[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18267]
[[Page Unknown]]
[Federal Register: July 27, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
[Docket 49674]
In the Matter of U.S.-Germany; Third Country Code-Share
Designations and Frequency Allocations
Summary
By this notice, we invite interested U.S. carriers to apply for the
two available designations and available frequencies for operation of
third-country code-sharing services in the U.S.-Germany market for the
period November 1, 1994-October 31, 1996.
Background
On May 24, 1994, representatives of the United States and the
Federal Republic of Germany signed a new Agreement for Transitional
Arrangements for Air Transport Services (Agreement). Under the
provisions of this Agreement, for the period November 1, 1994-October
31, 1996, two U.S. carriers may be designated to serve Germany pursuant
to code-share arrangements with two airlines of third countries.1
In holding out these services each airline may serve a single point in
the respective intermediate country, and no two airlines designated by
the same Party may serve the same intermediate point. In addition,
these operations are limited to a total of 1428 weekly one-way
frequencies.2
---------------------------------------------------------------------------
\1\ Eligible third-country code-share partners are limited to
any member of the European Union (except the Federal Republic of
Germany), Liechtenstein, Sweden, Norway, Finland, Iceland, Austria,
Canada, and Mexico. (Article 5 D(1).)
\2\Article 6, Section 4 B(1)(b). The Agreement also provides
that the frequency level increases to a total of 1848 weekly one-way
frequencies during the period November 1, 1996--October 31, 1997.
Id., Section 4 B(1)(c).
---------------------------------------------------------------------------
The Agreement further provides that thirty days prior to each
traffic season, each Party shall notify the other Party through
diplomatic channels of the initial allocation of the frequencies among
its airlines.3
---------------------------------------------------------------------------
\3\ Article 6, Section 5 A.
---------------------------------------------------------------------------
The U.S. previously was entitled to authorize only one carrier to
operate on a third-country code-share basis for U.S.-Germany services.
Northwest Airlines has been designated for this service since November
1993. When Northwest was last authorized (March 24, 1994) to use the
third-country code-share designation, it had requested that its
designation be effective through October 31, 1995. The Department, in
extending Northwest's designation through this summer season (i.e.,
October 31, 1994), deferred on a decision concerning which carriers
would be authorized to use available rights after November 1, and
stated that further procedures regarding these designations would be
announced at a later date.4
---------------------------------------------------------------------------
\4\See Notice served March 24, 1994 (not published in Federal
Register).
---------------------------------------------------------------------------
Applications
Given the provisions of Article 6, Section 4 B(1)(b) of the new
U.S.-Germany Agreement, we invite U.S. carriers interested in using the
available designations and frequencies for third-country code-share
operations in the U.S.-Germany market to file such applications in
Docket 49674.5
---------------------------------------------------------------------------
\5\ Northwest currently has an undocketed application on file
for this designation for the period through October 31, 1995. By
this notice, however, we are extending the period for which the
authorization will be effective pursuant to the terms within the new
Agreement. Therefore, rather than supplementing its previous
application, we will require Northwest to file a new application in
the established docket following the requirements set forth in this
notice. Northwest is free to attach and incorporate by reference its
previous application for this designation. In addition, since
Northwest is the only carrier that has used the third-country code-
share opportunity, we will require that its application also contain
the following information regarding its operations since November 1,
1993: (a) a statement of number of flights previously allocated, (b)
the markets served and frequencies per market and period of
operation for each market and (c) the aircraft types used for each
market.
---------------------------------------------------------------------------
Applications should include, at a minimum, the following
information: (a) the number of frequencies requested; (b) the code-
share partner involved and the country over which the services will be
provided; (c) existing authority held to conduct the operations, if
applicable;6 (d) proposed startup date;
---------------------------------------------------------------------------
\6\ Applicant carriers without the requisite underlying
authority to serve Germany should file certificate and/or exemption
applications to serve the affected markets no later than August 4,
1994. Response dates to such applications will correspond to those
set forth in this notice for applications for frequency
applications. (e) markets to be served, frequencies per market, and
duration of service in each market; and (f) type of aircraft to be
used in each market.
---------------------------------------------------------------------------
Applicants are also free to submit any additional information that
they believe will help us in making our decision.
An original and 12 copies of each application should be filed with
the Department's Docket Section, Room 4107, 400 Seventh Street SW,
Washington, D.C. 20590, in Docket 49674 and should be filed on all
parties on the attached list.
Procedural Schedule
In light of the 30-day advance notice requirements set forth in the
Agreement, it is important that we complete the designation/allocation
process as quickly as possible. Therefore, we will require that
applications and responsive pleadings be filed in accordance with the
following schedule:
Applications: August 4, 1994
Answers: August 11, 1994
Replies: August 18, 1994
We will serve this notice upon all U.S. air carriers licensed to
conduct scheduled foreign combination services with large aircraft, and
will publish this Notice in the Federal Register.
Dated: July 21, 1994.
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.
R Tenney Johnson, Counsel for Air Micronesia Inc, Suite 600, 2300 N
Street NW, Washington DC 20037
John Gillick, Counsel for America West Airlines, Winthrop Stimson
Putnam &, Suite 1200, 1133 Connecticut Ave NW, Washington DC 20036
Russell E Pommer, Counsel for Business Express Inc, Verner Liipfert
Bernhard, Suite 700, 901 15th Street NW, Washington DC 20005-2301
Lorraine B Halloway, Counsel for Continental Micronesia, D/B/A
Continental/Air Micronesia, Crowell & Moring, 1001 Pennsylvania Ave NW,
Washington DC 20004-2595
Richard P Taylor, Counsel for Evergreen Intl Airlines, Steptoe &
Johnson, 1330 Connecticut Ave NW, Washington DC 20036
Nathaniel Breed, Counsel for Federal Express, Shaw Pittman Potts &,
2300 N Street NW, Washington DC 20037
Marshall S Sinick, Counsel for Alaska Airlines Inc, Suite 500, 1201
Pennsylvania Ave NW, Washington DC 20004
Carl B Nelson Jr, Assoc General Counsel, American Airlines Inc, 1101
17th Street NW, Washington DC 20036
Robert N Duggan, Counsel for Carnival Air Lines Inc, Mercer Moore &
Assoc, Suite 502, 700 S Royal Poinciana Bl., Miami Springs Fl 33166
Robert E Cohn, Counsel for Delta Air Lines Inc, Shaw Pittman Potts &,
2300 N Street NW, Washington DC 20037
Carl B Nelson Jr, Counsel for Executive Airlines, D/B/A American Eagle,
1101 17th Street NW, Washington DC 20036
Jonathan B Hill, Counsel for Hawaiian Airlines, Dow Lohnes & Albertson,
1255 23rd St NW, Washington DC 20037
Marshall S Sinick, Counsel for Aloha Airlines Inc, Suite 500, 1201
Pennsylvania Ave NW, Washington DC 20004
Mark W Atwood, Counsel for American Trans Air, Galland Kharasch Morse
&, 1054 31st Street NW, Washington DC 20007
R Bruce Keiner Jr, Counsel for Continental Airlines, Crowell & Moring,
1001 Pennsylvania Ave NW, Washington DC 20004-2595
R Tenney Johnson, Counsel for DHL Airways, Suite 600, 2300 N Street NW,
Washington DC 20037
Jonathan B Hill, Counsel for Express One Intl, Dow Lohnes & Albertson,
1255 23rd St NW, Washington DC 20037
John R Degregorio, Counsel for MGM Grand Air Inc, Galland Kharasch
Morse &, 1054 31st Street NW, Washington DC 20007-4492
Peter B Kenney Jr, Assoc General Counsel, Northwest Airlines Inc, 901
15th Street NW, Washington DC 20005
Carl B Nelson Jr, Counsel for Simmons Airlines Inc, D/B/A American
Eagle, 1101 17th Street NW, Washington DC 20036
Stephen L Gelband, General Counsel to Tower Air, Hewes Moreles Gelband
&, Suite 300, The Flour Mill, 1000 Potomac St NW, Washington DC 20007
Nathaniel Breed, Counsel for USAfrica Airways Inc, 11180 Sunrise Valley
Dr, Reston VA 22091
Robert E Cohn/Sheryl Israel, Counsel for Worldwide Airlines Serv, Shaw
Pittman Potts &, 2300 N Street NW, Washington DC 20037
Jim Marquez, Counsel for Private Jet Expeditions, McNair & Sanford,
Madison Office Bldg, Ste 400, 1155 15th Street NW, Washington DC 20005
Mark W Atwood, Counsel for Spirit Airlines Inc, Galland Kharasch Morse
&, 1054 31st Street NW, Washington DC 20007-4492
Michael G Whitaker, Asst General Counsel, Reg & Intl Affairs, Trans
World Airlines, Suite 520, 808 17th Street NW, Washington DC 20006
Frank Cotter, Asst General Counsel, USAIR Inc, Crystal Park Four, 2345
Crystal Drive, Arlington VA 22227
Mark S Kahan, Counsel for Renown Aviation Inc, Galland Kharasch Morse
&, 1054 31st Street, Washington DC 20007-4492
Dennis N Barnes, Counsel for Sun Country Airlines, Morgan Lewis
Bockius, 1800 M Street NW, #600N, Washington DC 20036
Joel Stephen Burton, Counsel for United Air Lines Inc, Ginsburg Feldman
& Bress, Suite 800, 1250 Connecticut Ave NW, Washington DC 20036
Vance Fort, Senior VP-Govt/Legal, World Airways Inc, 13873 Park Center
Rd, Herndon VA 22071
[FR Doc. 94-18267 Filed 7-26-94; 8:45 am]
BILLING CODE 4910-62-P