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OST-2004-16945 - American and Mexicana - US-Mexico Codesharing
http://www.mexicana.com/
http://www.aa.com/
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Compania Mexicana de Aviacion, S.A. de C.V. and American Airlines, Inc. OST-2004-16945 - Statements of Authorization and Related Exemption Authority - US-Mexico Codesharing January 21, 2004 American and its affiliates request a statement of authorization, and Mexicana and its affiliate request any necessary underlying exemption authority (including the right to integrate such authority with their existing foreign air carrier permits and exemptions), in order for American and its affiliates to display the "MX*fl designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by American (or its affiliates) (1) between points in the United States, (2) between points in the United States and points in Mexico, and (3) between points in the United States and points in third countries (either nonstop or via intermediate points in third countries). Mexicana and its affiliate request a statement of authorization, and American and its affiliates request any necessary underlying exemption authority (including the right to integrate such authority with their existing certificates and exemptions), in order for Mexicana and its affiliates to display the "AP" designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by Mexicana (or its affiliates) (1) between points in Mexico, (2) between points Mexico and points in the United States, and (3) between points in Mexico and points in third countries (either nonstop or via intermediate points). Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
January 30, 2004 Re: ATA Intends to Answer Application On January 21, 2004, American and Mexicana filed a joint application for authority to commence codeshare operations between the US and Mexico and to points beyond, including points in third countries. ATA Airlines is reviewing the application and expects to submit an answer to it on February 5, 2004, the date on which answers to the exemption applications are due, since the requests for statements of authorization and the exemption applications raise the same issues. Counsel, ATA, Brian Hunt, 317-240-7006
February 5, 2004 Answer of ATA Airlines to Joint Application ATA's sole concern is with the Chicago-Mexico City market, one of the more economically significant U.S.-Mexico markets and also a market into which ATA has been seeking entry for the past several years. The Chicago-Mexico City market represents the classic hub-to-hub nonstop overlap market in which neither the Department nor the Department of Justice would sanction codesharing even if it were a deregulated domestic market. But in fact the Chicago-Mexico City market is a closed entry market limited to just two U.S. and two Mexican carriers. Two of those four carriers happen to be American and Mexicana, carriers with the two largest market shares and carriers which on an aligned basis would enjoy a nonstop and one-stop seat shear of nearly a 56 percent. ATA therefore proposes that the United States consult with the Government of Mexico to seek a third designation in the Chicago-Mexico City market before acting on the American-Mexicana request. If such consultations are unsuccessful, ATA proposes that the Department exclude approval of the proposed codeshare in the Chicago-Mexico City market until such time as the Government of Mexico authorizes additional U.S. carrier entry. Without an agreement or conditions to assure that ATA or another U.S. carrier has competitive access to the Chicago-Mexico City market, allowing the two largest carriers to further solidify their positions by engaging in overlapping codesharing in a closed entry hub-to-hub market would not be in the public interest. Counsel: ATA, Brian Hunt, 317-24-7006, brian.hunt@iflyata.com
February 12, 2004 Joint Reply of Mexicana and American Airlines ATA's objection is not only based on erroneous conclusions and a mischaracterization of the U.S.‑Mexico bilateral aviation relationship, it is not an objection that can, or should, be resolved in this proceeding. ATA asks that the Department withhold agreed bilateral rights to coerce the Government of Mexico into granting ATA what amounts essentially to an exclusive right to a third designation in a single transborder market. ATA's objection plainly involves much broader policy considerations (both in the United States and in Mexico) than ATA's parochial interest in the Chicago‑Mexico City market and cannot be resolved in a proceeding as narrow as this one. ATA's objection should be denied and the joint application of Mexicana and American approved without delay or restriction. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
February 23, 2004 Submits this Surreply to the Joint Reply of American Airlines and Mexicana in order to correct the record on two important issues that were ignored or misstated by the Joint Applicants in responding to ATA's partial opposition to their application for codeshare authority in the US-Mexico markets., As discussed in more detail below, the Joint Applicants have disregarded the principal issue in this case--the unacceptable level of dominance in the critical Chicago-Mexico City market they would have if their application were approved, and the total lack of new entry as a competitive check on their prospective behavior. They have also mischaracterized the remedies proposed by ATA in an effort to brand them as inappropriate for this sweeping codeshare proceeding which they nonetheless describe as "narrow". ATA believes that, prior to taking final action on the Joint Applicants' codeshare application, the Department should promptly initiate limited consultations with the Government of Mexico designed to open the Chicago-Mexico City market to further nonstop competition. Counsel: ATA, Brian Hunt, 317-240-7006
February 27, 2004 Motion for Leave to File and Joint Response of Mexicana and American Airlines The repeated claims by ATA‑based on its Exhibit IA‑that American and Mexicana would dominate the Chicago‑Mexico City market is without basis. That exhibit contains a number of substantial errors, including gross misstatements of American's and United's service, and outright omission of service operated by US Airways and Air Canada. The fact is that in the nonstop market, the American/Mexicana arrangement precisely replicates the United/Mexicana arrangement that the Department unconditionally approved in 1997--both American and United operate one daily nonstop, and Mexicana operates three daily nonstops. Competitive daily nonstop service is operated by Aeromexico. There is also ample one-stop competition in the Chicago-Mexico City market. In addition to one-stop services offered by American via Dallas/Ft. Worth and Miami and by Mexicana via Guadalajara and Monterrey, Continental provides one-stop service via Houston and Newark; Delta, via Atlanta; Northwest, via Detroit; United, via Washington (Dulles), San Francisco and Los Angeles; US Airways, via Charlotte; and, as ATA notes, Air Canada, via Toronto; Aviacsa, via Monterrey; and TACA, via Guatemala City. ATA could also easily operate convenient one-stop service between Chicago and Mexico City via Indianapolis. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
March 9, 2004 Re: Joint Application for a Statement of Authorization and Related Exemption Authority American Airlines, Inc. (and its affiliates TWA Airlines LLC, American Eagle Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle) and CompanIa Mexicana de Aviación, S.A. de C.V. (and its affiliate Aerocaribe) hereby request that the Department of Transportation defer action on that portion of their application currently pending in Docket OST-2004-16945 requesting a statement of authorization and related exemption authority to engage in codeshare services between Dallas/Ft. Worth and Aguascalientes until such time as the Mexican Government authorizes, or provides evidence of its intention to authorize, Mexicana for codeshare service on this route. Flights on this route will be operated by American Eagle and will display the MX* code. The Joint Applicants respectfully request that the Department immediately approve the remainder of their joint application. Counsel: Squire Sanders, Charles Donley, 202-626-6840 / American, Carl Nelson, 202-496-5647
March 15, 2004 Re: Aguascalientes-Dallas/Ft. Worth Designation American Airlines, Inc. and Compania Mexicana de Aviación, S.A. de C.V. (and its affiliate Aerocaribe) hereby submit evidence of Mexicana's authorization to engage in codeshare operations between Aguascalientes and Dallas/Ft. Worth. The Joint Applicants withdraw their request for deferral of action on this portion of their codeshare application and request that the entire application be approved without delay. Counsel: Squire Sanders, Charles Donley, 202-626-6840 for Mexicana / American, Carl Nelson, 202-496-5647
March 16, 2004 Joint Submission of Amendment to Codeshare Agreement Section 4.4 is hereby amended and restated in its entirety to read as follows: This Section 4.4 shall govern the published fates of the Marketing Carrier offered on the Codeshared Flights as follows:
Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com for American
April 1, 2004 Joint Supplement and Joint Motion for Confidential Treatment American and Mexicana are submitting sensitive data which should be accorded limited access. Such access should be granted only to counsel and outside experts who file Rule 12 affidavits stating that the affiant will (1) use the information only for the purpose of participating in this proceeding, and (2) not disclose such information to anyone other than counsel or outside experts who have filed a valid affidavit. American and Mexicana are separately filing, concur-rently with this motion, five copies of the above-referenced pages, in sealed envelopes labeled "Confidential Treatment Requested Under 14 CFP 302.12 Access Is Limited To Counsel Or Outside Experts Who Have Filed Valid Affidavits. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
Served April 8, 2004 Notice Providing Access to Documents | Word In order to afford interested parties prompt access to the documents under conditions agreed to by the applicants and imposed by the Department in similar circumstances, we will grant immediate interim access to all documents covered by the Rule 12 Motions to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance. Moreover, consistent with earlier determinations, at the Dockets facility, Parties will be permitted to make copies of the documents for use by persons who have filed confidentiality affidavits. We also find it appropriate to grant interim access to any subsequent materials that may be filed in this case under a Rule 12 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance, unless the party filing the motion objects. By: Karan Bhatia
April 8, 2004 Affidavits for Counsel for United Air Lines (Jeffrey Manley and Kenneth Hines) Counsel: Wilmer Cutler
April 12, 2004 Affidavits for Counsel for United Air Lines (Caryn Garvin, Annalei Avancena) Counsel: Wilmer Cutler
Filed January 27, 2004 | Amended March 16, 2004 | Supplemented April 1, 2004 | Issued April 29, 2004 Code-Share Authorization for American:
Code-Share Authorization for Mexicana:
ATA would have us withhold the award of valuable operating authority currently available under the U.S.‑Mexico bilateral agreement and that could immediately provide benefits to the traveling public, benefits all the more important in light of the recent ending of the United/Mexicana U.S.‑Mexico codeshare arrangement. Furthermore, ATA would have us continue to withhold this authority until the completion of efforts to secure additional rights that ATA seeks to use at Chicago. We shall not adopt ATA's suggested approach. It is not our policy to allow valuable operating rights to go unused, particularly when another carrier is interested in using those rights and is in a position to do so and has firm plans to do so, as is the case with the joint applicants here. We would certainly favor the enhanced competition that would result from additional U.S. carrier authority beyond the current limits in the U.S.-Mexico bilateral agreement, and indeed have worked to achieve this end. However, we have as yet been unsuccessful in our attempts to obtain approval for additional designations in the U.S.-Mexico markets. By: Karan Bhatia
Filed January 27, 2004 | Amended March 16, 2004 | Supplemented April 1, 2004 | Issued April 29, 2004 This Notice of Action Taken has been corrected to reflect two foreign points that were inadvertently omitted from the attachment, at page 5 (Santiago, Chile, and Kingston, Jamaica). By: Karan Bhatia
June 1, 2004 Re: 30-Day Notice of American Airlines of Additional Codesharing Effective no sooner than 30 days from the date of this notice, the MX*' code will be displayed on flights operated by American, TWA Airlines LLC, American Eagle Airlines, Inc., or Executive Airlines, Inc. d/b/a American Eagle between MX/MX* authorized U.S. gateways and San Juan, Puerto Rico. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
June 10, 2004 Joint Application for Additional Codesharing Authorizations American requests a statement of authorization, and Mexicana requests the necessary underlying exemption authority (including the right to integrate such authority with existing foreign air carrier permits and exemptions), in order for American to display the "MX* designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by American Eagle (1) between Dallas/Ft. Worth and Torreon, Mexico, effective August 1, 2004, and (2) between Dallas/Ft. Worth and Chihuahua, Mexico, effective October 1, 2004. American Eagle holds Dallas/Ft. Worth-Torron exemp-tion authority granted by Notice of Action Taken, OST-2004-17469, April 30, 2004. American Eagle is seeking Dallas/Ft. Worth-Chihuahua exemption authority in OST-2004-18042, filed June 8, 2004. Mexicana holds Dallas/Ft. Worth-Chihuahua exemption authority granted by Notice of Action Taken, OST-1995-452. Mexicana requests a statement of authorization, and American requests the necessary underlying exemption authority (including the right to integrate such authority with existing certificates and exemptions), in order for Mexicana to display the "AA*" designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by Mexicana between Chicago and San Luis Potosi, Mexico, effective August 1, 2004. Mexicana holds Chicago-San Luis Potosi exemption authority granted by Notice of Action Taken, OST-1997-3238, June 17, 1999, timely renewal application pending. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
June 16, 2004 30-Day Notice of Additional Codesharing Services Effective no sooner than 30 days from the date of this notice, the "MX*" code will be displayed on flights operated by American, TWA Airlines LLC, American Eagle Airlines, Inc., or Executive Airlines, Inc. d/b/a American Eagle between MX/MX* authorized U.S. gateways, on the one hand, and Monterrey, Palm Springs, San Luis Obispo, and Santa Barbara, California. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
June 28, 2004 Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
July 23, 2004 30-Day Notice of American Airlines of Additional Codesharing Services Effective no sooner than 30 days from the date of this notice, the "MX*" code will be displayed on flights operated by American or American Eagle Airlines, Inc. between MX/MX* authorized U.S. gateways and Rochester, New York. Counsel: American, Carl, Nelson, 202-496-5647, carl.nelson@aa.com
Filed June 10, 2004 | Issued July 26, 2004 Notice of Action Taken - Corrected Copy | Word Corrects Notice of Action Taken dated July 26, 2004, to reflect the statements of authorization granted were effective July 26, 2004. By: Paul Gretch
July 26, 2004 Re: Mexicana Confirmation Not Requesting Route Integration This is to confirm that Compania Mexicana de Aviacion, S.A. de C.V. is not requesting route integration in the June 10, 2004, joint application filed in the above‑captioned docket. Mexicana requests that the Department of Transportation promptly approve the pending application. Counsel: Squire Sanders, Charles Donley, 202-636-6600
September 27, 2004 30-Day Notice of American Airlines of Additional Codesharing Services American Airlines, Inc., under condition (b) of Notice of Action issued in this docket on April 29, 2004, hereby gives notice of additional codesharing services to be operated with Compania Mexicana de Aviacion, S.A. de C.V. Effective no sooner than 30 days from the date of this notice, the "MX*" code will be displayed on flights operated by American, American Eagle Airlines, Inc., or Executive Airlines, Inc. d/b/a American Eagle between MX/MX* authorized U.S. gateways, on the one hand, and the following additional U.S. cities:
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
November 23, 2004 Application for Amended Codesharing Authorization American Airlines, Inc. and it affiliate American Eagle Airlines, Inc. hereby apply under 14 CFR Part 212 for an amended statement of authorization to engage in additional transborder codesharing services with Compania Mexicana de Aviacion, S.A. Under the requested amendment, the MX* code will be displayed on flights operated by American Eagle between Dallas/Ft. Worth and San Luis Potosi), beginning January 5, 2005. American requests that the amended authorization be granted for an indefinite period, consistent with the initial statements of authorization issued in this docket by Notice of Action Taken, April 29, 2004. American Eagle holds Dallas/Ft. Worth-San Luis Potosi exemption authority granted by Notice of Action Taken, OST-2004-19024, September 22, 2004. Mexicana will separately request underlying exemption authority on the Dallas/Ft. Worth-San Louis Potosi route. The authority sought is fully consistent with the Air Transport Agreement between the United States and Mexico, as amended, and with the public interest. See Notice of Action Taken in this docket, April 29, 2004. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
November 23, 2004 Application for Amended Exemption Mexicana requests an amended exemption permitting it to engage in scheduled combination foreign air transportation between San Luis Potosi, Mexico, and Dallas/Ft. Worth, Texas, pursuant to a codeshare arrangement with American. Mexicana will place its two‑letter "MX*" designator code on flights operated by American Eagle between San Luis Potosi and Dallas/Ft. Worth beginning January 5, 2005. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
December 16, 2004 Notice of Mexicana of Cessation of Certain Codeshare Services Mexicana hereby notifies the Department that Mexicana will cease codeshare service with American Airlines, Inc. and its affiliates on the following transborder routes as of the dates indicated:
Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
Filed November 23, 2004 | Issued December 23, 2004 Engage in additional transborder codesharing services with Compania Mexicana de Aviacion, S.A. Under the amendment, the Mexicana "MX" designator code will be displayed on flights operated by American or American Eagle between Dallas/Ft. Worth, Texas and San Luis Potosi, Mexico, beginning January 5, 2005. American requests that the amended authorization be granted for an indefinite period. Scheduled foreign air transportation of persons, property, and mail between San Luis Potosi, Mexico, and Dallas/Ft. Worth, Texas. Mexicana proposes to operate this service only by a code-share arrangement with American Airlines and its affiliate American Eagle. Mexicana intends to place its designator code on flights operated by American Eagle beginning January 5, 2005. Mexicana requests that this exemption be granted for at least a one-year period. By: Paul Gretch
January 4, 2005 Notice of American Airlines of Cessation of Certain Codesharing Services Hereby gives notice of cessation of codesharing services to Palm Springs, California, effective April 3, 2005. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
January 7, 2005 Re: Notice of Cessation of Certain Codeshare Services American Airlines, Inc. hereby amends the notice it submitted in this docket on January 4, 2005, to state that codesharing services between Los Angeles and Palm Springs will cease effective April 3, 2005. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
January 13, 2005 Notice of Cessation of Certain Codeshare Services In accordance with Condition (c) of the Department of Transportation's Notice of Action Taken issued in this docket on April 29, 2004, Compania Mexicana de Aviación, S.A. de C.V. hereby notifies the Department of the cessation of codeshare service on the Mexico City-Hermosillo and Mexico City-Manzanillo routes. Counsel: Squire Sanders, Charles Donley II, 202-626-6840, cdonley@ssd.com
January 26, 2005 Joint Application for Additional Codesharing Authorizations Specifically, Mexicana requests a statement of authorization, and American requests the necessary underlying exemption authority (including the right to integrate such authority with existing certificates and exemptions), in order for Mexicana to display the "AA" designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by Mexicana on three additional U.S.-Mexico transborder routes:
Mexicana holds authority to serve each of these routes by Notice of Action Taken, OST-2004-19820, December 22, 2004. Counsel: Squire Sanders, Charles Donley II, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelsom@aa.com for American
Filed January 26, 2005 | Issued February 25, 2005 Scheduled foreign air transportation of persons, property, and mail between 1) Las Vegas, Nevada, and San Jose del Cabo, Mexico; 2) Sacramento, California, and San Jose del Cabo, Mexico; and 3) Sacramento, California, and Morelia, Mexico, and to integrate this authority with its existing certificate and exemption authority. American intends to operate this service pursuant to a code-share arrangement with Mexicana, whereby the “AA” designator code will be placed on flights operated by Mexicana in these markets. The applicants request that the exemption authority be granted for a period co-extensive with the exemptions granted previously in the instant docket (through April 29, 2006). By: Paul Gretch
April 14, 2005 Application for Renewal of Exemptions and Special Authorizations Mexicana currently offers scheduled combination services on the routes Boston-Cancun, Dallas/Ft. Worth-Aguascalientes, Dallas/Ft. Worth-Leon, St. Louis-Cancun, Dallas/Ft. Worth-Torreon and Dallas/Ft. Worth-San Luis Potosi under its codeshare arrangement with American and its affiliates. Mexicana also holds an exemption permitting it to offer service from Mexico beyond its U.S. gateways to additional points within the United States as well as a special authorization under Part 216 allowing Mexicana to offer blind sector service between Mexicana's U.S. gateways and third country points pursuant to the Mexicana-American codeshare agreement. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com
April 18, 2005 Joint Application for Additional Codesharing Authorizations Specifically, Mexicana requests a statement of authorization, and American requests the necessary underlying exemption authority (including the right to integrate such authority with existing certificates and exemptions), in order for Mexicana to display the "AA" designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by Mexicana on two additional U.S.Mexico transborder routes, effective July 1, 2005: Dallas/Ft. Worth-Morelia Dallas/Ft. Worth-Zacatecas. Mexicana holds authority to serve each of these routes by Notice of Action Taken, OST-2004-18645, July 30, 2004. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
May 26, 2005 30-Day Notice of American Airlines of Additional Codesharing Effective no sooner than 30 days from the date of this notice, the MX code will be displayed on flights operated by American or American Eagle Airlines, Inc. between MX/MX* authorized U.S. gateways and the following cities: Birmingham / Little Rock / Oklahoma City / Tulsa Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
Filed April 18, 2005 | Issued May 31, 2005 Exemption for American under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between 1) the terminal point Dallas/Ft. Worth, Texas, and the terminal point Morelia, Mexico; and 2) the terminal point Dallas/Ft. Worth, Texas, and the terminal point Zacatecas, Mexico, and to integrate this authority with its existing certificate and exemption authority. American intends to operate this service pursuant to a code‑share arrangement with Mexicana, whereby the "AA" designator code will be placed on flights operated by Mexicana in these markets. The applicants request that the exemption authority be granted for a period co‑extensive with the exemptions granted previously in the instant docket (through April 29, 2006). Amended statement of authorization for Mexicana under CFR Part 212 to: Permit American's "AA" designator code to be placed on the flights of Mexicana on the abovementioned routes. Mexicana already holds the underlying authority to serve each of these routes. (See Notice of Action Taken dated July 30, 2004, in Docket OST-2004-18645) By: Paul Gretch
June 30, 2005 Joint Application for Additional Codesharing Authorization Mexicana intends to begin scheduled daily nonstop service between Mexico City and Baltimore/Washington on December 1, 2005, utilizing A319 or A320 aircraft, The joint applicants plan to display American's designator code on these flights beginning December 1. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
July 28, 2005 Application for Statement of Authorization Mexicana and American plan to begin new codeshare service between Guadalajara and Dallas/Ft. Worth on August 15, 2005. Mexicana requests a statement of authorization permitting Mexicana to display the "AA*" designator code in conjunction with the foreign air transportation of persons, property and mail on flights operated by Mexicana between Guadalajara and Dallas/Ft. Worth. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com
Filed June 30, 2005 | Issued August 2, 2005 Scheduled foreign air transportation of persons, property, and mail between Washington, D.C./Baltimore, Maryland, and Mexico City, Mexico, and to integrate this authority with its existing certificate and exemption authority. American intends to operate this service pursuant to a code-share arrangement with Mexicana, whereby the “AA” designator code will be placed on flights operated by Mexicana in this market. The joint applicants request that the exemption authority be granted for a period co-extensive with the exemptions granted previously to American in the instant docket (through April 29, 2006). Display American’s “AA” designator code on flights operated by Mexicana between Washington, D.C./Baltimore-Mexico City.
Application for Additional Codesharing Authorization Mexicana requests a statement of authorization permitting Mexicana to display the "AA*" designator code in conjunction with the foreign air transportation of persons, property and mail on flights operated by Mexicana between Mazatlan and Los Angeles; and American requests an exemption (including the right to integrate such authority with existing certificates and exemptions) permitting American to engage in the scheduled foreign air transportation of persons, property and mail between Mazatlan and Los Angeles pursuant to its codeshare agreement with Mexicana. Mexicana currently operates multiple weekly flights between Mazatlan and Los Angeles utilizing A320 aircraft.' American does not hold underlying Mazatlan-Los Angeles operating authority and thus requires an exemption. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
Filed July 28, 2005 | Issued August 16, 2005 Department Action Taken on Application By: Esta Rosenberg
Filed August 3, 2005 | Issued September 6, 2005 Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, and Mazatlan, Mexico, and to integrate this authority with its existing certificate and exemption authority. American intends to operate this service pursuant to a code-share arrangement with Mexicana, whereby the “AA” designator code will be placed on flights operated by Mexicana in this market. The joint applicants request that the exemption authority be granted for a period co-extensive with the exemptions granted previously to American in the instant docket (through April 29, 2006). By: Paul Gretch
December 20, 2005 Application for Renewal of Exemption Compania Mexicana de Aviacion, S.A. de C.V. hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned docket to perform scheduled foreign air transportation of persons, property and mail between San Luis Potosi, Mexico, and Dallas/Ft. Worth, Texas. Mexicana operates service on this route pursuant to its codeshare agreement with American Airlines Inc. and American Eagle, under which Mexicana displays its code on flights operated by American and/or American Eagle between San Luis Potosi and Dallas/Ft. Worth. Mexicana requests renewal of this exemption for a one-year period on its existing terms and conditions. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
January 5, 2006 30-Day Notice of American Airlines of Additional Codesharing Services American Airlines, Inc., under condition (b) of Notice of Action issued in this docket on April 29, 2004, hereby gives notice of additional codesharing services to be operated with Compania Mexicana de Aviacion, S.A. de C.V. Effective no sooner than 30 days from the date of this notice, the "MX*" code will be displayed on flights operated by American or American Eagle Airlines, Inc. between MX/MX* authorized US gateways and Ottawa, Canada. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
February 23, 2006 Application for Renewal of Exemption Authority
In response to the Department's notice of August 23, 2005 on streamlining regulatory procedures (OST-2005-22228), American has requested corresponding certificate authority for its U.S.-Mexico exemption authority. See application for amended certificate of public convenience and necessity, August 26, 2005 (OST-2000-8516) . We urge expedited approval of that application to avoid the need for successive renewals in exemption dockets. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
Filed February 23, 2006 | Issued March 22, 2006 Scheduled foreign air transportation of persons, property, and mail between points in the United States and points within Mexico beyond American’s authorized Mexican gateway points for transborder services, for the purpose of blind-sector code-sharing services operated between the Mexican gateway points and other points within Mexico on services operated by Compania Mexicana de Aviacion, S.A. de C.V. or its affiliate, Aerocaribe d/b/a Click Mexicana. Scheduled foreign air transportation of persons, property, and mail between the following city-pair markets: Chicago-Guadalajara; Chicago-Morelia; Chicago-Zacatecas; Denver-Mexico City; Los Angeles-Guadalajara; Los Angeles-Mazatlan; Los Angeles-Mexico City; Los Angeles-Cancun; Los Angeles-Leon; Los Angeles-Morelia; Los Angeles-Zacatecas; Oakland-Guadalajara; Oakland-Leon; Oakland-Zacatecas; Portland-Guadalajara; New York/Newark-Mexico City; Las Vegas-Guadalajara; Las Vegas-Mexico City; Las Vegas-San Jose del Cabo; San Antonio-Mexico City; San Francisco-Guadalajara; San Francisco-Mexico City; San Francisco-Morelia; San Jose-Guadalajara; San Jose-Morelia; Sacramento-Guadalajara; Sacramento-Morelia; Sacramento-San Jose del Cabo; and Washington/Baltimore-Mexico City, and to integrate this authority with all existing certificate and exemption authority held by American and its affiliates. American intends to operate these services pursuant to a code-share arrangement with Mexicana, whereby the “AA” designator code will be placed on flights operated by Mexicana in these markets. American states that it is not seeking renewal of its authority for Chicago-Durango, Chicago-San Luis Potosi, San Antonio-Guadalajara, Dallas/Ft. Worth-Morelia, and Dallas/Ft. Worth-Zacatecas, as Mexicana no longer serves these routes. American's application here for exemption authority also references a pending American application for corresponding certificate authority. See Docket OST-2000-8516. We will handle its certificate request separately. The carrier’s request for route integration authority has been superseded by Order 2006-1-1, where the Department awarded the carrier a blanket route integration certificate. By: Paul Gretch
April 17, 2006 Joint Application for Additional Codesharing Authorization Mexicana and American hereby jointly apply for a statement of authorization and related exemption authority to engage in certain transborder codeshare services in addition to those first authorized by the Department of Transportation by Notice of Action Taken in this docket on April 29, 2004, and by subsequent amendments as renewed on March 22, 2006. The applicants request that the statement of authorization be granted for an indefinite period and that the exemption be granted for a two-year period co-extensive with the exemptions granted previously to American in this docket, until March 22, 2008. The joint applicants plan to begin new codeshare service between Guadalajara and Fresno as soon as all governmental approvals are received, and request the following authorities:
Mexicana currently operates nonstop flights between Guadalajara and Fresno utilizing A319 aircraft. American does not hold underlying Guadalajara-Fresno operating authority and thus requires an exemption. Mexicana holds Guadalajara-Fresno operating authority by exemption in Docket OST-2004-17492. Counsel: Mexicana - Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com / American - Carl Nelson, 202-496-5647, carl.nelson@aa.com
Filed April 17, 2006 | Issued June 2, 2006 Scheduled foreign air transportation of persons, property, and mail between Fresno, California, and Guadalajara, Mexico. American intends to operate this service pursuant to a code-share arrangement with Mexicana, whereby the “AA*” designator code will be placed on flights operated by Mexicana in this market. The joint applicants request that the exemption authority be granted for a period co-extensive with the exemptions granted previously to American in the instant docket (through March 22, 2008). Display American’s “AA*” designator code on flights operated by Mexicana between Fresno, California, and Guadalajara, Mexico. Mexicana holds Fresno-Guadalajara operating authority pursuant to an exemption granted in Docket OST-2004-17492, last renewed June 9, 2005. (Department action on its timely renewal application is pending.) By: Paul Gretch
June 27, 2006 Notice of Additional Codesharing Effective no sooner than 30 days from the date of this notice, and supplemental to p. 4 of the Attachment to the referenced NOAT, the "MX*" code will be displayed on flights operated by American or American Eagle Airlines, Inc. between MX/MX* authorized US gateways and the following intra-US cities:
Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
October 27, 2006 Application for a Statement of Authorization Mexicana and American plan to begin new codeshare service between Mexico City and Dallas/Ft. Worth shortly after approval of this application. Mexicana requests a statement of authorization permitting it to display the "AA*" designator code in conjunction with the foreign air transportation of persons, property and mail on flights operated by Mexicana between Mexico City and Dallas/Ft. Worth. Mexicana requests that its statement of authorization be granted for an indefinite period. Service will begin shortly after approval of this application. American already holds a statement of authorization permitting it to display Mexicana's code on American's Dallas/Ft. Worth-Mexico City flights. Notice of Action Taken, April 29, 2004, Docket OST-2004-16945. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
Filed October 27, 2006 | Approved November 24, 2006 Department Action on Application Application of Compania Mexicana de Aviacion, S.A. de C.V. for a Statement of Authorization under 14 C.F.R. Part 212 to permit Mexicana to display the “AA*” code of American Airlines, Inc., on Mexicana flights between Dallas/Ft. Worth, Texas, and Mexico City, Mexico. Mexicana holds Mexico City-Dallas/Ft. Worth operating authority (see Order 1978-6-127). American holds Dallas/Ft. Worth-Mexico City certificate authority (see Order 1992-5-20). By: Thuy Cooper
January 18, 2007 Joint Application for Additional Codesharing Authorizations American Airlines, Inc. and Compania Mexicana de Aviacion, S.A. de C.V. hereby jointly apply under 14 CFR Part 212 and 49 USC 40109 for an amended statement of authorization and related exemption authority to engage in certain transborder codesharing services in addition to those authorized by Notice of Action Taken in this docket on April 29, 2004 and subsequent amendments. The applicants request that the amended statement of authorization be granted for an indefinite period, and that the exemptions be granted for a period co-extensive with the exemptions granted previously in this docket (that is, until March 23, 2008). Specifically, American requests a statement of authorization, and Mexicana requests the necessary underlying exemption authority (including the right to integrate such authority with existing certificates and exemptions), in order to display the "MX*" designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by American on three additional U.S.-Mexico transborder routes, effective February 28, 2007:
American and Mexicana request expedited approval of this application so that they may begin promotional and sales activities at the earliest possible date. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com for American
February 6, 2007 Re: Mexicana Does Not Seek Route Integration On January 18, 2007, Mexicana and American filed a joint application in the captioned docket seeking approval to engage in codesharing on the Miami-Cozumel, New York (JFK)-San Jose del Cabo and St. Louis-Puerto Vallarta routes. This will confirm that Mexicana does not request route integration, and that Mexicana will accept approval of its exemption for a period of one year. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com
Filed April 14, 2005 and January 18, 2007 | Issued February 15, 2007
By: Paul Gretch
December 17, 2007 Joint Application for Additional Codesharing Authorizations American Airlines and Mexicana hereby jointly apply for an amended statement of authorization and related exemption authority to engage in certain transborder codesharing services in addition to those authorized by Notice of Action Taken in this docket on April 29, 2004 and subsequent amendments. The applicants request that the amended statement of authorization be granted for an indefinite period, and that the exemptions be granted for a period co-extensive with the exemptions granted previously in this docket (that is, until March 23, 2008). Specifically, Mexicana requests a statement of authorization, and American requests the necessary underlying exemption authority, in order to display the AA* designator code in conjunction with foreign air transportation of persons, property, and mail on flights operated by Mexicana on two additional U.S.-Mexico transborder routes, effective February 6, 2008 - Los Angeles-Monterrey and San Antonio-Monterrey. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / Carl Nelson, 202-496-5647, carl.nelson@aa.com for American
Filed December 17, 2007 | Issued January 10, 2008 Exemption for American under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between (1) Los Angeles, California, and Monterrey, Mexico, and (2) San Antonio, Texas, and Monterrey, Mexico. The applicants request that the exemption authority be granted for a period coextensive with the exemptions granted previously in this docket (through March 23, 2008). The applicants state that they will use the authority pursuant to a code-share arrangement, whereby American's designator code will be placed on flights operated by Mexicana on the subject routes, beginning February 6, 2008. Amended statement of authorization for Mexicana, for indefinite duration, under 14 CFR Part 212 to: Display American's designator code on flights operated by Mexicana in the Los AngelesMonterrey and San Antonio-Monterrey markets. By: Paul Gretch
January 15, 2008 Application for Renewal of Exemption Authority American Airlines, Inc. hereby applies for renewal of exemption authority, last renewed by Notice of Action Taken on March 22, 2006 and subsequently amended on June 2, 2006 and January 10, 2008 with the same expiration date, to engage in codeshare services with Compania Mexicana de Aviacion, S.A. de C.V. or its affiliate Aerocaribe d/b/a Click Mexicana (AA* on flights operated by Mexicana or Click). Renewal is requested for an exemption to the extent necessary to provide scheduled foreign air transportation of persons, property, and mail between the following transborder city-pairs: Chicago-Guadalajara/Morelia/Zacatecas; Denver-Mexico City; Fresno-Guadalajara; Las Vegas-Guadalajara/Mexico City/San Jose del Cabo; Los Angeles-Cancun/Guadalajara/Leon/Mazatlan/Mexico City/Monterrey/Morelia/Zacatecas; New York/Newark-Mexico City; Oakland-Guadalajara/Leon/Zacatecas; Portland-Guadalajara; Sacramento-Guadalajara/Morelia/San Jose del Cabo; San Antonio-Mexico City/Monterrey; San Francisco-Guadalajara/Mexico City/Morelia; and San Jose-Guadalajara/Morelia. American is not seeking to renew its exemption to codeshare between Washington/Baltimore and Mexico City since Mexicana no longer operates on that route. Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com
March 24, 2008 Joint Application for Additional Codesharing Authorization Compania Mexicana de Aviacion, S.A. de C.V. and American Airlines, Inc. (and its affiliates American Eagle Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle) hereby jointly apply under 14 CFR 212 and 49 USC 40109 for a statement of authorization and related exemption authority to engage in certain transborder codeshare services in addition to those first authorized by the Department of Transportation by Notice of Action Taken in this docket on April 29, 2004, and by subsequent amendments as renewed on March 22, 2006. The applicants request that American's statement of authorization be granted for an indefinite period and that Mexicana's exemption be granted for a one-year period. The joint applicants plan to begin new codeshare service between Dallas/Ft. Worth and Tampico on April 7. 2008, (or as soon as practical after all government approvals are obtained) and request the following authorities: (a) Mexicana requests an exemption permitting it to engage in the scheduled foreign air transportation of persons, property, and mail between Dallas/Ft. Worth and Tampico pursuant to its codeshare agreement with American; and (b) American requests a statement of authorization perming it to display the "MX*" designator code in conjunction with the foreign air transportation of persons, property, and mail on flights operated by American Eagle between Dallas/Ft. Worth and Tampico. American Eagle holds Dallas/Ft. Worth-Tampico exemption authority and currently operates flights between the two cities (Notice of Action Taken, November 29, 2007, Docket OST-2007-0061). Mexicana does not hold underlying Dallas/Ft. Worth-Tampico authority and thus requires an exemption. American requires a Statement of authorization to display Mexicana's code on American Eagle's Dallas/Ft. Worth-Tampico flights. Codeshare service will begin Oil April 7, 2008. (or as soon as practical after all government approvals are obtained). Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / Carl Nelson, 202-496-5647, carl.nelson@aa.com for American
March 24, 2008 Joint Application for Additional Codesharing Authorization Compania Mexicana de Aviacion, S.A. de C.V. and American Airlines, Inc. hereby jointly apply under 14 CFR 212 and 49 USC 40109 for a statement of authorization and related exemption authority to engage in certain transborder codeshare services in addition to those first authorized by the Department of Transportation by Notice of Action Taken in this docket on April 29, 2004, and by subsequent amendments as renewed on March 22, 2006. The applicants request that Mexicana's statement of authorization be granted for an indefinite period and that American's exemption be granted for a two-year period. The joint applicants plan to begin new codeshare service between Monterrey and New York on May 1, 2008, and request the following authorities: (a) Mexicana requests a statement of authorization permitting it to display the "AA*" designator code in conjunction with the foreign air transportation of persons, property and mail on nights operated by Mexicana between Monterrey and New York; and (b) American requests an exemption permitting it to engage in the scheduled foreign air transportation of persons, property, and mail between Monterrey and New York pursuant to its codeshare agreement with Mexicana. Mexicana currently holds an exemption authorizing it to operate nonstop nights between Monterrey and New York (Notice of Action Taken January 7, 2008, Docket OST-2007-0069). Mexicana will begin service on May 1, 2008, utilizing A319, A320, or B757 aircraft. American docs not hold underlying Monterrey-New York operating authority and thus requires an exemption. Mexicana requires a statement of authorization to display American's code on Mexicana's Monterrey-New York flights. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / Carl Nelson, 202-496-5647, carl.nelson@aa.com for American
March 28, 2008 I am writing today to inform you that the joint applicants have completed a poll of all those served with the Joint Application dated March 24, 2008. There are no objections to the application. Counsel: Squire Sanders, Constance O'Keefe, 202-626-6230, cokeefe@ssd.com
Filed March 24, 2008 | Issued April 16, 2008
In its last omnibus renewal application dated February 23, 2006, in Docket OST-2004-16945, American stated that it was also applying on behalf of its affiliates, American Eagle and Executive Airlines, Inc., d/b/a American Eagle. Although, the renewal application captioned here does not specifically address the affiliates, we will consider the affiliates to be part of the renewal request. American's application here for exemption authority also references a pending American application for corresponding certificate authority (see Docket OST-2000-8516). We will handle its certificate request separately. By: Paul Gretch
April 23, 2008 Joint Application for Additional Codesharing Authorization Compania Mexicana de Aviacion, S.A. de C.V. and American Airlines, Inc. hereby jointly apply under 14 CFR 212 and 49 USC 40109 for a statement of authorization and related exemption authority to engage in certain transborder codeshare services in addition to those first authorized by the Department of Transportation by Notice of Action Taken in this docket on April 29, 2004, and by subsequent amendments as renewed on April 16, 2008. The applicants request that Mexicana's statement of authorization be granted for an indefinite period and that American's exemption be granted for a two-year period. The joint applicants plan to begin new codeshare service between Puerto Vallarta and Los Angeles on July 2, 2008, and request the following authorities: (a) Mexicana requests a statement of authorization permitting it to display the "AA*" designator code in conjunction with the foreign air transportation of persons, property and mail on flights operated by Mexicana between Puerto Vallarta and Los Angeles; and (b) American requests an exemption permitting it to engage in the scheduled foreign air transportation of persons, property, and mail between Puerto Vallarta and Los Angeles pursuant to its codeshare agreement with Mexicana. Mexicana currently operates nonstop service between Puerto Vallarta and Los Angeles using A319 aircraft. American does not hold underlying Puerto Vallarta-Los Angeles operating authority and thus requires an exemption. Mexicana requires a statement of authorization to display American's code on Mexicana's Puerto Vallarta-Los Angeles flights. Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com for Mexicana / Carl Nelson, 202-496-5647 carl.nelson@aa.com for American |
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