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OST-2005-22620 - Delta Air Lines - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun
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OST-2005-22620 - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun September 29, 2005 Application for an Exemption Authority Delta Air Lines, Inc. hereby applies under 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice in Proceedings for exemption authority to provide scheduled foreign air transportation of persons, property and mail between (1) Atlanta, Georgia and Acapulco, Mexico; (2) Boston, Massachusetts and Cancun, Mexico; (3) Los Angeles, California and Puerto Vallarta, Mexico; (4) Los Angeles, California and San Jose del Cabo, Mexico, (5) Los Angeles, California and Ixtapa/Zihuatanejo, Mexico, and (6) Washington, D.C. and Cancun, Mexico. Delta further requests authority to integrate the requested exemptions with Delta's existing exemption and certificate authority, to the extent permitted by applicable international agreements. Delta plans to operate all of these services on a year-round basis using Boeing 737-800 aircraft with 16 premium and 134 coach seats. The proposed start-up dates and initial days of operation are as follows:
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
October 3, 2005 Supplement to Application for Exemption Authority Delta Air Lines, Inc. hereby supplements its application for U.S.-Mexico exemption authority filed on September 29, 2005, by adding Atlanta, Georgia - Ixtapa/Zihuatanejo to the list of routes Delta seeks authority to serve. Delta plans to operate year-round Saturday/Sunday service on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats beginning on or about March 18, 2006. Delta would provide the first nonstop service on this route, meaning two opportunities will remain available once the new U.S.-Mexico agreement is signed. All other details and public interest factors addressed in Delta's application are unchanged by this supplement. Counsel: Hogan & Hartson, Robet Cohn, 202-637-4999, recohn@hhlaw.com
October 4, 2005 Frontier Airlines, Inc. hereby responds to the above captioned application of Delta Airlines, Inc. for exemption and certificate authority to serve the Los Angeles-San Jose del Cabo route. On September 27, 2005, Frontier applied for a two year exemption from 49 U.S.C. 40109 and any other provision of the Department's rules to the extent necessary to engage in scheduled foreign air transportation of persons, property, and mail between LAX and SJD with services beginning in the second quarter of 2006. Frontier opposes Delta's application to the extent that it is mutually exclusive to Frontier's application. Under the September 21, 2005, amended aviation agreement between the United States and Mexico, three airlines from each country may fly between any U.S. city and various Mexican cities including San Jose del Cabo. Both American Airlines and Alaska Airlines, Inc have the authority to serve the LAX‑SJD market. Therefore, under the amended agreement, one opportunity to serve LAX‑SJD remains available. Since only one additional U.S. carrier designation is available for the LAX‑SJD route and there are two applicants for authority to provide service on this route, the Department must conduct a carrier selection proceeding to evaluate the public interest merits of the competing applicants. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wrf.com
OST-2005-22620 - Delta - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun October 12, 2005 Consolidated Answer of United Air Lines United Air Lines, Inc. hereby answers the above-captioned application of Delta Air Lines, Inc. for exemption authority to the extent it seeks authority to serve the Los Angeles-Puerto Vallarta, Mexico and Los Angeles-San Jose del Cabo, Mexico markets; the applications of Frontier Airlines, Inc. for exemption authority to serve the Chicago-Cancun, Mexico and Los Angeles-San Jose del Cabo, Mexico markets; the application of Spirit Airlines, Inc. for exemption authority to the extent it seeks authority to serve the Chicago-Cancun, Mexico market; and the applications of Brendan Airways, LLC dfb/a USA 3000 Airlines for exemption authority to the extent it seeks authority to serve the Chicago-Cancun, Mexico and Chicago-Puerto Vallarta, Mexico markets. Pursuant to the Notice, United intends to file applications on October 17 for exemption authority to serve Chicago-Cancun, Chicago-Puerto Vallarta, Los Angeles-Puerto Vallarta and Los Angeles-San Jose del Cabo. Because Delta, Frontier, Spirit and USA 3000 have already filed competing applications for these four city pairs for which answers may be due under the Department's Rules of Practice prior to October 17, United hereby objects to those applications to the extent they would preclude United from operating service in those city pairs. Two U.S. carriers are already designated and operating service between Chicago-Cancun, Los Angeles-Puerto Vallarta and Los Angeles-San Jose del Cabo. In these circumstances, the applications of United and Delta, Frontier, Spirit and USA 3000 will be mutually exclusive for those three city pairs. With regard to Chicago-Puerto Vallarta, however, while American and ATA are currently designated to provide service, ATA's authority appears to be dormant. ATA most recently served the market on a seasonal basis last winter and has not provided any firm plans for future service on CRS systems or the OAG. As a result, there may be two available designations for Chicago-Puerto Vallarta, in which case the Department may be able to grant the exemption applications of both United and USA 3000 without initiating a carrier selection proceeding. United urges the Department to determine expeditiously whether ATA's authority in this city pair is dormant to facilitate action on the pending applications. In the event, however, that only one designation is available for Chicago-Puerto Vallarta service, then United contingently objects to USA 3000's application for exemption authority in that city pair to the extent it would preclude United from operating Chicago-Puerto Vallarta service. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2005-21284 - Exemption - Orlando-Cancun October 17, 2005 Supplement to Applications for Exemption and Amended Certificate Authority Pursuant to the Department's Notice served October 5, 2005, Delta Air Lines, Inc. hereby supplements its applications for U.S.-Mexico exemption authority pending in the above-captioned dockets by confirming the proposed start-up dates, types of service (seasonal or year-round), number of weekly flights, and types, capacity and availability of aircraft, as follows: 1. Atlanta, GA -Acapulco, Mexico (Docket OST-2005-22620). On or about March 11, 2006, Delta proposes to introduce two weekly frequencies (Saturdays/Sundays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. No other U.S. carriers currently provide Atlanta-Acapulco service and, provided that no other applications are submitted, the Department need not await the signing of the new U.S.-Mexico agreement in order to grant Delta's request for exemption authority with respect to this route. 2. Atlanta, GA - Ixtapa/Zihuatanejo, Mexico (Docket OST-2005-22620). On or about March 18, 2006, Delta proposes to introduce two weekly frequencies (Saturdays/Sundays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. No other U.S. carriers currently provide Atlanta-Ixtapa/Zihuatanejo service and, provided that no other applications are submitted, the Department need not await the signing of the new U.S.-Mexico agreement in order to grant Delta's request for exemption authority with respect to this route. 3. Boston, MA - Cancun, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. 4. Los Angeles, CA - Cancun, Mexico (Docket OST-2005-22415). On or about December 1, 2005, Delta proposes to introduce daily yearround service on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats. 5. Los Angeles, CA - Ixtapa/Zihuatanejo, Mexico (Docket OST-2005-22620). On or about March 18, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737800 aircraft with 16 premium and 134 coach seats, on a year-round basis. 6. Los Angeles, CA - Puerto Vallarta, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737800 aircraft with 16 premium and 134 coach seats, on a year-round basis. 7. Los Angeles, CA - San Jose del Cabo, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a yearround basis. 8. New York, NY/Newark, NJ- Cancun, Mexico (Docket OST-2005-22551). On or about December 17, 2005, Delta proposes to introduce daily year-round service on this route using Boeing 757-200 aircraft with 24 premium and 159 coach seats. 9. New York, NY/Newark, NJ - San Jose del Cabo, Mexico (Docket OST-2005-22243). On or about March 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. 10. Orlando, FL - Cancun, Mexico (Docket OST -2005-21284). As early as November 1, 2005, but no later than 90 days after the Department approves exemption authority to serve this route, Delta proposes to introduce daily year-round service on the Orlando-Cancun route using Boeing 737-800 aircraft with 16 premium and 134 coach seats. 11. Washington, D.C. - Cancun, Mexico (Docket OST-2005-22620). On or about February 4, 2006, Delta proposes to introduce one weekly roundtrip flight (Saturdays) on this route using Boeing 737-800 aircraft with 16 premium and 134 coach seats, on a year-round basis. Delta proposes to provide service via Washington Dulles International Airport. Delta proposes to operate all of the foregoing services using its existing fleet resources. Delta has 71 Boeing 737-800 aircraft and 121 Boeing 757-200 aircraft in its fleet, in addition to a number of other aircraft types, and has additional aircraft on order. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2005-22551 - Delta - Exemption - New York-Cancun 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
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta October 20, 2005 United requests that the Department immediately grant United's pending applications for exemptions to serve Chicago-Puerto Vallarta and Los AngelesCancun, as well as applications of other carriers for city-pair authorizations for which sufficient designations will be available under the Memorandum of Consultations between the U.S. and Mexico dated September 21, 2005 and streamline the process for granting exemption authority on the three U.S.-Mexico routes requiring carrier selection. In particular, United requests that the Department allow carriers that filed exemption applications for Chicago-Cancun, Los Angeles-Puerto Vallarta and Los Angeles-San Jose del Cabo one additional opportunity to file answers to competing applications, along with any other pertinent information to support their own applications, before the Department proceeds to a decision. The Department should issue a notice setting the date for submission of these answers and related information. United suggests that the filing date be no less than 15 days after the issuance of the notice. With regard to Los Angeles-Puerto Vallarta, for which there are only two applicants, the Department should proceed directly to final order. With regard to Chicago-Cancun and Los Angeles-San Jose del Cabo, for which there are four and five applicants, respectively, the Department should proceed to a show-cause order. These valuable bilateral rights will soon be available, and all interested parties have had an opportunity to file applications pursuant to the Department's Notice dated October 5, 2005. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta October 28, 2005 Weeks before answers to the United application for Chicago-Cancun, Los Angeles-San Jose del Cabo, Chicago-Puerto Vallarta and Los Angeles-Puerto Vallarta authority were due and moments before issuance of the Deparment's Notice on procedures governing US-Mexico applications, United asked the Department to grant its Chicago-Puerto Vallarta and Los Angeles-Cancun exemption applications "immediately." Although United's request for immediate action on those applications has been mooted by the Department's Notice of October 20, United's request that the Department truncate its normal processes for comparative consideration of other U.S.-Mexico applications has not been mooted. ExpressJet supports fully the Department's efforts to streamline its licensing procedures, but the specific relief sought by United may well prove counterproductive in this instance. The Department should be wary of truncating proceedings when less input from applicants might actually delay final decisions. Although ExpressJet is anxious to expand its Los Angeles-Mexico services and begin Los Angeles-San Jose del Cabo service as promptly as possible, ExpressJet urges the Department to ensure that its procedures meet due process requirements and provide the Department with all relevant information it requires for thoughtful consideration of the issues raised by the contested applications for new US-Mexico combination route authority. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.com
OST-2005-22636 - USA 3000 Airlines - Exemption - Newark/Chicago-Cancun November 3, 2005 Allocation of all Mexico authorities in markets already dominated by a few carriers involve important limited entry rights. It is essential that these authorities be allocated through a timely and reasonable process. It is not reasonable to hold a consolidated or multi-step proceeding. It is interesting that some "legacy" carriers, including those in bankruptcy, appear determined to seek all available routes and some now suggest that the Department should engage in lengthy proceedings that will add on to the costs for obtaining these authorities. Apparently, additional costs are worth it to these "struggling" carriers if Departmental actions and new entry are delayed. The Department should allow some additional information to be submitted but should not create complicated and lengthy route proceedings. Counsel: Wiley Rein, Edward Faberman, efaberman@wrf.com
OST-2005-22636 - USA 3000 Airlines - Exemption - Newark/Chicago-Cancun November 8, 2005 Reply of United Air Lines and Motion for Leave to file Delta and Frontier support United's request that the Department adopt streamlined procedures, although Delta suggests: 1) that applicants be allowed to file answers and replies to competing applications; and 2) that the same procedures be used for all routes requiring carrier selection. Delta also agrees that answers should be due 15 days after the issuance of the Department's procedural notice, and that there is no need for briefs or traffic forecasts. Delta and Frontier do not object to United's request that the Department immediately grant United's applications for Chicago-Puerto Vallarta and Los Angeles-Cancun. ExpressJet, on the other hand, which operates as Continental Express and filed an application for a single route, rejects the idea of streamlined procedures, preferring that DOT impose a more lengthy and cumbersome process than that sought by United and Delta. ExpressJet urges DOT to consolidate the applications for all four contested city pairs into a single proceeding and to utilize two or three more rounds of pleadings; it even opposes the immediate grant of United's Chicago-Puerto Vallarta and Los Angeles-Cancun applications, routes for which ExpressJet has not applied and no carrier selection proceeding is necessary. ExpressJet's vague, unsubstantiated, and disingenuous arguments must be wholly rejected. BxpressJet offers no compelling reason as to why United's Chicago-Puerto Vallarta and Los Angeles-Cancun applications should not be immediately granted. With regard to ExpressJet' s assertion that the October 20 Notice mooted United's request, that Notice only suspended further procedures under Part 302 for "markets for which carrier selection proceedings will be necessary." Notice at 2. Those markets, specifically identified by the Department in the Notice, do not include Chicago-Puerto Vallarta or Los Angeles-Cancun. For Chicago-Puerto Vallarta and Los Angeles-Cancun, "the procedures set forth in part 302...will continue to apply." Thus, United's request for immediate action on these routes has not been mooted and remains before the Department. United Air Lines, Inc. requests that the Department immediately grant United's pending applications for exemptions to serve Chicago-Puerto Vallarta and Los Angeles-Cancun, streamline the process for granting exemption authority on the three U.S.-Mexico routes requiring carrier selection as setforth above, and grant United such other and further relief as the Department deems to be consistent with the public interest. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2005-21284 - Delta - Exemption - Orlando-Cancun November 22, 2005 In light of the severe damage Hurricane Wilma has inflicted on Cancun, Delta Air Lines, Inc. and its wholly owned subsidiary Comair, Inc. have modified their start-up plans with respect to the above-referenced routes, as described in Attachment A. Delta anticipates that it will institute service on most of the subject routes by June 1, 2006, and requests that any dormancy condition run from that date. Delta is monitoring the situation in Cancun and hopes that it may be able to institute service sooner in some markets. Accordingly, Delta urges the Department to grant the requested economic authority for the identified routes as soon as possible. Finally, Delta no longer has active service plans for Orlando-Cancun, and hereby withdraws that application. Attachment A:
Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com
Filed October 3, 2005 | Issued December 9, 2005 Scheduled foreign air transportation of persons, property, and mail between (1) Atlanta, Georgia, and Acapulco, Mexico; (2) Atlanta, Georgia and Ixtapa/Zihuatanejo, Mexico; (3) Boston, Massachusetts, and Cancun, Mexico; (4) Los Angeles, California, and Puerto Vallarta, Mexico; (5) Los Angeles, California, and San Jose del Cabo, Mexico; (6) Los Angeles, California, and Ixtapa/Zihuatanejo, Mexico; and (7) Washington, D.C., and Cancun, Mexico, and to integrate this authority with Delta’s existing exemption and certificate authority, consistent with applicable international agreements. Delta proposes to offer year-round service in these markets. Granted Atlanta-Acapulco and Atlanta-Ixtapa/Zihuatanejo exemption authority, including corresponding route integration authority. Deferred on Delta's request for exemption authority to serve the Boston-Cancun, Los Angeles-Puerto Vallarta, Los Angeles-San Jose del Cabo, Los Angeles-Ixtapa/Zihuatanejo, and Washington, D.C.-Cancun markets, including corresponding route integration authority (see remarks, below). Deferred on Delta's request for certificate authority to serve the Atlanta-Acapulco, Atlanta-Ixtapa/Zihuatanejo, Boston-Cancun, Washington, D.C.-Cancun, Los Angeles-Puerto Vallarta, Los Angeles-San Jose del Cabo, and Los Angeles-Ixtapa/Zihuatanejo markets. Currently, under the U.S.-Mexico Air Transport Agreement, up to a total of two U.S. carriers may be designated to provide direct-carrier (own-aircraft) services in a given city-pair market. With the exception of the Atlanta-Acapulco and Atlanta-Ixtapa/Zihuatanejo markets, either two U.S. carriers are already authorized to provide direct-carrier services on the subject routes or applications have been received from U.S. carriers in excess of available designation opportunities. On September 21, 2005, the United States and Mexico reached an ad referendum agreement on certain amendments to the U.S.-Mexico aviation agreement, providing for the expansion of services between the two countries for both combination and all-cargo air transportation services including combination services in the Boston-Cancun, Los Angeles-Puerto Vallarta, Los Angeles-San Jose del Cabo, Los Angeles-Ixtapa/Zihuatanejo, and Washington, D.C.-Cancun markets. However, the agreement has not yet been signed. In the circumstances presented, we defer action on the applicant's request for authority with respect to the Boston-Cancun, Los Angeles-Puerto Vallarta, Los Angeles-San Jose del Cabo, Los Angeles-Ixtapa/Zihuatanejo, and Washington, D.C.-Cancun markets. By: Paul Gretch
Filed September 29, 2005 | Supplemented October 3, 2005 | Issued December 15, 2005 Scheduled foreign air transportation of persons, property, and mail between Boston, Massachusetts, and Cancun, Mexico; Los Angeles, California, and Puerto Vallarta, Mexico; Los Angeles, California, and San Jose del Cabo, Mexico; Los Angeles, California, and Ixtapa/Zihuatanejo, Mexico; and Washington, D.C., and Cancun, Mexico, and to integrate this authority with Delta’s existing exemption and certificate authority, consistent with applicable international agreements. Delta states that it will provide year-round service in each of the subject markets. On October 3, 2005, Delta supplemented its application to add an additional route to its request for authority. On October 17, 2005, Delta further supplemented its application to confirm, among other things, its proposed start-up dates in the subject markets. By letter dated November 22, 2005, Delta modified certain of its earlier-proposed start-up dates for its Cancun services, as a result of the damage caused by Hurricane Wilma to Cancun. Granted: exemption authority to Delta to serve the Boston-Cancun, Washington, D.C.-Cancun, and Los Angeles-Ixtapa/Zihuatanejo markets, including corresponding route integration authority. Deferred: on Delta’s request for exemption authority to serve the Los Angeles-Puerto Vallarta and Los Angeles-San Jose del Cabo markets, including corresponding route integration authority. Deferred: on Delta’s request for certificate authority to serve the Atlanta-Acapulco, Atlanta-Ixtapa/Zihuatanejo, Boston-Cancun, Washington, D.C.-Cancun, Los Angeles-Puerto Vallarta, Los Angeles-San Jose del Cabo, and Los Angeles-Ixtapa/Zihuatanejo markets. By: Paul Gretch
Order 2005-12-18 OST-2005-22551 - Delta - Exemption - New York-Cancun OST-2005-22636 - USA 3000 - Exemption - Newark/Chicago-Cancun OST-2005-22620 - Delta - Exemption - Atlanta-Acapulco; Boston-Cancun; Los Angeles-Puerto Vallarta/San Jose del Cabo/Zihuatanejo; Washington, DC-Cancun OST-2005-22769 - America West d/b/a US Airways - Exemption - Los Angeles-San Jose del Cabo 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:
By: Michael Reynolds
OST-2005-23496 - Chicago-Cancun Combination Service Proceeding OST-2005-23498 - Los Angeles-San Jose del Cabo Combination Service Proceeding January 4, 2006 Petition for Reconsideration of Frontier Airlines Frontier Airlines, Inc. hereby asks the Department of Transportation to reconsider the procedural schedule set forth in Order 2005-12-18 so that additional time is available to submit "Supplements/Amendments to Applications", "Answers", and "Replies." Frontier agrees that this proceeding should be handled in an expedited timetable, however, the timetable set forth in this Order is not only short but included time between the busy holiday week at the end of December and beginning of January. At the same time, there are other proceedings at the Department that need to be addressed. In order to ensure that all parties have time to file all needed information that will allow the Department to make appropriate and timely decisions, Frontier asks the Department to amend the procedural schedule as follows:
This would add approximately 2.5 weeks to the schedule. By adopting this modified schedule, the Department will provide each carrier with ample opportunity to respond and will help ensure that the record is complete. It would still allow the Department to award the authorities in time for initiation of services in the spring/summer seasons. Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wrf.com
OST-2005-22243 - Exemption - New York/Newark-Cozumel October 17, 2006 Notice of Discontinuation and Transition Pursuant to the dormancy notice condition attached to its exemption authority in Notice of Action Taken, October 5, 2005, Docket 2005-22243, Delta Air Lines, Inc. hereby informs the Department that it will be discontinuing its JFK-Cozumel service as of February 24, 2007. In addition, Delta plans to transition its Atlanta-Ixtapa/Zihuatanejo service to a "winter season" service, in lieu of year-round. Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5600, prizzi@hhlaw.com
OST-2000-6816 - Exemption - Mexico City-Chicago April 5, 2007 Application for Renewal of Exemptions Delta Air Lines, Inc. hereby applies under 49 U.S.C. § 40109 for renewal of exemptions authorizing Delta to continue to provide scheduled foreign air transportation of persons, property, and mail on the U.S.-Mexico routes identified in Exhibit A. This renewal application encompasses multiple docketed exemptions that Delta relies upon to provide nonstop U.S. Mexico services with its own aircraft or pursuant to codeshare arrangements with Aerovias de Mexico, S.A. de C.V. or Delta Connection carriers. Delta requests that these exemptions be renewed for a period of at least two years, with a common expiration date, or until 90 days after the Department's final determination on Delta's application for amended certificate authority as it pertains to each of the routes identified herein, filed on November 30, 2004, and supplemented on October 17, 2005, in Docket OST-1999-6275, whichever occurs earlier. The establishment of a common renewal date will promote administrative efficiency and reduce the burden on Delta and the Department in maintaining these multiple non-controversial U.S.-Mexico exemption authorities. Delta does not seek renewal of route integration authority included with these exemptions because such authority is now covered by its blanket route integration certificate issued by Order 2006-1-1. In certain instances, Delta holds two exemptions for a single U.S.-Mexico route: one for codesharing service and one for service with its own aircraft. Although it is Delta's understanding that a single "own aircraft" exemption would be sufficient to cover both types of service (just as a city-pair designation authorizes both own-aircraft service and codeshare service), Delta is seeking to renew potentially redundant exemption authority out of an abundance of caution. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2006-24984 - ASA and Delta - Los Angeles-Mexico Routes April 17, 2007 Delta Air Lines, Inc. hereby notifies the Department of the dormancy of Delta's mainline service over the following route effective June 1, 2007: Los Angeles-Ixtapa/Zihuatanejo. In addition, Delta, on behalf of Atlantic Southeast Airlines, Inc., hereby notifies the Department of the dormancy of ASA on the following route effective June 1, 2007: Los Angeles-La Paz. Beginning on June 1, 2007, ExpressJet Airlines, Inc. will operate flights on those two routes in lieu of Delta and ASA, respectively, and Delta will list its DL* designator code on ExpressJet's flights. This notice will not affect Delta's underlying economic authority, e.g., its authority to codeshare on ExpressJet's flights over these routes. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2001-10438 - Exemption - Mexico City/Hermosillo-Salt Lake City April 24, 2007 Dormany Notices and Notices of Cessation of Codesharing Delta Air Lines, Inc. hereby notifies the Department of the dormancy of the following routes:
Delta also hereby notifies the Department that its "DL*" designator code will no longer be displayed on Aeromexico flights on the following U.S.-Mexico routes:
Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
Filed March 6, 2007 and March 23, 2007 | Approved April 25, 2007 Notice of Designation and Codeshare Authorization The joint applicants filed the application dated March 6, 2007. so that ExpressJet could, among other things, replace the current direct-carrier operations of Atlantic Southeast Airlines, Inc., in various Los Angeles-Mexico markets, including Los Angeles-La Paz. The replacement services were proposed on or about June 7, 2007. By Notice dated April 2, 2007, we granted, in part, the joint applicants’ request, but deferred on the request for ExpressJet to replace the services of ASA on the Los Angeles-La Paz market because there were not enough designation opportunities to approve the request without a date certain. Subsequently, ASA advised the Department that its Los Angeles-La Paz authority would become dormant on June 1, 2007, and ExpressJet would start serving the market on June 1, 2007 (see letter dated April 17, 2007, in Dockets OST-2006-24984 and OST-2005-22620). By: DOT, Linda Lundell
OST-2000-6816 - Exemption - Mexico City-Chicago Filed April 5, 2007 | Issued July 10, 2007
By: Paul Gretch
OST-2005-22243 - Exemption - Cincinnati-San Jose del Cabo June 30, 2008 Motion for Approval of Conversion to Seasonal US-Mexico Services Unfortunately, the market conditions for air transportation have radically deteriorated in recent months, in particular due to the unprecedented increase in jet fuel costs during that period. The fuel cost increases have had disastrous financial consequences for U.S. carriers, forcing all of them to reevaluate and restructure their route networks. Several carriers have already been forced into bankruptcy and/or liquidation in recent months. Permitting Delta the flexibility to adjust its service offerings in these markets so as to more accurately match capacity to demand on a seasonal basis will allow it to maintain transborder services in these markets, which enhances competition and expands price and service options for U.S.-Mexico travelers and shippers. Puerto Vallarta, Mazatlan, San Jose del Cabo, Acapulco, and Cancun are all triple-designation markets under the U.S.-Mexico Air Transport Services Agreement, as amended. There are at least one and in several cases two unallocated designations for U.S. carrier-operated service available in each of these markets except Los Angeles - La Paz. Up to ten carriers from each country may be designated to serve each city pair market on a codeshare basis. As such, there are abundant unused service opportunities for other carriers on each of these routes. La Paz is not a triple‑designation market under the U.S.‑Mexico Air Transport Services Agreement as amended, and competitive service is currently operated in this market by Alaska Airlines. Counsel: Delta, Scott McClain, 404-773-6514 |
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