In the Matter of U.S.-Germany; Third/Fourth/Fifth Freedom Frequency Allocations for the 1995 Summer Season

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket 49818]

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

Frequency Allocations for the 1995 Summer Season

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 summer season (i.e., April 1, 1995-October 31, 1995).

Background

Under the May 1994 U.S.-Germany Agreement for Transitional

Arrangements for Air Transport Services (Agreement), scheduled

combination services are subject to seasonal frequency limitations. For

the coming summer season, U.S. scheduled combination carriers may

operate a total of 262 weekly round-trip frequencies for U.S.-Germany

(third/fourth-freedom) services and 134 weekly round-trip frequencies

for Germany-third country (fifth-freedom) services.1 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.2

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

by the United States may operate 120 weekly round-trip fifth freedom

frequencies during the coming summer season. Furthermore, under

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

frequencies are available because the United/Lufthansa rights in the

London-Germany market noted in Appendix B to the Agreement have been

effectuated.

\2\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

49818.

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 the third/fourth/fifth-freedom markets for the 1994 summer

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).3

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\3\If there was a cessation of service, no matter how short, in

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

interruption of service should be noted. If services were changed

from one market to another during the past summer 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. 20590, in Docket 49818, and served on all parties on

the attached list.

Procedural Schedule

In light of the numerous coming holidays, in the interests of the

carriers and the Department, and to facilitate a timely processing of

this case, we will require that applications and responsive pleadings

be filed according to the following schedule:

Applications: October 27, 1994

Answers: November 7, 1994

Replies: November 14, 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: October 6, 1994.

Patrick V. Murphy,

Acting Assistant Secretary for Aviation and International Affairs.

Attachment

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, 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 Blv, 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

William Doherty, Director of Military & International Affairs, American

Trans Air, 7337 W Washington St, Indianapolis IN 46231

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

Morris Garfinckle, 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 2005

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, 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 Off, Bldg #400, 1155 15th St NW, Washington DC 20005

Mark W Atwood, Counsel for Spirit Airlines Inc, Galland Kharasch, 1054

31st Street NW, Washington DC 20007-4492

Dick Fahy, 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, 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, United Air Lines, 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. 94-25498 Filed 10-13-94; 8:45 am]

BILLING CODE 4910-62-P