under the Chicago Convention and bilateral air services agreements.
Counsel: Northwest, Megan Rae Poldy
| Order 99-1-10 OST-99-5011 |
Issued and Served January 22, 1999 | Order | Northwest against the European Union |
Order 99-1-10, invites interested persons to file answers to the complaint of Northwest Airlines, Inc., in Docket OST-99-5011, no later than February 5, 1999; and if answers are filed, replies to those answers should be filed no later than February 12, 1999. Answers to the complaint and replies, if any should be served upon the persons named in ordering paragraph 4, below.
Northwest Airlines, Inc. v. European Union
| OST-99-5011 | February 5, 1999 | Answer of ABX Air |
Counsel: Bagileo Silverberg, Robert Silverberg
| OST-99-5011 | February 5, 1999 | Answer of Aerospace Industries Association |
By: AIA
| OST-99-5011 | February 5, 1999 | Answer of The Air Transport Association of America | |
| Attachment A: |
Counsel: ATA, Robert Warren, 202-626-4000
| OST-99-5011 | February 5, 1999 | Comments of Societe Air France | Use of Hushkitted Aircraft in Europe |
By: Bagilio Silverberg, Michael Goldman for Air France, 202.944.3305
| OST-99-5011 | February 5, 1999 | Answer of Avaero |
Counsel: Bagileo Silverberg, Robert Silverberg
| OST-99-5011 | February 5, 1999 | Joint Answer of British Airways and Virgin Atlantic Aitways | Limit Use of Hushkitted Aircraft in Europe |
Counsel: British Airways and Boros Garofalo, Don Hainbach, 202-822-9070 / Virgin and Wilmer Cutler, Jeffrey Shane, 202-663-6000
| OST-99-5011 | February 5, 1999 | Answer of Burbank Aeronautical, ABS Partnership, and Duganair Technologies |
Counsel: Sher Blackwell, Mark Atwood
| OST-99-5011 | February 5, 1999 | Answer of The Cargo Airline Association | Use of Hushkitted Aircraft in Europe |
| Appendix A: CAA Membership List | |||
| Appedix B: Letter from David Traynham, Asst. Administrator for Policy, Planning, and Intl Aviation | Signed September 14, 1998 |
By: Stephen Alterman, President and Yvette Rose, Vice President-Regulatory Affair, Cargo Airline Assn., 202.293.1030
| OST-99-5011 | February 5, 1999 | Answer of Delta Air Lines | Use of Hushkitted Aircraft in Europe |
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
| OST-99-5011 | February 5, 1999 | Answer of Federal Express |
Counsel: Federal Express, Rush O'Keefe
| OST-99-5011 | February 5, 1999 | Answer of Fine Air Services |
Counsel: Pierre Murphy, 202-872-1679
| OST-99-5011 | February 5, 1999 | Answer of GE Aircraft Engines - Available as Soon as DOT Scans |
Letter of GE Aircraft Engines expressing reservations about the proposed European Union
aircraft noise rule and urges
closer coordination between the EU and U.S. DOT to promote an ICAO based solution.
By: Fred C. Herzner, Chief Engineer & General Manager, Chief Engineer's Office, General Electric Company
| OST-99-5011 | February 5, 1999 | Answer of Intrepid Aviation Partners | Use of Hushkitted Aircraft in Europe |
Counsel: Shaw Pittman, Nathaniel Breed, 202-663-8078
| OST-99-5011 | February 5, 1999 | Answer of Kitty Hawk Aircargo and American International Airways |
Counsel: Bagileo Silverberg, Robert Silverberg
| OST-99-5011 | February 5, 1999 | Answer of Lufthansa German Airlines |
Counsel: Wilmer Cutler, James Campbell, 202-663-6000
| OST-99-5011 | February 4, 1999 | Answer of the National Air Carrier Association | Limit Use of Hushkitted Aircraft in Europe |
By: Edward Driscoll, President and Chief Executive, Natl Air Carrier Assn.
| OST-99-5011 | February 5, 1999 | Answer of The Nordam Group | Limit Use of Hushkitted Aircraft in Europe |
Counsel: Shaw Pittman, JE Murdock, 202-663-8342
| OST-99-5011 | February 5, 1999 | Answer of Pratt & Whitney |
By: Pratt & Whitney
| OST-99-5011 | February 5, 1999 | Answer of Quiet Technology Venture |
Counsel: Pierre Murphy, 202-872-1679
| OST-99-5011 | February 5, 1999 | Answer of United Air Lines |
Counsel: United and Kirkland Ellis, Bruce Rabinovitz
| OST-99-5011 | Dated February 3, 1999 Posted February 12, 1999 |
Answer of the Association of European Airlines | Int'l Air Transport Fair Competitive Practices - Hushkit |
By: AEA, KH Neurmeister
| OST-99-5011 | February 12, 1999 | Reply of Northwest Airlines | Int'l Air Transport Fair Competitive Practices - Hushkit |
Northwest Airlines submits the following reply to the answers filed in response to its complaint against the Council of the European Union and the Governments of the 15 EU Member States. The answers confirm that all sectors of the U.S. aviation industry— aircraft operators, owners, and manufacturers—are united in support of the Department s approval of the complaint. And the only opposition, predictably filed by those whom the rule would benefit in the short rile, i.e., European airlines, focuses on whether DOT is the proper forum for seeking relief and whether prior U.S. actions have been lawful. Significantly. there was no effort to defend the proposal as a legitimate environmental measure.
Counsel: Northwest, Elliott Seiden, 202-842-3193
Complaint Against the Council of the European Union and the Governments of the 15 EU Member States
| OST-99-5011 | Dated March 5, 1999 Docketed March 12, 1999 |
Ex Parte Letter to Mr. K-H Neumeister | Complaint of Northwest Airlines against The European Communities |
Ex Parte Letter to Mr. K-H Neumeister from Charles A. Hunnicutt, Assistant Secretary
for Aviation and International
Affairs regarding a complaint filed by Northwest Airlines.
By: Charles Hunnicutt
| Order 99-3-10 OST-99-5011 |
Issued March 15, 1999 Served March 17, 1999 |
Order | Complaint - Huhkitting of Aircraft |
We will extend through April 15, 1999, the period for taking action on the complaint of Northwest Airlines, Inc.
By: Charles Hunnicutt
Northwest Airlines, Inc. - Complaint Against the Council of the European Union and the Governments of the 15 EU Member States
| OST-99-5011 | April 13, 1999 | Motion for
Leave to File an Otherwise Unauthorized Document and to Supplement the Record of the Cargo Airline Association |
Complaint Against the Council of the European Union and the Governments of the 15 Eu Member States |
By: Stephen A. Alterman, President
Northwest Airlines, Inc. - Complaint Against the Council of the European Union and the Governments of the 15 EU Member States
| Order 99-4-15 OST-99-5011 |
Filed April 14, 1999 Served April 19, 1999 Posted April 15, 1999 |
Order | Complaint Against the Council of the European Union and the Governments of the 15 EU Member States |
Order 99-4-15, extends through May 15, 1999, the period for taking action on the complaint of Northwest Airlines, Inc., in Docket OST-99-5011.
By: Bradley Mims
| OST-99-5011 | May 14, 1999 | Limited Waiver by Northwest Airlines of Statutory Deadline | International Air Transportation Fair Competitive Practices Act |
Northwest trusts that this suspension will allow the U.S. government and the Department adequate time to reach a resolution that will serve the public interest in maintaining the integrity of ICAO's uniform international aircraft certification scheme. Restoring the integrity of that scheme is essential to the industry's ability to address future environmental issues. Northwest reserves the right to withdraw its consent to this limited waiver if, during the course of negotiations, it becomes clear that the EU is unwilling to consent to restoring the integrity of the ICAO certification process. Northwest, therefore, agrees to a temporary limited waiver of the statutory deadline contained in 49 U. S.C. § 41310 until February 1, 2000.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
| Order 99-5-7 OST-99-5011 |
Issued May 14, 1999 Served May 18, 1999 |
Order | International Air Transportation Fair Competitive Practices Act |
After careful consideration of Northwest's submission and other relevant factors, we believe that the public interest is best served by granting Northwest's waiver and deferring the deadline for action on the complaint through February 1, 2000.
By: Bradely Mims
| OST-99-5011 | January 28, 2000 | Agreement of Northwest to Additional Waiver of Statutory Deadline in Light of Initiation of Article 84 Proceeding | International Air Transportation Fair Competitive Practices Act |
| Service List |
Counsel: Northwest, Megan Rae Rosia, 202.842.3193
| Order 00-2-2 OST-99-5011 |
Issued February 1, 2000 Served February 3, 2000 |
Order Granting Waiver | International Air
Transportation Fair Competitive Practices Act |
By: Bradley Mims
| OST-99-5011 | July 26, 2000 | Agreement of Northwest Airlines to Additional Waiver of Statutory Deadline | Complaint Under the International Air Transportation Fair Competitive Practices Act of 1974 |
Northwest filed a complaint with the Department stating, inter alia, that the E. U. proposed, and subsequently adopted, a rule banning the use of certain hushkitted and re-engined aircraft, which violates the international obligations of the E.U. member states under both the Chicago Convention and their bilateral air services agreements with the United States. Unfortunately, negotiations between the United States and the E.U. did not resolve this dispute. Thus, the U.S. Government invoked the dispute resolution procedures provided for under Article 84 of the Chicago Convention and filed a complaint with the ICAO Council.
Because the U.S. Government is involved in proceedings before ICAO, which is an appropriate procedure for resolving these issues, Northwest agrees to this supplemental limited waiver of the 180-day statutory deadline. Moreover, Northwest agrees to this limited waiver, until February 1, 2001, as a show of support for the U.S. Government's decision to file a complaint with ICAO. Accordingly, Northwest respectfully requests that the Department extend the statutory deadline. However, Northwest will continue to monitor the proceedings before ICAO, and it retains the option to withdraw this consent.
Counsel: Northwest, Clayton Foushee, 202-842-3193
| OST-99-5011 | July 27, 2000 | Motion of Northwest Airlines for Leave to File an Otherwise Unauthorized Document | International Air Transportation Fair Competitve Act of 1974 |
| Corrected Version of Waiver of Statutory Deadline |
Counsel: Northwest, Megan Rae Rosia, 202-842-3193
| Order 00-7-34 OST-99-5011 |
Issued July 28, 2000 Served August 1, 2000 |
Order Granting Waiver | International Air Transportation Fair Competitve Act of 1974 |
By: Bradley Mims
| OST-99-5011 | November 29, 2000 | Agreement of Northwest Airlines to Additional Waiver of Statutory Deadline | International Air Transportation Fair Competitve Act of 1974 |
| Service List |
Counsel: Northwest, Elliott Seiden, 202-842-3193
| Order 00-11-30 OST-99-5011 |
Issued November 30, 2000 Served December 5, 2000 |
Order Granting Waiver | International Air Transportation Fair Competitve Act of 1974 |
By: Francisco Sanchez
| OST-99-5011 | June 13, 2001 | Agreement of Northwest Airlines to Additional Waiver of Statutory Deadline | International Air Transportation Fair Competitive Act of 1974 |
| Service List |
Counsel: Northwest, Megan Rae Rosia, 202.842.3193, megan.rosia@nwa.com
| Order 01-6-23 OST-99-5011 |
Issued June 26, 2001 Served June 29, 2001 |
Order Granting Waiver | International Air Transportation Fair Competitive Act of 1974 |
By: Susan McDermott
| OST-99-5011 | November 7, 2001 | Agreement of Northwest Airlines to Additional Waiver of Statutory Deadline | International Air Transportation Fair Competitive Act of 1974 |
| Service List |
Counsel: Northwest, Megan Rae Rosia, 202.842.3193, megan.rosia@nwa.com
| Order 01-11-18 OST-99-5011 |
Issued November 30, 2001 Served December 5, 2001 |
Order Granting Waiver | International Air Transportation Fair Competitive Act of 1974 |
Order 2001-11-18 grants the request of Northwest Airlines, Inc. for a waiver of the statutory deadline in order to defer through June 3, 2002.
By: Read Van de Water
| OST-99-5011 | May 21, 2002 Docketed May 22, 2002 |
Motion of Northwest Airlines to Dismiss Complaint | Northwest Airlines, Inc. - Complaint Against the Council of the European Union and the Governments of the 15 EU Member States |
Northwest Airlines, Inc. moves to dismiss, without prejudice, the complaint it
filed in this proceeding pursuant to 49 U.S.C. § 41310(d). The European Parliament and the Council of the European Union recently adopted a directive that repeals the discriminatory legislation at issue in this proceeding.1 This directive states that "Member States shall adopt a balanced approach" and such efforts "shall be non-discriminatory on grounds of nationality or identity of air carrier or aircraft manufacturer." The new directive on its face is non-discriminatory. Northwest asks that this proceeding be dismissed without prejudice, however, to preserve Northwest’s right to refile in the event the directive is construed and implemented in a manner as to effect the same discrimination addressed in Northwest’s original complaint. No. 2002/30/EC, 2002 O.J. (L 85/40) art. 15 (adopted March 26, 2002; published March 28, 2002) repealing Council Regulation (EC) No.925/1999, 1999 O.J. (L 115/1) 1 (adopted April 29, 1999; published May 4, 1999).Counsel: Northwest, Megan Rae Rosia, 202.842.3193, megan.rosia@nwa.com
| Order 02-5-32 OST-99-5011 |
Issued June 3, 2002 Served June 6, 2002 |
Order Dismissing Complaint and Terminating Proceeding | International Air Transportation Fair Competitive Act of 1974 |
On January 15, 1999, Northwest filed a complaint under 49 U.S.C. § 41310 against the Council of the European Union and the Governments of the 15 EU Member States regarding EU regulations that would restrict the use of hushkitted aircraft. Northwest stated that the regulation would unreasonably restrict U.S. operators' access to Europe in contravention of U.S. rights under the Chicago Convention and bilateral air services agreements.
By: Read Van de Water
Northwest Airlines, Inc. against The Council of The European Union and the Governments of The 15 EU Member States
| Order 02-6-1 OST-99-5011 |
Issued June 3, 2002 Served June 6, 2002 |
Order Dismissing Complaint and Terminating Proceeding |
Northwest Airlines, Inc. against The Council of The European Union and the Governments of The 15 EU Member States |
By: Read C. Van de Water
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