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Updated: Wednesday, January 4, 2006 5:05 PM


OST-2005-22579 - JetBlue Airways - New York-Cancun


JetBlue Airways Corporation

OST-2005-22579 - Exemption - US-Cancun

September 26, 2005

Application for an Exemption

JetBlue Airways Corporation respectfully submits this application for certificate authority authorizing JetBlue to engage in foreign scheduled air transportation of persons, property and mail pursuant to 49 U.S.C. 41102 to Cancun, Mexico from New York, New York. JetBlue requests that such authority be effective for a period of at least two years or until final certificate authority is granted.

The exemption requested herein is for the tranportation of persons, property and mail in combination service between JFK Airport and Cancun, Mexico. JetBlue will operate these routes with Stage 3 compliant airbus A-320 aircraft, the same air craft it presently operates to all its destinations. JetBlue's A-320 aircraft are configured to carry 156 customers.

Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com


OST-2005-22576 - Certificate of Public Convenience and Necessity - US-Cancun
OST-2005-22228 - Streamlining Regulatory Procedure Docket Licensing US and Foreign Air Carriers

September 26, 2005

Application for Certificate of Public Convenience and Necessity for Foreign Scheduled Air Transportation

JetBlue Airways Corporation respectfully submits this application for certificate authority authorizing JetBlue to engage in foreign scheduled air transportation of persons, property and mail pursuant to 49 U.S.C. 41102 to Cancun, Mexico from New York, New York.

The exemption requested herein is for the tranportation of persons, property and mail in combination service between JFK Airport and Cancun, Mexico. JetBlue will operate these routes with Stage 3 compliant airbus A-320 aircraft, the same air craft it presently operates to all its destinations. JetBlue's A-320 aircraft are configured to carry 156 customers.

Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com


OST-2005-22551 - Exemption - New York-Cancun
OST-2005-22576 - Certificate of Public Convenience and Necessity - US-Cancun

September 26, 2005

Answer of JetBlue to Application of Delta and Motion to Consolidate

JetBlue's application on its face demonstrates the superiority of its proposed service to Cancun over that of Delta's not only through JetBlue's award winning customer service but because of JetBlue's financial and operational strength. JetBlue's service and its proven success over the past five years in both domestic and international service have allowed it to successfully face unprecendented obstacles and requires the selection of JetBlue for this service.

Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dlalaw.com

OST-1999-6275 - Delta Air Lines' New York-Cancun Codeshare with Aeromexico


OST-2005-22551 - Delta Air Lines - Exemption - New York-Cancun
OST-2005-22576 - JetBlue - Certificate of Public Convenience and Necessity - US-Cancun
OST-2005-22579 - JetBlue - Exemption - US-Cancun

September 28, 2005

Answer of Continental Airlines

Delta and JetBlue have applied for New York-Cancun authority and requested expedited action on their applications.

Continental does not object to the Delta and JetBlue requests for New Yor-Cancun authority or JetBlue's request for a carrier-selection proceeding so long as Continental's authority to provide New York-Cancun service remains effective and Continental can continue to serve the route.

Counsel: Continental, Thomas Bolling, 713-324-5606, thomas.bolling@coair.com;
Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com


OST-2005-22576 - JetBlue Airways - Certificate of Public Convenience and Necessity - US-Cancun
OST-2005-22579 - JetBlue Airways - Exemption - US-Cancun
OST-2005-22636 - USA 3000 Airlines - Exemption - Newark/Chicago-Cancun

October 5, 2005

Consolidated Reply of Delta Air Lines

Delta Air Lines, Inc. hereby submits this Consolidated Answer to the above-captioned applications of Jet Blue Airways Corporation and USA 3000 Airlines for exemptions and/or certificate authority and designations to serve New York/Newark-Cancun route. Delta has also filed an application with the Department seeking an exemption (and the third U.S. carrier designation) to provide scheduled foreign air transportation of persons, property and mail between New York and Cancun.

Delta opposes the applications of JetBlue and USA 3000 to the extent they are mutually exclusive to Delta's application. Because only one additional U.S. carrier designation will become available for the New York/NewarkCancun route under the U.S.-Mexico agreement reached last month and there are three applicants for authority to provide service on this route, the opportunity is over-subscribed and the Department must conduct a carrier selection proceeding to evaluate the public interest merits of the competing applications.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2005-22551 - Delta's Application for New York-Cancun


OST-2005-22576 - JetBlue Airways - Certificate of Public Convenience and Necessity - US-Cancun
OST-2005-22579 - JetBlue Airways - Exemption - US-Cancun
OST-2005-22551 - Delta - Exemption - New York-Cancun

October 5, 2005

Consolidated Answer of USA 3000 Airlines

As the Department is aware, USA 3000 has also filed an application seeking exemption authority as the 3rd U.S. carrier on the New York/Newark city-pair. See: USA 3000 Application of September 30, 2005, Docket OST 2005-22636. USA 3000 opposes the applications of JetBlue and Delta to the extent they are mutually exclusive to the application of USA 3000. Since only one (1) additional U.S. carrier designation will become available for this city-pair under the recently-concluded U.S-Mexico accord, and there are currently three (3) applicants for this single available designation, this valuable opportunity is therefore over-subscribed and a carrier selection proceeding must be conducted by the Department

Counsel: Pierre Murphy, 202-776-3980, pmuprhy@lopmurphy.com


Delta Air Lines, Inc. / JetBlue Airways Corp. / USA 3000 Airlines / Frontier Airlines, Inc. / Spirit Airlines, Inc. / United Air Lines, Inc. / ExpressJet Airlines, Inc. / America West Airlines, Inc. / Florida West International Airways, Inc. / Centurion Air Cargo, Inc. / Kitty Hawk Air Cargo, Inc

OST-2005-22551 - Delta - Exemption - New York-Cancun
OST-2005-22579 - JetBlue - Exemption - US-Cancun
OST-2005-22636 - USA 3000 - Exemption - Newark/Chicago-Cancun
OST-2005-22580 - Frontier - Exemption - Chicago (MDW)-Cancun
OST-2005-22589 - Spirit - Exemption - Dallas-Ft. Worth/Chicago-Cancun
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta
OST-2005-22620 - Delta - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
OST-2005-22590 - Frontier - Exemption - Los Angeles-San Jose del Cabo
OST-2005-22766 - ExpressJet - Designation - Los Angeles-San Jose del Cabo
OST-2005-22769 - America West - Exemption - Los Angeles-San Jose del Cabo
OST-2005-22151 - FWIA - Exemption and Designation - US-Mexico All-Cargo
OST-2005-21709 - Centurion - Exemption - US-Mexico Scheduled All-Cargo Services
OST-2005-22751 - Kitty Hawk - Exemption - US-Mexico Scheduled Cargo Service

Served October 20, 2005

Notice Suspending Further Procedures | Word

By Notice dated October 5, 2005, we invited interested U.S. carriers to supplement already-filed applications and/or to file new exemption/certificate applications for new U.S.-Mexico combination and all-cargo air transportation services under the September 21, 2005, Memorandum of Consultations between the United States and Mexico.   We instructed U.S. carriers to file their submissions within seven business days of the Notice, that is, not later than October 17, 2005.  Our stated objective in issuing the October 5 Notice was to be in a position promptly to implement the new rights once they become effective (currently anticipated to occur on October 26, 2005), and to promote an orderly process for doing so.

We have received numerous applications and supplements to existing applications for the newly available authority and, accordingly, have now identified the service markets for which carrier selection proceedings will be necessary.  Captioned above are those city-pair markets for which we will be instituting carrier selection proceedings.  Also captioned above are dockets reflecting limited designation opportunities for all-cargo Mexico City services that will also require carrier selection proceedings.

For each of the captioned city-pair markets we are suspending further procedures under 14 CFR part 302 (part 302).  Instead, we intend to issue notices shortly, establishing procedures and timetables for the applicants and other interested parties to follow so that we may establish a decisional record for carrier selection as to each of the subject markets.  Accordingly, for the city-pair and all-cargo markets captioned, we request that interested parties not file responsive pleadings at this time, but rather that they await the issuance of the aforementioned notices.  We hereby suspend as to applications filed for those markets, and until further notice, the procedural requirements of part 302 to the extent consistent with this approach.  For all other applications filed in response to our October 5 Notice (i.e., applications seeking authority in markets other than those listed above), the procedures set forth in part 302, including the time limits for filing responsive pleadings, will continue to apply.

By: Paul Gretch


Order 2005-12-18

OST-2005-23494 - New York/Newark-Cancun Combination Service Proceeding
OST-2005-23496 - Chicago-Cancun Combination Service Proceeding
OST-2005-23497 - Los Angeles-Puerto Vallarta Combination Service Proceeding
OST-2005-23498 - Los Angeles-San Jose del Cabo Combination Service Proceeding

OST-2005-22551 - Delta - Exemption - New York-Cancun
OST-2005-22579 - Jet Blue - Exemption - US-Cancun
OST-2005-22636 - USA 3000 - Exemption - Newark/Chicago-Cancun

OST-2005-22636 - USA 3000 - Exemption - Newark/Chicago-Cancun
OST-2005-22580 - Frontier - Exemption - Chicago (MDW)-Cancun
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta
OST-2005-22589 - Spirit - Exemption - Dallas-Ft. Worth/Chicago-Cancun

OST-2005-22620 - Delta - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta

OST-2005-22769 - America West d/b/a US Airways - Exemption - Los Angeles-San Jose del Cabo
OST-2005-22620 - Delta - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
OST-2005-22766 - ExpressJet - Designation - Los Angeles-San Jose del Cabo
OST-2005-22590 - Frontier - Exemption - Los Angeles-San Jose del Cabo
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta

Issued and Served December 29, 2005

Instituting Order - Bookmarked

By this order we institute proceedings to select one primary carrier and one backup carrier to provide direct carrier (own-aircraft), scheduled combination air services in the New York/Newark-Cancun, Chicago-Cancun, Los Angeles-Puerto Vallarta, and the Los Angeles-San Jose del Cabo markets, thereby implementing new rights available to US. carriers under the recently amended US.-Mexico aviation agreement.

We grant the motions to consolidate applications into the relevant proceedings as described in this instituting order, and we consolidate the applications for the four city-pair markets addressed in this instituting order into the four carrier selection cases described herein.

We grant the motion of Spirit Airlines, Inc. to withdraw its application for exemption authority to serve the Chicago-Cancun market and hereby dismiss that application.

Procedural Timetable:

Petition for Reconsideration: 1-4-06
Replies to Petitions for Reconsideration: 1-6-06
Supplements/Amendments to Applications: 1-10-06
Answers: 1-12-06
Replies: 1-17-06

By: Michael Reynolds


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