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OST-2011-0076 - US-Mexico Procedural Docket


US-Mexico Procedural Docket

Order 2011-9-4
OST-2011-0076
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

Issued and Served September 12, 2011

Order to Show Cause

We tentatively find that we can best address and improve the situation by changing to a more transparent, centralized, user-friendly approach. Specifically, we propose to establish a Mexico Procedural Docket in Docket OST-2011-0076, where US carrier requests and notices, previously filed informally (and generally undocketed), would be filed and where related Department actions would be posted. We believe that this approach would enhance industry and public awareness of newly-available route opportunities, pending requests, and our action on those requests, and would significantly improve administrative efficiency.

We will also continue our practice to grant, to qualified US air carriers, consolidated US-Mexico certificate authority pursuant to, and consistent with, the procedures described in the Department’s February 13, 2009 Notice, in Docket OST-2005-22228. However, in furtherance of our continued streamlining measures, and consistent with our centralization efforts here, we have tentatively decided: (1) to move previously-issued consolidated US-Mexico certificates in Docket OST-2005-22228 to the Mexico Procedural Docket in Docket OST-2011-0076; (2) to require that all future requests for consolidated US-Mexico certificates be filed in the Mexico Procedural Docket, and served on all US carriers providing scheduled air transportation in the US-Mexico market.

By: Susan Kurland



January 12, 2012

Request of SkyWest Airlines for Small-Aircraft Designations

SkyWest asks the Department to designate SkyWest Airlines, Inc. d/b/a US Airways Express for scheduled combination service between Phoenix, Arizona, on the one hand, and Guadalajara, Guaymas, Hermosillo and Manzanillo, Mexico, on the other hand, to be operated pursuant to a cooperative 'marketing arrangement between SkyWest and US Airways. SkyWest plans to initiate service on the first of these routes beginning in April 2012 using 50-seat CRJ-200 aircraft provided all necessary government approvals have been secured, and SkyWest urges the Department to make these designations as soon as possible so that SkyWest can secure the necessary foreign approvals and US Airways can begin marketing the new services in advance of start-up.

Counsel: Crowell & Moring, Gerald Murphy, 202-624-2500


January 13, 2012

Re: Polling Results of SkyWest Airlines

We have polled the carriers on the service list for SkyWest's January 12, 2012 designation request and have received non-objections from all US carriers served. SkyWest asks that these designations be granted promptly so Sky West can secure the necessary foreign approvals, make final operating plans, and so US Airways can begin marketing these Phoenix-Guadalajara/Guaymas/Hermosillo/Manzanillo flights well in advance of start-up.

Counsel: Crowell & Moring, Gerald Murphy, 202-508-8855


Filed January 12, 2012 | Approved January 13, 2012

DOT Approval of Request of SkyWest Airlines

By: Brett Kruger



Order 2012-1-30
OST-2011-0076
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

Issued and Served January 31, 2012

Final Order

By this order, we finalize our tentative actions proposed in Order 2011-9-4, issued September 12, 2011, by modifying certain regulatory procedures for US carriers serving or, in the case of small aircraft operations, seeking to serve the US-Mexico market.

By Order 2011-9-4, we proposed to address a number of informal US-Mexico-related filing arrangements. These informal arrangements have been used by US carriers seeking operational flexibility to adjust, delay, or temporarily cease services, or seeking the designation necessary to provide small-aircraft services in the US-Mexico market. Specifically, we proposed to establish a Mexico Procedural Docket in Docket OST-2011-0076, where US carrier requests and notices, previously filed informally (and generally undocketed), would be filed and where related Department actions would be posted. We tentatively found that by using a more transparent, centralized, and user-friendly approach, as proposed, we would enhance industry and public awareness of newly-available route opportunities, pending requests, and our action on those requests, and would significantly improve administrative efficiency.

No answers or comments were filed in response to our proposals.

By: Susan Kurland


 

February 24, 2012

Dormancy Notice of Sun Country Airlines

This letter shall serve as the Notice of Dormancy required by the Notice of Action Taken by the Department on May 13, 2010 Docket OST-2002-12211 . MN Airlines, LLC d/b/a Sun Country Airlines elected not to operate the route authorized under the exemption authority between Dallas/Ft. Worth, Texas and Puerto Vallarta, Mexico, during the summer 2011 season. Sun Country inadvertently neglected to file the Notice of Dormancy at that time.

Counsel: Sun Country, John Fredericksen


 

March 7, 2012

Request of Spirit Air for Consolidation of Dockets

Spirit Airlines, Inc. hereby requests that its US-Mexico exemption authorities be consolidated into a US-Mexico certificate pursuant to the procedures described in the Department’s Notice dated February 13, 2009 in Docket OST-2005-22228. As required by that notice, Spirit holds a blanket open skies certificate (Order 2007-7-3). Grant of this request is consistent with the Department’s streamlining policy:

Fort Lauderdale-Cancun OST-2003-15306 NOAT 1/26/2011
Fort Lauderdale-Toluca OST-2011-0011 NOAT 1/26/2011
Detroit-Cancun OST-2004-18692 NOAT 7/15/2011
Dallas/Ft. Worth-Toluca OST-2012-0021 NOAT 2/17/2012

Counsel: Kirstein & Young, Joanne Young, 202-331-3348


 

Filed February 29, 2012 | Approved March 20, 2012

Department Approval of Application of American Airlines

We have approved the carrier's request for authorization to provide codeshare only service, using small aircraft (60 seats or less) on the following US-Mexico route:

Dallas/Ft. Worth-Puebla

American states that its "AA*" designator code will be placed on the flights of American Eagle Airlines, Inc. in the Dallas/Ft. Worth-Puebla market.

By: Brett Kruger



Filed February 29, 2012 | Approved March 20, 2012

Department Approval of Application of American Eagle Airlines

We have approved the carrier's request for authorization to provide codeshare only service, using small aircraft (60 seats or less) on the following US-Mexico route:

Dallas/Ft. Worth-Puebla

American Eagle states that it will institute daily services in November 2012. American Eagle further states that all of its operations are held out to the public under the AA* designator code of American Airlines. Inc. and requests, to the extent required, a codeshare authorization, as well.

By: Brett Kruger


 

Order 2012-6-12
OST-2011-0076 - US-Mexico Procedural Docket

Issued April 18, 2012 | Served June 19, 2012

Order Issuing Certificate

By this order we grant Spirit Airlines, Inc. consolidated certificate authority to provide combination service in various US-Mexico markets for which Spirit holds economic authority by exemption.

Our action here establishes for the carrier a new route certificate. Each US-Mexico city-pair market is included in the certificate as a route segment:

Fort Lauderdale-Cancun
Fort Lauderdale-Toluca
Detroit-Cancun
Dallas/Ft. Worth-Toluca

By: Paul Gretch


 

OST-2011-0076 - US Mexico Procedural Docket
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

June 28, 2012

Request of Frontier Airlines for Conversion of Authorized Service

Frontier Airlines, Inc. holds certificate authority for the Denver-Ixtapa/Zihuatanejo route, which is currently limited to codesharing service (Frontier will also continue to offer seasonal code-share service on this route on flights operated by its affiliate Republic Airline Inc.). Frontier respectfully requests conversion of its code-share authorization for the Denver-Ixtapa/Zihuatanejo route to a designation so that it may operate its own aircraft on this route on a seasonal/intermittent basis going forward, with a start date on or around February 9, 2013. Frontier believes that unused US airline designations are available for this route.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999





July 6, 2012

Re: Polling Results

On behalf of Frontier Airlines, Inc., we have polled the US carrier representatives served with the above-referenced Request filed on June 28, 2012, and no carrier has objected to the relief sought therein.

Counsel: Hogan Lovells, Patrick Rizzi, 202-637-5659





Filed June 28, 2012 | Approved July 6, 2012

Department Approval of Request

We approve Frontier's reqnest to convert its Denver-IxtapalZihuatanejo operations from codeshare-only to direct-carrier (own-aircraft) senice. We acted on this request without awaiting expiration of the 15-day answer period with the consent of all parties scned with the application.

By: Brett Kruger


 

OST-2012-0027 - Exemption - St. Louis-Huatulco
OST-2011-0076 - US-Mexico Procedural Docket

December 5, 2012

Request of Frontier Airlines for Reactivation of Dormant Exemption Authority

Frontier hereby requests - to the extent necessary - the reactivation of dormant exemption authority to engage in scheduled foreign air transportation of persons, property and mail between St. Louis, Missouri and Huatulco, Mexico.

As a result of delays beyond its control, Frontier has not yet been able to commence its scheduled STL-HUX service. Instead, it has operated the route with charter services.

Based on recent information, Frontier now intends to commence its scheduled STL-HUX service on or about February 1, 2013. Accordingly, Frontier requests that, to the extent necessary, the Department reactivate its exemption authority for scheduled STL-HUX service.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999


 

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





OST-2008-0172 - Exemption - Los Angeles-La Paz
OST-2011-0076 - US-Mexico Procedural Docket

February 28, 2013

Notification of Termination of Service

Horizon Air Industries hereby submits notice that its last day of service in the following US-Mexico transborder market will be April 6, 2013.

Counsel: Squire Sanders, Charles Donley, 202-626-6840


 

February 28, 2013

Request of American Eagle for Designation

American Eagle Airlines, Inc. hereby requests designation under the US-Mexico Air Transport Agreement, as amended, in order to provide scheduled foreign air transportation of persons, property and mail between Dallas/Ft. Worth, Texas and Hermosillo, Mexico and Zacatecas, Mexico using small aircraft.

American Eagle proposes to operate nonstop service in these markets using Embraer regional jet aircraft with between 37 and 50 seats starting on or about June 12, 2013. American Eagle proposes to operate these aircraft in the two listed markets according to the following schedule:

Route Depart Arrive Frequency
DFW-Hermosillo 19:10 19:35 Daily
Hermosillo-DFW 7:00 11:30 Daily
DFW-Zacatecas 10:45 12:50 3x weekly
Zacatecas-DFW 13:30 15:50 3x weekly

Counsel: American, Francis Heil, 202-496-5642


 


March 5, 2013

Re: Polling Results

American Eagle has completed its polling of the carrier parties served with our February 28 request to provide scheduled foreign air transportation of persons, property and mail between Dallas/Ft. Worth, Texas and Hermosillo, Mexico and Zacatecas, Mexico using small aircraft.

We have received non-objections from each of the carrier parties we served. We request expedited approval of our request.

Counsel: American, Francis Heil, 202-496-5642





Filed February 28, 2013 | Approved March 5, 2013

Department Action on Application

We have approved the carrier’s request for authorization to provide direct-carrier (own-aircraft) service, using small aircraft (60 seats or less) on the following US-Mexico routes:

Dallas/Ft. Worth-Hermosillo
Dallas/Ft. Worth-Zacatecas

American Eagle states that it will institute the subject services on or about June 12, 2013. American Eagle further states that all of its operations are held out to the public under the AA* designator code of American Airlines, Inc. and requests, to the extent required, a codeshare authorization, as well.

By: Brett Kruger





Filed February 28, 2013 | Approved March 5, 2013

Department Action on Application

We have approved the carrier’s request for authorization to provide codeshare only service, using small aircraft (60 seats or less) on the following US-Mexico routes:

Dallas/Ft. Worth-Hermosillo
Dallas/Ft. Worth-Zacatecas

American states that its “AA*” designator code will be placed on the flights of American Eagle Airlines, Inc. in the Dallas/Ft. Worth-Hermosillo and Dallas/Ft. Worth-Zacatecas markets.

By: Brett Kruger


 

OST-2003-16529 - Exemption - Phoenix-Mazatlan
OST-2011-0076 - US-Mexico Procedural Docket

May 13, 2013

Motion of Mesa Airlines for Temporary Waiver of Dormancy Conditions

The current dormancy period expires before Mesa is scheduled to recommence nonstop service between Phoenix and Mazatlan on May 25, 2013. Accordingly, Mesa is requesting this temporary waiver of the dormancy period in order to bridge the gap between the end of the dormancy period and the restarting of its PHX-MZT service later this month.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999


 

OST-2003-16529 - Exemption - Phoenix-Mazatlan
OST-2011-0076 - US-Mexico Procedural Docket

May 15, 2013

Re: Polling Results

On behalf of Mesa Airlines, Inc., we have polled the US carrier representatives served with the above-referenced Motion filed on May 13, 2013, and no carrier has objected to the relief sought therein.

Counsel: Hogan Lovells, Patrick Rizzi, 202-637-5659


 

OST-2003-16529 - Exemption - Phoenix-Mazatlan
OST-2011-0076 - US-Mexico Procedural Docket

Filed May 13, 2013 | Approved May 16, 2013

Department Approval of Motion

We will require the carrier to institute service in the Phoenix-Mazatlan market no later than May 25, 2013. We acted on this motion without awaiting the expiration of the answer period with the consent of all parties served with the request.

By: Brett Kruger


 

June 14, 2013

Non-Opposition of United Air Lines

ExpressJet d/b/a United Express holds a designation to provide seasonal Los AngelesLeon/Guanajuato service using small aircraft pursuant to a codeshare agreement with United. ExpressJet has not yet had the opportunity to operate seasonal small aircraft service on this route and United has no immediate plans for ExpressJet to do so. Under these circumstances, United would not oppose another carrier seeking this designation to implement its own nonstop services between Los Angeles and Leon/Guanajuato

Counsel: Crowell & Moring, Gerald Murphy, 202-508-8855


 

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


 

OST-2010-0152 - Exemption - Denver/Kansas City-Mexican Cities
OST-2011-0076 - US-Mexico Procedural Docket

February 27, 2014

Notice of Dormancy

The pro-rate agreement between Republic Airline Inc. and Frontier Airlines, Inc. pursuant to which Republic operated US-Mexico services on Frontier’s behalf has been discontinued. Republic will therefore no longer provide service on the following transborder routes, and, pursuant to the condition attached to the corresponding authority to operate service on these routes and DOT Order 2012-1-30 Republic informs the Department that its designations on these routes are now available for other carriers:

Denver-Ixtapa/Zihuatanejo
Denver-Puerto Vallarta
Kansas City-Puerto Vallarta
Kansas City-San Jose del Cabo

In light of the dormancy of these US-Mexico services, Republic does not intend to apply for renewal of the exemption authority for these routes granted in Docket OST-2010-0152, which expires on May 14, 2014.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

March 6, 2014

Application of jetBlue Airways for Renewal of Certificate

jetBlue Airways Corporation respectfully requests that the Department of Transportation renew jetBlue’s certificate of public convenience and necessity to operate scheduled combination service between the United States, from Boston, MA, Fort Lauderdale, FL, New York, NY (JFK) and Orlando, FL, on the one hand, and Cancun, Mexico, on the other hand. DOT issued a combined certificate for the US-Mexico city-pair markets above as Route 895 through Order Issuing Certificates dated September 9, 2009 (Order 2009-9-4) in docket OST-2005-22228. JetBlue requests that its Certificate be reissued for another five year period.

jetBlue will continue its Boston, MA, Fort Lauderdale, FL, New York, NY (JFK) and Orlando, FL on the one hand, and Cancun, Mexico, on the other hand with A320 and E190 aircraft. jetBlue respectfully requests that the Department renew the certificate authority to operate scheduled combination service between the city pairs.

Counsel: Cooley LLP, Jonathan Hill, 202-842-7899


 

March 12, 2014

Notice of United Air Lines of Service Level Changes

United Airlines, Inc. hereby notifies the Department that the service United operates between: (1) Houston and Ixtapa/Zihuatanejo, Leon/Guanajuato and Monterrey, Mexico; and (2) Newark and Cozumel, Mexico will be on a seasonal, rather than a year-round, basis going forward.

Counsel: Crowell & Moring, Gerald Murphy, 202-508-8855


 

American Eagle Airlines, Inc.

Order 2014-4-13
OST-2014-0027
- Registration of Trade Name and Reissuance of Certificates of Convenience and Necessity
OST-2011-0076 - US-Mexico Procedural Docket

Issued and Served April 15, 2014

Order Revising Certificates and Registering Trade Name

On February 7, 2014, American Eagle Airlines, Inc., filed an application in Docket OST-2014-0027 requesting that the Department reissue its certificates of public convenience and necessity and certain other authorities currently issued to the company in the corporate name Envoy Air Inc. Specifically, American Eagle Airlines requests that the Department reissue its interstate certificate issued by Order 1998-4-24 and its foreign certificates for Routes 537, 905 and 906, issued by Orders 1998-5-12, 2011-8-9, and 2011-11-19, respectively. American Eagle Airlines also requests that the Department reissue its small-aircraft designations. The company states that this request is for a change in corporate name only and does not constitute a change in the air carrier’s operations, ownership, or management. The change in name is expected to occur on April 15, 2014.

By letter dated March 12, 2014, American Eagle Airlines also requested that the Department register to Envoy Air the trade name “American Eagle” for use in connection with the services that Envoy Air will perform on behalf of American Airlines, Inc.

Part 215 of the Department’s regulations provides that any air carrier wishing to change its name must first register that name with the Department. The rule further states that the Department may register such name after the air carrier gives notification to similarly named air carriers of the proposed use of the name. In this case, we identified no similarly named air carriers.

Therefore, by this order, we (1) revise American Eagle Airlines’ interstate certificate to reflect the company’s new corporate name; (2) revise American Eagle Airlines’ foreign certificates to reflect the change in corporate name; and (3) register the trade name “American Eagle” for use by Envoy Air in certain of its air transportation operations.

By: Todd Homan


 

Allegiant Air

OST-2013-0128 - Exemption - Las Vegas-Hermosillo/Los Cabos/San Jose del Cabo
OST-2011-0076 - US-Mexico Procedural Docket

July 28, 2014

Notice of Dormancy

Allegiant Air has decided not to initiate scheduled service between Las Vegas, Nevada, on one hand, and Hermosillo and San Jose del Cabo, Mexico, on the other hand, for the foreseeable future. This service was authorized by Notice of Action Taken dated July 22, 2013 (OST-2013-0128). Expiration of the dormancy period for the routes is August 29, 2014.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970


 

Frontier Airlines, Inc.

OST-2011-0076 - US-Mexico Procedural Docket
OST-2014-0133 - Certificate of Public Convenience and Necessity - US-Mexico

July 31, 2014

Application for a Certificate of Public Convenience and Necessity

Frontier Airlines, Inc. hereby applies for a consolidated certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail between: 1) Chicago, Illinois; Lansing, Michigan; Milwaukee, Wisconsin; and Rockford, Illinois; on the one hand, and Puerto Vallarta, Mexico; 2) Cincinnati, Ohio; Cleveland, Ohio; Lansing, Michigan; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Rockford, Illinois; and Washington, D.C., on the one hand, and Cancun, Mexico; 3) Chicago, Illinois and St. Louis, Missouri, on the one hand, and San Jose del Cabo, Mexico; and 4) Chicago, Illinois and St. Louis, Missouri, on the one hand, and Huatulco. Mexico. Frontier also requests a designation to operate in the Milwaukee-Puerto Vallarta market. Frontier requests that the certificate be granted for a period of five years consistent with DOT precedent.

Frontier holds a certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail on certain routes between the United States and points in Mexico. The carrier also holds exemption authority for additional US-Mexico service. Frontier requests that its existing US-Mexico exemption authorities be consolidated into a US-Mexico certificate, along with its concurrently requested exemption authorizing Milwaukee-Puerto Vallarta service, pursuant to the procedures described in the Department's Notice dated February 13, 2009 in
Docket OST-2005-22228 and Order 2012-1-30 establishing the Mexico Procedural Docket (OST-2011-0076). As required by the Department's Notice, Frontier holds a blanket open skies certificate, making it eligible for the consolidated certificate.

Under the consolidated certificate, Frontier would be authorized to engage in scheduled foreign air transportation of persons, property and mail between: 1) Chicago, Illinois; Lansing, Michigan; Milwaukee, Wisconsin; and Rockford, Illinois; on the one hand, and Puerto Vallarta, Mexico; 2) Cincinnati, Ohio: Cleveland, Ohio; Lansing, Michigan; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Rockford, Illinois: and Washington, D.C., on the one hand, and Cancun, Mexico; 3) Chicago, Illinois and St. Louis, Missouri, on the one hand, and San Jose del Cabo, Mexico; and 4) Chicago, Illinois and St. Louis. Missouri, on the one hand, and Huatulco, Mexico.

In the Matter of Consolidated International Route Authority for Frontier Airlines, Inc. under 49 USC §41102 for a certificate of public convenience and necessity (US-Mexico), Order 2011-6-12, dated April 6. 2011 (OST-2005-22228). authorizing Frontier to engage in scheduled foreign air transportation of persons, property and mail over the following US-Mexico city-pair route segments· Denver-Cancun; Denver-Cozumel; Denver-lxtapa/Zihuatanejo; DenverMazatlan; Denver-Puerto Vallarta: Denver-San Jose del Cabo: Indianapolis-Cancun; Kansas City-Cancun; Kansas City-Puerto Vallarta; Kansas City-San Jose del Cabo; Milwaukee-Cancun; St Louis-Cancun; St. Louis-Puerto Vallarta; and Salt Lake City-Cancun.

See Notices of Action Taken, dated June 13, 2013 (OST-2013-0116); August 16, 2013 (OST-2013-0144); November 13, 2013 (OST-2011-0209 and OST-2011-0214); January 31 , 2014 (OST-2012-0027); and July 28, 2014 (OST-2014-0122).

Counsel: Cozen O'Connor, Mark Atwood, 202-463-2513 / Lachter & Associates, Stephen Lachter, 202-862-4321


 

October 8, 2014

Change of United Airlines to Seasonal Service

United holds an operating designation to provide year-round scheduled service between Chicago and San Jose del Cabo, Mexico. United is writing to advise the Department that it has decided to serve this route on a seasonal, rather than a year-round, basis going forward, and requests that the Department convert United’s designation accordingly. United understands that of the three US carriers providing Chicago-San Jose del Cabo service, only United’s designation provides for year-round operations (See Notice of Action Taken dated June 28, 1999 in Docket OST-1999-5830 and Order 2000-5-31 (American); and Notice of Action Taken dated December 9, 2011 in Docket OST-2011-0214, at n. 1 (Frontier).). Granting United’s request would thus provide it with the same flexibility that United’s competitors have with respect to this route (United reserves the right to withdraw this request in the event that any carriers object to the conversion of United’s designation to seasonal service).

In the event that the Department decides not to grant United’s request to convert its Chicago-San Jose del Cabo designation to seasonal service, United requests a temporary waiver of the 90-day dormancy condition, until November 22, 2014, to cover an extended gap in its operations relating to the destruction at Los Cabos International Airport that was caused by Hurricane Odile in mid-September.

United last operated its Chicago-San Jose del Cabo service on August 17, 2014 and had originally planned to resume this service on September 17, 2014. But due to the impact of Hurricane Odile, United now plans to resume this service just 94 days after its last operation on this route.

Counsel: Crowell & Moring, Gerald Murphy, 202-508-8855


 

jetBlue Airways Corporation

Order 2014-12-1
OST-2011-0076 - US-Mexico Procedural Docket
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

Issued September 30, 2014 | Served December 2, 2014

Order Issuing Certificate

By application filed March 6, 2014, jetBlue requests renewal of its certificate for Route 895, to provide combination service between Boston, MA; Fort Lauderdale, FL; New York, NY; and Orlando, FL; on the one hand, and Cancun, Mexico, on the other hand. jetBlue has advised that it is not seeking renewal of its previously-held certificate authority for services in the Washington, DC-Cancun and Tampa-Cancun markets.. Our action here renews the carrier’s Route 895 certificate.

Own-Aircraft Markets:

New York/Newark-Cancun - OST-2005-23494
Ft. Lauderdale-Cancun - OST-2008-0372
Boston-Cancun - OST-2006-26525
Orlando-Cancun - OST-2007-0071

By: Paul Gretch


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-2014-0179
- Exemption - Dallas/Ft. Worth-Leon/Guadalajara/Queretaro

January 22, 2015

Motion of Mesa Airlines for Temporary Waiver of Dormancy Conditions

Mesa hereby moves the Department for a temporary waiver of the dormancy period attached to Mesa’s exemption authority to operate scheduled foreign air transportation of persons, property and mail between Dallas/Ft. Worth, on the one hand, and Leon/Guanajuato and Queretaro, Mexico.

The application and approval process with the Mexican government has taken longer than expected. Accordingly, Mesa is requesting this temporary waiver of the dormancy period in order to bridge the gap between the end of the current dormancy period and the date by which Mesa estimates it will be able to begin operating these services, i.e., until April 15, 2015.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-2014-0179
- Exemption - Dallas/Ft. Worth-Leon/Guadalajara/Queretaro

January 27, 2015

Re: Polling Results

We have polled the US air carrier representatives served with the above-referenced motion, filed on January 22, 2015, and no carrier has objected to the relief sought therein.

Counsel: Hogan Lovells, Patrick Rizzi, 202-637-5600


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-1999-6663 - UPS - US-Mexico All-Cargo

February 2, 2015

Application for Certificate Amendment

United Parcel Service Co. hereby applies for an amendment of its US-Mexico Certificate of Public Convenience and Necessity and a related Exemption, as well as a designation under the US-Mexico Air Transport Agreement, authorizing it to provide scheduled foreign air transportation of property and mail between Houston, Texas and Monterrey, Mexico.

UPS wishes to launch this service in the near future, and is accordingly seeking expedited relief from the Department.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-1999-6663 - UPS - US-Mexico All-Cargo

February 5, 2015

Re: Polling Results

By Application dated February 2, 2015, United Parcel Service Co. applied for an amended Certificate of Public Convenience and Necessity, an Exemption, and a designation under the US-Mexico Air Service Agreement.

UPS has polled all interested parties, and no party has objected to the Application. For this reason, UPS respectfully requests that the Department promptly grant the requested authority.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-1999-6663 - UPS - US-Mexico All-Cargo

Filed February 2, 2015 | Issued February 11, 2015

Notice of Action Taken

Exemption for scheduled foreign air transportation of property and mail between Houston, Texas, and Monterrey, Mexico. UPS proposes to commence services in the Houston-Monterrey market beginning on or before May 26, 2015.

Amended certificate for scheduled foreign air transportation of property and mail between Houston, Texas, and Monterrey, Mexico. We will handle UPS’ request for amended certificate authority separately.

By: Paul Gretch


 

OST-1999-6663 - Certificate - US-Mexico All-Cargo
OST-2011-0076 - US-Mexico Procedural Docket

March 24, 2015

Application for Certificate Amendment

UPS hereby applies for an amendment of its US-Mexico Certificate of Public Convenience and Necessity and a related Exemption, as well as a designation under the US-Mexico Air Transport Agreement authorizing it to provide scheduled foreign air transportation of property and mail between Dallas, Texas and Mexico City, Mexico. UPS wishes to launch this service in the near future, and is accordingly seeking expedited relief from the Department.

UPS currently holds authority to operate scheduled all-cargo service between the US and Mexico pursuant to its Certificate of Public Convenience and Necessity for Route 569, which was first issued in 1989, and was most recently renewed in 2013. UPS requests that the Department amend this Certificate to include authority to operate scheduled foreign air transportation of property and mail between DFW and MEX.

See Order 1989-9-36 (Sep. 15, 1989), most recently renewed by DOT Order 2013-7-7 (May 8, 2013). UPS also holds exemption authority to operate between Los Angeles and Guadalajara. See Notice of Action Taken, Docket OST-2000-7282 (May 1, 2013) (a timely application for renewal was filed on December 19, 2014).

Counsel: Holland & Knight, Anita Mosner, 202-419-2604


 

April 1, 2015

Re: Polling Results

By Application dated March 24, 2015, United Parcel Service applied for an amended Certificate of Public Convenience and Necessity, an Exemption, and a designation under the US-Mexico Air Service Agreement.

UPS has polled all interested parties, and no party has objected to the Application. For this reason, UPS respectfully requests that the Department promptly grant the requested authority.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604





Filed March 24, 2015 | Issued April 2, 2015

Notice of Action Taken

Exemption for scheduled foreign air transportation of property and mail between Dallas/Ft. Worth, Texas and Mexico City, Mexico. UPS proposes to commence services in the Dallas/Ft. Worth-Mexico City market beginning on or before November 1, 2015.

We will handle UPS’ request for amended certificate authority separately.

By: Paul Gretch


 

OST-2014-0203 - Exemption - Miami-Cozumel Codesharing with American Eagle
OST-2011-0076 - US-Mexico Procedural Docket

June 15, 2015

Motion of Republic Airline for Temporary Waiver of Dormancy Conditions

The current dormancy period for this authority is scheduled to expire before Republic is now expected to commence this service after receiving certification for the E-175 for extended overwater operations. Accordingly, Republic is requesting this temporary waiver of the dormancy period in order to bridge the gap between the end of the current dormancy period and the date by which Republic now anticipates it will begin operating these services, i.e., until January 1, 2016.

This scheduled service will benefit consumers by enabling Republic, operating as “American Eagle," to enhance competitive trans-border service offerings to Cozumel from Florida.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999


 

OST-2014-0188 - Exemption - Fort Lauderdale/Orlando-Mexico City
OST-2011-0076 - US-Mexico Procedures for US Carriers

June 26, 2015

Motion of JetBlue Airways for a Temporary Waiver of Dormancy Conditions

JetBlue requests a temporary waiver of the dormancy condition applicable to JetBlue's exemption to provide scheduled foreign air transportation of persons, property and mail between Fort Lauderdale and Orlando, Florida, on the one hand, and Mexico City, Mexico, on the other hand. JetBlue will poll regarding this motion and report the polling results to the Department as soon as possible.

Due to unforeseen delays related to confirmation of JetBlue's slots at MEX, and to ensure it has sufficient time to market the flights, JetBlue anticipates that it will initiate service on or about October 1, 2015 and requests that its existing donnancy condition begin to run from that date in order to bridge the gap between the end of the current dormancy period and the planned initiation of its Fort Lauderdale/Orlando-Mexico City service.

The Department has often granted waivers of startup and dormancy conditions under appropriate conditions, and should address this request in similar fashion. See, e.g., Departmental Approval, January 21, 2010 (Docket OST-2009-0194); Notices of Action Taken, January 15, 2009 (Docket OST-2007-28567); Notice of Action Taken, October 17, 2000 (OST-2000-6911).

Counsel: Eckert Seamans, Evelyn Sahr, 202-659-6600

 

OST-2014-0188 - Exemption - Fort Lauderdale/Orlando-Mexico City
OST-2011-0076 - US-Mexico Procedures for US Carriers

July 1, 2015

Re: Polling Results

On behalf of JetBlue Airways Corporation, we have polled the US carrier representatives served with the above-referenced Motion filed on June 26, 2015, and no carrier has objected to the relief sought therein. Given this, we respectfully request that the Department take prompt action in approving JetBlue’s request.

Counsel: Eckert Seamans, Drew Derco, 202-659-6665


 

OST-2011-0209 - Exemption - Philadelphia/Cleveland/Rockford-Cancun
OST-2011-0214 - Exemption - Chicago-Cancun/Puerto Vallarta/San Jose del Cabo
OST-2011-0076 - Mexico Procedural Docket

August 31, 2015

Notice of Dormancy of Frontier Airlines

Pursuant to Order 2012-1-30 in the Mexico Procedural Docket and in accordance with the terms of Condition 7 of Appendix A of Order 1988-10-2, Frontier Airlines, Inc. hereby submits notice that it has discontinued service in the following U.S.-Mexico transborder markets: 1) Rockford, Illinois-Cancun, Mexico; 2) Chicago, Illinois-Puerto Vallarta, Mexico; and 3) Chicago, Illinois-San Jose del Cabo, Mexico.

In light of the dormancy of these US-Mexico services, Frontier hereby informs the Department that it does not intend to apply for renewal of the exemption authority for these routes granted in Dockets OST-2011-0209 and OST-2011-0214, which expires on November 13, 2015.

Counsel: Cozen O'Connor, Stephen Lachter, 202-463-2513


 

OST-2014-0203 - Exemption - Miami-Cozumel Codesharing with American Eagle
OST-2011-0076 - US-Mexico Procedural Docket

Filed June 15, 2015 | Approved July 1, 2015

DOT Granting Motion for Temporary Waiver of Dormancy Conditions

We will require the carrier to institute service in the Miami-Cozumel market no later than January 1, 2016.

By: DOT


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

November 18, 2015

Application for Renewal of Certificate of Public Convenience and Necessity

Frontier Airlines, Inc. hereby applies for renewal of its certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail between: 1) Denver, Colorado and Cancun, Mexico; 2) Denver, Colorado and Puerto Vallarta, Mexico; 3) Denver, Colorado and San Jose del Cabo, Mexico; and 4) St. Louis, Missouri and Cancun, Mexico. The Department granted a consolidated certificate for these US-Mexico city-pair markets to Frontier as Route 904 by Order 2011-6-12 dated June 9, 2011 in Docket OST-2005-22228. Frontier requests that its certificate be renewed and reissued for another five-year period.

The Department also granted Frontier certificate authority to operate the following US-Mexico routes: 1) Denver-Cozumel; 2 ) Denver-lxtapa/Zihuatanejo 3; ) Denver-Mazatlan; 4) Indianapolis-Cancun; 5) Kansas City-Cancun; 6) Kansas City-Puerto Vallarta; 7) Kansas City-San Jose del Cabo; 8) Milwaukee-Cancun; 9) St. Louis-Puerto Vallarta; and 10) Salt Lake City-Cancun. Frontier no longer operates service in these city-pair markets and is not renewing its certificate authority for these routes. See Notice of Dormancy of Frontier Airlines, Inc., November 10, 2015 (Docket OST-2011-0076).

Counsel: Cozen O'Connor, Stephen Lachter, 202-463-3416


 

OST-2014-0203 - Exemption - Miami-Cozumel Codesharing with American Eagle
OST-2011-0076 - US-Mexico Procedural Docket

January 12, 2016

Motion for Extension of Waiver of Dormancy Conditions

Republic Airline Inc. hereby moves the Department for a limited extension of its temporary waiver of the dormancy period applicable to Republic’s exemption authority to operate scheduled foreign air transportation of persons, property and mail between Miami, Florida and Cozumel, Mexico.

In mid-2015, Republic sought, and the Department granted, a waiver of the dormancy period attached to its January 2015 NOAT. See July 1, 2015 Notice. The Department indicated in its waiver that the new start-up date by which service should commence would be January 1, 2016.

It now appears that, as a result of delays with Republic’s EOW (extended overwater) exemption and with the Mexican DGAC, its MIA-CZM service on behalf of American Airlines, Inc. will not start until March 3, 2016. However, given the vagaries and unpredictability of the Mexican government regulatory processes, Republic asks that the scheduled start-up for this service be extended briefly to April 1, 2016.

This scheduled service will benefit consumers by enabling Republic, operating as “American Eagle”, to enhance competitive trans-border service offerings to Cozumel from Florida.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999




OST-2014-0203 - Exemption - Miami-Cozumel Codesharing with American Eagle
OST-2011-0076 - US-Mexico Procedural Docket

January 13, 2016

Re: Polling Results

We have polled the US air carrier representatives served with the above-referenced motion, filed on January 12, 2016, and no carrier has objected to the relief sought therein.

Counsel: Hogan Lovells, Jonathan Echmalian, 202-637-5600




OST-2014-0203 - Exemption - Miami-Cozumel Codesharing with American Eagle
OST-2011-0076 - US-Mexico Procedural Docket

Filed Motion January 12, 2016 | Approved January 19, 2016

Approval of Motion for Extension of Waiver of Dormancy Conditions

We grant Republic’s request for a temporary waiver of the dormancy condition applicable to its Miami-Cozumel exemption authority in Docket OST-2014-0203, until April 1, 2016. We acted on this motion without awaiting expiration of the answer period with the consent of all parties served.

By: Brett Kruger


 

OST-2011-0076 - US-Mexico Procedural Docket
OST-1997-3289 - AeroMexico - Blanket US-Mexico Beyond Gateways Codesharing
OST-2000-7708 - Delta and AeroMexico - United States-Mexico Codesharing
OST-2013-0115 - AeroMexico and Delta- Atlanta-Leon/Guanajuato Codesharing

June 10, 2016

Motion of Delta Air Lines for a Waiver of Dormancy Conditions and Notice of Service Level Changes

Delta hereby moves the Department for a temporary waiver of the dormancy period attached to Delta’s exemption authority to operate scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia and Leon/Guanajuato, Mexico.

The current dormancy period for this authority expired before Delta was able to commence these services. Accordingly, Delta is requesting this temporary waiver of the dormancy period in order to bridge the gap between the end of the current dormancy period and the date by which Delta estimates it will be able to begin operating these services, i.e., until December 17, 2016.

In addition, Delta hereby notifies the Department that this own-metal service between Atlanta and Leon/Guanajuato will be on a seasonal, rather than a year-round, basis going forward.

Counsel: Delta, Christopher Walker, 202-216-0700




OST-2011-0076 - US-Mexico Procedural Docket
OST-1997-3289 - AeroMexico - Blanket US-Mexico Beyond Gateways Codesharing
OST-2000-7708 - Delta and AeroMexico - United States-Mexico Codesharing
OST-2013-0115 - AeroMexico and Delta- Atlanta-Leon/Guanajuato Codesharing

Filed June 10, 2016 | Approved June 23, 2016

DOT Approval of Motion of Delta Air Lines for Waiver of Dormancy Conditions

We grant Delta's request for a temporary waiver of the dormancy condition application to its Atlanta-Leon/Guanajuato exemption authority in Docket OST-2013-0115, until December 17, 2016.

By: Darren Jaffe


 

OST-2014-0188 - Exemption - Fort Lauderdale/Orlando-Mexico City
OST-2011-0076 - US-Mexico Procedures for US Carriers

Filed June 26, 2015 | Approved July 2, 2015

DOT Approval

We grant JetBlue’s request for an extension of the start-up date. The dormancy notice period will begin October 1, 2015. We acted on this request without awaiting expiration of the answer period with the consent of all parties served.

By: Brett Kruger


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