In the matter of U.S.-Germany; Third/Fourth/Fifth Freedom Frequency Allocations for the 1994-95 Winter Season; Docket 49673

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

In the matter of U.S.-Germany; Third/Fourth/Fifth Freedom

Frequency Allocations for the 1994-95 Winter Season; Docket 49673

SUMMARY: By this notice, we invite interested U.S. carriers to apply

for allocation of the available frequencies for third/fourth/fifth

freedom combination-service operations in the U.S.-Germany market for

the upcoming winter season (i.e. November 1, 1994--March 31,

1995).1

\1\This notice addresses only the services for third/fourth/and

fifth freedom operations. Third-country code-share designation/

frequency applications is being addressed in a separate notice.

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BACKGROUND: On May 24, 1994, representatives of the United States and

the Federal Republic of Germany signed a new Agreement for Transitional

Arrangements for Air Transport Services. Under provisions of this

Agreement, scheduled combination services are subject to seasonal

frequency limitations. For the upcoming winter season, U.S. scheduled

combination carriers may operate a total of 253 weekly round-trip

frequencies for U.S.-Germany (third/fourth freedom) services and 120

weekly round-trip frequencies for Germany-third country (fifth freedom)

services.2 The Agreement further provides that thirty days prior

to each traffic season, each Party shall notify the other Party through

diplomatic channels of the initial allocation of the frequencies among

its airlines.3

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\2\Article 6, Section 1 (A)(1) provides that airlines designated

by the United States may operate 106 weekly round-trip fifth freedom

frequencies during the upcoming winter season. Furthermore, under

the Section 1 (A)(2), an additional 14 weekly round-trip fifth

freedom frequencies are available provided that the United/Lufthansa

rights in the London-Germany market noted in Appendix B to the

Agreement have been effectuated. Since United and Lufthansa are

operating these services, the additional 14 frequencies are

available to U.S. carriers this winter season.

\3\ Article 6, Section 5 A.

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Applications

To facilitate our allocation of these frequencies, we invite all

U.S. carriers interested in using the third/fourth/fifth freedom

frequencies to file their applications with the Department in Docket

49673.

Applications should include the following information (identify

separately for third/fourth and fifth freedom frequencies): (a) the

overall number of frequencies requested; (b) the markets to be served;

(c) distribution of the requested frequencies by market; (d) aircraft

to be used (per market) and (e) manner of operation (i.e., direct

service/own aircraft or code share; if code share, identify with which

carrier and over what third country point, if applicable).

Applicant carriers that have previously been allocated and operated

flights in third/fourth/fifth freedom markets for the 1993/94 winter

season should also provide the following information with respect to

those operations (identify separately for third/fourth and fifth

freedom allocations): (a) the number of flights previously allocated;

(b) markets served; (c) frequencies operated per market and period of

operation for each market; (d) aircraft type per market; and (e) manner

of operation (i.e., direct service/own aircraft or code share; if code

share, identify with which carrier and over what third country point,

if applicable).4

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\4\If there was a cessation of service, no matter how short, in

any market for any period during the past winter season, such

interruption of service should be noted. If services were changed

from one market to another during the past winter season, this also

should be indicated.

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Applicants are also free to submit any additional information that

they believe will help us in making our decision.

An original and 12 copies of each application should be filed with

the Department's Docket Section, Room 4107, 400 Seventh Street S.W.,

Washington, D.C., in Docket 49673 and served on all parties on the

attached list.

Procedural Schedule

In light of the 30-day advance notice requirements set forth in the

Agreement, it is important that we complete the allocation process as

quickly as possible. Therefore, we will require that applications and

responsive pleadings be filed according to the following schedule:

Applications: August 4, 1994.

Answers: August 11, 1994.

Replies: August 18, 1994.

We will serve this notice on all U.S. air carriers holding

authority to operate foreign scheduled combination air transportation

with large aircraft, and will publish this Notice in the Federal

Register.

Dated: July 21, 1994.

Patrick V. Murphy,

Acting Assistant Secretary for Aviation and International Affairs.

R. Tenney Johnson, Counsel for Air Micronesia Inc, Suite 600, 2300 N

Street NW, Washington DC 20037

John Gillick, Counsel for America West Airlines, Wintrhop Stimson

Putnam &, Suite 1200, 1133 Connecticut Ave NW, Washington DC 20036

Russell E. Pommer, Counsel for Business Express Inc, Verner Liipfert

Bernhard, Suite 700, 901 15th Street NW, Washington, DC 20005-2301

Lorraine B. Halloway, Counsel for Continental, Micronesia D/B/A,

Continental/Air Micronesia, Crowell & Moring, 1001 Pennsylvania Ave.,

NW., Washington, DC 20004-2595

Richard P. Taylor, Counsel for Evergreen Intl. Airlines, Steptoe &

Johnson, 1330 Connecticut Ave. NW, Washington, DC 20036

Nathaniel Breed, Counsel for Federal Express, Shaw Pittman Potts &,

2300 N Street NW, Washington, DC 20036

Marshall S. Sinick, Counsel for Alaska Airlines Inc. Suite 500, 1201

Pennsylvania, Ave., NW, Washington, DC 20004

Carl B. Nelson Jr., Assoc. General Counsel, American Airlines Inc.,

1101 17th Street, NW, Washington, DC 20036

Robert N. Duggan, Counsel for Carninval Air Lines Inc., Mercer Moore &

Assoc., Suite 502, 700 S Royal Poinciana Bl., Miami Springs, FL 33166

Robert E. Cohn, Counsel for Delta Air Lines, Inc. Shaw Pittman Potts &,

2300 N Street NW, Washington, DC 20037

Carl B Nelson, Jr., Counsel for Executive Airlines, D/B/A American

Eagle, 1101 17th Street NW, Washington, DC 20036

Jonathan B. Hill, Counsel for Hawaiian Airlines, Dow Lohnes &

Albertson, 1255 23rd St., NW, Washington, DC 20037

Marshall S. Sinick, Counsel for Aloha Airlines Inc., Suite 500, 1201

Pennsylvania Ave., NW, Washington, DC 20004

Mark W. Atwood, Counsel for American Trans Air, Galland Kharasch Morse

&, 1054 31st Street, NW, Washington, DC 20007

R. Bruce Keiner, Jr., Counsel for Continental Airlines, Crowell &

Moring, 1001 Pennsylvania Ave., NW, Washington, DC 20004-2595

R. Tenney Johnson, Counsel for DHL Airways, Suite 600, 2300 N Street,

NW, Washington, DC 20037

Johathan B. Hill, Counsel for Express one Intl., Dow Lohnes &

Albertson, 1255 23rd St. NW., Washington, DC 20037

John R. Degregorio, Counsel for MGM Grand Air Inc., Galland Kharasch

Morse &, 1054 31st Street, NW, Washington, DC 10007-4492

Peter B. Kenney, Jr., Assoc General Counsel, Northwest Airlines Inc.,

901 15th Street, NW, Washington, DC 10005

Carl B. Nelson Jr., Counsel for Simmons Airlines Inc, D/B/A American

Eagle, 1101 17th Street, NW, Washington, DC 20036

Stephen L. Gelband, General Counsel to Tower Air, Hewes Moreles Gelband

&, Suite 300, The Flour Mill, 1000 Potomac St., NW, Washington, DC

20007

Nathaniel Breed, Counsel for USAfrica Airways Inc., 11180 Sunrise

Valley Dr., Reston, VA 22091

Robert E. Cohn/Sheryl Israel, Counsel for Worldwide Airlines Serv.,

Shaw Pittman Potts &, 2300 N. Street, NW., Washington, DC 20037

Jim Marquez, Counsel for Private Jet Expeditions, McNair & Sanford,

Madison Office Blg., Ste., 400, 1155 15th Street, NW, Washington, DC

20005

Mark W. Atwood, Counsel for Spirit Airlines Inc., Galland Kharasch

Morse &, 1054 31st Street, NW, Washington, DC 20007-4492

Michael G. Whitaker, Asst. General Counsel, Reg. & Intl. Affairs, Trans

World Airlines, Suite 520, 808 17th Street, NW, Washington, DC 20006

Frank Cotter, Asst. General Counsel, USAir Inc., Crystal Park Four,

2345 Crystal Drive, Arlington, VA 22227

Mark S. Kahan, Counsel for Renown Aviation Inc., Galland Kharasch

Morse, 1054 31st Street, NW Washington, DC 20007-4492

Dennis N. Barnes, Counsel for Sun Country Airlines, Morgan Lewis

Bockius, 1800 M Street NW #600N, Washington, DC 20036

Joel Stephen Burton, Counsel for United Air Lines Inc., Ginsburg

Feldman & Bress, Suite 800, 1250 Connecticut Ave., NW., Washington, DC

20036

Vance Fort, Senior VP-Govt/Legal World Airways Inc., 13873 Park Center

Rd., Herndon, VA 22071

[FR Doc. 94-18266 Filed 7-26-94; 8:45 am]

BILLING CODE 4910-62-P