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OST-00-7826

Trans World Air Lines, Inc. and Ukraine International Airlines

Counsel:  Glenn Wicks, 202.457.7790 

Trans World Air Lines, Inc. and Ukraine International Airlines

American Airlines, Inc. hereby answers in strong opposition to the captioned applications submitted on August 18, 2000 by Trans World Airlines, Inc. and Ukraine International Airlines seeking authorization to engage in codesharing services between the Ukraine and points in the United States via London and Paris.  These applications should be summarily dismissed as untimely. By Show-Cause Order 2000-8-11, August 10, 2000 in U.S.-Ukraine Third-Country Codeshare Opportunities, OST-00-7784, the Department tentatively assigned the last remaining U.S.-Ukraine codesharing opportunity to American to engage in services between the U.S. and Kiev via Zurich with Swissair. For more than four months, TWA and Ukraine Airlines failed to show any interest. The Department should immediately finalize Order 2000-8-11 so that American and Swissair may implement their proposed codesharing services without further delay.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@aa.com 

Trans World Air Lines, Inc. and Ukraine International Airlines

TWA urges the Department to reject American's Answer in this proceeding as wholly inapplicable. Specifically, TWA again asserts that there is no need to deny TWA and Ukraine International exemption authority on the grounds that American urges the grant to it of a third country code-share Designation. The narrow legal issue presented to the Department is whether to make final its tentative decision to grant a Designation currently belonging to TWA to American in Docket OST 00-7784. Exemption authority in the instant proceeding is a wholly separate matter. Specifically, the Department may choose to grant TWA and Ukraine International's requests for exemption and statement of authorization subject to the requirement that the separate grant of a Designation is required. Indeed, TWA again points out that there may be extra-bilateral remedies that do not implicate the Designation sought in this proceeding by both TWA and American.

Counsel:  Glenn Wicks, 202.457.7790 

United Air Lines, Inc., Southern Air Transport, Inc., Trans World Airlines, Inc. and Trans World Airlines, Inc./Ukraine International Airlines

By:  Paul Gretch

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