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OST-2003-15191 - Northwest Airlines and KLM - Blanket Codesharing
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OST-2003-15191 - Exemption - US-Points Worldwide on a Third-Country Codeshare Basis May 14, 2003 Joint Application for Exemptions and Statements of Authorizations Northwest applies for an exemption authorizing it to provide scheduled foreign air transportation of persons, property and mail by placing the NW* code on flights operated by KLM between any point or points in the U.S. and any point or points in the Netherlands and its territories, directly and via intermediate points, between any points within the Netherlands and between any point or points in the Netherlands and any point or points in third countries and to combine the authority requested with authority held by Northwest in its certificate or exemption authority. KLM applies for an exemption authorizing it to provide scheduled foreign air transportation of persons, property and mail by placing the KL* code on flights operated by Northwest between any point or points in the Netherlands and any point or points in the United States and its territories, directly and via intermediate points, between any points within the United States and between any point or points in the United States and any point or points in third countries and to combine the authority requested with authority held by KLM in its permit or exemption authority. Northwest and KLM also apply for statements of authorization that will permit each of them to place the code of the other carrier on flights operated between points within the United States (for Northwest), between points within the Netherlands (for KLM), between points in the United States and points in the Netherlands and between points in the United States and the Netherlands and points in third countries. Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com / KLM, Paul Mifsud, 202-861-5867
May 16, 2003 Delta has no objection to Northwest's exemption request, provided the Department is prepared to grant similar blanket relief to Delta and its alliance partners. Pending favorable Department action on Northwest's request, Delta intends to file an application for blanket world-wide exemption authority, covering all of Delta's existing and future codeshare partners. Delta's application would be fully consistent with the new precedent established here, and Delta's request would be entitled to prompt approval for the same reasons. Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
May 19, 2003 Withdrawal of Delta Air Lines' Answer Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
May 20, 2003 Correspondence of Northwest Airlines confirming that they have polled all carriers included in the service list referenced in the Joint Application and none intend to file an objection. Northwest requests the department to approve the application. Counsel: Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com
June 27, 2003 Correspondence of Northwest | Word This letter is to clarify authority sought in the above-referenced Joint Application. (2) Statement of Authorization for Northwest2 pursuant to Part 212 to code share as follows: Display KLM's code on flights operated by Northwest (a) between points in the United States and points in the Netherlands, via intermediate points; (b) between points in the United States; and (c) between the United States and points in third countries. (3) Statement of Authorization for KLM3 pursuant to Part 212 to code share as follows: Display Northwest's code on flights operated by KLM between (a) the Netherlands and points in the United States, via intermediate points; (b) between points within the Netherlands; and (c) between points in the Netherlands and points in third countries. Counsel: Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com
Filed May 14, 2003 | Issued July 11, 2003 Exemption under 49 U.S.C. 40109 for Northwest Airlines, Inc., to provide the following service: Scheduled foreign air transportation of persons, property, and mail between: Display KLM's designator code on flights operated by Northwest affiliate, Mesaba d/b/a Northwest Airlink, on services between any points within the United States, in conjunction with foreign air transportation held out by KLM. Display Northwest's designator code on flights operated by KLM on all three routes above where Northwest requested exemption authority. By: Paul Gretch
September 3, 2003 Notice of Additional Codeshare Notice of Northwest Airlines, Inc. and KLM Royal Dutch Airlines, pursuant to condition (c) of the Department's notice of action taken dated July 11, 2003, notifying the Department that Northwest plans to display its "NW" designator code on flights operated by KLM in the following markets: Amsterdam-Riga, Latvia and Amsterdam-Kristiansand, Norway. Counsel: Paul Mifsud, 202-861-5867 for KLM / Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com for Northwest
November 12, 2003 Notice of Additional Codesharing Northwest Airlines, Inc. and KLM Royal Dutch Airlines hereby notify the Department that Northwest plans to display the "KL" designator code on flights operated by Northwest in the following markets: Detroit, Michigan - Salt Lake City Utah. Northwest plans to commence flights in the referenced markets in February 2004. Northwest intends to begin advance sales and marketing activities for Northwest codeshare service in these markets on or after 30 days from the date of this notice. Counsel: Paul Mifsud, 202-861-5867, for KLM / Megan Rae Rosia, 202-842-3193 for Northwest
February 13, 2004 Notice of Additional Codesharing Hereby notify the Department that KLM plans to display the "NW" designator code on flights operated by KLM between Amsterdam and Forli, Italy, beginning on or about May 4, 2004, due to the planned closure of the Bologna airport. Northwest and KLM expect to restore Amsterdam-Bologna service when that airport reopens. Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Megan Rae Rosia, 202-842-3193
March 9, 2004 Notice of Additional Codesharing Hereby notify the Department that Northwest plans to display its "NW" designator code on flights operated by KLM in the following market: Amsterdam-Tbilisi, Georgia. KLM is scheduled to commence thrice weekly Amsterdam-Tbilisi flights effective June 15, 2004 and Northwest intends to codeshare on these flights as soon as necessary government approvals have been secured. Northwest has today filed an application with the Department seeking an exemption to operate scheduled foreign air transportation in the U.S.-Tbilisi market via codesharing on KLM flights between Amsterdam and Tbilisi (OST-04-17287). Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com
April 5, 2004 Notice of Additional Codesharing The carriers intend to display KLM’s airline designator code (“KL*”), for purposes of connecting foreign air transportation, on new flights operated by Northwest or Northwest Airlink in the following markets:
Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Megan Rae Rosia, 202-842-3193
May 6, 2004 Joint Application for Amendment of Exemption and Statements of Authorization Hereby ask the Department to amend certain conditions applicable to the exemption granted Northwest and statements of authorization granted Northwest/Mesaba and KLM by Notice of Action Taken dated July 11, 2003 in this docket to align the codeshare authority and procedures applicable to Northwest and KLM with the codeshare authority and notice procedures adopted by the Department in approving codesharing by American Airlines, Inc. and British Airways PLC, set forth in Order 2003-5-33, May 30, 2003 (Docket OST- 2002-13861). Currently, Northwest and KLM must not only provide a 30‑day notice before implementing new codeshare service in any market but also seek explicit authority for Northwest if it does not have an existing underlying exemption or certificate covering the market at issue and the country involved does not have a signed open skies agreement in effect with the U.S. By contrast, in authorizing codesharing on a "blanket" basis by American and British Airways, the Department required only a 30‑day notice before implementation of any new codeshare service, allowing the carriers to implement after 30 days without further Department action unless an objection has been filed demonstrating that the market may involve limited opportunities for U.S. carriers and thus a carrier selection proceeding may be required. Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Megan Rae Rosia, 202-842-3193
September 27, 2004 Notice of Additional Codesharing Hereby notify the Department that KLM plans to display the “NW” designator code on flights operated by KLM between Amsterdam and Tripoli, Libya no sooner than 30 days from the date of this notice, Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Megan Rae Rosia, 202-842-3193
December 3, 2004 Notice of Additional Codesharing The carriers intend to display KLM's airline designator code ("KL*"), for purposes of connecting foreign air transportation, on new flights being operated by Mesaba Aviation, Inc., d/b/a Northwest Airlink, between Detroit, Michigan and Latrobe, Pennsylvania, effective on or after April 4, 2005. Counsel: Paul Mifsud, 202-861-5867 for KLM / Megan Rae Rosia, 202-842-3193, megan.rosia@nwa.com for Northwest
December 21, 2004 Notice of Additional Codesharing Pursuant to condition (c) of the Department’s Notice of Action Taken dated July 11, 2003 in this docket, Northwest Airlines, Inc. and KLM Royal Dutch Airlines hereby give notice of additional codesharing services. The carriers intend to display KLM’s airline designator code (“KL*”), for purposes of connecting foreign air transportation, on new flights being operated by Mesaba Aviation, Inc., d/b/a Northwest Airlink, between Detroit, Michigan and Charlottesville, Virginia, and between Detroit, Michigan and Wilkes- Barre/Scranton, Pennsylvania, effective on or after April 4, 2005. Counsel: Paul Mifsud, 202-861-5867 for KLM / Ronald Brower, 202-842-3193, ronald.brower@nwa.com for Northwest
Filed May 6, 2004 | Issued January 11, 2005 The Joint Applicants request that the Department amend conditions applicable to Northwest’s already authorized exemption authority granted by Notice of Action Taken dated July 11, 2003, (in this docket) so as to align the code-share authority and notice procedures applicable to Northwest and KLM with the code-share authority and notice procedures adopted by the Department in approving the code-share by American and British Airways, as set forth in Order 2003-5-33 (Docket OST-2002-13861). Specifically, the Joint Applicants request that condition (2) of Northwest’s exemption authority be deleted so as not to limit the authority to only countries with which the United States has signed open-skies agreements and/or countries with which the carrier holds authority to serve under certificates or exemptions issued by the Department, and for which it holds route integration authority. The Joint Applicants further request that footnote 5 to the July 11, 2002 Notice of Action Taken relating to statements of authorization granted to Northwest/Mesaba and KLM be amended to read in its entirety as follows: “The notice referenced in condition (1) above may be used for this notification.” With this change, Northwest would not need to request additional exemption authority from the Department to serve new countries under its code-share arrangement with KLM, but would still be required to file 30-day advance notice with the Department before commencing such services. We have amended Northwest’s exemption granted by the Notice of Action Taken of July 11, 2003, in this docket by deleting condition (2) of the Notice and have modified footnote 5 of the Notice as requested by the Joint Applicants in their present submission. With our action here, the requirements applicable to Northwest and KLM with respect to services to new countries under their code-share arrangement are aligned with those applicable to American and British Airways under Order 2003-5-33. By: Paul Gretch
January 11, 2005 Notice of Additional Codesharing The carriers intend to display Northwest's airline designator code for purposes of connecting foreign air transportation, on flights operated by KLM between Amsterdam and Tallinn, Estonia, on or after thirty days from today. Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Ronald Brower, 202-842-3193, ronald.brower@nwa.com
March 18, 2005 Notice of Additional Codesharing Northwest Airlines, Inc. and KLM Royal Dutch Airlines hereby give notice of additional codesharing services, pursuant to condition (c) of the codeshare statement of authorization granted by the Department in this docket. The carriers intend to display Northwest’s airline designator code, for purposes of connecting foreign air transportation, on flights operated by KLM between Amsterdam, on the one hand, and Addis Ababa, Ethiopia and Khartoum, Sudan, on the other, on or after thirty days from today. Counsel: KLM, Paul Mifsud, 202-861-5867 for KLM / Northwest, Ronald Brower, 202-842-3193, ronald.brower@nwa.com
May 27, 2005 Application Northwest Airlines for Renewal of Exemption Hereby requests renewal of its exemption from 49 U.S.C. § 41101 to enable Northwest to provide scheduled foreign air transportation of persons, property, and mail between: (1) any point or points in the United States and any point or points in the Netherlands and its territories, directly and via intermediate points; (2) any points within the Netherlands; and (3) any point or points in the Netherlands and any point or points in third countries. Northwest will continue to operate these services under its codeshare agreement with KLM Royal Dutch Airlines. Northwest also requests that the Department authorize Northwest to integrate this exemption with the carrier's other certificate and exemption authorities. Northwest further requests that the Department grant a waiver of the advance filing requirement set forth in 14 C.F.R. § 377.10(c) in order to allow Northwest to rely upon the Administrative Procedures Act, 5 U.S.C. § 558(c), as implemented by Part 377 of the Department's Special Regulations, to continue in effect its current exemption authority pending final Department action on this renewal application. Counsel: Northwest, Ronald Brower, 202-842-3193, ron.brower@nwa.com
Filed May 27, 2005 | Issued July 7, 2005 Foreign air transportation of persons, property, and mail between: (1) any point or points in the United States and any point or points in the Netherlands, and its territories, directly and via intermediate points; (2) any points within the Netherlands; and (3) any point or points in the Netherlands and any point or points in third countries. Northwest also requests that the Department authorize Northwest to integrate this exemption with its other certificate and exemption authorities. Northwest states that it will continue to operate these services under its code-share agreement with KLM Royal Dutch Airlines. We granted the relevant statements of authorization for these code-share operations on an indefinite basis in 2003. By: Paul Gretch
July 19, 2005 Notice of Additional Codesharing The carriers intend to display Northwest's airline designator code for purposes of connecting foreign air transportation, on flights operated by KLM between Amsterdam, on the one hand, and Entebbe, Uganda, on the other, on or after thirty days from today. Counsel: KLM, Paul Mifsud, 202-861-5867 / Northwest, Ronald Brower, 202-842-3193
August 9, 2005 Notice of Additional Codesharing Northwest Airlines, Inc. and KLM Royal Dutch Airlines hereby give notice of additional codesharing services, pursuant to the terms of the codeshare statement of authorization granted by the Department in this docket. The carriers intend to display Northwest's airline designator code "NW", for purposes of connecting foreign air transportation, on flights operated by KLM between Amsterdam, on the one hand, and Hyderabad, India, on the other, on or after thirty days from today. Counsel: KLM, Paul Mifsud, 202-861-5867
September 27, 2005 Notice of Additional Codesharing Northwest Airlines, Inc. and KLM Royal Dutch Airlines hereby give notice of additional codesharing services, pursuant to the terms of the codeshare statement of authorization granted by the Department in this docket. The carriers intend to display Northwest’s airline designator code (“NW*”), for purposes of connecting foreign air transportation, on flights operated by KLM between Amsterdam, on the one hand, and Bordeaux, France, on the other, on or after thirty days from today. Counsel: KLM, Paul Mifsud, 202-861-5867;
January 17, 2006 Application to Amend Exemption Authority Northwest applies to amend its exemption authority in this docket to the extent necessary to give Northwest blanket exemption and integration authority to provide scheduled foreign air transportation of persons, property, and mail between points in the United States and points worldwide on a third country codeshare basis pursuant to blanket statements of authorization involving the following foreign codeshare partners: KLM, KLM Cityhopper, Société Air France, Alitalia-Linee Aeree Italiane-S.p.A., and CSA Czech Airlines. Northwest requests that this exemption be granted for a period of at least two years. Northwest has requested expedited treatment and will poll the parties. Counsel: Northwest, Megan Rosia, 202-842-3191, megan.rosia@nwa.com
January 24, 2006 This letter is to confirm that Northwest Airlines, Inc. has polled all carriers included on the service list to the above referenced application and none intend to file an objection. Under the circumstances, Northwest respectfully asks the Department to approve as expeditiously as possible the aforementioned application. Counsel: Northwest, Megan Rosia, 202-842-3193
Filed January 17, 2006 | Issued February 6, 2006 Amended exemption for two years under 49 U.S.C. 40109 to the extent necessary to permit Northwest to display its designator code on flights operated by its foreign code-share partners on the following services: Scheduled foreign air transportation of persons, property, and mail between points in the United States and points worldwide on a third-country code-share basis pursuant to blanket code-sharing statements of authorization approved by the Department, and to integrate this authority with its existing certificate and exemption authority. KLM, KLM Cityhopper, Société Air France, Alitalia-Linee Aeree Italiane-S.p.A., and CSA Czech Airlines. Although Northwest currently holds exemption authority to code share with KLM and KLM Cityhopper, Northwest asks the Department to specifically name the carriers in this award of exemption authority to simplify foreign government applications. The exemption authority granted here is for operations with the foreign code-share partners named above. Should Northwest and any new code-share partner be granted statements of authorization, Northwest will need to apply for exemption authority to the extent necessary to permit Northwest to display its code on flights operated by the new code-share partners. By: Paul Gretch
December 5, 2007 Application for Renewal and Amended Exemption Authority Northwest Airlines, Inc. hereby requests a renewal of its blanket exemption authorizing Northwest to offer scheduled foreign air transportation of persons, property and mail between points in the United States and points worldwide on a third country codeshare basis pursuant to blanket code-sharing statements of authorization approved by the Department. Northwest codeshare partners currently authorized under the instant exemption include KLM, KLM Cityhopper, Societe Air France, Alitalia-Linee Aeree Italiane-S.p.A., and CSA Czech Airlines. For ease of administrative efficiency, Northwest requests that Korean Air Lines be added to this blanket codeshare exemption. Northwest/KAL blanket codeshare exemption authority is separately authorized in Docket OST-2004-19670 (NOAT Dated January 24, 2005). In anticipation of currently pending and anticipated blanket codeshare authorizations with Air France's regional carrier affiliates, Northwest requests that Air France's regional affiliates be added to Northwest's blanket codeshare exemption. These carriers are: (i) Regional Compagnie Aerienne Europeenne (application pending, Docket OST-2004-19214); (ii) Brit Air; and (iii) CityJet Limited. Northwest will not exercise the privileges of its blanket exemption with these carriers unless and until the corresponding blanket codeshare authorization is issued. Granting the requested authority at this time will alleviate duplicative and unnecessary filings. Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
January 22, 2008 Notice of Additional Codesharing Following the entry into effect of the U.S.-EU agreement in Spring, 2008, Northwest intends to display the KL* designator code on the following transatlantic segments operated by Northwest between points in the United States and third country points in the EU:
Northwest will display the KL* code on the following U.S.-Netherlands services operated by Northwest:
KLM will display the NW* code on the following U.S.-Netherlands services operated by KLM:
KLM will display the NW* code on the following Canada- Netherlands fifth freedom segments operated by KLM, pursuant to the U.S.-Canada and U.S.-EU open skies agreements:
Counsel: Northwest, Alexander Van der Bellen, 202-842-41874, sascha.vanderbellen@nwa.com
January 28, 2008 Notice of Additional Codesharing Northwest Airlines, Inc. and KLM Royal Dutch Airlines hereby provide notice of additional codeshare service. Following the entry into effect of the U.S.-EU agreement in Spring, 2008, Northwest and KLM intend to display the NW* designator code on the following services operated by KLM:
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
June 13, 2008 Joint Application for a Statement of Authorization - Bookmarked Hereby apply for a blanket statement of authorization permitting Compass to display the KL* designator code of KLM on flights operated by Compass on behalf of Northwest within the United States and beyond the United States to third countries. Northwest, Compass, and KLM seek to begin offering these codeshare services as soon as possible. Compass is a certificated U.S. air carrier that operates flights for marketing and sale by Northwest Airlines. Compass operates scheduled services using 76 seat regional jet aircraft throughout the United States and to and from foreign countries, including Canada and Mexico. Counsel: KLM, Paul Mifsud / Northwest, Alexander Van der Bellen, 202-842-4184 |
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