BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------

:

Application of :

:

UNITED AIR LINES, INC. : Docket DOT-OST-1996-1346

:

for an exemption pursuant to 49 U.S.C. § 40109 :

(U.S.-Brazil) :

:

------------------------------------------------------------------------

APPLICATION OF

UNITED AIR LINES, INC.

FOR RENEWAL 

Communications with respect to this document should be sent to:

Hershel I. Kamen

Senior Vice President – Alliances,

 Regulatory & Policy

UNITED AIR LINES, INC.

1350 I Street, N.W.

Washington, DC 20005-3389

Steve Morrissey

Managing Director – Regulatory Affairs

 & Policy

UNITED AIR LINES, INC. 

1025 Connecticut Avenue, NW

Washington, DC 20036

(202) 296-2337

steve.morrissey@united.com

August 26, 2011

Thomas Newton Bolling

Vice President & Associate General Counsel

UNITED AIR LINES, INC.

77 West Wacker Drive

16th Floor HDQLD

Chicago, IL 60601

(312) 997-8068

thomas.bolling@united.com

Daniel A. Weiss

Managing Director – International

 Affairs & Regulatory 

UNITED AIR LINES, INC. 

77 West Wacker Drive

10th Floor HDQIZ

Chicago, IL 60601

(312) 997-7573

dan.weiss@coair.com
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------

:

Application of :

:

UNITED AIR LINES, INC. : Docket DOT-OST-1996-1346

:

for an exemption pursuant to 49 U.S.C. § 40109 :

(U.S.-Brazil) :

:

------------------------------------------------------------------------

APPLICATION OF

UNITED AIR LINES, INC.

FOR RENEWAL 

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of Practice, 

United1applies for renewal of its exemption authority to provide scheduled foreign air 

transportation of persons, property, and mail, between a point or points in the United States, 

via intermediate points, and Manaus, Recife, Porto Alegre, Belo Horizonte and Salvador de 

Bahia, and beyond Brazil to Argentina.

2 United requests that this authority be renewed for a 

minimum period of two years or until the Department grants United’s corresponding 

 

1 Common names are used for airlines.

2 By Order 2011-3-14, this authority was reissued in the name of “Continental Airlines, Inc. and/or United 

Air Lines, Inc.” United does not seek renewal of its exemption authority to serve Brasilia, Rio de Janeiro, 

Sao Paolo, and Belem, and beyond Brazil to Uruguay, Paraguay and Chile, in Docket DOT-1996-1346, 

because authority to serve these points is available through certificate authority that is now jointly held by 

United and/or Continental or covered by an open-skies agreement. See Orders 2007-4-19; 2004-5-23, 

Order 2002-7-31; and 1999-3-26. Further, United also does not seek renewal of its U.S.-Brazil codeshare 

exemption authority in Docket DOT-OST-1997-2358 because it is duplicative of authority originally 

issued to Continental that was also reissued in the name of both carriers pursuant to Order 2011-3-14 and 

is valid through May 13, 2012. See Notice of Action Taken dated May 13, 2010 in Docket DOT-OST2010-0057.
Renewal Application of United

Page 2

application for a certificate of public convenience and necessity, as amended, pending in 

Docket DOT-OST-1995-495. 

In support of this application, United submits the following:

1. By Notice of Action dated October 29, 2009, the Department renewed

United’s exemption authority in Docket DOT-OST-1996-1346. Consequently, United’s 

exemption authority for the affected U.S.-Brazil services are currently effective through 

October 29, 2011.

2. By this timely filed application, United requests that the Department renew 

this exemption authority for a minimum period of two years, subject to the usual conditions, 

or until the Department grants United’s corresponding application for a certificate of public 

convenience and necessity, as amended, currently pending in Docket DOT-OST-1995-495. 

3. United invokes the automatic extension provision of the Administrative 

Procedure Act, 5 U.S.C. §558 (c), as implemented by Part 377 of the Department’s Special 

Regulations, to continue this exemption authority in effect pending final Department action 

on this renewal application.

4. United requests renewal of its exemption authority based on the original 

findings that its U.S.-Brazil services are fully consistent with the applicable bilateral 

agreements. 

5. Renewal of United’s exemption authority is clearly in the public interest as it 

will ensure the continuation and further development of U.S.-Brazil services, both with 

United’s own aircraft and on a codeshare basis. This exemption authority enable United to 

provide online service both in its own aircraft and under codeshare arrangements between 

the United States and a number of points that do not generate sufficient traffic to support 

direct U.S. carrier service.
Renewal Application of United

Page 3

6. United holds various certificates of public convenience and necessity and 

exemptions authorizing it to engage in scheduled foreign air transportation of person, 

property and mail. Moreover, United is fit, willing and able to continue performing the 

scheduled foreign air transportation at issue in this application. See, e.g., United Air Lines, 

Inc. Routes 902 (Order 2010-5-17, U.S.-Mexico and beyond), 747 and 632 (Order 2004-5-

23, U.S.-South America and U.S.-Argentina/Brazil/Colombia) and 838 (Order 2007-4-19, 

Blanket Open Skies). United will continue to conduct its operations in accordance with the 

terms and conditions of its authority, as well as all applicable international agreements.

7. United’s participation in the CRAF program will not be affected by renewal 

of the requested exemption authority.

For the foregoing reasons, United requests that the Department renew its exemption 

authority to provide scheduled foreign air transportation of persons, property, and mail, between 

a point or points in the United States, via intermediate points, and Manaus, Recife, Porto Alegre, 

Belo Horizonte and Salvador de Bahia, and beyond Brazil to Argentina for a minimum period of 

two years or until the Department grants United’s corresponding application for a certificate of 

public convenience and necessity, as amended, currently pending in Docket DOT-OST-1995-

495. United further requests that the Department grant such other and further relief as the 

Department deems appropriate.

Respectfully submitted,

Dan Weiss

Managing Director – International Affairs 

& Regulatory 

UNITED AIR LINES, INC. 
Renewal Application of United

Page 4

CERTIFICATE OF SERVICE

I hereby certify that I have this date served a copy of the foregoing document on all 

persons named below by causing a copy to be sent via email:

msinick@ssd.com

carl.nelson@aa.com

slachter@lachter-clements.com (ASTAR)

rpommer@atlasair.com

sascha.vanderbellen@delta.com

jeff.morgan@delta.com

charters@evergreenairlines.com

nsspark@fedex.com

anbird@fedex.com

jhill@dowlohnes.com (Jet Blue)

mlbenge@zsrlaw.com (North American/World)

kevin.montgomery@polaraircargo.com

anita.mosner@hklaw.com (UPS)

howard.kass@usairways.com

benjamin.slocum@usairways.com

william.stallings@usdoj.gov

john.allen@faa.gov

dwight.moore@ustranscom.mil

Annalei Avanceña 

International Regulatory Advisor

United Air Lines, Inc.

August 26, 2011