Order 02-3-18

Order 02-3-18

Order for Japanese Cargo Carriers to File Schedules; Air Japan Co., Ltd.; Air Nippon Co., Ltd.; All Nippon Airways Co. Ltd.; Jalways Co. Ltd.; Japan Air System Company, Ltd.; Japan Airlines Company, Ltd.; Japan Asia Airways Co., Ltd.; Nippon Cargo Airlines Company, Ltd.

Order 02-03-18
OST-02-11890

Issued and Served March 20, 2002
Docketed March 21, 2002

Order to File Schedules

Part 213 Order

Order 2002-3-18 is imposing Phase I schedule filing requirements under 14 CFR Part 213 of the Department's regulations to cover the all-cargo services of the named foreign air carriers of Japan. The Named Japanese carriers would thus be required to file their U.S. all-cargo schedules of service so that we may determine whether the operation of such services, or any part thereof, may be contrary to applicable law or adversely affect the public interest. Also taking this action in response to the Government of Japan's action which denies Federal Express Corporation (FedEx) the ability to operate certain bilaterally-agreed services.

We have carefully considered the arguments given by the MLIT to justify its failure to permit the planned transfer of slots from Delta to FedEx and believe that the planned slot transfer in this instance, as in the cases in 1998 referred to above, is fully in accord with the IATA Guidelines, local rules that pertain to the transfer of slots and the 1998 Agreement. Based on the facts before us, we find that this situation requires the imposition of the schedule filing requirements of Part 213 for the all-cargo services of the named carriers of Japan. The Government. of Japan, by its refusal, over the objections of the U.S. Government, to allow the transfer of slots from Delta to FedEx, has taken action which effectively denies FedEx the ability to exercise the operating rights set forth in the 1998 agreement. We conclude that, under these circumstances, the public interest requires that the named carriers of Japan file their all-cargo schedules of service, so that we may determine whether the operation of such services, or any part thereof, may be contrary to applicable law or adversely affect the public interest.

By: Read Van de Water