# In the Matter of U.S.-Germany; Third Country Code-Share Designations and Frequency Allocations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-18267 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** July 27, 1994 ## Text DEPARTMENT OF TRANSPORTATION [Docket 49674] In the Matter of U.S.-Germany; Third Country Code-Share Designations and Frequency Allocations Summary By this notice, we invite interested U.S. carriers to apply for the two available designations and available frequencies for operation of third-country code-sharing services in the U.S.-Germany market for the period November 1, 1994-October 31, 1996. 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 (Agreement). Under the provisions of this Agreement, for the period November 1, 1994-October 31, 1996, two U.S. carriers may be designated to serve Germany pursuant to code-share arrangements with two airlines of third countries.1 In holding out these services each airline may serve a single point in the respective intermediate country, and no two airlines designated by the same Party may serve the same intermediate point. In addition, these operations are limited to a total of 1428 weekly one-way frequencies.2 --------------------------------------------------------------------------- \1\ Eligible third-country code-share partners are limited to any member of the European Union (except the Federal Republic of Germany), Liechtenstein, Sweden, Norway, Finland, Iceland, Austria, Canada, and Mexico. (Article 5 D(1).) \2\Article 6, Section 4 B(1)(b). The Agreement also provides that the frequency level increases to a total of 1848 weekly one-way frequencies during the period November 1, 1996--October 31, 1997. Id., Section 4 B(1)(c). --------------------------------------------------------------------------- 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 --------------------------------------------------------------------------- \3\ Article 6, Section 5 A. --------------------------------------------------------------------------- The U.S. previously was entitled to authorize only one carrier to operate on a third-country code-share basis for U.S.-Germany services. Northwest Airlines has been designated for this service since November 1993. When Northwest was last authorized (March 24, 1994) to use the third-country code-share designation, it had requested that its designation be effective through October 31, 1995. The Department, in extending Northwest's designation through this summer season (i.e., October 31, 1994), deferred on a decision concerning which carriers would be authorized to use available rights after November 1, and stated that further procedures regarding these designations would be announced at a later date.4 --------------------------------------------------------------------------- \4\See Notice served March 24, 1994 (not published in Federal Register). --------------------------------------------------------------------------- Applications Given the provisions of Article 6, Section 4 B(1)(b) of the new U.S.-Germany Agreement, we invite U.S. carriers interested in using the available designations and frequencies for third-country code-share operations in the U.S.-Germany market to file such applications in Docket 49674.5 --------------------------------------------------------------------------- \5\ Northwest currently has an undocketed application on file for this designation for the period through October 31, 1995. By this notice, however, we are extending the period for which the authorization will be effective pursuant to the terms within the new Agreement. Therefore, rather than supplementing its previous application, we will require Northwest to file a new application in the established docket following the requirements set forth in this notice. Northwest is free to attach and incorporate by reference its previous application for this designation. In addition, since Northwest is the only carrier that has used the third-country code- share opportunity, we will require that its application also contain the following information regarding its operations since November 1, 1993: (a) a statement of number of flights previously allocated, (b) the markets served and frequencies per market and period of operation for each market and (c) the aircraft types used for each market. --------------------------------------------------------------------------- Applications should include, at a minimum, the following information: (a) the number of frequencies requested; (b) the code- share partner involved and the country over which the services will be provided; (c) existing authority held to conduct the operations, if applicable;6 (d) proposed startup date; --------------------------------------------------------------------------- \6\ Applicant carriers without the requisite underlying authority to serve Germany should file certificate and/or exemption applications to serve the affected markets no later than August 4, 1994. Response dates to such applications will correspond to those set forth in this notice for applications for frequency applications. (e) markets to be served, frequencies per market, and duration of service in each market; and (f) type of aircraft to be used in each market. --------------------------------------------------------------------------- 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 SW, Washington, D.C. 20590, in Docket 49674 and should be filed 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 designation/allocation process as quickly as possible. Therefore, we will require that applications and responsive pleadings be filed in accordance with the following schedule: Applications: August 4, 1994 Answers: August 11, 1994 Replies: August 18, 1994 We will serve this notice upon all U.S. air carriers licensed to conduct scheduled foreign combination services 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, Winthrop 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 20037 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 Carnival 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 Jonathan 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 20007-4492 Peter B Kenney Jr, Assoc General Counsel, Northwest Airlines Inc, 901 15th Street NW, Washington DC 20005 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 Bldg, 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, 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. 94-18267 Filed 7-26-94; 8:45 am] BILLING CODE 4910-62-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-18267. Public record. Not legal advice.