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Continental Airlines, Inc. and Air Excel Netherlands B.V.

KLM exel applies for a statement of authorization pursuant to Part 212 of the Department's regulations permitting it to place the Continental CO* code on KLM exel flights. KLM exel codeshare service with Continental will expand airline competition on international routes and benefit passengers and shippers by allowing Continental to provide online service between points it serves in the U.S. and points KLM exel serves in Europe. Given the longstanding tradition of U.S.-Netherlands "open skies," KLM exel and Continental urge the Department to grant this application promptly so the Continental/KLM exel codesharing can begin as soon as possible.

Counsel:  KLM, Paul Mifsud, 202-861-5867 / Continental and Crowell Moring, Bruce Keiner, 202-624-2615

Continental Airlines, Inc. and Air Excel Netherlands B.V.

Enclosed for submission in the above-captioned docket are corrected copies of the signature page and service list for the March 22, 2002 application of Continental' and KLM exel for codeshare authority.

Counsel:  Continental and Crowell Moring, Thomas Newton Bolling, 202.624.2615

Continental Airlines, Inc. and Air Excel Netherlands B.V.

Counsel:  Continental and Crowell Moring, Lorraine Halloway, 202.624.2500

Continental Airlines, Inc. and Air Exel Netherlands B.V.

Continental and KLM exel polled the carriers on the service list for their original application for codeshare authority, and no carrier objected. KLM exel also requires the exemption requested in this amendment, however, because its current exemption authority is limited to codesharing with Northwest. KLM exel therefore requests an exemption authorizing the scheduled foreign air transportation of persons, property and mail (a) between points in the Netherlands and (b) between points in the Netherlands and points in third countries pursuant to its codeshare agreement with Continental.

Counsel:  KLM, Paul Mifsud, 202.861.5867, Continental and Crowell Moring, Bruce Keiner, 202.624.2615

Continental Airlines, Inc. and Air Exel Netherlands B.V.

Attached is a redacted version of a codeshare agreement submitted in connection with the Continental/KLM exel codeshare application.

Counsel:  KLM, Paul Mifsud, 202.861.5867, pmifsudklm@aol.com, Continental and Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@cromor.com 

Continental Airlines, Inc. and Air Exel Netherlands B.V.

Counsel:  Crowell Moring, Thomas Bolling, 202-628-5116

Continental Airlines, Inc. and Air Exel Netherlands B.V.

Exemption and statement of authorization under 14 CFR 212 to permit Air Excel to display the designator code of Continental Airlines on flights operated by Air Exel between points within the Netherlands, and between points in the Netherlands and points in third countries.

By:  Paul Gretch

Continental Airlines, Inc. and Air Exel Netherlands B.V.

Correspondence of Continental and Air Excel intend to cease codeshare service between Amsterdam and Antwerp effective June 28, 2002.

Counsel:  Continental and Crowell Moring, Bruce Keiner, 202.624.2615, rbkeiner@cromor.com

OST-02-11945 - US-Netherlands Codeshare

October 21, 2003

Re: Intend to Cease Codeshare Services for Amsterdam-Eindhoven

By Notice of Action Taken dated April 17, 2002, the Department granted the joint application of Continental and Air Exel for codeshare authority. This is to notify the Department, pursuant to condition (c) of that Notice of Action Taken, that Continental and Air Exel intend to cease codeshare service on the following route segment effective December 20, 2003: Amsterdam-Eindhoven. KLM and its affiliates are suspending their service at Eindhoven.

Counsel: Continental and Crowell Moring, Bruce Keiner, 202-624-2615

OST-02-11945 - US-Netherlands Codeshare

November 20, 2003

Re: Cease of Codeshare

By letter dated October 21, 2003, Continental' notified the Department, pursuant to condition (c) of the Notice of Action Taken in this docket, that Continental and Air Exel intended to cease codeshare service between Amsterdam and Eindhoven effective December 20, 2003 because KIM and its affiliates were terminating their Eindhoven service on that date. Since KLM and its affiliates have now announced plans to continue their Eindhoven service beyond December 20, Continental withdraws the previous notice regarding the termination of codeshare service at Eindhoven.

Counsel: Crowell Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com

OST-02-11945 - Statement of Authorization - US-Netherlands Codeshare

March 18, 2004

Joint Renewal Application

KLM exel was granted an exemption from 49 U.S.C. § 41301 to offer codeshare service with Continental on KLM exel flights between points within the Netherlands and between points in the Netherlands and points in other countries by Notice of Action Taken in this docket issued April 17, 2002. KLM exel requires renewal of its exemption to continue placing Continental's CO* code on KLM exel's flights. KLM exel therefore requests renewal of its exemption authorizing the scheduled foreign air transportation of persons, property and mail (a) between points in the Netherlands and (b) between points in the Netherlands and points in third countries pursuant to its codeshare agreement with Continental.

Renewal of KLM exel's exemption authority to provide U.S.– Netherlands codeshare services is fully consistent with the 1992 U.S.‑Netherlands "open skies" agreement, and KLM exel has previously been issued similar exemption authority by the Department for codesharing with both Continental and Northwest. Both KLM and KLM exel hold statements of authorization, issued for indefinite terms, allowing them to place the CO* code on their flights, and the carriers ask the Department to consider notices of codeshare services provided by KLM as notices for KLM, KLM Cityhopper and KLM exel to facilitate efficient allocation of service between mainline and commuter carriers and reduce the administrative burden on the carriers and the Department.

Counsel: KLM, Paul Mifsud, 202-861-5867 / Continental and Crowell & Moring, Bruce Keiner, 202-624-2615

OST-2002-11945 - Continental and Air Exel - Statement of Authorization - US-Netherlands Codeshare
OST-2005-20122 - Continental - Blanket Codeshare with Air France, COPA, and KLM

March 5, 2007

Withdrawal of Renewal Application and Will Not Seek Codesharing Renewal

Air Exel is no longer operating, and the services it provided previously are now being provided by KLM Cityhopper. Consequently, the parties withdraw the March 18, 2004, application for renewal of Air Exel's exemption authority permitting it to codeshare with Continental and urge the Department to dismiss it.

For the same reason, Continental has not sought renewal of its exemption authority for codesharing with Air Exel in Docket OST-2005-20122.

Counsel: KLM, Paul Mifsud, 202-861-5867, pmifsudklm@aol.com for KLM / Crowell & Moring, Bruce Keiner, 202-624-2500, rbkeiner@cromor.com

Termination of Dockets

Order 2008-2-36

Docket 43430 - Trans World Airlines - Certificate Authority
Docket 49564 - Trans World Airlines - New York-London Heathrow
Docket 49654 - American Airlines - Certificate Amendmet
Docket 49686 - Continental Airlines - Certificate Amendment
Docket 50218 - Delta Air Lines - Certificate Amendment
Docket DOT-OST-1996-1442 - Trans World Airlines - New York-London
Docket DOT-OST-1996-1668 - United Air Lines and Saudi Arabian Airlines - Renewal
Docket DOT-OST-1997-2089 - Laker Airways - UK-Florida Renewal
Docket DOT-OST-1997-2637 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1998-4333 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1998-4830 - Continental Airlines - Detroit-Cayman Islands
Docket DOT-OST-1998-4911 - American Airlines - US-Venezuela Codeshare with Aeropostal
Docket DOT-OST-1999-5078 - Air Exel - Codeshare with Northwest Airlines
Docket DOT-OST-1999-5527 - American Airlines - US-London Gatwick
Docket DOT-OST-2000-7089 - Trans World Airlines - US-Japan Renewal
Docket DOT-OST-2000-7606 - American Airlines - Codeshare with TACA Group Carriers
Docket DOT-OST-2000-7660 - Aeromexico and Delta Air Lines - Chicago-Morelia
Docket DOT-OST-2001-10617 - Aeromexico - Acapulco-New York
Docket DOT-OST-2002-11945 - Continental Airlines and Air Exel -US-Netherlands Codeshare
Docket DOT-OST-2002-13400 - Aeromexico - Mazatlan-San Diego Renewal
Docket DOT-OST-2003-15013 - Planet Airways - US-Bahamas
Docket DOT-OST-2003-15729 - America West Airlines - US-Costa Rica Renewal
Docket DOT-OST-2003-16741 - America West Airlines and Mesa Airlines - Los Angeles-Mazatlan
Docket DOT-OST-2003-16745 - America West Airlines and Mesa Airlines - Los Angeles-Mazatlan
Docket DOT-OST-2004-18002 - America West Airlines - Phoenix-Mexico Certificate
Docket DOT-OST-2004-18615 - America West Airlines - US-Jordan Certificate
Docket DOT-OST-2004-19453 - Aeromexico - Puerto Vallarta-San Diego
Docket DOT-OST-2005-21441 - Atlas Air and Polar Air Cargo - US-Ecuador All-Cargo

Issued February 28, 2008 | Served March 4, 2008

Order Terminating Proceedings

The Department has identified the following proceedings as moot, inactive, or pending Departmental action on the applicant’s request for withdrawal or dismissal. It is in the public interest for administrative management reasons to terminate the proceedings and close the corresponding dockets, and we will do so under authority assigned by the Department in its Regulations, 14 CFR §385.3 and §385.13.

By: Paul Gretch

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