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OST-2007-0095 - American and El Al Israel - US-Israel Reciprocal Codesharing

http://www.elal.com/
http://www.aa.com/


American Airlines, Inc. and EL AL Israel Airlines Ltd.

OST-2007-0095 - Statements of Authorization - US-Israel Reciprocal Codesharing

December 4, 2007

Joint Application for Statements of Authorization - Includes Codeshare Agreement and US-Israel Air Transport Agreement

American Airlines and El Al Israel Airlines hereby jointly apply for statements of authorization under 14 CFR Part 212 and for related exemptions under 49 USC 40109 in order to engage in reciprocal codeshare services between the United States and Israel and beyond.

American holds underlying route authority to serve between U.S. points and Tel Aviv (certificate for Route 137, segment 5, Order 1996-5-9, May 6, 1996). By this application, American seeks any additional exemption authority as required to display AA* on El Al-operated flights consistent with the governing Protocol.

El AL holds underlying route authority to serve between Israel and the U.S., both directly and via intermediate points. See Order 1986-3-58, March 19, 1986. By this application, El Al seeks any additional exemption authority as required to display LY* on American-operated flights consistent with the governing Protocol.

Counsel: Zuckert Scoutt, John Gillick, 202-973-7939, jegillick@zsrlaw.com for El Al / American, Carl Nelson, 202-496-5647, carl.nelson@aa.com



December 18, 2007

Answer of United Air Lines

To the extent that the carriers are proposing services that are fully consistent with the U.S.-Israel Agreement, United has no objection to their joint application. However, the Agreement strictly limits El Al to a restricted number of points in the United States (a total of 28 - 17 points plus New York and the 10 points allowed for direct service) and named points in Canada. The carriers have given notice of at least one point—Vancouver, Canada—which is beyond the scope of the Agreement. Without knowing what U.S. cities Israel has named as code-share points within the allowed limits, United cannot say whether the other code-share services proposed are consistent with the Agreement. Given the anti-competitive limits that have been agreed to protect Israeli carriers from competition with U.S. carriers under third country code-share arrangements, United urges the Department to adhere to the limits of the Agreement unless Israel adopts a more pro-competitive stance on the Agreement, especially as it relates to code-share authority for U.S. carriers.

United urges the Department to approve the instant application only to the extent that they are consistent with the terms of the Agreement and, before granting any such approvals, to resolve the issues relating to third-country code-share services pending in Docket OST-2002-12192 so that United and other U.S. carriers may proceed with their plans to offer additional third-country code-share services to Israel.

Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com



December 26, 2007

Joint Reply of American and El Al Israel

The Department should reject United's attempt to link approval of the American-El Al codeshare application with a ruling that agrees with United's interpretation of Article 1, Section 3 of the U.S.-Israel Agreement. There is no proper basis for action in this docket to be held hostage to approval of United's theory. In any event, the Department rejected United's position in 2001.

The short answer to United's "creative," but nonetheless erroneous, interpretation of Section 3 is that the Department got it right in Show-Cause Order 2001-4-24, issued a little over three months after the U.S.-Israel consultations were concluded on January 10, 2001, in describing the proper operation of Section 3 of Article 1. The U.S.-Israel Agreement has worked for nearly seven years in providing codesharing opportunities for airlines of both Parties, and United has not provided any, much less a compelling, reason for the Department to change its previously-expressed interpretation

Counsel: Zuckert Scoutt, John Gillick, 202-973-7939, jegillick@zsrlaw.com for El Al / Carl Nelson, 202-496-5647, carl.nelson@aa.com for American



Filed December 4, 2007 | Issued March 28, 2008

Notice of Action Taken | Word

Exemptions under 49 USC §40109 and statements of authorization pursuant to 14 CFR 212 of the Department’s regulations to engage in reciprocal code-share services between the United States and Israel and beyond.

American currently holds underlying route authority to serve between U.S. points and Tel Aviv (see Order 1996-5-9).  In the instant docket, American seeks any additional exemption authority as required to display American’s “AA*” code on El-Al-operated flights consistent with the Protocol between the United States and Israel dated July 11, 2001, as most recently extended by an Exchange of Notes dated March 30, 2007.  El Al currently holds underlying route authority to serve between Israel and the United States, both directly and via intermediate points (see Order 1986-3-58).  In the instant docket, El Al seeks any additional exemption authority as required to display El Al’s “LY*” code on American-operated flights consistent with the governing protocol.

By: Paul Gretch



August 14, 2008

30-Day Notice of Additional Codesharing

American Airlines, Inc. and El Al Israel Airlines Ltd., under Notice of Action Taken in this docket on March 27, 2008, Appendix D, condition (b), hereby notify the Department that no sooner than 30 days from now the additional codeshare services listed below will be implemented. All LY* passengers carried on American-operated flights will originate, terminate, or connect in Israel.

LY* on American:

Dallas/Ft. Worth-Toronto
Los Angeles-St. Louis
Newark-Indianapolis
Newark-Miami
JFK-Barcelona
JFK-Milan
JFK-Las Vegas
JFK-Orlando
JFK-Pittsburgh
JFK-San Juan
JFK-Tampa

Counsel: Zuckert Scoutt, John Gillick, 202-973-7939 for El Al / Carl Nelson, 202-496-5647 for American



October 7, 2008

30-Day Notice of Additional Codesharing

American Airlines, Inc. (and its affiliates American Eagle Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle) and El Al Israel Airlines Ltd., under Notice of Action Taken in this docket on March 27, 2008, Appendix D, condition (b), hereby notify the Department that no sooner than 30 days from now the additional codeshare services listed below will be implemented. All AA* passengers carried on El Al-operated flights will originate, terminate, or connect in Israel.

AA* on El Al:

Tel Aviv - Milan/Barcelona

Counsel: Zuckert Scoutt, John Gillick, 202-973-7979 for El Al / Carl Nelson, 202-496-5647 for American



March 25, 2009

Application for Renewal of Exemption

El Al Israel Airlines Ltd. hereby applies for a renewal of its exemption authorizing El Al to provide scheduled foreign air transportation of persons, property and mail pursuant to its codesharing agreement with American Airlines, Inc. El Al requests that this authority be extended for a period of two years.

The Department previously granted El Al authority for a period of one year to conduct reciprocal codeshare operations with American to the full extent permitted by the 2001 Protocol Between the United States and Israel, as amended by a 2007 Exchange of Notes. Notice of Action Taken, Docket OST-2007-0095, March 28, 2008. El Al's exemption expires on March 28, 2009. American's related exemption and statement of authorization, as well as El Al's statement of authorization, remain in effect.

Counsel: Zuckert Scoutt, John Gillick, 202-973-7939



January 20, 2010

Application for Renewal of Exemption

American Airlines hereby applies for renewal of its exemption, granted by Notice of Action Taken in this docket on March 28, 2008, authorizing scheduled foreign air transportation of persons, property and mail between the United States and Israel. American uses this authority for codesharing with El Al Israel Airlines.

The referenced NOAT also granted statements of authorization to American and El Al to engage in reciprocal codesharing. Those authorizations do not have expiration dates. The display of AA* on El Al-operated flights is currently suspended while Israel seeks to restore its IASA rating to Category 1.

Counsel: Carl Nelson, 202-496-5647



February 24, 2010

Amendment to Application for Renewal of Exemption

American Airlines, Inc. hereby amends the renewal application it submitted in this docket on January 20, 2010, which requested exemption authority between the United States and Israel. By this amendment, American seeks exemption authority between the United States and Israel and beyond, consistent with the initial Notice of Action Taken issued on March 28, 2008.

Counsel: American, Carl Nelson, 202-496-5647



Filed January 20, 2010 | Amended February 24, 2010 | Issued March 18, 2010

Notice of Action Taken

Renewal of scheduled foreign air transportation of persons, property, and mail between the United States and Israel and beyond.

American states that it uses this authority for codeshare services with El Al Israel Airlines, Ltd. We note that these code-share operations are suspended until the Government of Israel attains a Category I rating under the FAA’s International Aviation Safety Assessment program.

By: Paul Gretch



December 8, 2011

Blanket Codeshare Notification

American Airlines, Inc. (and its affiliates American Eagle Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle) and El Al Israel Airlines Ltd. hereby provide blanket notification of their intent to engage in reciprocal codeshare services:

  • Between points in the United States and points in the Israel (on a nonstop basis and intermediate routings via open skies points)
  • Between points in the United States
  • Between points in the Israel
  • Beyond Israel to open skies points
  • Beyond the United States to open skies points

American and El Al will notify the Department no later than 30 days before commencing codeshare services to or from non-open skies countries. American and El Al will conduct all of their codeshare operations in compliance with 14 CFR Part 257.

Counsel: Zuckert Scoutt, John Gillick, 202-973-7939 for El Al / Carl Nelson, 202-496-5647 for American



OST-2007-0095 - Statements of Authorization - US-Israel Reciprocal Codesharing with American Airlines

December 9, 2011

Application for an Amended Exemption

On December 8, 2011, El Al and American filed a blanket open skies codeshare notification in this docket. El Al now seeks the full authority available to it under the 2010 Air Transport Agreement Between the United States and Israel, which entered into force pursuant to an exchange of notes on March 29, 2011, and requests an amended exemption to the extent necessary for it to engage in scheduled foreign air transportation of persons, property, and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond.

Because Israel remains Category I under the IASA program, El Al cannot display American's AA* designator code on its flights. El Al requests that the Department proceed to issue the requested amended exemption to give El Al the maximum flexibility to market on American's flights, and to be positioned to once again operate American-marketed flights upon Israel's return to Category 1.

Counsel: Zuckert Scoutt, John Gillick, 202-973-7939



December 15, 2011

Re: Polling Results

On December 9, 2011, EI Al Israel Airlines Ltd. filed an Application for an Amended Exemption in the above-referenced docket.

We have completed polling and no carrier has objected to the grant of El AI's application. We respectfully request that the Department proceed to grant the requested authority as soon as possible.

Counsel: Zuckert Scoutt, John Gillick, 202-973-7939



Field March 25, 2009 and December 9, 2011 | Issued December 22, 2011

Notice of Action Taken

Renewal and amendment of exemption from 49 USC §41301 to permit the applicant to engage in scheduled foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond.

El Al’s current exemption permits it to engage in reciprocal code-share services, with American Airlines, Inc. between the United States and Israel and beyond. El Al states that it now seeks the full authority available to it under the Open Skies Agreement between the United States and Israel.

By: Paul Gretch


 

January 23, 2013

Notice of Codesharing

On November 1, 2012, the FAA announced that Israel was upgraded to a Category 1 IASA rating. El Al is pleased to inform the Department that AA*/LY codesharing operations will resume on March 31, 2013, on the following routes:

  • Between Tel Aviv and New York John F. Kennedy Airport (JFK), Los Angeles and Newark;
  • Between Tel Aviv and the European gateways in London (LHR), Paris, Madrid, Frankfurt and Rome; and,
  • Between Barcelona, Zurich, Milan and Tel Aviv.

Counsel: Zuckert Scoutt, Malcolm Benge


 

December 18, 2013

Application for Renewal and Amendment of Exemption

EL AL hereby applies for a renewal and amendment of its exemption authority authorizing EL AL to engage in scheduled foreign air transportation of persons, property and mail.

The Department previously granted EL AL exemption authority to engage in scheduled foreign air transportation of persons, property, and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond, consistent with the expanded authority available under the U.S. Israel Open Skies Agreement. Notice of Action Taken, December 22, 2011 (Docket OST-2007-0095). The current exemption (renewed when Israel had been assigned a Category 2 rating from the Federal Aviation Administration for International Aviation Safety Assessment purposes) included a Special Condition which limited the exercise of this expanded authority to EL AL placing its code on flights operated by American Airlines, Inc., until such time as Israel was reinstated to Category 1 status. EL AlLs exemption authority, including this Special Condition, is scheduled to expire on December 22, 2013. El Al also holds a foreign air carrier permit issued by Order 86-3-58.

The FAA announced on November 1, 2012, that it had reinstated Israel to IASA Category 1. Accordingly, EL AL requests that this exemption authority be renewed for an additional two-year period and amended to (i) delete the now moot Special Condition restricting its open skies authority to code share operations with American and (ii) include charter authority co-extensive with the rights available under the US-Israel Open Skies Agreement, and other charters pursuant to Part 212 of the Department's regulations.

Counsel: Zuckert Scoutt, Malcolm Benge, 202-973-7904


 

Filed December 18, 2013 | Issued January 16, 2014

Notice of Action Taken

Renewal and amendment of exemption from 49 USC §41301 to permit the applicant to engage in (1) scheduled foreign air transportation of persons, property, and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; (2) charter foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; and (3) other charters pursuant to 14 CFR Part 212.

El Al’s current exemption permits it to engage in scheduled foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond. That authority was limited to the placement of El Al’s code on flights operated by American Airlines, Inc., until such time as Israel attained a Category I rating under the FAA’s International Aviation Safety Assessment Program (see Notice of Action Taken dated December 22, 2011, in this Docket). El Al now requests amendment of its authority to the extent necessary to remove that condition, consistent with the FAA’s rating of Israel as Category I under the IASA program. El Al also requests amendment of its authority to include charter rights available under the US-Israel Open Skies Agreement, and other charters pursuant to 14 CFR Part 212.

By: Paul Gretch


 

OST-1999-4994 - Exemption - US-Japan and Beyond Codesharing with Japan Airlines
OST-1999-6544 - Exemption - US-Finland Codesharing with Finnair
OST-1999-6546 - US-Chile Codesharing with LAN Chile
OST-2000-6824 - Exemption - US-Hong Kong Codesharing with Cathay Pacific
OST-2002-13861 - Statements of Authorization and Related Exemption Authority (Reciprocal Codesharing) US-UK with British Airways
OST-2008-0252 - Antitrust Immunity
OST-2004-19965 - Statements of Authorization - Blanket Codesharing with LAN Peru
OST-2006-26716 - Exemption - US-Jordan Codesharing with Royal Jordanian
OST-2007-0034 - Statements of Authorization - US-Argentina Reciprocal Codesharing with LAN Argentina
OST-2007-0078 - Statements of Authorization - US-India Blanket Codesharing with Jet Airways (India)
OST-2007-0095 - Statements of Authorization - US-Israel Reciprocal Codesharing with El Al Israel
OST-2008-0044 - Statement of Authorization - Blanket Codesharing with Iberia
OST-2008-0138 - Statements of Authorization - US-Australia Blanket Codesharing with Qantas
OST-2008-0195 - Statements of Authorization - US-Bahrain, Oman, Qatar and UAE Blanket Codesharing with Gulf Air
OST-2009-0154 - Statements of Authorization - US-UAE Blanket Codesharing with Etihad
OST-2010-0192 - Statements of Authorization - US-Germany Reciprocal Codeshare with Air Belin
OST-2011-0040 - Statement of Authorization - Reciprocal Codesharing with WestJet
OST-2011-0197 - Statements of Authorization and Exemptions - Reciprocal Codesharing with Air Pacific
OST-2011-0210 - Statements of Authorization - US-Ecuador Codesharing with LAN Ecuador
OST-2011-0228 - Statements of Authorization - US-China Reciprocal Codesharing with Hainan Airlines
OST-2012-0092 - US-France Codesharing - Los Angeles-Tahiti with Air Tahiti
OST-2012-0208 - Statements of Authorization and Related Exemption - Colombia-US Codesharing with LAN Colombia
OST-2012-0209 - Statements of Authorization and Related Exemption - Brazil-US Codesharing with TAM
OST-2013-0007 - Statements of Authorization - US-Qatar Reciprocal Codesharing with Qatar Airways
OST-2013-0022 - Statements of Authorization - Blanket Codesharing with Malaysian Airlines
OST-2015-0010 - Statement of Authorization -Dallas/Ft. Worth-Frankfurt/Paris; Chicago-Paris; JFK-Paris Codesharing with SriLankan Airlines
OST-2015-0018 - Statement of Authorization - Dallas/Ft. Worth-Seoul Codesharing with Korean Air Lines

May 26, 2015

Application for Amendment of Statements of Authorization and Notice of Additional American Eagle Operators

American hereby applies for amendment of its existing statements of authorization in the captioned dockets to include all codeshare services operated by American Eagle carriers, and provides notice of the addition of several carriers as American Eagle operators.

Currently, American’s statements of authorization name American and two American Eagle operators (Envoy Air, Inc. f/k/a American Eagle Airlines, Inc. and Executive Airlines Inc.) and permit them to display the designator codes of American’s foreign carrier codeshare partners on flights operated between (i) points in the US; and (ii) points in the US and third countries. To provide maximum operating flexibility, and to avoid the need to submit duplicative applications for individual statements of authorization, American requests amendment of its existing statements of authorization expressly to include all carriers operating as American Eagle, subject to the conditions imposed by the Department of Transportation in approving American’s existing statements of authorization.

Counsel: American, Howard Kass, 202-326-5153




January 14, 2016

Application for Renewal of Exemption

El Al hereby applies for renewal of its exemption authority authorizing El Al to engage in scheduled and charter foreign air transportation of persons, property and mail. El Al requests that this authority be granted for a period of two years.

On January 16, 2014, the Department granted El Al exempt ion authority to engage in "(1) scheduled foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; (2) charter foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; and (3) other charters pursuant to 14 CFR Part 212". Notice of Action Taken, January 16, 2014. This authority expires by its own terms on January 16, 2016.

Counsel: Zuckert Scoutt, David Endersbee, 202-973-7904



Filed January 14, 2016 | Issued March 7, 2016

Notice of Action Taken

Renewal for two years of exemption under 49 USC §40109 to permit the applicant to engage in (1) scheduled foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; (2) charter foreign air transportation of persons, property, and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; and (3) other charters pursuant to 14 CFR Part 212.

By: Brian Hedberg


 

OST-1999-4994 - Exemption - US-Japan and Beyond Codesharing with Japan Airlines
OST-1999-6544 - Exemption - US-Finland Codesharing with Finnair
OST-1999-6546 - US-Chile Codesharing with LAN Chile
OST-2000-6824 - Exemption - US-Hong Kong Codesharing with Cathay Pacific
OST-2002-13861 - Statements of Authorization and Related Exemption Authority (Reciprocal Codesharing) US-UK with British Airways
OST-2008-0252 - Antitrust Immunity
OST-2004-19965 - Statements of Authorization - Blanket Codesharing with LAN Peru
OST-2006-26716 - Exemption - US-Jordan Codesharing with Royal Jordanian
OST-2007-0034 - Statements of Authorization - US-Argentina Reciprocal Codesharing with LAN Argentina
OST-2007-0078 - Statements of Authorization - US-India Blanket Codesharing with Jet Airways (India)
OST-2007-0095 - Statements of Authorization - US-Israel Reciprocal Codesharing with El Al Israel
OST-2008-0044 - Statement of Authorization - Blanket Codesharing with Iberia
OST-2008-0138 - Statements of Authorization - US-Australia Blanket Codesharing with Qantas
OST-2008-0195 - Statements of Authorization - US-Bahrain, Oman, Qatar and UAE Blanket Codesharing with Gulf Air
OST-2009-0154 - Statements of Authorization - US-UAE Blanket Codesharing with Etihad
OST-2010-0192 - Statements of Authorization - US-Germany Reciprocal Codeshare with Air Belin
OST-2011-0040 - Statement of Authorization - Reciprocal Codesharing with WestJet
OST-2011-0197 - Statements of Authorization and Exemptions - Reciprocal Codesharing with Air Pacific
OST-2011-0210 - Statements of Authorization - US-Ecuador Codesharing with LAN Ecuador
OST-2011-0228 - Statements of Authorization - US-China Reciprocal Codesharing with Hainan Airlines
OST-2012-0092 - US-France Codesharing - Los Angeles-Tahiti with Air Tahiti
OST-2012-0208 - Statements of Authorization and Related Exemption - Colombia-US Codesharing with LAN Colombia
OST-2012-0209 - Statements of Authorization and Related Exemption - Brazil-US Codesharing with TAM
OST-2013-0007 - Statements of Authorization - US-Qatar Reciprocal Codesharing with Qatar Airways
OST-2013-0022 - Statements of Authorization - Blanket Codesharing with Malaysian Airlines
OST-2015-0010 - Statement of Authorization -Dallas/Ft. Worth-Frankfurt/Paris; Chicago-Paris; JFK-Paris Codesharing with SriLankan Airlines
OST-2015-0018 - Statement of Authorization - Dallas/Ft. Worth-Seoul Codesharing with Korean Air Lines

Filed May 26, 2015 | Approved June 5, 2015

DOT Granting Amendment

We grant the request of American Airlines, Inc. to amend its existing statements of authorization with the named foreign codeshare partners listed in Appendix A of this action document, to expressly include all carriers operating as American Eagle, listed in Appendix B. Our approval is subject to the conditions imposed by the Department in approving American's existing statements of authorization, and is granted to the extent consistent with the applicable bilateral aviation agreements and the carriers' underlying economic authority. We also grant American's request tor a waiver of the 45-day advance filing requirement in 14 CFR Part 212.

By: DOT


 

February 28, 2018

Application for Renewal of Exemption

By Notice of Action Taken on March 7, 2016, the Department issued El Al exemption authority permitting El Al to engage in (1) scheduled foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; (2) charter foreign air transportation of persons, property, and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; and (3) other charters pursuant to 14 CFR Part 212. Notice of Action Taken, March 7, 2016 (Docket OST-2007-0095). This authority will expire by its own terms on March 7, 2018.

El Al requests renewal of this exemption for a period of not less than two years.

Counsel: Zuckert Scoutt, David Endersbee, 202-973-7935


 

Filed February 28, 2018 | Issued July 17, 2018

Notice of Action Taken

Renewal for two years of exemption under 49 USC §40109 to permit the applicant to engage in (1) scheduled foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; (2) charter foreign air transportation of persons, property and mail from points behind Israel, via Israel and intermediate points, to points in the United States and beyond; and (3) other charters pursuant to 14 CFR Part 212.

By: Brian Hedberg

 

 


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