OST-98-3325 / Trans World Airlines / Exemption, Cargo Codeshare with Air New Zealand / January 13, 1998

 

NOTICE: Under Rule 406 of the Department's Rules of Practice ( 14 C.F.R §302.406), any person may support or oppose this application by filing an answer and serving a copy of the answer upon the applicant and all persons served with the application on or before January 28, 1998.

 

Application of

TRANS WORLD AIRLINES, INC.

For an exemption pursuant to 49 U.S.C. § 40109

(New Zealand, Australia, London and Frankfurt via code share with Air New Zealand )

 

APPLICATION OF TRANS WORLD AIRLINES, INC.

FOR AN EXEMPTION

 

Pursuant to 49 U.S.C.§40109, TWA requests an exemption from 49 U.S.C. § 41101, and such other relief as the Department may deem necessary and proper, to provide code share service for cargo, including both freight and mail, between Los Angeles on the one hand. and New Zealand, Australia, London, and Frankfurt, on the other. This will enable TWA to provide through code share service with Air New Zealand for cargo between its domestic route system and these foreign destinations. In support of its application, pursuant to Section 302.402 of the Department's Rules, TWA states as follows:

1. TWA is a Delaware corporation with its principal place of business located at One City Centre, 515 North 6th Street, St. Louis, Missouri, 63101.

 

TWA Exemption Application

Page 2

 

2. TWA is a citizen of the United States within the meaning of 49 U.S.C. § 40102 (15), as its president and two-thirds of its Board of Directors and other managing officers are U.S. citizens and at least 75 percent of its voting stock is owned or controlled by U.S. citizens.

3. TWA is presently engaged in scheduled air transportation of persons, property and mail pursuant to certificates of public convenience and necessity issued under Section 401 of the Federal Aviation Act. TWA is fit, willing and able to perform the foreign air transportation applied for herein.

4. As more fully described in the Joint Application for Statements of Authorization being filed with the Licensing Division, TWA proposes to place its code on Air New Zealand's services in the following markets for purposes of carrying cargo only:

Los Angeles -

Auckland and Christchurch, New Zealand Sydney, Melbourne, and Brisbane, Australia London, England (via Heathrow Airport) Frankfurt, Germany

 

TWA does not now have authority to serve Australia or New Zealand. Under its certificate for Route 147, it has authority to serve London and Frankfurt from New York and St. Louis, but requires additional authority from Los Angeles.

 

TWA Exemption Application

Pace 3

 

5. Grant of TWA's application is clearly in the public interest. TWA will expand U.S. flag capacity for the transportation of cargo between the U.S. and Australia, New Zealand, the United Kingdom, and Germany, and will provide and additional competitive alternative in these markets.

WHEREFORE, Trans World Airlines, Inc. respectfully requests, pursuant to 19 U.S.C. § 40109, that the Department issue it an exemption for authority to provide code share service, limited to the transportation of cargo, between Los Angeles, on the one hand, and Auckland, Christchurch, Sydney, Melbourne, Brisbane, London, and Frankfurt, on the other, and for such other relief as the Department may deem appropriate.

 

Respectfully Submitted,

Richard J. Fahy , Jr.

Attorney for Trans World Airlines, Inc.

January 13, 1998