 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

					 ____________	

								 :

BRENDAN AIRWAYS, LLC, d/b/a USA3000 AIRLINES	 :

et al.,								 :

		v.						 :	Docket OST-2005

								 :	         20407

THE PORT AUTHORITY OF NEW YORK			 : 

AND NEW JERSEY						 :				

								 :

SCHEDULING NOTICE

On February 15, 2005, one U.S. airline and twelve foreign airlines filed
a complaint with the Department of Transportation against the Port
Authority of New York and New Jersey (“the Port Authority”).  The
complaint alleges that the recently-increased General Terminal Charge
and Federal Inspection Fee paid by carriers using Terminal B at Newark
Liberty International Airport, which the Port Authority operates, are
unreasonable and otherwise unlawful under 49 U.S.C. 47129, enacted as
section 113 of the Federal Aviation Administration Authorization Act of
1994, P.L. 103-305 (August 23, 1994).  The new fees took effect on
February 1, 2005.  The complainant airlines -- USA3000 Airlines, British
Airways, SAS, Air France, Swiss International, Virgin Atlantic,
Lufthansa, TAP Air Portugal, Alitalia, El Al, Air Jamaica, Singapore
Airlines, and 

-KLM -- use Terminal B.

The statute prescribes very short deadlines for our decision on whether
the complaint should be set for hearing before an administrative law
judge and for the issuance of decisions by the administrative law judge
and us.  49 U.S.C. 47129(c).  Pursuant to 49 U.S.C. 47129 and Subpart F
of the Department's Rules of Practice, 14 C.F.R. Part 302, adopted at 60
Fed. Reg. 6919 (February 3, 1995), we hereby give notice to the parties
in this proceeding and all other interested persons of the following
procedural dates that will govern filings in this proceeding.  In order
to process the complaint in an orderly and timely manner we are also
directing all parties that are interested in participating or
intervening in this proceeding to file such a petition or request
directly with the Department.

Complaints by other carriers:					February 22, 2005

Answer to the complaint(s):					March 1, 2005

Petitions to participate or intervene

pursuant to 14 C.F.R. 302.14 & 302.15:			March 1, 2005

Reply to the Answer:						March 3, 2005

Filing of letter of credit, surety bond,

or suitable credit facility by respondent

as required by 49 U.S.C. 47129(d)(1)(D), 

if applicable:							March 7, 2005

Department determination as to whether 

a significant dispute exists pursuant 

to 49 U.S.C. 47129(c)(2):					March 17, 2005 

Any airline filing a separate complaint must comply with the sixty-day
deadline set by the statute, 49 U.S.C. 47129(a)(1)(B), as stated in our
procedural rules, 14 C.F.R. 302.602(b), that is, on or before the
sixtieth day after the airline received written notice of the imposition
of fee increases at Newark Liberty International Airport.  See also City
of Los Angeles Dept. of Airports v. U.S. Dept. of Transportation, 103
F.3d 1027, 1035-1039 (D.C. Cir. 1997).  If the sixtieth day is earlier
than February 22, then the airline must file by the earlier deadline.   

By:

                                                                        
     

							MICHAEL W. REYNOLDS

						Deputy Assistant Secretary for Aviation

						           and International Affairs

(SEAL)

Dated: February 16, 2005

An electronic version of this document is available on the World Wide
Web at http://dms.dot.gov//reports/reports_ aviation.asp

  The complainants note that the Port Authority imposed a similar fee
increase five years ago that was withdrawn after several foreign
airlines filed complaints under 49 U.S.C. 41279.   Order 2000-5-23 (May
24, 2000).

