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OST-2008-0139 - US Airways and Air China - US-China Codehsaring
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US Airways, Inc. and Air China Limited OST-2008-0139 - Statements of Authorization - US-China Codesharing April 16, 2008 Joint Application for Statements of Authorization - Bookmarked US Airways, Inc. and Air China Limited jointly apply for issuance of statements of authorization under 14 C.F.R. Part 212 in order to implement code-sharing arrangements. US Airways and Air China plan to codeshare between points in the United States and China, both non-stop and via intermediate points. The carriers request expedited treatment for this Joint Application. US Airways requests a statement of authorization for blanket codeshare authority to display Air China's "CA" designator code on flights operated by US Airways (1) between any points within the United States in conjunction with services held out by Air China between China and the United States (either non-stop or via third country intermediate points) and (2) between any points in the United States and any points in third countries. Air China requests a statement of authorization for blanket codeshare authority to display US Airways' "US" designator code on flights operated by Air China between any point in China and any point in the United States, either non-stop or via third country intermediate points. US Airways and Air China currently hold all underlying authority necessary to operate these flights. US Airways previously applied for exemption authority and a statement of authorization to codeshare on Air China-operated flights between points in China in a separate docket. (See Docket OST-2006-25967) Counsel: Wilson Elser, George Tompkins, 212-490-3000, george.tompkinsjr@wilsonelser.com
April 30, 2008 We have polled the air carriers on the attached service list regarding the above‑referenced Joint Application. We received no objections. Accordingly, we respectfully request expedited consideration of this Application. Counsel: US Airways, Howard Kass, 480-693-5782
May 22, 2008 Amended Joint Application for Exemptions and Statements of Authorization US Airways requests that the Department grant it exemption authority in order to engage in scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the United States, on the one hand, and any point or points in the People's Republic of China, on the other hand, pursuant to its codeshare arrangement with Air China. This would allow US Airways maximum flexibility and would be consistent with the Department's issuance of broad authority to other U.S. air carriers. (See, e.g., Notice of Action Taken, January 11, 2008, Docket OST-2003-16213 (granting broad exemption authority to United)).
US Airways also requests a statement of authorization for blanket codeshare authority to display Air China's "CA" designator code on flights operated by US Airways (1) between any points within the United States in conjunction with services held out by Air China between China and the United States (either non-stop or via third country intermediate points), and (2) between any points in the United States and any points in third countries. Air China requests that the Department grant it exemption authority in order to engage in scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the People's Republic of China, on the one hand, and any point or points in the United States, pursuant to its codeshare arrangement with US Airways. This broad authority would give Air China maximum flexibility and would be equivalent to the broad authority issued to Air China for operations pursuant to its codeshare arrangement with United. (See Notice of Action Taken, March 7, 2007, Docket OST-2003-16213, as extended automatically under 5 U.S.C. § 558(c), by the Application of Air China for Renewal of Exemption Authority dated March 5, 2008.). Air China also requests a statement of authorization for blanket codeshare authority to display US Airways' "US" designator code on flights operated by Air China between points within China, between points in China and points in third countries, and between any point in China and any point in the United States, either non-stop or via third country intermediate points. Counsel: Howard Kass, 202-326-5153, howard_kass@usairways.com for US Airways / Wilson Elser, George Tompkins, 212-490-3000-2624, george.tompkinsjr@wilsonelser.com for Air China
May 30, 2008 We have polled the air carriers on the attached service list regarding the above-referenced Amended Joint Application. We received no objections. Counsel: US Airways, Howard Kass
OST-2008-0139 - Statements of Authorization - US-China Codesharing Filed April 16, 2008 | Amended May 22 2008 | Issued June 5, 2008 Exemption for US Airways under 49 U. S.C. 40109 to provide the following services: Scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the United States, on the one hand, and any point or points in the People's Republic of China, on the other hand. US Airways states that it will operate these services pursuant to code-share arrangements with other U.S. and Chinese air carriers. Statement of authorization for blanket code-share authority for US Airways under 14 CFR Part 212 to: Display Air China's "CA" designator code on flights operated by US Airways (1) between any points within the United States in conjunction with services held out by Air China between China and the United States (either non-stop or via third country intermediate points) and (2) between any points in the United States and any points in third countries. Exemption for Air China under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any points or points in the People's Republic of China, and any point or points in the United States, pursuant to its code-share arrangement with US Airways. Statement of authorization for blanket code-share authority for Air China under 14 CFR Part 212 to: Display US Airways' "US" designator code on flights operated by Air China between points within China, between points in China and points in third countries, and between any point in China and any point in the United States, either non-stop or via third country intermediate points. Application of US AIRWAYS filed 9/25/06 as amended 4/16/08 for: Exemption for two years under 49 U.S.C. 40109 to provide the following services: Scheduled foreign air transportation of persons, property, and mail (1) between Chicago, Illinois and San Francisco, California on one hand and Shanghai, China and beyond, on the other hand, (2) between Chicago, Illinois; San Francisco, California; and Washington, D.C. (Duties), on the one hand, and Beijing, China and beyond, on the other, and (3) between San Francisco, California and Guangzhou, China. US Airways states that it will operate these services pursuant to code-share arrangements with other U.S. and Chinese air carriers. Granted request of US Airways to serve points beyond Beijing/Shanghai in conjunction with services between the United States and China in Docket DOT-OST-2006-25967 (subject to conditions, see below and decision section below) Dismissed, as moot, request of US Airways to serve the named U.S.-China points in Docket DOT-OST-2006-25967. At the time US Airways submitted its initial application, the carrier stated that it was negotiating a code-share agreement with Air China and would provide a copy of the agreement to the Department (needed to complete its application) as soon as it was available. US Airways provided a copy of the agreement on April 16, 2008. At the time of US Airways' initial application, United Air Lines, Inc. had applied for 7 additional frequencies to operate Washington, D.C.-Beijing service in the 2007 U.S.-China Combination and All-Cargo Frequency Allocation Proceeding (see Docket DOT-OST-2006-25275) and US Airways' corresponding exemption request was conditioned upon United's success in that proceeding. By Order 2007-2-10, United was allocated seven frequencies for the subject services. However, we were not able to act concurrently on US Airways' application as its application was not yet complete. US Airways intends to operate these services pursuant to its code-share arrangement with United Air Lines, Inc. and/or Air China Limited. We will grant US Airways and Air China a waiver of the 45-day advance filing requirement required under 14 CFR 212.10(d)(2), as no party opposed the request. By: Paul Gretch |
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