Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar
Updated:
OST-2005-22767 - United Air Lines - Chicago-Cancun / Los Angeles-San Jose del Cabo / Chicago-Puerto Vallarta / Los Angeles-Puerto Vallarta
|
United Air Lines, Inc. OST-2005-22767 - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta October 17, 2005 United Air Lines, Inc. pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice (14 C.F.R. Part 302) and in response to the Department's Notice dated October 5, 2005 hereby applies for an exemption from 49 U.S.C. § 41101 authorizing it to provide scheduled combination service in foreign air transportation of persons, property and mail between Chicago, Illinois and Cancun, Mexico; between Los Angeles, California and San Jose del Cabo, Mexico; between Los Angeles, California and Puerto Vallarta, Mexico; and between Chicago, Illinois and Puerto Vallarta, Mexico. On Chicago-Cancun, United proposes initially to operate 11 weekly frequencies in the peak season, and daily service in the off-peak, beginning within 90 days of a grant of such authority. On Los Angeles-San Jose del Cabo, Los Angeles-Puerto Vallarta and Chicago-Puerto Vallarta, United proposes initially to operate daily service in the peak season and twice weekly service in the offpeak, beginning within 90 days of a grant of such authority for Los Angeles-San Jose del Cabo and Los Angeles-Puerto Vallarta, and beginning April 2, 2006 for Chicago-Puerto Vallarta. United asks that the requested authority be effective immediately and remain in effect for two years. All "Ted" service will be operated with A320 aircraft with 156 seats in an all-economy configuration (including Economy Plus) currently in United's fleet. All mainline service will be operated with A320 aircraft with 12 first class and 126 economy seats currently in United's fleet. United developed its "Ted" product specifically to compete in leisure markets such as Cancun, Puerto Vallarta and San Jose del Cabo, where low-fare service will be well received by consumers. Public reception of the "Ted" product has been extremely positive and United projects similar results from the use of its "Ted" product in these markets. Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.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
Filed October 17, 2005 | Issued December 12, 2005 Scheduled foreign air transportation of persons, property, and mail between (1) Chicago, Illinois, and Cancun, Mexico; (2) Los Angeles, California, and San Jose del Cabo, Mexico; (3) Los Angeles, California, and Puerto Vallarta, Mexico; and (4) Chicago, Illinois, and Puerto Vallarta, Mexico. United states that, with the exception of the Chicago-Puerto Vallarta market, it will provide a combination of peak and off-peak service in all of the subject markets beginning within 90 days of a grant of the requested authority. United states that it will provide a combination of peak and off-peak services in the Chicago-Puerto Vallarta market beginning April 2, 2006. United also requests that its exemption authority for Chicago-Cancun, Los Angeles-San Jose del Cabo, Los Angeles-Puerto Vallarta, and Chicago-Puerto Vallarta be awarded under the Department’s streamlined licensing procedures. To the extent that United is seeking certificate authority for the subject markets, we will handle that request subsequently. Granted: exemption authority to United to serve the Chicago-Puerto Vallarta market. Deferred: on United’s request for exemption authority to serve the Chicago-Cancun, Los Angeles-San Jose del Cabo, and Los Angeles-Puerto Vallarta markets. Deferred: on United’s request for certificate authority to serve the Chicago-Cancun, Los Angeles-San Jose del Cabo, Los Angeles-Puerto Vallarta, and Chicago-Puerto Vallarta markets. By: Paul Gretch
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-2005-22767 - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta January 6, 2006 United hereby replies to the Petition for Reconsideration of Frontier, dated January 4, 2006. In its Petition, Frontier requests that the Department reconsider the procedural schedule set forth in Order 2005-12-18 with regard to two contested routes, Chicago-Cancun and Los Angeles-San Jose del Cabo, to allow additional time for the submission of the required pleadings. If granted, Frontier's request would add approximately two and one-half weeks to the procedural schedule set by the Department. United has pending applications for three contested routes which are subject to the procedural schedule set forth by the Department in the Order 2005-12-18: Chicago-Cancun, Los Angeles-San Jose del Cabo, and Los Angeles-Puerto Vallarta. Frontier is proposing to change the schedule of two of those while leaving the third (Los Angeles-Puerto Vallarta) unchanged. United has no objection to the request of Frontier with respect to the Chicago-Cancun and Los Angeles-San Jose del Cabo proceedings. Should the Department, however, now decide to grant Frontier's request and push back the procedural schedule with respect to those two proceedings, it should do so the same for Los Angeles-Puerto Vallarta. There is no reason to treat the Los Angeles-Puerto Vallarta proceeding different in this respect. Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.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
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta OST-2005-23496 - Chicago-Cancun Combination Service Proceeding January 17, 2006 Amended and Supplemental Information of United Air Lines - Bookmarked On October 17, 2005, United applied for exemption authority and designations to operate year-round services, inter alia, between Chicago-Cancun, Los Angeles-San Jose del Cabo, and Los Angeles-Puerto Vallarta. United plans to operate its Chicago-Cancun service twice daily during the peak season and daily during the off-peak, beginning April 2, 2006. United plans to operate its Los Angeles-San Jose del Cabo and Los Angeles-Puerto Vallarta services daily during the peak season and twice weekly service during the off-peaks' beginning April 2, 2006 for Los Angeles-San Jose del Cabo, and May 4, 2006 for Los Angeles-Puerto Vallarta. This is an increase in the number of peak and off-peak frequencies United originally proposed (11 peak and 7 off-peak), as reflected in Order 2005-12-18. If awarded a designation in time to commence Chicago-Cancun service on April 2, 2006, United will begin with nine frequencies (seven operated as "Ted" and two as mainline). United will operate all 14 peak season Chicago-Cancun frequencies and all seven of its off-peak frequencies using its "Ted" product. United will operate all seven of its peak season Los Angeles-San Jose del Cabo and Los Angeles-Puerto Vallarta frequencies using its "Ted" product, and its two off-peak Los Angeles-San Jose del Cabo and Los Angeles-Puerto Vallarta frequencies using mainline service. All "Ted" service will be operated with A320 aircraft with 156 seats in an all-economy configuration (including Economy Plus) currently in United's fleet. All mainline service will be operated with A320 aircraft with 12 first class and 126 economy seats currently in United's fleet. The "Ted" product was developed specifically for leisure markets such as Cancun, Puerto Vallarta and San Jose del Cabo, where its low‑fare service has been well received by consumers. Because of its success, United is expanding "Ted" service to more leisure markets in 2006, and would like Chicago‑Cancun, Los Angeles‑San Jose del Cabo and Los Angeles‑Puerto Vallarta to be among those. Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2005-22767 - United Air Lines - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta OST-2005-23496 - Chicago-Cancun Combination Service Proceeding January 23, 2006 Answer of United Air Lines - Bookmarked United plans to use its low fare "Ted" product in all three markets for which it has applied. "Ted" was designed specifically for price-sensitive leisure destinations like Cancun, Puerto Vallarta and San Jose dell Cabo. By using "Ted" from its hubs, United provides not only low-fare service but also online connections to points throughout United's global network. Not surprisingly, "Ted" has been a tremendous success, and its burgeoning popularity has led to rapid growth. Since its inception in February 2004, "Ted" has spread to eight U,S.-Mexico markets, including service from various U.S. points to Cancun, Puerto Vallarta and San Jose del Cabo, and as just announced, "Ted" will add a ninth U,S.-Mexico market in December 2006 (Chicago-Puerto Vallarta). By expanding "Ted" to the Chicago-Cancun, Los Angeles-Puerto Vallarta and Los Angeles-San Jose del Cabo markets, only United will bring both new low fare and network competition to those markets. These services would generate significant public benefits, more than any of the other applicants can offer. Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2005-22767 - United Air Lines - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta OST-2005-23496 - Chicago-Cancun Combination Service Proceeding January 24, 2006 United Air Lines, Inc. hereby notifies the Department that it has discovered two typographical errors in the Answer of United filed on January 23, 2006, in the above referenced dockets. In footnote 21, at page 11 of the Answer, the word "Cancun" should be "Puerto Vallarta," and, in footnote 25, at page 13, the word "Cancun" should be "San Jose del Cabo." Counsel: Wilmer Hale, Jonathan Moss, 202-683-6655
OST-2005-22767 - United - Exemption - Chicago-Cancun; Los Angeles-San Jose del Cabo; Chicago-Puerto Vallarta; Los Angeles-Puerto Vallarta OST-2005-23496 - Chicago-Cancun Combination Service Proceeding January 27, 2006 Reply of United Air Lines - Bookmarked United has demonstrated that, with its low-fare Ted service and connecting services from its Chicago and Los Angeles hubs, its proposals offer more public benefits than those of any of the other applicants. United's Ted service and United's hubs would provide more improvements to the competitive market structure both for local markets and on a network basis than the services or networks of the others. In these circumstances, United urges that its applications in each of the captioned dockets be granted and those of the other applicants be denied. Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com
OST-2005-22360 - Exemption - Los Angeles-Cancun October 11, 2007 Application for Renewal of Exemption Authorities United hereby applies for renewal of exemptions from 49 U.S.C. §41101 authorizing it to provide scheduled combination service in foreign air transportation of persons, property, and mail between Los Angeles, California and Cancun, Mexico and Chicago, Illinois and Puerto Vallarta, Mexico. United’s exemption authorities for these markets are currently effective through December 12, 2007. United intends to continue its year-round service between Los Angeles and Cancun, as well as between Chicago and Puerto Vallarta. Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com
OST-2005-22360 - Exemption - Los Angeles-Cancun Filed October 11, 2007 | Issued November 1, 2007 Renewal for two years of scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, and Cancun, Mexico (Docket OST-2005-22360), and between Chicago, Illinois, and Puerto Vallarta, Mexico (Docket OST-2005-22767). By: Paul Gretch |
|||||||||||||||||