 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 28, 2004 

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17986

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This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

By Notice of Action Taken (NOAT), dated July 6, 2004, we granted the
joint application of Air Wisconsin Corporation, Chautauqua Airlines,
Inc., Mesa Airlines, Inc., Republic Airline, Inc. Shuttle America Corp.,
Sky West Airlines, Inc., Trans States Airlines, Inc. (Joint Applicants)
for interim statements of authorization under 14 CFR Part 212, for a
90-day period, to enable them to carry the codes of certain foreign
carriers (described below) on services that Joint Applicants operate as
United Express, pending finalization and Departmental review of relevant
contractual agreements.  The foreign carriers involved are:  Air Canada,
All Nippon Airways Co. Ltd., Austrian Airlines, Österreichische
Luftverkehrs AG, British Midland Airways Limited, Deutsche Lufthansa AG,
and Scandinavian Airlines System.  By Notice of Action Taken, dated
October 4, 2004, we granted the September 17 request of the Joint
Applicants for an additional 90-day period through January 2, 2005.

On December 22, 2004, Air Wisconsin Airlines Corporation and Deutsche
Lufthansa AG jointly filed their Code-Share Agreement with the
Department for review, and requested an indefinite extension of the
statement of authorization granted by the previous NOATs once
Departmental review has been completed.  Included in the December 22
joint submission was a joint request that the Department extend the
temporary statement of authorization (scheduled to expire January 2,
2005) until February 1, 2005.

The applicants polled all parties served with the December 22 request
and received no objections.

Applicant rep:  David Heffernan (202) 663-6360  DOT Analyst:  Linda
Senese (202) 366-2367

D I S P O S I T I O N

XX  Granted the requested temporary extension (subject to the conditions
contained in our Notice of Action Taken, dated July 6, 2004, in this
Docket)

The above action was effective when taken:  December 28, 2004 through
February 1, 2005.

Basis for action:  We found that the Joint Applicants demonstrated good
cause for the requested extension of the interim statement of
authorization, and noted that no party opposed such extension.  Under
these circumstances, we found that the requested extension, subject to
the conditions noted above, was in the public interest.  In taking this
action, we reserved the right to amend, modify, or revoke this authority
at any time without hearing.

Remarks:  We acted on this application without awaiting expiration of
the 7-business-day answer period with the consent of all parties served.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

 We fully described the background and nature of the authority conferred
in our July 6 Notice of Action Taken.

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