OST-98-4890
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OST-98-4890
| OST-98-4890 | December 9, 1998 |  Application for an Exemption |
Kansai/Osaka-Chicago O'Hare |
| Service List |
JAL's new nonstop service commencing May 1, 1999 will restore direct service between Chicago and Osaka. Only connecting service is available at present. JAL's service will be operated on Tuesdays, Wednesdays, Thursdays, Saturdays and Sundays.
Counsel: Steptoe Johnson, William Karas, 202-429-6223
| OST-98-4890 | December 10, 1998 | Re: Application for Exemption - Correction |
High Density Rule - Chicago O'Hare |
| Attachment 1: JFK/ORD Slot Schedule Request for Summer 1999 | |||
| Attachment 2: JFK/ORD Slot Allocation for Summer 1999 |
We enclose Attachments Nos. l and 2 to the above application which were inadvertently omitted when the application was filed yesterday. We also wish to correct the parenthetical reference appearing after "Order 98-6-8" in footnote No. 2 which should read "(Iberia)" and not "(JAL)." We apologize for any inconvenience these oversights may have caused.
Counsel: Steptoe & Johnson LLP, Benjamin Achenback for JAL, 202.429.6289, bachenba@steptoe.com
Japan Airlines, Inc., Ltd. / All Nippon Airways Co., Ltd.
| OST-98-4890 OST-98-4902 |
December 24, 1998 | Consolidated Answer of Delta |
High Density Rule - Chicago O'Hare |  HTML |
The time has come for the Department to take a firm stand and take affirmative steps to enable U.S. carriers to implement the U.S.-Japan services authorized under the 1998 MOU. The Department stated that the MOU "would produce enormous public benefits in terms of the range of price and service options available to travelers in the market, and would remedy many of the serious service and structural deficiencies that have adversely affected the market for many years." Order 98-5-17 at 5. However, de jure access without de facto access is a hollow achievement. The anticipated benefits of the 1998 MOU will not come to pass so long as Delta and other MOU carriers are unable to obtain Narita slots with which to implement the competitive services authorized under the bilateral.
Wherefore, Delta urges the Department to immediately initiateconsultations with the Government of Japan to secures the means for U.S. carriers to obtain Narita slots and to defer action on the instant applicationspending satisfactory completion of those discussions.
Counsel: Shaw Pittman, Robert Cohn, 202.663.8060
Japan Airlines / All Nippon Airways
| OST-98-4890 OST-98-4902 |
January 4, 1999 | Consolidated Response of US Airways to Answers
of Delta Air Lines and American Airlines and Motion for Leave to File |
High Density Rule - Chicago O'Hare Slots | HTML |
| Service List |
In an attempt to exercise rights awarded to them by the Department ofTransportation, U.S.-flag carriers are being unlawfully denied commercially viable access to foreign airports. In these situations, U.S. international flag carriers mustrely on the efforts of the U.S. Government.
The DOT has a positive public obligation to support U.S. consumers, communities, and carriers. Declining to do so would cede to foreign governments the power to exercise bilateral rights in a manner advantageous to their flag carriers. Unless the U.S. Government acts forcefully, foreign governments will be further encouraged to discriminate against U.S. constituents.
Counsel: O'Melveny & Meyers LLP, Joel Burton, 202.383.5300
| OST-98-4890 | January 6, 1999 | Reply of Japan Airlines |
High Density Rule - Chicago O'Hare | HTML |
Delta's opposition to JAL's application is a weapon of the bluntest sort and DOT should decline Delta's invitation to use it. The remedy Delta seeks against JAL is neither proportional nor relevant to the problem Delta would like to see' resolved. Accordingly, JAL asks the Department to deny Delta's request for deferral and to grant JAL's exemption request forthwith.
Counsel: Steptoe Johnson, William Karas, 202-429-6223
Japan Airlines Co., Ltd. / All Nippon Airways Co., Ltd.
| OST-98-4890 OST-98-4902 |
January 6, 1999 | Consolidated Reply of United Air Lines and
Motion for Leave to File |
High Density Rule - Chicago O'Hare | HTML |
In the event that the Department, contrary to United's position set forth above, should decide to uphold the objections of American and Delta, the same action should be taken in equal measure with respect to both Japanese carriers. No party to this proceeding has suggested otherwise except by implication. United, therefore, reserves the right to submit further comment should any party suggest discrimination as between the two Japanese carriers applications.
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manely@kirkland.com
| OST-98-4890 | January 7, 1999 | Contingent Motion for Leave to File and Reply |
High Density Rule - Chicago O'Hare | HTML |
US Airways lacks standing to challenge JAL's application. It has never served Japan and it voluntarily withdrew a recent application to do so in the 1998 U.S.-Japan Combination Services Proceeding. The only matter raised by US Airways that has any direct connection with its own interests concerns its inability to obtain slots at London's Gatwick Airport for its Charlotte-London service. This has nothing whatsoever to do with either JAL's application for summer season slots at O'Hare to enable it to restore valuable nonstop service between Osaka and Chicago.
Counsel: Steptoe & Johnson LLP, William Karas, 202.429.6223
| OST-98-4890 | January 15, 1999 | Ministry of Transport Japan - Letter in
Support |
Exemption - Slots - Chicago - Osaka, Japan |
By: Ministry of Transport Japan, Yasutaka Tsuruno, Deputy Director, General for International Affairs Civil Aviation Bureau
AIR FRANCE / SCANDINAVIAN AIRLINE SYSTEM / LUFTHANSA GERMAN AIRLINES / JAPAN AIRLINES CO., LTD. / ALL NIPPON AIRWAYS CO., LTD. / COMPANIA MEXICANA DE AVIACION, S.A. DE C.V. / IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A. / CZECH AIRLINES (CSA)
| OST-98-4824 OST-98-4826 OST-98-4869 OST-98-4890 OST-98-4902 OST-98-4946 OST-99-4981 OST-99-4998 |
January 20, 1999 |  Motion for Leave to File
and Consolidated Answer of The City of Chicago |
High Density Rule - Chicago O'Hare | HTML |
For several reasons, Chicago strongly urges the Department to grant expeditiously the slot exemptions requested in these eight applications for the purpose of initiating or continuing air service at O’Hare. First, grant of these exemptions is in the public interest, providing both inter- and intra-gateway competition, while benefiting the traveling and shipping public. Chicago conservatively estimates the collective economic benefit of this international air service to be over $964 million for the Chicago region in terms of increased jobs, trade, and tourism. Second, unlike the only occasion in which the Department turned down a foreign air carrier application for a slot exemption at O’Hare, each of the carriers in the instant proceedings except Czech Airlines filed a timely request for slots with the FAA. And, in the case of Czech Airlines, it filed a late application with the FAA only because it was unable to finalize plans to obtain the necessary equipment to serve the flight.
Counsel: Chicago and Winthrop Stimson, Kenneth Quinn, (202) 775-9898, quinnk@winstim.com
Japan Airlines Company, Ltd. / All Nippon Airways Co., Ltd.
| Order 99-2-25 OST-98-4890 OST-98-4902 |
Issued and Served February 22, 1999 | Order Granting Applications for Slot Exemptions at Chicago
O'Hare Airport |
High Density Rule - Chicago O'Hare |
We find that grant of these exemptions is consistent with the public interest. In reaching this decision, we recognize that ANA and JAL filed timely requests with the FAA for slots, and that due to hourly constraints the FAA has not been able to accommodate those requests. ANA and JAL have been properly authorized by their government to provide scheduled foreign air transportation in the Chicago-Tokyo and Chicago-Osaka markets, respectively, and our action here will provide the traveling public with important new services.
By: Charles Hunnicutt
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