	           UNITED STATES OF AMERICA

      DEPARTMENT OF TRANSPORTATION        Posted: 12/07/04

             OFFICE OF THE SECRETARY                              2:55
p.m.

                  WASHINGTON, D.C.



	

	Served:  December 7, 2004

__________________________________________________

NOTICE

Docket OST-2004-19790

____________________________________________

By Order 2004-11-18, the Department initiated a proceeding on the Joint
Complaint of American Airlines, Inc. (American) and United Air Lines,
Inc. (United) against Alitalia-Linee Aeree Italiane, S.p.A. (Alitalia)
and the Government of Italy, filed November 24, 2004.  The order called
for answers to the complaint to be filed by December 8, 2004.  On
December 2, 2004, Alitalia filed a motion for a two-week extension of
the answer date (i.e., to December 22, 2004).  Under the Department’s
regulations (14 CFR 302.11), answers to the motion would be due
December 13, 2004.  By Notice served December 3, 2004, we shortened the
period for filing answers to the motion to December 6, 2004.

On December 6, 2004, American and United filed a joint answer to the
motion for extension of time, strongly opposing a two-week extension but
stating they would agree to an extension for one week, making the answer
date December 15 and the reply date December 20.  They note that their
joint complaint was filed November 24 and was served by hand on the
Embassy of Italy and by email on counsel for Alitalia, and they argue
that a December 15 answer date will allow three full weeks from the date
of filing, thus providing ample time for answer since, they maintain,
the background of the dispute is well known to both the Government of
Italy and Alitalia.  

We have decided to grant Alitalia’s motion in part.  Section
41310(d)(1) of 49 U.S.C. provides that the Department approve, deny,
dismiss, or set a complaint for hearing or institute other procedures
proposing remedial action, within 60 days after receipt of a complaint. 
Given the deadlines of the statute, we have decided to grant an
extension for the filing of answers to the complaint for one week (i.e.
to December 15, 2004) and for the filing of any replies to answers to
December 20, 2004.  We believe that this partial grant of the requested
extension addresses the needs of all parties, taking into account the
circumstances presented, and that no party will be prejudiced by our
action.

Therefore, acting under authority assigned in 14 CFR 385.3, we will
establish a date of December 15, 2004, for the filing of answers to the
Joint Complaint and the date of December 20, 2004, for filing replies. 

2

We will serve this notice by email or facsimile on all parties served
with Order 2004-11-18 in 

Docket OST-2004-19790.  We authorize answers to be served by facsimile
or email.

BY:

						PAUL L. GRETCH

			Director, Office of International Aviation

(SEAL)

Dated:  December 7, 2004

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

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

 They further note that should the Department grant Alitalia’s full
request for a two-week extension, American and United would need an
extension of reply date to January 7, 2005 due to staff absences during
the holiday period.

