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Sun Country Airlines, Inc. and MN Airlines, LLC

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7500 and Kennedy Graves, Bonnie Wilkins, 612.337.9300

Sun Country Airlines, Inc. and MN Airlines, LLC

Air Line Pilots Association strongly opposes the application of Sun Country Airlines, Inc., a certificated air carrier, and MN Airlines, LLC, a newly formed company, for an exemption from the provisions of 49 U.S.C. § 41105 to permit MNA to consummate a proposed acquisition of all of Sun Country's assets, and to commence operations as an air carrier, before the Department has an opportunity to consider and act upon the companies' Joint Application for transfer of Sun Country's certificate to MNA. As we shall show below, there is no apparent reason why this transaction requires, or should receive, such extraordinarily expedited treatment by the Department. Rather, as we shall also show, the applicants' effort to rush this transaction through appears to be designed to avoid and undermine the rights of Sun Country's pilots under their collective bargaining agreement. The Department should not allow itself to be used in this way.

Counsel:  Air Line Pilots Association, Jerry Anker, 202.797.4087

Sun Country Airlines, Inc. and MN Airlines, LLC

By:  Janet Davis 

ALPA's opposition to the Joint Application was based on the fact that, at the time it was filed, MNA had not agreed to be bound by the collective bargaining agreement between ALPA and Sun Country. On March 28, 2002, subsequent to the filing of ALPA's opposition, an agreement was reached between MNA, Sun Country, and ALPA in which MNA agreed to accept and be bound by the terms and conditions of ALPA's agreement with Sun Country, subject to certain conditions and modifications that all parties have agreed to. A premise of the agreement between ALPA and MNA is that should DOT grant MNA's and Sun Country's request for an exemption, the U.S. Bank National Association will promptly execute and deliver to MNA a bill of sale transferring to MNA all of Sun Country's interests in certain assets in which the Bank holds a security interest. Should the execution and delivery of that bill of sale not occur promptly after the issuance of the requested exemption, ALPA has reserved its right to request revocation of the exemption.

Counsel:  ALPA, Russell Bailey, 202.797.4087

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7500, epfaberman@uhlaw.com

Sun Country Airlines, Inc. and MN Airlines, LLC

This is a follow-up of my letter of March 29, 2002 in connection with the above captioned application. This letter amends the information provided in the March 29 letter in Section 3 of the "Ownership/Management" Section of the Requested Information in response to your letter of March 22, 2002 requesting additional fitness information.

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7500, epfaberman@uhlaw.com

Sun Country Airlines, Inc. and MN Airlines, LLC

By:  Janet Davis

Sun Country Airlines, Inc. and MN Airlines, LLC

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7500, epfaberman@uhlaw.com 

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7500, epfaberman@uhlaw.com

Sun Country Airlines, Inc. and MN Airlines, LLC

This is a follow-up to your letter of March 22, 2002 concerning the Joint Application of Sun Country, Inc. and MN Airlines, LLC for exemption from the provisions of 49 USC §41105 and for transfer of certificate authority. The following responds to your information request.

Counsel:  Ungaretti Harris, Edward Faberman, 202.639.7500, epfaberman@uhlaw.com 

Sun Country Airlines, Inc. and MN Airlines, LLC

This will serve as interim written confirmation of the Department's oral action taken April 5, 2002, granting the exemption application of Sun Country and MN Airlines (Docket OST-02-11860). When granted, the effective date for this exemption was set at April 12. However, at your request, we have modified the effective date to April 15. The parties should complete the proposed asset acquisition on the effective date. If for some reason the asset acquisition cannot be completed on April 15th, please advise me as soon as possible.

By:  Janet Davis

Sun Country Airlines, Inc. and MN Airlines, LLC

By this order, we (1) confirm our oral action of April 5, 2002, granting MN Airlines, LLC d/b/a Sun Country Airlines and Sun Country Airlines, Inc. a limited exemption from the transfer requirements of 49 U.S.C. 41105, (2) find that MN Airlines is fit, willing, and able to conduct interstate and foreign scheduled passenger operations as a certificated air carrier, and (3) transfer and reissue to MN Airlines the interstate scheduled certificate authority currently held by Sun Country, subject to various limitations.

While we find that MN Airlines is fit to conduct the operations authorized by the certificate and exemption authority issued to Sun Country, we will not transfer to it the Mexico authority previously issued to Sun Country under various exemptions. The U.S.-Mexico aviation regime is limited-entry in nature. In this regard, we have long­standing U.S.-Mexico licensing procedures providing for the award of U.S.-Mexico route authority only where an applicant has presented firm plans to serve. In addition, U.S.-Mexico route authority is subject to certain dormancy conditions, whereby the subject authority becomes dormant if not used for a period of 90 days. Sun Country ceased all scheduled operations to Mexico on or before December 8, 2001. Thus, the carrier's U.S.-Mexico route authority became dormant on or before March 7, 2002. As the dormant authority can no longer be used, we will cancel Sun Country's U.S.-Mexico authority by this order. Should MN Airlines wish to serve the U.S.-Mexico market in the future and has firm plans for such service, the carrier may apply for the authority at that time.

By:  Read Van de Water

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