BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

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1 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of POLSKIE LINIE LOTNICZE LOT S.A. Docket OST for an exemption pursuant to 49 U.S.C (Poland-Boston, Atlanta, Washington/Baltimore, Denver, San Francisco, Cleveland, Dallas/Ft. Worth, Seattle, Phoenix, Syracuse, Minneapolis and Pittsburgh). EMERGENCY MOTION OF POLSKIE LINIE LOTNICZE LOT S.A. Communications with respect to this document should be sent to Kristof Ziebinski John E. Gillick General Director, U.S. WINTHROP, STIMSON, PUTNAM Polskie Linie Lotnicze LOT S.A. AND ROBERTS 500 Fifth Avenue 1133 Connecticut Avenue, N.W. New York, New York Suite 1200 Washington, D.C Attorneys for Polskie Linie Lotnicze LOT S.A. May 15, 2000

2 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of POLSKIE LINIE LOTNICZE LOT S.A. Docket OST for an exemption pursuant to 49 U.S.C (Poland-Boston, Atlanta, Washington/Baltimore, Denver, San Francisco, Cleveland, Dallas/Ft. Worth, Seattle, Phoenix, Syracuse, Minneapolis and Pittsburgh). EMERGENCY MOTION OF POLSKIE LINIE LOTNICZE LOT S.A. On March 13, 2000, Polskie Linie Lotnicze LOT S.A. ( LOT ) applied for an exemption, pursuant to 49 U.S.C (formerly section 416(b) of the Federal Aviation Act of 1958, as amended (the Act )), allowing it to engage in foreign air transportation of persons, property and mail between a point or points in Poland, on the one hand, and Boston, Atlanta, Washington/ Baltimore, Denver, San Francisco, Cleveland, Dallas/Ft. Worth, Seattle, Phoenix, Syracuse, Minneapolis and Pittsburgh, on the other hand, as more fully described therein. LOT hereby moves, for the reasons set forth below, the Department to grant a part of that application, on an emergency basis, to reinstate LOT s previously-granted authority to serve Boston, Washington/Baltimore, Denver, San Francisco, Cleveland, Dallas/Ft. Worth, Seattle, Phoenix and Syracuse on a code-share basis with American Airlines, Inc.

3 1. The application filed by LOT on March 13, 2000 involved two pieces of exemption authority related to LOT s code-share with American (a) an exemption from 49 U.S.C to conduct scheduled foreign air transportation of persons, property and mail between (1) Poland and Boston on a coterminal basis with authorized U.S.-Poland services; and (2) Poland and Washington/Baltimore, Denver, San Francisco, Cleveland, Dallas/Ft. Worth, Seattle, Phoenix and Syracuse on a code-share basis only in conjunction with its existing authority; and (b) an exemption from 49 U.S.C to conduct scheduled foreign air transportation of persons, property and mail between (1) Poland and Atlanta on a coterminal basis with authorized U.S.- Poland services; and (2) Poland and Minneapolis and Pittsburgh on a code-share basis only in conjunction with its existing authority. 2. The first portion of this authority was originally approved by the Department on January 30, 1998, and was effective from January 30, 1998, through January 30, 1999 (see attached Notice of Action Taken). Inadvertently, LOT did not apply for renewal of this authority until March 13, 2000, when it sought reinstatement of that previously-granted authority as well as the authority made available by the designation of additional points by the Government of Poland. 3. No objections to LOT s March 13, 2000, application were filed except by Tradewinds Airlines, Inc., which objected to the grant of LOT s application until Tradewind s application for authority to operate a charter program between the United States and Poland was approved. LOT has been informed that the Government of Poland has approved Tradewind s application, and LOT will provide evidence of that approval as soon as it is available. 4. Under these circumstances, LOT requests that the Department reinstate its previously-approved authority to hold out, on a code-share basis only, service between Poland and 2

4 Boston, Washington/Baltimore, Denver, San Francisco, Cleveland, Dallas/Ft. Worth, Seattle, Phoenix and Syracuse, pending final action on the remaining portion of its application. Issuance of this authority to LOT is entirely consistent with the U.S.-Poland Air Transport Agreement, and with the public interest. WHEREFORE, for the foregoing reasons, LOT respectfully requests that the Department grant its emergency motion as more fully described herein. Respectfully submitted, /s/ John E. Gillick John E. Gillick Winthrop, Stimson, Putnam & Roberts 1133 Connecticut Avenue, N.W. Suite 1200 Washington, D.C Attorneys for Polskie Linie Lotnicze LOT S.A. May 15,

5 Certificate of Service I hereby certify that I have this day served a copy of the foregoing motion upon the persons set forth on the attached service list by facsimile in accordance with the Department s regulations. /s/ John E. Gillick John E. Gillick May 15, 2000 Washington, D.C.

6 Service List Carl B. Nelson, Jr., Esq. Associate General Counsel American Airlines, Inc th St., N.W. Suite 600 Washington, D.C. For American Robert E. Cohn, Esq. Shaw, Pittman, Potts & Trowbridge 2300 N. Street, N.W. Washington, D.C For Delta and Tradewinds Angeline N. Bird Legal and Regulatory Affairs Federal Express Corporation 1980 Nonconnah Boulevard Fourth Floor Memphis, TN Jeffrey A. Manley, Esq. United Air Lines, Inc. Wilmer, Cutler & Pickering 2445 M Street, N.W. Washington, D.C For United Embassy of Poland Civil Aviation Section th Street, N.W. Washington, D.C Deputy Assistant Secretary for Transportation Affairs Department of State 2201 C Street, N.W. Room 5830 Washington, D.C Megan Rae Rosia, Esq. Associate General Counsel Northwest Airlines, Inc th St., N.W. Suite 310 Washington, D.C For Northwest

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