UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Joint Application of America West Airlines, Inc. and Royal Jordanian
Airlines

for Approval of and Antitrust Immunity for Alliance Agreements

under 49 U.S.C. §§ 41308 and 41309 (Docket OST-2004-18613)



NOTICE ESTABLISHING PROCEDURAL DATES  

On July 12, 2004, America West Airlines, Inc. (America West) and Royal
Jordanian Airlines (Royal Jordanian) filed a joint application
requesting approval of and antitrust immunity for a commercial
cooperative agreement (Exhibit JA-1), hereafter the “Alliance
Agreement”.  On July 12, the applicants filed a joint Motion under 14
C.F.R. 302.12 (Rule 12) of our regulations seeking confidential
treatment for supporting documents and information.  They state that the
material filed under the Motion is proprietary, commercially sensitive,
and confidential in nature which qualifies for being withheld from
public disclosure.  The applicants have asked that access to this
material be limited to counsel and outside experts for interested
parties.

In order to afford interested parties prompt access to the documents
under conditions agreed to by the applicants and imposed by the
Department under similar recent circumstances, we will grant immediate
interim access to all documents covered by the Rule 12 Motion to counsel
and outside experts for interested parties who file appropriate
affidavits with the Department in advance.  Moreover, consistent with
earlier determinations, at the Dockets facility, Parties will be
permitted to make copies of the exhibits for use by persons who have
filed confidentiality affidavits.  We also find it appropriate to grant
interim access to any subsequent materials that may be filed in this
case under a Rule 12 Motion to counsel and outside experts for
interested parties who file appropriate affidavits with the Department
in advance, unless the party filing the Motion objects.

We expect all affidavits to state, at a minimum, that (1) the affiant is
counsel for an interested party or an outside independent expert
providing services to such a party; (2) the affiant will use the
information only for the purpose of participating in this proceeding;
and (3) the affiant will disclose such information only to other persons
who have filed a valid affidavit in the Docket OST-2004-18613.  Affiants
and interested parties must understand and agree that any pleading or
other filing that includes or discusses information contained in the
covered documents must itself be accompanied by a Rule 12 Motion
requesting confidential treatment.  Affidavits must be filed in Docket
OST-2004-18613 with the Department of Transportation, Dockets, Room
PL-401, 400 Seventh Street SW, Washington, DC, 20590.

Affiants having filed affidavits may examine the documents at the
Department of Transportation at the Dockets location.  Affiants must
present a stamped copy of the affidavit filed with the Department of
Transportation before examination of the documents.  Immediately after
the completion of any judicial review of our final decision in this
docket or the expiration of the 60-day period within which a person may
petition for judicial review, all persons who have filed confidentiality
affidavits in this proceeding are hereby directed to file a further
affidavit stating that all copies of the applicants’ confidential
materials have been destroyed or returned to the applicants.

Finally, when we have determined that the record of this case is
complete, we will announce an appropriate procedural schedule.

We shall serve this notice on all persons on the service list for this
docket.  

By:

KARAN K. BHATIA

Assistant Secretary for Aviation

and International Affairs

Date:  

(SEAL)

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

http://dms.dot.gov/search  

	Answers to the Motion were due on July 19, 2004.  The Motion is
unopposed.  

	See Motion at 3.  

 	See Notices in Dockets OST-2003-14202 dated January 21, 2003 and
Docket OST-2002-12688 dated July 10, 2002.

 	See Notice dated January 1, 2003, p. 1, Docket OST-2003-14202
(Asiana-United request for approval and antitrust immunity for Alliance
Agreements) and See Notice dated March 21, 2002, p. 1, Docket
OST-2002-11842 (Delta-KAL-Air France-Alitalia-CSA request for approval
of and antitrust immunity for Alliance Agreements)

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		Served: August 16, 2004

