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OST-2008-0105 - FedEx - Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara

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Federal Express Corporation

OST-2008-0105 - Exemption - Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara

March 14, 2008

Application for an Exemption and Amendment to Certificate Authority

Federal Express Corporation hereby applies pursuant to 49 U.S.C. § 40109 for an exemption from 49 U.S.C. § 41101 and from the Department's rules to the extent necessary, authorizing scheduled foreign air transportation of property and mail (1) between Oakland, California, on the one hand, and Guadalajara and Monterrey, Mexico, on the other hand, as of April 1, 2008, and (2) between Lafayette, Louisiana and Guadalajara, Mexico as of May 1, 2008. FedEx Express requests the exemption authority be effective for a minimum two-year period.

FedEx Express proposes to operate year round service commencing with four weekly, nonstop all-cargo flights on an Oakland-Guadalajara-Monterrey-Oakland route from April 1 through August 31, 2008 using Boeing 727 freighter aircraft with a net payload capacity of 45,000 pounds. After August 31, 2008, FedEx Express' operating pattern on this route will be one monthly all-cargo frequency, using the same aircraft with the same net payload capacity. For the Lafayette-Guadalajara route, FedEx proposes operating four weekly, nonstop, roundtrip all-cargo flights year round starting May 1, 2008, also using Boeing 727 freighter aircraft with a net payload capacity of 45,000 pounds.

FedEx Express also applies pursuant to 49 U.S.C. § 41102 for an amendment to its Certificate of Public Convenience and Necessity for Route 568 to engage in scheduled foreign air transportation of property and mail between a point or points in the United States and a point or points in Mexico.

Should the Department decide to grant our exemption request immediately, but require more time to consider our request to amend the certificate of authority, FedEx Express asks that the Department promptly grant the exemption request and subsequently address the certificate authority request as it has done in other similar actions. See. e.g., Notice of Action Taken in OST-2005-22243 and OST-2005-22331 (Dec. 12, 2005).

Counsel: FedEx, James Davis, 901-434-8600, jdavis4@fedex.com



March 21, 2008

Re: Polling Results

Federal Express Corporation has polled all carriers upon whom the application in the above-referenced matter was served, and no carrier has any objection to the application.

Counsel: FedEx, James Davis



Filed March 14, 2008 | Issued March 26, 2008

Notice of Action Taken

Scheduled foreign air transportation of property and mail between (1) Oakland, California, on the one hand, and Guadalajara and Monterrey, Mexico, on the other hand; and (2) between Lafayette, Louisiana, and Guadalajara, Mexico.

Federal Express included a request to amend and reissue its U.S.-Mexico certificate to so that it would provide for authority to serve between “a point or points in the United States and a point or points in Mexico,” or, in the alternative, so that it would include the new points requested here under exemption authority. We will handle the certificate request separately.

By: Paul Gretch



Amerijet International, Inc., ASTAR Air Cargo, Inc., Capital Cargo International Airlines, Inc., Federal Express Corporation and United Parcel Service. Co.

Order 2008-7-15
OST-2001-10068 - Amerijet - U.S.- Mexico All- Cargo Service
OST-2001-10052 - ASTAR - Amendment of Certificate for Route 725, Segments 1 through 6 (US-Mexico All-Cargo Service)
OST-2004-17348 - ASTAR - Certificate for Route 725, Segments 1 through 6 (US-Mexico All-Cargo Service)
OST-2005-20828 - ASTAR - Certificate of Public Convenience and Necessity - Route 725, Segments 1 through 9 - US-Mexico All-Cargo Service
OST-2005-21307 - ASTAR - Certificate of Public Convenience and Necessity - Los Angeles-Mexico City
OST-2005-22621 - ASTAR - US-Mexico All-Cargo
OST-2005-22750 - Capital Cargo - Certificate of Public Convenience and Necessity - US-Mexico All-Cargo
OST-2001-9824 - FedEx - US-Mexico All-Cargo
OST-2008-0105 - FedEx - Exemption - Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara
OST-1999-6663 - UPS - Certificate - Austin/Houston/Louisville/San Antonio-Mexico All-Cargo
OST-2001-10393 - UPS - US-Mexico All-Cargo

Issued May 16, 2008 | Served July 11, 2008

Order Issuing Certificates - Bookmarked

By this order we grant, renew, and/or amend certificate authority to the captioned applicants to provide foreign scheduled air transportation of property and mail between various points in the United States and various points in Mexico.

In addition to filing for specific U.S.-Mexico city-pair route authority, Amerijet, Astar, Capital Cargo, Federal Express, and UPS each filed certificate requests for broad U.S.-Mexico authority to provide foreign scheduled air transportation of property and mail between a point or points in the United States and a point or points in Mexico.

We have decided not to grant the broad authority requested. Pursuant to the U.S.-Mexico Air Transport Agreement, as amended December 12, 2005, the United States continues to be limited as to the number of U.S. carriers that may be designated to provide scheduled all-cargo services on a given U.S.-Mexico city-pair route. Given these restrictions, we have pursued a licensing approach designed to promote maximum use of the limited route rights, and to ensure that those rights not being used are readily available to other carriers that would use them. Specifically, we structure our awards so that the particular authority held by any carrier for U.S.-Mexico all-cargo service is readily apparent, is a matter of public record, and can be determined immediately by looking directly at a carrier’s certificate and/or exemption authority. Indeed, UPS has recognized that a new system would have to be established and implemented to provide the industry and the general public with the information that is now readily available under our existing approach, and to provide for the possibility of competing requests for newly proposed U.S.-Mexico city-pair market service. Under these circumstances, we see no persuasive reason to change this long-standing approach, which has well served our public interest objectives.

By: Paul Gretch


 

OST-2008-0105 - Exemption - US-Mexico All-Cargo
OST-2011-0076 - US-Mexico Procedural Docket

January 10, 2013

Application for Renewal of Certificate Authority

FedEx Express requests that its US-Mexico Certificate for Route 568 be renewed for an additional five-year period, through July 10, 2018, or such longer term as the Department may deem appropriate. FedEx Express further requests the right to integrate such authority with its other certificate and exemption authority to provide foreign air transportation.

FedEx Express' current US-Mexico certificate authorizes FedEx Express to operate scheduled all-cargo service over nine specific city-pair routes between Memphis, Tennessee, Harlingen Texas, Oakland, California and Lafayette, Louisiana on the one hand, and Guadalajara, Monterrey and Toluca, Mexico on the other hand.

FedEx Express also holds exemption authority to serve two specific city-pair routes between Memphis, Tennessee, Mobile, Alabama and Indianapolis, Indiana on the one hand, and between Queretaro, Mexico and Guadalajara, Mexico, on the other hand. See Notice of Action Taken, OST-2011-0179 (September 30, 2011). In that exemption authority application, FedEx Express sought an "all points" amendment to its certificate. The Department has not issued a final determination on that request.

Counsel: FedEx, Courtney Felts, 901-434-8632


 

Order 2013-7-7
OST-2011-0076 - US-Mexico Procedural Docket
OST-2011-0179 - FedEx - Memphis/Mobile-Queretaro; Indianapolis-Guadalajara All-Cargo
OST-2008-0105 - FedEx - Oakland-Guadalajara/Monterrey, Lafayette-Guadalajara All-Cargo
OST-2001-10068 - Amerijet - US-Mexico All-Cargo
OST-1999-6663 - UPS - US-Mexico All-Cargo

Issued May 8, 2013 | Served July 9, 2013

Order Issuing Certificates

By this order we renew certificate authority to the captioned applicants to provide foreign scheduled air transportation of property and mail between various points in the United States and various points in Mexico. We also amend the certificate authority of FedEx Express to add new US-Mexico city pairs (Memphis-Queretaro, Mobile-Queretaro, and Indianapolis-Guadalajara) that the carrier had requested in an earlier filed certificate application. The subject carriers have filed and perfected each application as required by 14 CFR 201 and served it as required by 14 CFR 302.203(b).

Since we last renewed this authority, we have established a Mexico Procedural Docket (OST-2011-0076), a docket pertaining exclusively to US-Mexico licensing matters. Consistent with Order 2012-1-30, we are placing a copy of this order in that docket.

FedEx Express applied in Docket OST-2011-0179 for both exemption and certificate authority to serve the new points. We awarded the exemption authority and deferred on the certificate request. See Notice of Action Taken dated September 30, 2011, in that docket. FedEx Express’ certificate amendment request sought either the specific new points, or “between a point or points in the United States and a point or points in Mexico.” We are awarding the specific point authority, as we had previously done by exemption, but not the broad authority. We have previously considered the issue of awarding broad US-Mexico scheduled all-cargo authority and are again deciding against doing so. See Order 2008-7-15. We find that the determinations we reached before remain applicable. Therefore, we will deny FedEx Express’ alternative request for broad US-Mexico certificate authority.

The renewal applications of Amerijet and UPS were not timely filed (i.e., 180 days before expiration of the subject authority), and the carriers accompanied their renewal applications with requests for waivers of the advance filing requirements pursuant to 14 CFR Part 377. In the circumstances presented, including the absence of opposition to the applications, we will grant Amerijet and UPS waivers of the advance filing requirement.

By: Paul Gretch


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