Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar

OST-2002-13527

 http://www.usa3000airlines.com/


USA 3000 Airlines

OST-02-13527 October 4, 2002 Application for an Exemption US-Mexico Scheduled Service
    Exhibits  
    Service List  

By this application, USA 3000 seeks an exemption from 49 U.S.C. y41 101 to engage in scheduled foreign air transportation of persons, property and mail between the U.S. and Mexico as more fully described in Exhibit USA3K-100-103 herein. USA 3000 plans to begin service to Mexico on these routes on or about December 17, 2002 or as soon thereafter as all necessary Mexican licenses have been obtained. USA 3000 intends to operate these services with its fleet of new, state-of-the-art, Airbus A-320 aircraft (168Y).

Counsel: Pierre Murphy,  202 822-8050


Brendan Airways, LLC d/b/a USA 3000 Airlines

OST-02-13527 October 29, 2002
Docketed October 30, 2002
Notice of Action Taken U.S.-Mexico Scheduled Service

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Baltimore, Maryland, and the terminal point Cancun, Mexico; (2) the terminal point Cincinnati, Ohio, and the terminal point Cancun, Mexico; and (3) the terminal point Chicago, Illinois, and the terminal point Durango, Mexico.

By: Paul Gretch



OST-03-15021 - Waiver of the Dormancy Conditions on Limited-Entry Route Authority
OST-02-13527 - US-Mexico (Chicago-Durango)

March 16, 2004

Notice of USA 3000 Airlines

To the extent necessary, USA 3000 requests leave to file late the Notice required by Order 03‑4­-18 No other U.S. carrier currently operates to Durango and no party will be prejudiced by this late filing.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com



OST-02-13527 - US-Mexico Scheduled Service

June 17, 2004

Application for Renewal of Exemption Authority

Hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation on the following U.S. - Mexico routes:

By this Exemption, USA 3000 was also awarded scheduled authority on the route Chicago-Durango, however USA 3000 is not seeking renewal of that authority herein.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com



OST-02-13527 - US-Mexico Scheduled Service

July 2, 2004

Answer of State of Maryland in Support of Application of USA 3000 Airlines for Renewal of Exemption

Throughout last year, USA 3000 Airlines provided the only nonstop scheduled service to Cancun from the region. Currently, USA 3000 Airlines operates twice weekly from BWI to Cancun. Its BWI service commands 84 percent of the weekly seats to Cancun from the region, and has exhibited strong load factors throughout its service history. Cancun ranks as the fifth largest international destination and the top Latin American destination for passengers in the region.

Counsel: Preston Gates, Jonathan Blank and David Thomas, 202-628-1700



OST-02-13527 - US-Mexico Scheduled Service

Filed June 17, 2004 | Issued July, 21, 2004

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between (1) the terminal point Baltimore, Maryland, and the terminal point Cancun, Mexico, and (2) the terminal point Cincinnati, Ohio, and the terminal point Cancun, Mexico.

By: Paul Gretch



OST-2002-13527 - Exemption - US-Mexico Scheduled Service

April 21, 2005

Amendment #1 to Exemption Authority

hereby applies for an amendment to its Exemption authorizing USA 3000 to, inter alia engage in scheduled combination air transportation on the U.S. - Mexico route Baltimore, MD - Cancun, Mexico, to the extent necessary to authorize service to Cancun from Washington-Dulles (IAD) to afford maximum utilization of the bilateral designation of USA 3000 on the Washington/Baltimore-Cancun city-pair.

USA 3000 and United are the two U.S. carriers designated on the Washington/Baltimore ‑ Cancun city‑pair, with USA 3000 licensed herein to operate on Baltimore (BWI) ‑ Cancun and United licensed on Washington (lAD) Cancun.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmpurphy.com



OST-2002-13527 - USA 3000 Airlines - Baltimore-Cancun
OST-2003-16210 - United Air Lines - Washington, DC-Cancun

May 4, 2005

Re: Letter Requesting Comparative Carrier Selection

On behalf of AirTran Airways, Inc., we ask the Department to institute a comparative carrier selection proceeding for Washington/Baltimore ‑ Cancun, Mexico services. Such a proceeding will assure that the limited traffic rights available under the U.S.‑Mexico bilateral are put to the highest and best use possible by selecting the carriers that will maximize public benefits under the Department's traditional carrier selection criteria.

At the time the Department "deferred" the US Airways application, AirTran was actively preparing an application for BWI-CUN. AirTran has a substantial connecting complex of low-fare scheduled services at BWI, where it now provides air services to 10% of the total BWI market and is the second largest operator after Southwest Airlines, Inc. AirTran's initiation of scheduled services between BWI and CUN is therefore a logical expansion of those operations (AirTran currently has pending in Docket OST-2005-21134 an application for exemption authority to provide scheduled combination services in the ATL/MCO/TPA-CUN markets, with a start date of December 15, 2005.) Because of the Department's decision to "defer" the US Airways application in anticipation of some liberalization of the bilateral following talks with the Government of Mexico, AirTran refrained from submitting its application for BWI-CUN authority.

Counsel: Wiley Rein, Edward Faberman, 202-719-7000



May 12, 2005

Motion of AirTran Airways to File Late and for Institution of a Carrier Selection Proceeding

In its current form, the U.S.-Mexico bilateral describes "Washington/Baltimore" as a single gateway point, despite the now obvious fact that traffic and services at BWI and lAD, the actual gateway airports, have grown enormously in recent years and that these airports now serve densely populated and distinct markets - the Greater Northern Virginia and Greater Baltimore metropolitan areas that are located in different states. The bilateral also limits the U.S. to double designation, i.e., the U.S. may not designate more than two U.S. air carriers to provide scheduled combination services on the route at any given time.

At present, the designated U.S. carriers on the route operate under standard (2 year) exemptions that are renewable on a showing that such action would be consistent with the public interest. One carrier is USA 3000 which has exemption authority to operate BWI-CUN scheduled combination services granted initially in 2002 and renewed by Notice of Action Taken dated July 21, 2004, in this Docket. That authority expires on July 21, 2006. The other carrier is United Air Lines, Inc. which has exemption authority to operate IAD-CUN scheduled combination services initially granted by Notice of Action Taken dated October 9, 2003, Docket OST-2003-16210.

On March 30, 2004, US Airways, Inc. filed an application for BWI-CUN exemption authority to operated scheduled flights. By Notice of Action Taken dated May 20, 2004, in Docket OST-2002-13855, the Department "deferred" action on the US Airways application in light of the restrictions in the bilateral and the authority already granted to USA 3000 and United. The US Airways application continues in "deferred" status.

AirTran currently has pending in Docket OST-2005-21134 an application for exemption authority to provide scheduled combination services in the ATL/MCO/TPA-CUN markets, with a start date of December 15, 2005.

Counsel: Wiley Rein, Bert Rein, 202-719-7045, brein@wrf.com


May 13, 2005

United Air Lines Notice of Intent to File Answer to the Motion of AirTran

Hereby notifies the Department that United intends to file an answer to the motion of AirTran Airways late file and for institution of a carrier selection proceeding filed May 12, 2005 and to the related letter filed by AirTran on May 4, 2005 in Docket OST-02-13527. United will file its answer to both pleadings on May 19, 2005, the date when answers to AirTran's motion are due.

Counsel: Wilmer Cutler, Jonathan Moss, 202-663-6655, jonathan.moss@wilmerhale.com



OST-2002-13527 - US-Mexico Scheduled Passenger

May 19, 2005

Answer of USA 3000 Airlines to Motions of AirTran

USA 3000 submits that both in its Motion herein as well as in its May 4 letter to the Assistant Secretary, AirTran has advanced no valid reason for the institution of a carrier­ selection proceeding at this very late stage. Since USA 3000 commenced scheduled service in the Washington/Baltimore ‑ Cancun market in 2002, it has made full use of the rights Common names are used herein.

Simply because AirTran at the this very late date has belatedly become interested in the market is a totally insufficient reason to displace an incumbent carrier such as USA 3000 which has invested considerable and valuable resources in developing the route and which, by it April 21 exemption amendment application, is merely trying to maximize the useage of valuable rights conferred by a restrictive bilateral agreement.

Counsel: USA 3000, Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com

OST-2003-16210 - United Air Lines - Washington, DC (Dulles)-Cancun



OST-2002-13527 - US-Mexico Scheduled Service - Baltimore-Cancun

May 23, 2005

Answer of United Air Lines to the Motion of AirTran Airways to Late File and for Institution of a Carrier Selection Proceeding

Not only is AirTran' s request for a route proceeding inconsistent with the Department's renewal policy, it is also action for which there is no precedent. AirTran ignores the fact that the Department has never before confiscated operating authority that is being fully utilized by the carrier holding such authority in order to reallocate the authority to another carrier promising what it claims to be better service.

AirTran erroneously states that at least four carriers (United, US Airways, USA 3000, and AirTran) now "wish" to provide competitive services in the Washington/Baltimore-Cancun market. United does not need to "wish" to provide service, because United providing competitive service in that market. United currently operates daily flights in the Washington, D.C.-Cancun market, offering service not only to travelers from the WashingtonlBaltimore area, but also to passengers connecting through United's primary hub at Washington's Dulles International Airport. United's Washington, D.C.-Cancun service has been successful and United has filed an application to "convert" its temporary Washington-Cancun exemption authority into temporary certificate authority. See Application of United Air Lines, Inc. for Renewal and Amendment of a Certificate of Public Convenience and Necessity (U.S.-Mexico), Docket OST-99-5846, November 23, 2004. United will apply for renewal of its exemption authority to serve that market when that authority comes up for renewal, unless United's certificate application is granted in the meantime.

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com



OST-2002-13527 - Exemption - Washington Dulles/Baltimore-Cancun)

June 3, 2005

Motion for Leave to File and Consolidated Reply of AirTran Airways to Answers to Motion to Institute Carrier Selection Proceeding

AirTran Airways  submits this motion for leave to file this consolidated reply to the answers of USA 3000 and United Air Lines to AirTran' s motion for institution of a Washington/Baltimore - Cancun, Mexico Combination Service Proceeding, filed on May 19 and May 23, 2005, respectively. Predictably, both carriers claim a vested interest in the markets served. That vested interest, they argue, should bar DOT from conducting a review of other applications and the enhanced public benefits they could provide so long as the incumbents are providing adequate service. They also contend that allowing such a comparative review of exemption authority on a limited designation foreign route would impose an undue burden on DOT's resources.

Counsel: AirTran and Wiley Rein, Bert Rein, 202-719-7045, brein@wrf.com



OST-2002-13527 - US-Mexico Scheduled Passenger (Washington Dulles/Baltimore-Cancun)

June 14, 2005

Reply of United Air Lines to the Motion for Leave to File and Consolidated Reply of AirTran Airways

AirTran is urging DOT to overturn long‑standing precedent by reopening route awards in this market without even addressing the question of why AirTran has waited until now, when all existing bilateral opportunities have been exhausted, to show any interest in this market. The second designation was requested by USA 3000 less than two years ago and, yet, AirTran was nowhere to be seen or heard. AirTran is now seeking to divest either United or USA 3000 of authority that they acquired in a timely manner and in which they have invested resources to develop. The recent growth of this market to which AirTran alludes is due largely to the efforts of United and USA 3000, which seized the opportunity and developed the market. Why AirTran's management failed to share this vision is not explained. But it is hardly consistent with the public interest or a sound regulatory policy to reward such shortsighted management by acting as AirTran proposes to punish those carriers who were able to identify and invest in market opportunities.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, Jeffrey.Manley@wilmerhale.com



OST-2002-13527 - Exemption - US-Mexico Services

June 21, 2005

Motion for Leave to File and Response of US Airways

US Airways has waited for more than a year to launch competitive nonstop service to Cancun from Washington, D.C., and its application to do so remains pending before the Department. Last May, the Department deferred action on US Airways' application because other U.S. carriers were utilizing the only two designations available under the U.S.-Mexico bilateral to serve the combined "Washington/Baltimore market." See Notice of Action Taken, dated May 20, 2004 (Docket OST-02-13855). Today, US Airways remains ready, willing, and eager to begin that Cancun service.

AirTran's proposal amounts to little more than a gambit to "cut in line" ahead of US Airways ‑an unreasonable and unfair demand that should be swiftly rejected. US Airways alone has long expressed a strong desire to the Department to serve Cancun nonstop from Washington, as evidenced by its application last year. Meanwhile, AirTran was silent. The public interest lies in encouraging those who demonstrate a commitment to serve, and make use of available opportunities in, limited entry markets. Fundamental fairness and public policy dictate that US Airways' application be afforded priority for any new Washington, DC/Baltimore‑Cancun opportunities that become available

Counsel: US Airways and O'Melveny & Myers, Patrick Rizzi, 202-383-5300, prizzi@omm.com



OST-2002-13527 - Exemption - Washington Dulles-Cancun

October 17, 2005

Supplement to Application for Amendment of Exemption

Pursuant to the Department's Notice dated October 5, 2005 concerning applicable procedures to supplement already‑filed applications and/or new exemption/certificate applications for new U.S.‑Mexico opportunities, USA 30001 respectfully supplements its application for amendment of exemption requesting that it be authorized to engage in scheduled foreign air transportation of persons, property and mail on the following U.S. Mexico route: 

Washington, D.C. (IAD) - Cancun, Mexico.

Since its April 21, 2005 application to amend its exemption, the U.S. and Mexico have now agreed that Washington, D.C. and Baltimore, MD are from now on to be regarded as separate points. Pursuant to its April 21 application herein, it remains USA 3000's intention to continue to operate BWI-CUN scheduled service and to initiate IAD-CUN scheduled services as soon as possible.

Counsel: Pierre Murphy, 202-776-3980, pmuprhy@lopmurphy.com



OST-2005-22636 - Exemption - Newark/Chicago-Cancun
OST-2005-22637 - Exemption - Chicago-Puerto Vallarta / Milwaukee, Cleveland, St. Louis, Detroit-Cancun
OST-2005-22802 - Exemption - Chicago-San Jose del Cabo
OST-2002-13527 - Exemption - Washington Dulles-Cancun

November 30, 2005

Revised Start-Up Dates

Pursuant to your office's recent request in light of the delayed implementation of the ad referendum agreement of September 21, USA 3000 respectfully submits revised start-up dates for its currently-pending applications for various U.S.-Mexico scheduled combination services as follows:

Docket OST# Routing Proposed Start-Up Date Revised Start-Up Date
2005-22636 Chicago-Cancun
New York-Cancun
12/12/05
12/12/05
Within 30 days of Award of Authority
2005-22637 Chicago-Puerto Vallarta
Milwaukee-Cancun
St. Louis-Cancun
Detroit-Cancun
12/12/05
12/18/05
12/12/05
12/12/05
Within 30 days of Award of Authority
2005-22802 Chicago-San Jose del Cabo 12/13/05 Within 30 days of Award of Authority
2002-13527 Washington(Dulles)- Cancun 12/12/05 Within 30 days of Award of Authority

With the uncertainty as to when the ad referendum agreement will be finalized, rather than submit a specific date for proposed implementation of service which might again come and go without any finalization of the agreement, USA 3000 is prepared to initiate scheduled service in the above markets as soon as reasonably possible, or within 30 days of any award of authority.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com



OST-2002-13527 - USA 3000 - Exemption - Washington Dulles-Cancun
OST-2002-13855 - US Airways - Boston, Charlotte, Ft. Lauderdale, Philadelphia, Pittsburgh-Cancun
OST-2005-22768 - AirTran - Exemption - Baltimore-Cancun

Filed March 30, 2004/April 21, 2005 | Supplemented October 17, 2005 | Issued December 15, 2005

Notice of Action Taken | Word

USA 3000:
Scheduled foreign air transportation of persons, property, and mail between Washington, D.C. and Cancun, Mexico.  USA 3000 states that it will initiate scheduled service in the subject market within 30 days of an award of the requested authority.

On April 21, 2005, USA 3000 requested an amendment to its existing exemption authority to serve the Baltimore-Cancun route, to the extent necessary to authorize service to Cancun from Washington, D.C. (Dulles).   On September 21, 2005, the United States and Mexico reached an ad referendum agreement on certain amendments to the U.S.-Mexico aviation agreement, including as concerns service between Baltimore and Washington, D.C., on the one hand, and Cancun, on the other.  By Notice dated October 5, 2005, the Department invited U.S. carriers to supplement already-filed applications and/or to file new exemption/certificate applications in light of the amendments.  On October 17, 2005, in response to the Department’s Notice, USA 3000 filed a supplement to its application confirming its intention to serve the Washington (Dulles)-Cancun market.

US Airways:
Scheduled foreign air transportation of persons, property, and mail between Baltimore, Maryland, and Cancun, Mexico.  US Airways proposes to operate this service on a seasonal basis, commencing operations before December 1, 2006.

On March 30, 2004, US Airway requested an amendment to its existing exemption authority for U.S.-Mexico service so that it might serve the Baltimore/Washington, D.C.-Cancun market.  By Notice of Action Taken dated May 20, 2004, we deferred action on the carrier’s request as there were no designation opportunities available.  United Air Lines, Inc. and USA 3000 were the incumbents in the market.  The Department noted that Washington/Baltimore was considered a single U.S. gateway under the bilateral agreement.  On October 17, 2005, in response to the Department’s October 5 Notice, US Airways filed a supplement to its application requesting exemption authority to serve only the Baltimore-Cancun market.

Granted: USA 3000’s request for Washington, D.C.-Cancun exemption authority.

Granted: US Airways’ request for Baltimore-Cancun exemption authority.

Granted: AirTran’s request for withdrawal of application in Docket OST-2005-22768.

By: Paul Gretch



OST-2002-13527 - Exemption - Washington Dulles-Cancun
OST-2004-19673 - Exemption - Baltimore-Puerto Vallarta; St. Louis-Puerto Vallarta

January 17, 2006

Re: Dormancy Notice

Due to the current situation in Cancun, USA 3000 wishes to advise the Department it no longer plans to operate service on Washington(IAD)-Cancun pursuant to authority granted by NOAT dated December 15, 2005.

Further, USA 3000 has no plans to operate service on Baltimore-Puerto Vallarta and St. Louis-Puerto Vallarta pursuant to NOAT dated December 6, 2004

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com



March 17, 2006

Application for Renewal of Exemption Authority

USA 3000 hereby applies for renewal of its Exemption authorizing USA 3000 to engage in scheduled combination air transportation on the following U.S.-Mexico route:

By Notice of Action Taken dated July 21, 2004, USA 3000 was granted renewal of its exemption authority for two years to conduct scheduled foreign air transportation of persons, property and mail on the routes set out above. The authority granted is set to expire by its own terms on July 21, 2006. USA 3000, therefore, requests that its authority to conduct scheduled combination service on these routes be extended by a further two years.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmurphy.com



April 3, 2006

Answer of State of Maryland in Support of Application of USA 3000 for Renewal

Maryland respectfully requests that the Department: (1) approve USA 3000 Airlines' application to renew its exemption authority for another two-year period; and (2) grant such other and further relief as the Department deems to be in the public interest.

Counsel: Preston Gates, Jonathan Blank, 202-628-1700, jblank@prestongates.com



Filed March 17, 2006 | Issued June 2, 2006

Notice of Action Taken | Word

Renew scheduled foreign air transportation of persons, property, and mail between (1) Baltimore, Maryland, and Cancun, Mexico; and (2) Cincinnati, Ohio, and Cancun, Mexico.

By: Paul Gretch



January 4, 2008

Application for Renewal of Exemption Authority

USA 3000 has been successfully operating scheduled combination service on these routes, utilizing Airbus A-320 aircraft.

Counsel: Pierre Murphy, 202-776-3980, pmurphy@lopmuprhy.com


 

 

 

Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar