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OST-2005-22636 - USA 3000 Airlines - Newark/Chicago-Cancun
http://www.usa3000airlines.com/
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Brendan Airways, LLC d/b/a USA 3000 Airlines OST-2005-22636 - Exemption - Newark/Chicago-Cancun September 30, 2005 Application for an Exemption - Bookmarked By this application, USA 3000 seeks an exemption from 49 U.S.C. $41101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S and Mexico as more fully described in Exhibits USA3K-100-102 herein. USA 3000 plans to begin service to Mexico on this route on or about December 12, 2005 or as soon thereafter as all necessary Mexican licenses have been obtained and/or amended. USA 3000 intends to operate these services with aircraft from its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y). Chicago, IL (ORD) - Cancun, Mexico (CUN) Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com
OST-2005-22551 - Delta - Exemption - New York-Cancun October 5, 2005 Answer of JetBlue to Application of USA 3000 and Motion to Consolidate JetBlue Airways Corporation submits its Answer in Opposition to the Applicatoin of USA 3000 Airlines for an exemption to operate between New York and Cancun, Mexico submitted September 30, 2005. JetBlue has itself filed both for an exemption and a certificate application under 49 U.S.C. 401102 and 401109 for service under the recently signed Mexican MOU for service from New York (JFK) to Cancun in the referenced docket. JetBlue opposes USA 3000's application to the extent it is mutually exclusive to JetBlue's application. Based upon the fact that there is only one additional opportunity between New York and Cancun, JetBlue requests that all applications (JetBlue's, Delta's, and USA 3000's) be consolidated and the Department of Transportation set a comparative proceeding to select JetBlue's proposed service. Counsel: Dow Lohnes, Jonathan Hill, 202-776-2000, jhill@dowlohnes.com
OST-2005-22576 - JetBlue Airways - Certificate of Public Convenience and Necessity - US-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-2005-22636 - Exemption - Newark/Chicago-Cancun October 4, 2005 Frontier Airlines, Inc. submits this Answer in response to the application of USA 3000 for an exemption and certificate authority to serve the Chicago, Illinois - Cancun, Mexico market. On September 27, 2005, Frontier filed an application seeking an exemption as the third U. S. carrier designation to provide scheduled foreign air transportation of persons, property and mail between Chicago Midway Airport and CUN. Frontier opposes USA 3000'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 Cancun. American Airlines has the authority to serve the ORD-CUN market (OST-2000-8101) and ATA Airlines, Inc has authority to serve MDW-CUN (OST-2001-9074). Therefore, under the amended agreement, one opportunity to serve Chicago-Cancun remains available. Since only one additional U.S. carrier designation is available for the Chicago-Cancun 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-2005-22636 - Exemption - Newark/Chicago-Cancun October 7, 2005 USA 3000 has applied for New York/Newark-Cancun and Cleveland-Cancun authority. Continental does not object to USA 3000's request for New York/Newark or Cleveland-Cancun authority so long as Continental's authority to provide New York/Newark and Cleveland-Cancun service remains effective and Continental can continue to serve these routes. Counsel: Crowell & Moring, Bruce Keiner, 202-624-2615, rbkeiner@crowell.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 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 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 United Air Line, Inc. / Delta Air Lines, Inc. / Frontier Airline, Inc. / Spirit Airlines, Inc. / USA 3000 Airlines / ExpressJet Airlines, Inc. / America West Airlines, Inc. d/b/a US Airways 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-2005-22636 - Exemption - Newark/Chicago-Cancun November 30, 2005 Pursuant to your office's recent request in light of the delayed implementation of the ad referendum agreement of September 21, USA 3000 respectfully submits revised start-up dates for its currently-pending applications for various U.S.-Mexico scheduled combination services as follows:
With the uncertainty as to when the ad referendum agreement will be finalized, rather than submit a specific date for proposed implementation of service which might again come and go without any finalization of the agreement, USA 3000 is prepared to initiate scheduled service in the above markets as soon as reasonably possible, or within 30 days of any award of authority. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com Order 2005-12-18 OST-2005-23494 - New York/Newark-Cancun Combination Service Proceeding 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-2005-23496 - Chicago-Cancun Combination Service Proceeding OST-2005-22636 - USA 3000 - Exemption - Newark/Chicago-Cancun January 6, 2006 Reply of USA 3000 to Petition for Reconsideration of Frontier Airlines and Answer of Delta Air Lines The Department has already recognized that the applications filed are already ripe and the need for an expedited schedule. See: Order 2005-12-18, p. 5 in view of the posture of the currently-pending competing applications in the Chicago-Cancun case, USA 3000 submits that the further delay requested by Frontier, now supported by Delta, is unnecessary and would in fact be detrimental to carriers like USA 3000 which desire a quick decision and actually can commence scheduled service to Cancun as soon as an award herein is made. Whereas it maybe in the interests of Frontier and Delta to delay a final decision in this Proceeding in order to delay start-up of operations to Cancun, this is an invalid reason for the delay sought. Contrary to Frontier's assertion, USA 3000 submits that the current schedule established by the Department provides ample opportunity for each party to submit the information requested to complete the record herein. Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com |
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