OST-97-2058 / American and British Airways / Request for Add'l Info / June 2, 1997

Mr. Carl B. Nelson, Jr.

Associate General Counsel

American Airlines, Inc.

1101 17th Street, N.W.

Suite 600

Washington, DC 20036

Mr. Richard H. Sauer

Counsel for British Airways Plc

Sullivan & Cromwell

1701 Pennsylvania Avenue, N.W.

Washington, DC 20006-5805

Dear Messrs. Nelson and Sauer:

On January 10, 1997, American Airlines, Inc. and British Airways Plc filed a joint application in Docket OST-97-2058, which included certain confidential materials (15 boxes) in support of their request for approval of and antitrust immunity for an Alliance Agreement. These materials were filed consistent with the Department's Preliminary Antitrust Immunity Evidence Request, dated November 26, 1996.

On April 16, 1997, Continental Airlines, Inc. and United Air Lines, Inc. filed comments regarding the applicants' request for confidential and in camera treatment. Among other things, these commenters stated that their initial review of these confidentially filed materials "proved to be impossible in the limited time allowed" because the Joint Applicants had failed to provide an index to the documents for which they are seeking confidential treatment, consistent with 14 C.F.R. 302.39 (e)(2)(i).

On May 22, 1997, the Department's Documentary Services Division, SVC-121.30, verified that the loins Applicants had failed to provide an index for their confidentially filed materials. Therefore, in order to facilitate review of these materials by any interested party, we find it appropriate to direct the Joint Applicants to submit, within three business days, a subject-index to documents that identifies each of the following elements for all submitted materials filed under Rule 39: (1) based on the Department's November 26, 1996, advisory memorandum to the Joint Applicants, the evidence request item (by number and description) that the materials are responsive to; (2) the associated box number; and (3) the associated Bates number or range.

While we have specified three descriptive elements to be employed in developing an index, our interest in this matter is to facilitate prompt and lull review of these materials by interested parties. For this reason, if the Joint Applicants can craft a more "user-friendly" index, we fully encourage and endorse the applicants' efforts. The above three categories, however, must be included.

Sincerely,

John Coleman

Director

Office of Aviation Analysis