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Aer Lingus Limited

http://www.aerlingus.com/

 

OST-2020-0250 - Aer Lingus (UK) - Exemption and Foreign Air Carrier Permit - UK-US

 

OST-99-5727 May 25, 1999 Petition of Aer Lingus for Temporary Waiver

Scanned Copy

Wet Lease with World Airways
    Motion for Confidential Treatment  
OST-99-5727 June 22, 1999 Notice of Action Taken Petition for Temporary Waiver - Wet Lease with World Airways
OST-00-6726 January 4, 2000 Application for Approval Under the Cities Program

Scanned Copy

Dublin/Shannon - Baltimore 
    Service List  
OST-00-6728 January 4, 2000 Application for a Statement of Authorization

Scanned Copy

Dublin/Shannon - Baltimore 
    Codeshare Agreement  
    Annex A:  Definitions  
    Annex B:  Codeshare Routes  
    Annex C:  Minimum Standards of Ground and In-Flight Services  
    Annex D:  Financial Settlement  
    Annex E:  Government Approvals  
    Service List  
OST-00-6726
OST-00-6727
January 11, 2000 Notice Dismissing the Application of the State of Maryland  Dublin/Shannon- Baltimore
OST-00-6728
OST-00-6726
OST-00-6725
January 13, 2000 Consolidated Answer of Delta Air Lines Codeshare with American Airlines; Dublin/Shannon - Baltimore 
OST-00-6728 January 13, 2000 Answer of Massachusetts Port Authority Codeshare with American Airlines; Dublin/Shannon - Baltimore 
OST-00-6725
OST-00-6726
OST-00-6728
January 14, 2000 Re:  Agree to Extension of Answer Date New York- Shannon/Dublin
OST-00-6728 January 14, 2000 Answer in Support of Application of Aer Lingus Dublin/Shannon- Baltimore
    Service List  
OST-99-6725
OST-99-6726
OST-99-6728
January 20, 2000 Re:  Extend Answer Date for Northwest Airlines New York/Baltimore- Shannon/Dublin
OST-00-6726
OST-00-6728
January 21, 2000 Re:  Request for Leave to File an Otherwise Unauthorized Document and Reply Baltimore- Shannon/Dublin
OST-00-6726
OST-00-6728
January 27, 2000 Motion for Leave to File an Otherwise Unauthorized Document and Consolidated Reply of the State of Maryland Extra Bilateral Authority Under Cities Program / Codeshare with American Airlines
OST-00-6726
OST-00-6728
February 1, 2000 Re:  Extend Answer Date Dublin/Shannon - Baltimore 
    Service List  
OST-00-6725
OST-00-6728
March 16, 2000 Consolidated Reply of Continental Airlines

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New York/Baltimore-
Shannon/Dublin
OST-99-6725
OST-99-6726
OST-99-6728
March 15, 2000 Consolidated Reply of Northwest Airlines

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New York/Baltimore- Shannon/Dublin
OST-99-6725
OST-99-6726
OST-99-6728
March 15, 2000 Consolidated Reply of United Air Lines

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New York/Baltimore- Shannon/Dublin
OST-00-6726
OST-00-6728
March 22, 2000 Consolidated Reply of Aer Lingus

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Baltimore- Shannon/Dublin
    Attachment 1:  Joint Application of Delta and Aer Lingus for Renewal of a Statement of Authorization 3/08/99  
    Attachment 2:  Joint Application of Delta and Aer Lingus for Renewal of a Statement of Authorization 2/02/96  
    Attachment 3:  Joint Application of Delta and Aer Lingus for Renewal of a Statement of Authorization 2/16/96  
OST-00-6725
OST-00-6726
OST-00-6728
March 22, 2000 Consolidated Reply of American Airlines

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Baltimore- Shannon/Dublin
OST-98-3677 Filed October 29, 1999
Issued March 29, 2000
Notice of Action Taken New York- Shannon- Belfast
OST-99-5727 Filed October 29, 1999
Date of Action March 29, 2000
Department Action on Application New York- Shannon- Belfast
OST-99-6725
OST-99-6726
OST-99-6728
March 30, 2000 Motion for Leave to File and Surreply of Delta Air Lines

Scanned Copy

New York/Baltimore- Shannon/Dublin
OST-00-6726
OST-00-6728
May 15, 2001 Application for Renewal of Statement of Authorization and Renewal of Exemption Ireland-US Codeshare with American Airlines
    Service List  
OST-00-6726 May 29, 2001 Answer of the State of Maryland in Support of Application of Aer Lingus for Renewal of Exemption Dublin/Shannon - Baltimore 
    Service List  
OST-99-6726
OST-99-6728
June 5, 2001 Reply of United Air Lines New York/Baltimore- Shannon/Dublin
    Service List  
OST-99-6726
OST-99-6728
Filed May 15, 2001
Issued September 5, 2001
Notice of Action Taken New York/Baltimore- Shannon/Dublin
OST-00-6726
OST-00-6728
July 29, 2002 Application for Renewal of Statement of Authorization and Renewal of Exemption Boston/Chicago/LA/NY- Shannon/Dublin and Baltimore- Shannon/Dublin
    Service List  
OST-00-6726
OST-00-6728
August 13, 2002 Answer of the State of Maryland in Support of Application of Aer Lingus for Renewal of Exemption New York/Baltimore- Shannon/Dublin
    Service List  
OST-00-6726
OST-00-6728
August 13, 2002 Joint Answer of British Midland Airways and United Air Lines New York/Baltimore- Shannon/Dublin
OST-00-6726
OST-00-6728
Filed July 29, 2002
Issued November 14, 2002
Notice of Action Taken Boston/Chicago/Los Angeles/New York-Shannon/Dublin Codeshare with American Airlines
OST-00-6726
OST-00-6728
December 20, 2002 Application for an Amendment to Statement of Authorization Shannon/Dublin, Ireland-Baltimore; Boston/Chicago/Los Angeles/New York-Shannon/Dublin, Ireland - Codeshare with American
    Service List  
OST-00-6726
OST-00-6728
December 31, 2002 Answer of the State of Marlyand Shannon/Dublin, Ireland-Baltimore
    Service List  
OST-00-6726
OST-00-6728
January 3, 2003
Docketed January 6, 2003
Department Action on Application Dublin - Shannon - Baltimore
       

OST-00-6726 - Shannon/Dublin-Batlimore
OST-00-6728 - Shannon/Dublin - Boston/Chicago/Los Angeles/New York

October 28, 2003

Application for Renewal of a Statement of Authorization, Renewal of an Exemption and Renewal of an Amendment to Statement of Authorization

Aer Lingus Limited hereby requests renewal of a Statement of Authorization under 14 C.F.R. Part 212 to permit the continuation of its code-share arrangement with American Airlines, Inc., pursuant to which Aer Lingus and American place their respective two-letter designator codes on flights operated by Aer Lingus. Such flights serve the following city-pairs: New York (JFK and Newark) and Shannon/Dublin; Boston and Shannon/Dublin; Chicago and Shannon/Dublin; and Los Angeles and Shannon/Dublin. The authority for the code-share would otherwise expire on November 14, 2003. Aer Lingus requests renewal of the Statement of Authorization for an indefinite period, consistent with the continued Department of Transportation practice regarding such requests for code-share authority.

Aer Lingus also hereby requests renewal o f its exemption under 49 U.S.C. 40109, permitting it to conduct scheduled foreign air transportation of persons, property and mail between Baltimore, Maryland and Shannon/Dublin, Ireland. Aer Lingus requests renewal of the exemption for an indefinite period as well. Authority to offer service between Baltimore and Shannon/Dublin also would otherwise expire on November 14, 2003. The Aer Lingus/American code-share arrangement has injected new, non-stop U.S.-flag competition between the United States and Shannon/Dublin, Ireland. Under the arrangement, Aer Lingus and American will continue independently to market, sell and price their respective services.

Counsel: Robins Kaplan, Charless Hunnicutt, 202-775-0725


OST-98-3304 - Family Assistance Plans

March 10, 2004

Re: Amended Family Assistance Plan

Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com


Order 04-05-09
OST-04-16943 - Violations of 49 U.S.C. § 41712 and 14 CFR Part 399

Issued and Served May 6, 2004

Consent Order | Word

This order concerns newspaper and Internet advertisements of Aer Lingus Limited that the Department believes violate 49 U.S.C. § 41712, which prohibits unfair and deceptive practices, and the advertising requirements specified in 14 CFR Part 399. This order directs Aer Lingus to cease and desist from future violations and assesses the carrier a compromise civil penalty.

Aer Lingus Limited is assessed a civil penalty of $20,000 in compromise of the civil penalties that might otherwise be assessed for the violations found in paragraphs 2 and 3 above. Of the assessed penalty, $10,000 shall be due and payable within 30 days of the issuance of this order. The remaining $10,000 shall be suspended for one year following the issuance of this order, and then forgiven unless, during this time, Aer Lingus Limited violates this order’s cease and desist or payment provisions, in which case the entire unpaid portion shall be due and payable immediately. Failure to pay the penalty as ordered will subject Aer Lingus Limited to the assessment of interest, penalty, and collection charges under the Debt Collection Act, and to possible enforcement action for failure to comply with this order; and payment of the civil penalty described above shall be made by wire transfer through the Federal Reserve Communications System, commonly known as "Fed wire," to the account of the U.S. Treasury. The wire transfer shall be executed in accordance with the attached instructions.

By: Rosalind Knapp


OST-00-6726 - Shannon/Dublin-Baltimore
OST-00-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

Filed October 28, 2003 | Issued June 17, 2004

Notice of Action Taken

(1) renew statement of authorization under 14 CFR 212 of the Department’s regulations to place the designator code of American Airlines, Inc. on Aer Lingus flights between Baltimore, Maryland, New York, New York, Boston, Massachusetts, Chicago, Illinois, and Los Angeles, California, on the one hand, and Shannon/Dublin, Ireland, on the other hand, and

(2) renew exemption from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between Baltimore, Maryland, on the one hand, and Shannon/Dublin, Ireland, on the other hand. Aer Lingus requests that we renew the authorities for an indefinite period.

The State of Maryland, United Air Lines, Inc. and British Midland Airways Limited filed answers in response to Aer Lingus' renewal application. The State of Maryland supports Aer Lingus' requests. In their joint answer, United/bmi state that the Department granted bmi a statement of authorization to conduct extrabilateral codeshare services for United between London and Dublin and limited the term of that authority to one year (see Notice dated May 12, 2003, in Docket OST-2001-9830). For that reason, United/bmi state that we should not grant Aer Lingus' request to renew its extrabilateral statement of authorization for the indefinite term requested unless the Department sua sponte acts to grant bmi's statement of authorization to code-share with United for an indefinite term. No further comments were filed in either docket.

By: Paul Gretch


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

April 21, 2005

Application for Renewal of a Statement of Authorization, Renewal of an Exemption, Renewal of an Amendment to Statement of Authorization, and for an Amendment

Hereby requests renewal of a Statement of Authorization under 14 CF.R. Part 212 to permit the continuation of its code-share arrangement with American Airlines, Inc., pursuant to which the American "AA*" two-letter designator code is displayed on flights operated by Aer Lingus. Such flights serve the following city-pairs: New York (JFK and Newark) and Shannon/Dublin; Boston and Shannon/Dublin; Chicago and Shannon/Dublin; and Los Angeles and Shannon/Dublin.

Also hereby requests renewal of its exemption under 49 U.S.C. § 40109, permitting it to conduct scheduled foreign air transportation of persons, property and mail between Baltimore, Maryland and Shannon/Dublin, Ireland. Although Aer Lingus was constrained to discontinue service between Baltimore and Ireland, it hopes to reinstate such service as early as this Summer.

In addition, Aer Lingus hereby requests renewal of an Amendment to the Statement of Authorization under 14 C.F.R. Part 212 to permit the continuation of its code‑share arrangement with American pursuant to which Aer Lingus displays American's two‑letter designator code on flights operated by Aer Lingus between Baltimore and Shannon/Dublin.

Lastly, Aer Lingus hereby requests an Amendment to the Department's Statement of Authorization under 14 C.F.R. Part 212 permitting Aer Lingus to engage in code‑share operations with American so that Aer Lingus will be permitted to display American's two‑letter designator code on flights operated by Aer Lingus in the following city pairs: Dublin‑London (Heathrow)/Glasgow/Manchester; Cork‑London (Heathrow); and Shannon‑London (Heathrow).

Counsel: Troutman Sanders, Charles Hunnicutt, 202-274-2950


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York


May 6, 2005

Answer of Continental Airlines

Continental opposes the Aer Lingus request for extrabilateral codeshare authority for IJ.S.-Ireland codesharing with American via London Heathrow while other U.S. airlines, including Continental, are precluded from operating flights at London Heathrow and offering connecting codeshare service there to compete with American and its oneworid alliance partners. London Heathrow operating rights must include competitively viable and economic slots at London Heathrow at no cost and airport facilities at competitive rates. Ireland is a member of the European Union, which continues to refuse to reach an agreement with the United States to open London Heathrow to other US. airlines, including Continental, to compete with already entrenched U.S. incumbent airlines and their alliance partners at London Heathrow. The Department should respond to the European Union's continuing delay and lack of progress in reaching an agreement by refusing to approve extrabilateral codeshare authority. including the Aer Lingus request, via London Heathrow so long as its skies remain closed to effective new competition.

Counsel: Continental, Thomas Newton Bolling, 713-324-5606, thomas.bolling@coair.com


May 6, 2005

Consolidated Answer of Delta Air Lines

Since Baltimore is not an authorized gateway for carriers of Ireland, and transatlantic codeshare privileges are not provided to Aer Lingus under the operative bilateral, renewal of both of these requests is entirely dependent upon the existence of sufficient comity and reciprocity to support the application. There is certainly no basis to expand Aer Lingus's codeshare authority to include new U.S.­ Ireland routings via Heathrow.

Contrary to Aer Lingus's assertions, it is not "consistent with the continued Department of Transportation practice" to renew extrabilateral requests "for an indefinite period.". If these authorities are renewed at all, they should be for a limited period of short term duration ‑‑ not to exceed 179 days ‑‑ so that the Department can appropriately monitor Ireland's progress toward resolving the restrictive bilateral conditions that are negatively impacting Delta's U.S.‑Ireland services.

Counsel: Delta and Hogan & Hartson, Robert Cohn, 202-637-8382


May 6, 2005

Answer of State of Maryland

Baltimore continues to qualify as an underserved U.S. community with respect to transatlantic air service. BWI' s direct scheduled transatlantic service is limited to London, England, and Reykjavik, Iceland. Aer Lingus' previous scheduled, non‑stop service to Shannon/Dublin and anticipated reinstatement of this service would be a significant part of BWI's transatlantic service. In addition to enhancing BWI's limited transatlantic service, the Shannon/Dublin non‑stop service would benefit passengers and shippers and the Baltimore community and greater Washington/Baltimore metropolitan area.

Counsel: Preston Gates, Jonathan Blank, 202-662-8450


May 6, 2005

Answer of United Air Lines

The U.S. has been engaged in talks with Ireland for several months to conclude an open skies agreement. Part of that effort is aimed at eliminating the anticompetitive Shannon‑stop requirement. Enforcement of that requirement has precluded United from starting its own nonstop service between the U.S. and Dublin due to the cost and inefficiency of starting and maintaining a Shannon operation that would be shut down as soon as the Shannon‑stop requirement was eliminated.

Amendment of the Aer Lingus code-share authority on an extrabilateral basis while these negotiations are pending would be inconsistent with the action taken by the U.S. in the context of other negotiations when presented with similar requests for bilateral code-share authority. For example, in similar circumstances, the Department has refused to approve an expansion of code sharing between United and bmi to include United's display of bmi's code on United's London Heathrow-U.S. services. Even though that expansion would primarily benefit United through the additional bmi-coded traffic it would generate on transatlantic flights operated by United, the Department has withheld authority because of its judgment that expansion of such authority on an extrabilateral basis is not consistent with the present U.S./U.K. relationship in which the U.S. is seeking to obtain an open skies agreement. See Notice of Action Taken, dated December 3, 2003, in Docket OST-03-15758.

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


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

May 16, 2005

Reply of Aer Lingus

The Government of Ireland has demonstrated ongoing comity and reciprocity in its treatment of other U.S. carriers' code‑sharing requests. In addition to its approval of the existing and proposed American Airlines code on Aer Lingus flights, the Government of Ireland also in 2000 approved a code‑share request of United and British Midland (bmi), whereby United's code is placed on bmi flights between London Heathrow and Ireland. Since that time, Irish authorities have permitted other U.S. carriers to serve Ireland via code shares over European city pairs, including Delta (with CityJet for Paris/Ireland service and with FIyBE for UK/Ireland service) and Continental (with FiyBE between the UK and Ireland). There has been no change in Ireland's flexible and responsive policies for reviewing extrabilateral code‑sharing requests by U.S. airlines to warrant denial of the instant application.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-274-2950


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

May 17, 2005

Reply of American Airlines - Bookmarked

Hereby replies to the answers submitted in this docket on May 6, 2005 by Continental Airlines, Inc., Delta Air Lines, Inc., and United Air Lines, Inc. In its application, Aer Lingus is seeking renewal of exemption and codeshare authority to display American's AA* code on Aer Lingus flights between the U.S. and Ireland, and an amended statement of authorization to display the AA* code on Aer Lingus flights between London Heathrow and Ireland. As we show below, the Aer Lingus application should be promptly approved in its entirety as consistent with principles of comity and reciprocity and with the public interest.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

May 19, 2005

Consolidated Response of United Air Lines and Motion for Leave to File

United requests leave to respond to the replies of Aer Lingus and American as they relate to their alleged competitive need for the expanded extrabilateral code‑share they seek. United has the same need for competitive extrabilateral authority with bmi in the London Heathrow‑U.S. market which has been withheld by DOT for reasons which are equally applicable in the U.S.‑Ireland bilateral context. Aer Lingus and American ignore this aspect of competitive equality, and United seeks leave to respond on this issue to provide a more complete record.

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


Order 2006-2-9
OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

Issued and Served February 14, 2006

Order Renewing and Amending Exemption and Statement of Authorization

We originally granted Aer Lingus authority to conduct extrahilateral code-share operations with American in 2000. In granting that authority, we noted that we had confirmed with the Irish authorities that they would approve certain same-country and third-country codeshare activities by U.S. carriers, and that our action did not lessen our desire to obtain the elimination of the Shannon stop requirement.

The bases upon which we acted in 2000, and in our renewals of this authority in subsequent years, remain, and in our view continue to warrant extension of this authority for an additional year. The Government of Ireland has continued to approve applications by U.S. carriers to conduct the above‑described code‑share services, thus demonstrating effective reciprocity notwithstanding the extrabilateral nature of the operations. While the Shannon stop requirement remains in place, we have made progress, in the context of broader negotiations with the EU in our attempts to attain its removal.

While Continental expresses concern over the limited nature of U.S. carrier access to Heathrow, we would note that, as American stated in its reply, U.S. carriers, including Continental, have been able to market services to Heathrow on a code‑share basis, in the same manner that Aer Lingus proposes to operate to Heathrow on behalf of American.

By: Michael Reynolds


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

December 8, 2006

Application for Renewal of Statement of Authorization, Renewal of an Exemption and Renewal of Amendments

Aer Lingus Limited hereby requests renewal of a Statement of Authorization under 14 C.F.R. Part 212 to permit the continuation of its code-share arrangement with American Airlines, Inc., pursuant to which the American "AA*" two-letter designator code is displayed on flights operated by Aer Lingus. Such flights serve the following city-pairs: New York (JFK and Newark) and Shannon/Dublin; Boston and Shannon/Dublin; Chicago and Shannon/Dublin; and Los Angeles and Shannon/Dublin. The authority for the code-share would otherwise expire on February 14, 2007. Aer Lingus requests renewal of the Statement of Authorization for an indefinite period, consistent with the continued Department of Transportation practice regarding such requests for code-share authority.

Aer Lingus also hereby requests renewal of its exemption under 49 U.S.C. § 40109, permitting it to conduct scheduled foreign air transportation of persons, property and mail between Baltimore, Maryland and Shannon/Dublin, Ireland. Although Aer Lingus was constrained to discontinue service between Baltimore and Ireland, it anticipates reinstating such service. Aer Lingus requests renewal of the exemption for an indefinite period as well. Authority to offer service between Baltimore and Shannon/Dublin also would otherwise expire on February 14, 2007.

In addition, Aer Lingus hereby requests renewal of Amendments to the Statement of Authorization under 14 C.F.R. Part 212 to permit the continuation of its code-share arrangement with American pursuant to which Aer Lingus displays American's two-letter designator code on flights operated by Aer Lingus in the following city pairs: Baltimore-Shannon/Dublin; Dublin-London (Heathrow)/Glasgow/Manchester; Cork-London (Heathrow); and Shannon-London (Heathrow). Aer Lingus requests renewal of the Amendments to the Statement of Authorization for an indefinite period. The authority for the Amendments would otherwise expire on February 14, 2007.

The cross-Channel operations are only for the carriage of American's U.S-Ireland traffic (without local traffic rights). American offers service to Ireland from its U.S. gateways via the following intermediate points: London (Heathrow), Glasgow, and Manchester.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-274-2950


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

December 19, 2006

Answer of United Air Lines

In its application, Aer Lingus seeks renewal of its existing extrabilateral authority to code-share with American Airlines, Inc. on services operated by Aer Lingus between the U.S. and Ireland and its extrabilateral BWI-Shannon/Dublin exemption. United has no objection to these renewals. With respect to their term, Aer Lingus once again seeks renewal of these authorizations on an indefinite basis. United holds similar but temporary authority to conduct extrabilateral code sharing on flights operated by British Midland Airways between London and Dublin. Notice of Action Taken, dated December 3, 2003 (Docket OST-2003-15758). Earlier this year, the Department rejected a request of United and bmi for an indefinite term on the renewal of their code-share authorization. Notice of Action Taken, dated June 2, 2006 (Docket OST-2003-15758). In the event that the Department grants Aer Lingus the renewals it seeks for an indefinite term, the Department should be prepared to grant similar relief sua sponte to United and brni by amending their code-share authorizations in Docket OST-2003-15758 to include a comparable indefinite term.

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


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York

December 19, 2006

Answer of Delta Air Lines

In the past, the Department has extended extra-bilateral codeshare authority to carriers on a trial basis in order to entice restrictive foreign governments into more liberal aviation arrangements. However, when such governments have failed to show any progress on liberalization, as is the case with Ireland, the Department has declined to extend further authority. See, e.g., Order 1996-11-15. Aer Lingus has now enjoyed the generosity of the U.S. Government's grant of extrabilateral authority for several years. Yet, the Government of Ireland appears no closer to easing, much less lifting, the Shannon Stop Requirement than it was back in 2000 when Aer Lingus' BWI-SNN/DUB authority was first granted. The Department should no longer countenance, much less affirmatively endorse, this continued imbalance of extra-bilateral benefits by yet again renewing Aer Lingus' BWI-SNN/DUB authority. To grant this extra-bilateral authority would encourage the Irish Government to remain steadfast on its Shannon Stop Requirement and thumb its nose at the Department, U.S. carriers, and U.S. travelers.

Nor should the Department be reluctant to make a stand here. Aer Lingus concedes that it has not operated this service in a while, and thus the rejection of the renewal application will not affect the traveling public.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999


OST-2000-6726 - Shannon/Dublin-Baltimore
OST-2000-6728 - Shannon/Dublin-Boston/Chicago/Los Angeles/New York


December 29, 2006

Consolidated Reply of Aer Lingus

Aer Lingus takes no position on United's request. We point out, however, that its comment glosses over the fact that United enjoys the very rights for which Aer Lingus seeks renewal in part, i.e., the right to codeshare between the United Kingdom and Ireland. In its application, Aer Lingus merely requests continued operational parity with United in this regard.

Delta objects to the BWI-Shannon/Dublin codeshare authority and Exemption aspect of the Aer Lingus application primarily on the grounds that the Shannon stop requirement adversely impacts Delta and other U.S. carriers. Delta fails to explain how denying this aspect of Aer Lingus' application would in any way advance the public interest or remedy the Shannon stop issue.

Delta's objections do not support a decision to deny renewal of the Baltimore-Shannon/Dublin codeshare authority or Exemption. Aer Lingus respectfully requests that the Department renew the Statement of Authorization to permit Aer Lingus and American to continue their code-share operations on flights in the New York/Boston/Chicago/Los AngelesShannon/Dublin markets for an indefinite period; renew the exemption permitting Aer Lingus to conduct scheduled service between Baltimore and Shannon/Dublin for an indefinite period; renew the Amendment to the Statement of Authorization to permit Aer Lingus and American to codeshare on flights in the Baltimore-Shannon/Dublin market for an indefinite period; renew the Amendment to the Statement of Authorization to permit Aer Lingus and American to continue their codeshare operations on flights in the (i) Dublin-London (Heathrow)/Glasgow/Manchester, (ii) ShannonLondon (Heathrow), and (iii) Cork-London (Heathrow) markets for an indefinite period; and grant such other and further relief as the Department deems to be in the public interest.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-274-2950


December 29, 2006

Reply of The State of Maryland

Maryland disagrees with Delta's position that Aer Lingus' Application for renewal of this authority for Baltimore-Shannon/Dublin should be denied by the Department. Maryland supports Aer Lingus' Application and respectfully submits that its current authority for both BWI-Shannon-Dublin service and the code-sharing arrangement with American Airlines each remain consistent with the public interest and should each be renewed.

Counsel: Maryland, Louisa Goldstein, 410-859-7066


OST-2007-27731 - Exemption - Dublin-Dulles/Orlando/San Francisco

March 23, 2007

Application for an Exemption

Aer Lingus seeks authority to engage in scheduled foreign air transportation of persons, property and mail between Shannon/Dublin and Washington, D.C.(IAD)/Orlando/San Francisco. Aer Lingus proposes to provide Ireland-Washington, D.C. service commencing on or about September 3, 2007. Aer Lingus proposes to provide Ireland-Orlando and Ireland-San Francisco service commencing during the week of October 28, 2007. Aer Lingus anticipates initially operating 4 round trips a week between Ireland and Washington, D.C., 4 round trips each week between Ireland and San Francisco, and 3 round trips each week between Ireland and Orlando. It is anticipated that Airbus A330 aircraft will be used for this new service. Aer Lingus requests that the exemption authority continue in effect as long as Ireland enjoys rights under the Air Transport Agreement between the United States and the Member States of the European Union and the European Community, or changed in accordance with the terms of that agreement.

Aer Lingus urgently requests the most expedited action on this application for an exemption, and that it be granted no later than March 27, 2007. In the alternative, Aer Lingus seeks immediate authority, pendente lite, to begin holding out, marketing, listing schedules, selling and accepting payment for the new service.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-275-2957, charles.hunnicutt@troutmansanders.com


March 26, 2007

Answer of Metropolitan Washington Airports Authority in Support

MWAA urges the Department to grant Aer Lingus the requested authority expeditiously so that Aer Lingus and MWAA can immediately commence advance sales and marketing of this new service to the public. Swift action is critically important here. Aer Lingus is proposing to start its Dulles service in early September, a mere five months from now. Aer Lingus has not served Dulles, nor does Dulles currently enjoy any nonstop service to Ireland. Therefore, much needs to be done in this limited time to ensure a successful start to Aer Lingus' new service, and any delay in awarding this authority will only serve to deny the resultant benefits to the public.

Although Aer Lingus' exemption request is fully supported by the public interest and should be granted immediately, if the Department is unable to grant the Washington-Shannon/Dublin exemption authority expeditiously, MWAA supports Aer Lingus' alternative request that the Department, at a minimum, grant Aer Lingus pendente lite authority so that advance marketing and sales can begin as soon as possible.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com


OST-2007-27731 - Exemption - Dublin-Dulles/Orlando/San Francisco


March 26, 2007

Re: Polling Results

Aer Lingus Limited has polled the U.S. carrier parties served with the above-referenced application submitted March 23, 2007. With the exception of United Air Lines, Inc. and American Airlines, Inc., from whom we have not yet received final responses, we have heard from all such carriers and have not received any objections. We will report United's and American's responses as soon as we receive them.

We note that in paragraph 3 of the application, we inadvertently referred to the previous provisional application date for the Air Transport Agreement between the United States, on the one hand, and the European Community and its Member States, on the other. We intended to refer to the March 30, 2008 provisional application date and regret any inconvenience.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-294-2957, charles.hunnicutt@troutmansanders.com


March 27, 2007

Re: Final Polling Results

Aer Lingus Limited has heard from United Air Lines, Inc. and American Airlines, Inc., both of which indicated that they have no objection to Aer Lingus' March 23, 2007 exemption application submitted in the above-referenced matter. Aer Lingus now has received responses from all U.S. carrier parties served in this matter and has not received any objections.

Aer Lingus urgently requests the most expedited action on its application for an exemption, and that it be granted immediately.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-294-2957, charles.hunnicutt@troutmansanders.com


Filed March 23, 2007 | Issued March 27, 2007

Notice of Action Taken

Exemption from 49 USC § 41301 to permit the applicant to conduct scheduled foreign air transportation of persons, property, and mail between Shannon and Dublin, Ireland, on the one hand, and Washington, D.C. (Dulles); Orlando, Florida; and San Francisco, California, on the other hand.

Aer Lingus states that it initially proposes to operate four weekly Ireland‑Washington, D.C. flights commencing on or about September 3, 2007, along with four weekly Ireland‑San Francisco flights and three weekly Ireland‑Orlando flights commencing during the week of October 28, 2007.

By: Paul Gretch



March 26, 2007

Senator Bill Nelson in Support

Currently, there is no scheduled air service between Orlando and Dublin. Aer Lingus’ proposal would bring visitors from Ireland to Florida and vice versa. This will result in a commercial bridge between Ireland’s robust economy and Florida’s vibrant business community. Florida’s economy will benefit significantly from increased tourism resulting from more convenient air travel between Ireland and Orlando.

By: Bill Nelson


March 27, 2007

Congressman Ric Keller in Support

I write to you today as a strong supporter of Aer Lingus' exemption application to commence scheduled Dublin-Orlando service in October 2007. Aer Lingus' request is fully consistent with the new US-EU Air Transport Agreement. I urge you to expeditiously approve it.

By: Ric Keller, 202-225-2176


OST-2007-28550 - Exemption and Amended Foreign Air Carrier Permit - US-EU

June 18, 2007

Application for an Exemption and Amended Foreign Air Carrier Permit - Bookmarked

Aer Lingus has been operating for over seventy years and has served the United States since 1958. Under its current authority, Aer Lingus provides combination service between Shannon and Dublin, on the one hand, and Boston, New York (JFK), Chicago and Los Angeles, on the other hand. The Department recently granted Aer Lingus two-year exemption authority to conduct Shannon/Dublin-Washington, D.C. (Dulles)/Orlando/ San Francisco scheduled combination service during the transition period provided for under the new U.S.-E.U. Agreement (Notice of Action Taken in Docket OST-2007-27731, issued March 27, 2007), and Aer Lingus will commence these new U.S.-Ireland services beginning in August 2007. This request for an amended foreign air carrier permit includes the authority covered by the exemption granted to Aer Lingus on March 27.

Counsel: Aer Lingus and Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com


OST-2007-28550 - Exemption and Amended Foreign Air Carrier Permit - US-EU

July 20, 2007

Re: Additional Information

In response to your request, I am providing the following additional information in connection with the above-referenced application:

Counsel: Crowell & Moring, Lorraine Halloway, 202-624-2538, lhalloway@crowell.com


Order 2007-8-10
OST-2007-28550 - Exemption and Amended Foreign Air Carrier Permit - US-EU

Issued and Served August 14, 2007

Order Granting Exemption and to Show Cause

We will grant Aer Lingus exemption authority to the extent necessary to permit it (1) immediately to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008 (the date for provisional application of the U.S.-EU Agreement), to commence flight operations, for the services set forth in ordering paragraph 1 below. We will tentatively grant Aer Lingus an amended foreign air carrier permit for these services, to be effective March 30, 2008.

We grant the request of Aer Lingus Limited for an exemption under 49 U.S.C. 40109 to permit it (1) effective on the issue date of this order, to accept payments, issue tickets, and enter into charter contracts, and (2) effective March 30, 2008, to commence flight operations, for the services: a) foreign scheduled and charter air transportation of persons, property, and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; b) foreign scheduled and charter air transportation of persons, property, and maiI between any point or points in the United States and any point or points in any member of the European Common Aviation Area; c) foreign scheduled and charter cargo air transportation between any point or points in the United States and any other point or points; d) other charters pursuant to the prior ,approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and e) transportation authorized by any additional route rights made available to European Community carriers in the future.

By: Paul Gretch


Order 2007-10-38
OST-2007-28550 - Exemption and Amended Foreign Air Carrier Permit - US-EU

Issued September 5, 2007 | Served October 26, 2007

Final Order | Word

By Order 2007-8-10, issued August 14, 2007, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto.  We gave interested persons 21 days to file objections to the Order.  We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch



OST-2000-6728 - Statement of Authorization - US-Ireland Codesharing with American Airlines

September 12, 2008

Application for an Amendment to Statement of Authorization

Aer Lingus Limited hereby applies pursuant to 14 C.F.R. § 212 for an amendment to the statement of authorization permitting Aer Lingus' codeshare arrangement with American Airlines, Inc. Aer Lingus seeks an amendment to its statement of authorization in order to obtain blanket codesharing authority for property and mail only under the U.S.-EU open skies agreement. The authority requested will replace the limited codeshare rights now held by Aer Lingus that were initially granted in the above-referenced docket on June 15, 2000 by Order 2000-6-12, and subsequently amended to add new routes.

Further, Aer Lingus hereby gives notice of termination of its passenger codeshare arrangement, effective October 28, 2008. Cargo-only (property and mail) codesharing between the parties, with the "AA*" designator code on Aer Lingus-operated flights, will continue under the blanket codeshare authority requested.

Further, under the new cargo-only blanket codeshare arrangement, Aer Lingus and American will add new routes and will cease codeshare services on certain other routes that are covered by the current authority. Aer Lingus hereby notifies the Department that Aer Lingus and American will cease codeshare services for the Dublin-London (Heathrow)/Glasgow/Manchester; Cork-London (Heathrow); Shannon-London (Heathrow); and Baltimore-Shannon/Dublin routes. Codeshare service between Newark and Shannon/Dublin will also cease. The new codeshare routes to be added under the blanket authority for property and mail are San Francisco/Orlando/Washington D.C. (Dulles)-Shannon/Dublin.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-274-2950



OST-2000-6728 - Statement of Authorization - Ireland-US Codesharing with American Airlines

November 10, 2008

Amended Statement of Authorization

As was noted in our application of September 12, 2008 in the above-referenced docket, we submit on behalf of Aer Lingus Limited a redacted copy of its Amendment to Codeshare Agreement with American Airlines, Inc.

In addition, we wish to inform the Department that, in settling upon the terms of the Amendment, Aer Lingus and American ultimately agreed to maintain passenger codeshare services (AA*on Aer Lingus) for the following routes: Dublin-London/Glasgow/Manchester, Cork-London, and Shannon-London. Aer Lingus and American thus will not terminate all passenger codeshare services as was stated in the September 12 application. Rather, Aer Lingus now seeks blanket codeshare authority for passengers, property and mail under the U.S.-EU open skies agreement. The routes stated above shall be the initial routes for such service.

Accordingly, in addition to the blanket codeshare authority that was requested for property and mail in the September 12 application, Aer Lingus requests an amendment to its statement of authorization in order to obtain blanket codeshare authority to display American's "AA*" designator code in conjunction with foreign air transportation of persons, property and mail on flights operated by Aer Lingus (1) between any point in Ireland and any point in the United States (either nonstop or via third country intermediate points); (2) between any points within Ireland in conjunction with services held out by American between the United States and Ireland (either nonstop or via third-country intermediate points); and (3) between any point in Ireland or the United States and any point in any third country.

Counsel: Troutman Sanders, Charles Hunnicutt, 202-274-2957





OST-2013-0037 - Statement of Authorization - EU-US Codesharing with Etihad Airways

February 28, 2013

Application for a Statement of Authorization

Aer Lingus and Etihad have entered into a codeshare agreement to display Etihad's "EY" code on certain specific Aer Lingus US-EU and beyond services (persons, property and mail). Therefore, Aer Lingus requests a statement of authorization for blanket codeshare authority to display the EY* code on Aer Lingus flights in conjunction with foreign air transportation of persons, property and mail: (i) between any point or points in the United States and any point or points in the European Union (on a nonstop basis and intermediate routing via open skies points); (ii) between any point or points in the United States and any other point or points in the European Common Aviation Area, where an open-skies agreement is being applied; (iii) between EU points; and (iv) beyond the United States or the European Union to any points in any third country where an open-skies agreement is being applied with the United States.

Aer Lingus holds a foreign air carrier permit issued by Order 2007-10-38 authorizing it to provide service to and from the United States to the full extent permitted by the US-EU Open Skies Agreement.

Counsel: Thompson Hine, Charles Hunnicutt


 

OST-2013-0090 Aer Lingus - Blanket Statement of Authorization - UK-EU Codesharing with Delta and Virgin Atlantic
OST-2013-0069 - Delta and Virgin Atlantic - US-UK Reciprocal Codesharing

May 2, 2013

Application for a Statement of Authorization

Aer Lingus, a foreign air carrier of Ireland, hereby applies for a blanket statement of authorization to display Delta Air Lines, Inc.'s code on Aer Lingus flights operated on a wet-lease basis for Virgin Atlantic Airways, Ltd. pursuant to Virgin and Delta's codesharing agreement.

Aer Lingus holds a foreign air carrier permit issued by Order 2007-10-38 authorizing it to provide service to and from the United States to the full extent permitted by the US-EU Open Skies Agreement, including, inter alia, scheduled foreign air transportation from points behind the European Union via any point or points in the European Union, and via intermediate points, to any point or points in the United States and beyond.

Aer Lingus has entered into a wet-lease agreement with Virgin Atlantic pursuant to which Aer Lingus will operate certain short-haul services within the United Kingdom and Europe for Virgin Atlantic under the Virgin Atlantic name and brand.

Subject to the Department's approval of Virgin Atlantic's and Delta's joint application for a statement of authorization in Docket OST-2013-0069, and upon approval of this Application, all flights operated by Aer Lingus for Virgin Atlantic within the United Kingdom will also display Delta's "DL*" code. While the first wet lease flights are between Edinburgh, Manchester and Aberdeen on the one hand, and London on the other (EDI/MAN/ABZ-LHR), Aer Lingus requests authority to display the DL code on any flight operated (or to be operated) by Aer Lingus on behalf of Virgin Atlantic between points in the United Kingdom/European Union.

Counsel: Thompson Hine, Charles Hunnicutt for Aer Lingus


 

OST-2013-0090 - Aer Lingus - Blanket Statement of Authorization - UK-EU Codesharing with Delta and Virgin Atlantic
OST-2013-0069 - Delta and Virgin Atlantic - US-UK Reciprocal Codesharing

Filed May 2, 2013 | Approved June 13, 2013

Department Action on Application

Application of Aer Lingus Limited for a blanket statement of authorization to display the "DL*" designator code of Delta Air Lines Inc. on flights operated by Aer Lingus now or in the future on a wet lease basis for Virgin Atlantic Airways, Ltd. between points in the United Kingdom/European Union pursuant to the Virgin Atlantic-Delta codeshare agreement.

See Department action dated June 13, 2013 in Docket OST-2013-0069. Consistent with that action, our approval of the instant request of Aer Lingus is subject to the condition that, before Aer Lingus commences wet lease services for Virgin Atlantic that involve the display of the Delta code on any services to/from points outside of the United Kingdom, Delta/Virgin Atlantic must provide evidence to the Department of the applicable code-share agreement or amendment that encompasses those services.

By: OIA


 

OST-1998-3304 - Family Assistance Plans

April 18, 2019

Re: Updated Family Assistance Plan

By: Colm Wynne


 

OST-2021-0082 - EU-US Codesharing with JetBlue Airways

July 21, 2021

Application for Statement of Authorization

Aer Lingus Limited requests authority to display the JetBlue B6* designator code on flights operated by Aer Lingus Limited from any point or points behind any Member State of the European Union via any point or points in any Member State, and via intermediate points to any point or points in the United States and beyond. Aer Lingus Limited also requests authority to display the JetBlue B6* designator code on flights operated by Aer Lingus Limited between any point or points in the United States and any point or points in any member of the European Common Aviation Area.

Counsel: Garofalo Goerlich, Don Hainbach


 

OST-2021-0082 - EU-US Codesharing with JetBlue Airways

July 21, 2021 | Date of Action September 28, 2021

Department Action of Application

Application of Aer Lingus Limited for a statement of authorization under 14 CFR Part 212 to permit Aer Lingus for an indefinite period to display the (B6*) designator code of JetBlue Airways Corporation on flights operated by Aer Lingus from any point or points behind any Member State of the European Union via any point or points in any Member State, and via intermediate points to any point or points in the United States and beyond. Aer Lingus also requests authority to display the JetBlue’s (B6*) designator code on flights operated by Aer Lingus between any point or points in the United States and any point or points in any member of the European Common Aviation Area. Aer Lingus also requests a waiver of the 45-day advance filing requirement under 14 CFR Part 212.10 of the Department’s regulations.

Consistent with the Department’s Notice in the Matter of Blanket Notification of Code-Share Service to Open-Skies Partners and Points, dated February 9, 2009, Aer Lingus provides a blanket 30-day notice of its intent to code-share to open skies point as described in its application. Aer Lingus states that it will notify the Department no later than 30 days before commencing any code-share service to non-open skies points.

By: David Christofano

 

 

 

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