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OST-2006-25495 - Delta and SkyWest - Salt Lake City-Guadalajara/Mazatlan/San Jose del Cabo
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Delta Air Lines, Inc. and Skywest Airlines, Inc. OST-2006-25495 - Exemption - Salt Lake City-Guadalajara/Mazatlan/San Jose del Cabo July 27, 2006 Delta Air Lines, Inc. and Sky West Airlines, Inc. plan to introduce service on three Salt Lake City-Mexico routes and hereby apply for the following authority:
In addition, the Applicants request the requisite designations notifications for these Salt Lake City-Mexico routes under the U.S.-Mexico Air Transport Agreement, as follows: SkyWest requests that it be designated for all three of these Salt Lake City-Mexico routes, and Delta requests that it be designated for the Salt Lake City-Guadalajara route. Delta further requests that its existing codeshare-only authorization for the Salt Lake City-Mazatlan route be amended, to the extent necessary, to identify SkyWest as an authorized codesharing partner. SkyWest further requests integration authority to combine its exemptions with all of SkyWest's existing certificate and exemption authority, consistent with applicable international agreements. Delta already holds blanket route integration authority pursuant to Order 2006-1‑1. The Applicants plan to provide year-round Delta-branded nonstop service on all three Salt Lake City-Mexico routes. With respect to the Salt Lake City-Guadalajara route, Delta proposes to provide peak-season mainline service using Boeing 737-800 aircraft with 16 first class and 134 coach seats, beginning on or about December 1, 2006. Delta initially plans to operate three weekly flights. During the off-peak season, commencing on or about February 26, 2007, SkyWest proposes to display the DL*" designator code on Delta Connection service it will provide on this route using 70-seat CRJ-700 aircraft. The Applicants intend to operate alternating seasonal service, but also desire year-round flexibility to switch between Delta and Delta Connection service, and to supplement peak mainline service with Delta Connection service on any given day, based on seasonal, time-of-week, and time-of-day demands. With respect to the Salt Lake City-Mazatlan route, SkyWest plans to operate year-round daily nonstop "Delta Connection" flights using 70-seat CRJ-700 aircraft beginning on or about October 1, 2006. Delta's "DL" designator code will be displayed on these flights. SkyWest's service is intended to replace existing Delta Connection service on this route operated by Shuttle America Corporation. (See Notice of Action Taken dated September 14, 2005 (Docket OST-2005‑21724)). With respect to the Salt Lake City-San Jose del Cabo route, SkyWest plans to operate nonstop "Delta Connection" flights using 70-seat CRJ-700 aircraft beginning on or about December 1, 2006, to complement Delta's mainline service on this route. Delta's "DL` designator code will be displayed on SkyWest's flights. SkyWest's service is intended to replace existing Delta Connection service on this route operated by Atlantic Southeast Airlines, Inc. The Applicants desire the flexibility to switch between Delta and Delta Connection service, including alternating seasonal service, and to supplement peak mainline service with Delta Connection service on any given day, based on seasonal, time-of-week, and time-of-day demands. (See Notice of Action Taken dated May 11, 2005 (Docket OST-2005‑20927)). Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com for Delta / Crowell & Moring, Lorriane Halloway, 202-624-2538, lhalloway@crowell.com for Skywest
July 31, 2006 We have polled the U.S. carrier representatives served with the above-referenced application, and no carrier has objected to the Applicants' requests for exemption authority. The Applicants urge the Department to grant the exemptions as soon as possible. Counsel: Hogan & Hartson, Jonathan Echmalian, 202-637-5600, jechmalian@hhlaw.com
Filed July 27, 2006 | Issued September 1, 2006 Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and Guadalajara, Mexico. The applicants plan to provide year-round Delta-branded nonstop service, as follows. Delta will provide peak-season mainline service beginning on or about December 1, 2006. SkyWest will use the authority by placing Delta's "DL*" code on SkyWest's Delta Connection service during the off-peak season, beginning on or about February 26, 2007. The applicants state that they intend to operate alternating seasonal service, but also desire year-round flexibility to switch between Delta and Delta Connection service, or to supplement peak mainline service with Delta Connection service, based on demand. In addition, SkyWest requests route integration authority to combine the exemption authority requested in this application with its existing certificate and exemption authority. Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and Mazatlan, Mexico, and to integrate this authority with its existing exemption and certificate authority. SkyWest intends to operate year-round daily Delta Connection service beginning on or about October 1, 2006. The applicant states that Delta's "DL*" designator code will be placed on these flights. Scheduled foreign air transportation of persons, property, and mail between Salt Lake City, Utah, and San Jose del Cabo, Mexico, and to integrate this authority with its existing exemption and certificate authority. SkyWest intends to operate nonstop Delta Connection service beginning on or about December 1, 2006, to complement Delta's mainline service on the route. The applicant states that Delta's "DL" designator code will be placed on these flights. The applicants state that they desire flexibility to switch between Delta and Delta Connection service, including alternating seasonal service, and to supplement peak mainline service with Delta Connection service, based on demand. By: Paul Gretch
October 20, 2006 Joint Motion for Dormancy Waiver Delta Air Lines, Inc. and SkyWest Airlines, Inc. jointly move the Department for a waiver of the dormancy condition attached to two of the exemption authorities issued by Notice of Action Taken, September 1, 2006, in this Docket. In that NOAT, Skywest received exemption authority for Salt Lake CityMazatlan, Mexico service and for Salt Lake City-San Jose del Cabo, Mexico services which it plans to operate as "Delta Connection." As is standard with U.S. -Mexico authority, the Department placed a dormancy condition on those authorities, such period to begin on October 1, 2006, for SLC-Mazatlan, and on December 1, 2006, for SLC-San Jose del Cabo. Unfortunately, despite Skywest's diligent efforts, the approval process for these operations through the Mexican Government has not proceeded as expeditiously as the Joint Movants had hoped. Based on progress to date in that process, the Joint Movants now estimate that these two services by Skywest will not commence until February 10, 2007 - after the expiration of the 90-day dormancy period for the SLCMazatlan service and near the expiration of the 90-day dormancy period for the SLC-San Jose del Cabo service. Therefore, out of an abundance of caution, the Joint Movants request a waiver from the current dormancy condition attached to these two exemption authorities, such that the 90-day dormancy period does not commence until the new proposed start-up date, February 10, 2007. The delay in start-up on these routes is not due to any lack of diligence on the part of the Joint Movants. Moreover, as noted in the original Application of Delta and Skywest, dated July 26, 2006, even after Skywest commences these services replacing Shuttle America and Atlantic Southeast Airlines, respectively, at least one designation should be available for other U.S. carriers wishing to enter these markets, and no U.S. carriers objected to the original Application. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com / Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
Filed October 20, 2006 | Approved November 21, 2006 Department Action on Application The dormancy notice period will begin on February 10, 2007, the applicants' new proposed startup date for the subject services. By: Esta Rosenberg
April 9, 2007 Joint Motion for Dormancy Waiver Delta Air Lines, Inc. and Skywest Airlines, Inc. jointly move the Department for a waiver of the dormancy condition attached to the exemption authorities issued by Notice of Action Taken September 1, 2006, in this Docket, as extended by Department action on November 21, 2006. The Joint Movants further request that the Department grant this dormancy waiver on or before May 5, 2007. Unfortunately, despite Skywest's diligent efforts, the approval process for these operations through the Mexican Government did not proceed as expeditiously as the Joint Movants had hoped. Accordingly, upon application by the Joint Movants, the Department granted a waiver from the dormancy condition on Skywest's SLC-Mazatlan and SLC-San Jose del Cabo authorities. See NOAT, November 21, 2006. The dormancy period for SLC-Mazatlan and SLC-San Jose del Cabo began running on February 10, 2007, and the dormancy period for SLC-Guadalajara began on February 26, 2007. The Joint Applicants had expected that Skywest would have received its authorities from the Mexican Government by now, but it has not. Given the fact that the approval process for Skywest by the Mexican Government continues to move slowly, the Joint Movants request another waiver from the current dormancy conditions attached to these exemption authorities, such that the 90-day dormancy period does not commence until the new proposed start-up date, September 1, 2007. The delay in start-up on these routes is not due to any lack of diligence on the part of the Joint Movants. Moreover, as noted in the original Application of Delta and Skywest, dated July 26, 2006, even after Skywest commences these services replacing Shuttle America and Atlantic Southeast Airlines, respectively, at least one designation should be available for other U.S. carriers wishing to enter these markets; no U.S. carriers objected to the original Application; and no carriers objected to the Joint Motion for a Dormancy Waiver filed on October 20, 2006. Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com for Skywest / Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
OST-2005-21724 - Shuttle America and Delta - Exemption - Salt Lake City-Puerto Vallarta April 27, 2007 Return of Designation and Request for Conversion to Codeshare-Only Authorization Shuttle America Corporation hereby notifies the Department that it is relinquishing its designation for combination service between Salt Lake City, Utah, and Mazatlan, Mexico, effectively immediately, as Delta Air Lines, Inc. has requested that Shuttle America discontinue operating "Delta Connection" service on this route. In addition, Delta requests that its designation for this route be converted back to a codeshare-only authorization for purposes of displaying its code on Delta Connection flights to be operated by Skywest Airlines, Inc. Delta had obtained an exemption for the Salt Lake City-Mazatlan route based on plans to replace Delta Connection service operated by Shuttle America with Delta mainline service commencing as early as March 1, 2007, until such time as Skywest obtains the necessary authority from the Government of Mexico to commence operating Delta Connection service on the route. See Notice of Action Taken dated December 27, 2006 (Docket OST-2006-26723). However, Delta no longer plans to operate Salt Lake City-Mazatlan mainline service in the interim. Assuming Skywest is able to obtain the necessary authority from the Mexican Government on the current timetable, Delta now anticipates that Salt Lake City-Mazatlan Delta Connection service will resume in the fall. Furthermore, Delta notifies the Department that the Delta Connection service operated by Skywest on the Salt Lake City-Mazatlan route will be on a seasonal, rather than year-round, basis. Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
May 1, 2007 We have polled the US carrier representatives served with the above-mentioned Joint Motion, and no carrier has objected to the relief sought therein. The Joint Applicants urge that the Joint Motion be granted as soon as possible. Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com
Delta Air Lines, Inc. OST-2005-21724 - Exemption - Salt Lake City-Puerto Vallarta Filed April 27, 2007 | Approved May 30, 2007 Notice of Codeshare Authorization By letter dated April 27, 2007, Delta and Shuttle America Corporation advised the Department that Skywest Airlines’ service on the Salt Lake City-Mazatlan route will replace the existing Delta Connection service by Shuttle. In this regard, Shuttle has relinquished its designation for direct carrier (own-aircraft) service on the Salt Lake City-Mazatlan route (see letter dated April 27, 2007, in Dockets OST-2005-21724, OST-2006-25495, and OST-2006-26723). Delta will place its code on Delta Connection flights to be operated by Skywest in the subject market. The joint applicants have further advised that the service will be operated on a seasonal, rather than year-round basis. By: DOT, Linda Lundell
OST-2003-14290 - Exemption - San Jose del Cabo-Ontario / Monterrey-Las Vegas March 25, 2008 Application for Renewal of Exemptions Pursuant to these exemptions, Delta provides nonstop U.S.‑Mexico service, in some cases with its own aircraft, in some cases on a codeshare basis with Aeromexico or Delta Connection carriers, and in some cases both with its own aircraft and on a codeshare basis. Delta's exemption authority in Docket OST-2003-14290 also includes the Ontario-San Jose del Cabo route, but Delta is not seeking renewal of the exemption as it pertains to that route because the Aeromexico flights on which Delta had previously placed its code have been discontinued. In that regard, by letter dated February 20, 2007, filed in this Docket, Aeromexico notified the Department that it would not seek renewal of its Ontario-San Jose del Cabo exemption authority. Delta currently offers service on the Los Angeles-Mexico routes specified in Docket OST-2006-24984 by displaying its code on "small aircraft" regional jet services operated by ExpressJet Airlines, Inc. Although Delta would remain authorized to offer such services pursuant to 14 C.F.R. § 206.5, Delta is seeking renewal of its exemption authority to provide it with the flexibility to offer large aircraft service in the future. Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com
July 1, 2008 Application of SkyWest Airlines for Renewal of Exemptions Applies, pursuant to 49 U.S.C. § 40109 and Subpart C of 14 C.F.R. Part 302, for renewal of exemptions authorizing SkyWest to continue providing scheduled foreign air transportation of persons, property and mail on the following U.S. -Mexico routes: (1) Salt Lake City-Guadalajara; (2) Salt Lake City-Mazatlan; and (3) Salt Lake City-San Jose del Cabo, including authority to combine the exemptions with other SkyWest certificate and exemption authority. Pursuant to its exemption authority, SkyWest currently operates nonstop service as a Delta Connection carrier in cooperation with Delta Air Lines on each of the above‑referenced routes. This SkyWest‑operated Delta Connection service is currently offered on a seasonal basis on all three routes. Accordingly, SkyWest requests that its renewed exemption authority confirm that SkyWest may continue to operate all three of these U.S. ‑Mexico routes on a seasonal basis. See Application of Delta and Sky West in Docket OST-2006-25495, dated July 27, 2006, indicating SkyWest's Salt Lake City-Guadalajara and Salt Lake City-San Jose del Cabo service will be seasonal; and Letter of Delta in Dockets OST-2005-21724, OST-2006-25495 and OST-2006-26723 (filed April 27, 2007, and approved May 30, 2007) advising that SkyWest's Salt Lake City-Mazatlan service will be seasonal. Counsel: Skywest and Crowell & Moring, Lorraine Halloway, 202-624-2538 |
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