 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation

			        on the 10th day of May, 2005

								

								 :

BRENDAN AIRWAYS, LLC, 				 :

et al.,								 :

		v.						 :

								 :

THE PORT AUTHORITY OF				 :     Docket OST-05-20407

NEW YORK AND NEW JERSEY				 :

								 :

								 :

NOTICE ON BRIEFING SCHEDULE

On February 14, 2005, one U.S. airline and twelve foreign airlines filed
a complaint 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 the
carriers using Terminal B at Newark International Airport, operated by
the Port Authority, are unreasonable and otherwise unlawful under 49
U.S.C. § 47129.  The complainant airlines – USA 3000 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.

On March 16, 2005, the Department issued an Instituting Order and
pursuant to 49 U.S.C. § 47129 referred this matter to an Administrative
Law Judge (“ALJ”) for a hearing on the issues set forth in the
Instituting Order.  The Instituting Order directed the ALJ to issue a
Recommended Decision within 60 days.  On May 9, 2005, Administrative Law
Judge Richard C. Goodwin issued the Recommended Decision in this
proceeding.  

Pursuant to ¶¶ 5 – 7 of the Instituting Order, at 30, the Department
set forth the proposed briefing schedule to inform the parties and all
other interested persons of the procedural dates that will govern the
filing of briefs to the decision maker in this proceeding.  Consistent
with the Instituting Order, we are reaffirming the Department’s
decision that the following briefing schedule shall govern this case:

Opening briefs to the decision maker			Monday, May 16, 2005

Reply briefs to the decision maker 			Wednesday, May 18, 2005  

Consistent with ¶ 6 of the Instituting Order, the opening brief filed
by the Complainants and the Port Authority may not exceed fifty pages in
length; the reply brief filed by the Complainants and the Port Authority
may not exceed twenty pages in length.

The Intervenor Aiports Council International – North America may file
an opening brief no longer than twenty pages, and a reply brief no
longer than ten pages.   Instituting Order, at ¶¶ 6 & 7.

No further briefing or motions by any of the parties will be accepted. 
The Department will issue a final decision in this matter no later than
June 14, 2005.

By:

                                                                        
     

						MICHAEL W. REYNOLDS

					Deputy Assistant Secretary for Aviation

					           and International Affairs

May 10, 2005

(SEAL)

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