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1983 - January DOT Ord. & Dec. [1] (January, 1983)

handle is hein.usfed/dotod0564 and id is 1 raw text is: Order 83-1-1 UNITED STATES OF AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D.C. Adopted by the Civil Aeronautics Board at its office in Washington D.C. on the 4th day of January, 1983 NEWARK-LONDON BACKUP CASE Docket .41163 ORDER ON RECONSIDERATION By Order 82-12-88, December 17, 1982, the Board instituted this investiga- tion in order to award backup certificate authority in the Newark-London market which would become effective in the event that Air Florida failed to inaugurate service before July 4, 1983 or failed to maintain that service for one year. We also directed Air Florida to notify us of its intentions with regard to the Newark-London market at the earliest possible date. People Express Airlines, Inc. has filed a petition for reconsideration of Order 82-12-88, requesting that the Board make Air Florida a party to the case for the purposes of submitting into the record as evidence its plans to operate Newark-London service. People Express argues that Air Florida's intentions are critical because a decision not to start service would turn this case into a primary route award proceeding, rather than a backup proceeding. This change would, according to the carrier, change the evidentiary focus of the proceeding to the immediate 1983 peak season from some period farther into the future. Making Air Florida a party to the proceeding will not burden it, according to People Express, because the time needed by Air Florida to prepare for inauguration of service some time between April 1, 1983, the earliest possible date under the MOC and July 4, 1983, when its certificate will expire if it has not begun service, will require it to have made the decision to start service by the time direct exhibits are due in this proceeding. The Port Authority of New York and New Jersey filed an answer in support of People Express' petition, and Air Florida and the Bureau of International Aviation (BIA) filed answers in opposition.'/ 1/ BIA's answer was accompanied by a motion for leave to file late, which motion we will grant.

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