UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 17, 2011

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2004-19148 and DOT-OST-2005-20122 _____________________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official 

indicated (no additional confirming order will be issued in this matter).

Joint application of UNITED AIR LINES, INC. (United) and CONTINENTAL AIRLINES, INC.

(Continental) filed 1/3/11 for:

Docket DOT-OST-2004-19148

XX Renewal of exemption for two years under 49 U.S.C. 40109 to permit United to provide the 

following services: 

Scheduled foreign air transportation of persons, property and mail between the United States and points 

worldwide on a third-country code-share basis pursuant to blanket code-sharing statements of 

authorization previously approved by the Department, under which United’s “UA” designator code is 

displayed on flights operated by its foreign code-share partners, as well as on flights operated by foreign 

carriers that are currently authorized, or that in the future become authorized, to operate flights on 

behalf of United’s blanket code-share foreign partners.1

Docket DOT-OST-2005-20122

XX Renewal and amendment of exemption for two years under 49 U.S.C. 40109 to permit Continental to 

provide the following services:2

Scheduled foreign air transportation of persons, property and mail between the United States and points 

worldwide on a third-country code-share basis pursuant to blanket code-sharing statements of 

authorization previously approved by the Department, under which Continental’s “CO” designator 

code is displayed on flights operated by its foreign code-share partners, as well as on flights operated by 

foreign carriers that are currently authorized, or that in the future become authorized, to operate flights 

on behalf of Continental’s blanket code-share foreign partners.3

 1 The authorized foreign carriers are: Deutsche Lufthansa AG (Lufthansa), and other carriers that operate flights on 

Lufthansa’s behalf (Lufthansa CityLine, Air Dolomiti, Condor Flugdienst, and PrivatAir GmbH); Air New Zealand 

Limited (ANZ); All Nippon Airways Co. Ltd. (ANA); Asiana Airlines, Inc. (Asiana); Austrian Airlines, 

Osterreichische Luftverkehrs AG (Austrian); Lauda Air Luftfahrt GmbH (Lauda); Polskie Linie Lotnicze LOT S.A. 

(LOT); Scandinavian Airlines System (SAS); Singapore Airlines Limited (Singapore); Tyrolean Airways, Tiroler 

Luftfahrt GmbH d/b/a Austrian Arrows (Tyrolean); TAP Air Portugal (TAP); Swiss Air International Air Lines Ltd. 

d/b/a Swiss (Swiss); Qatar Airways Q.C.S.C. (Qatar Airways); Turkish Airlines (Turkish); Aer Lingus Limited (Aer 

Lingus); Jet Airways; Brussels Airlines N.V./S.A. (Brussels Airlines); and Spanair, S.A. (Spanair). 

2 Continental seeks amendment of its exemption authority so that, like United, the Continental code can be displayed 

on flights operated by foreign carriers that operate flights (now or in the future) on behalf of Continental’s blanket 

code-share foreign partners named in Docket DOT-OST-2005-20122. 3 The authorized foreign carriers are: Compania Panamena de Aviacion, S.A. (COPA); Air Canada; Jazz Air LP 

d/b/a Air Canada Jazz (Air Canada Jazz); British Midland Airways Limited d/b/a bmi (bmi); British Midland 

Regional Limited d/b/a bmi Regional (bmi Regional); Lufthansa; Lufthansa Cityline; Air Dolomiti; Augsburg 

Airways GmbH (Augsburg); PrivatAir GmbH; PrivatAir S.A.; Contact Air Flugdienst GmbH & Co. (Contact Air); 
The joint applicants also request that their exemption authorities be amended to be issued in the 

name of United and/or Continental.

Applicant rep: Hershel I. Kamen (202) 647-2617 

DOT Analyst: Robert J. Finamore (202) 366-5423

DISPOSITION

XX Approved in part, subject to conditions (renewal of United’s exemption and renewal and 

amendment of Continental’s exemption), remainder (request of the joint applicants that their 

renewed authority be amended to be issued in the name United and/or Continental) dismissed. (See 

remarks below).

The above action granting renewal of United’s exemption authority and renewal and amendment of 

Continental’s exemption authority was effective when taken: February 17, 2011, through February 17, 

2013.

The above action dismissing the request of the joint applicants that their authorities be amended to be issued 

in the name United and/or Continental was effective when taken: February 17, 2011.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreements between the United States and 

the homelands of United’s and Continental’s foreign code-share partners listed in this Notice.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

 XX Holder’s certificates of public convenience and necessity

 XX Standard exemption conditions (attached)

 XX Relevant blanket statements of authorization and attached conditions4

 Eurowings Luftverkehrs AG (Eurowings); Cirrus Airlines Luftfahrtgesellschaft mbH (Cirrus Airlines); Asiana; 

ANZ; SAS; Brussels Airlines; Aegean Airlines Societe Anonyme d/b/a Aegean Airlines S.A. (Aegean Airlines); 

TAP; Blue 1 Ltd. (Blue1); and Spanair.

4 For United, see Order 98-4-8, issued April 9, 1998 (Undocketed, United-Lufthansa) and Department actions dated 

August 6, 1999 (Docket DOT-OST-1999-6013, United-ANZ); August 7, 1998 (Undocketed, United-ANA); 

December 19, 2002 (Docket DOT-OST-2002-13320, United-Asiana); March 13, 2000 (Docket DOT-OT-OST2000-6803, United-Austrian); March 22, 2001 (Docket DOT-OST-2000-7751, United-Lauda and United-Tyrolean); 

April 19, 2004 (Docket DOT-OST-2004-17468, United-LOT); May 24, 1999 (Docket DOT-OST-1999-5251 , 

United-SAS); October 17, 2000 (Docket DOT-OST-2000-7696, United-Singapore); August 11, 2005 (Docket DOTOST-2005-21686, United-TAP); October 19, 2005 (Docket DOT-OST-2005-22464, United-Swiss); July 19, 2007 

(Docket DOT-OST-2007-28628, United-Qatar); April 17, 2008 (Docket DOT-OST-2008-0102, United-Turkish); 

July 25, 2008 (Docket DOT-OST-2008-0176, United-Aer Lingus); and November 10, 2009 (Docket DOT-OST2008-0164, United-Jet Airways). For Continental, see Notices of Action Taken dated July 9, 1998 (98-65, 

undocketed, Continental-COPA); October 21, 2009 (Dockets DOT-OST-2005-20122, DOT-OST-2009-0173, DOTOST-2009-0174, and DOT-OST-2009-0175, Continental.-Air Canada and Air Canada Jazz, Continental-bmi and 

bmi Regional, and Continental-Lufthansa, Lufthansa Cityline, Air Dolomiti, Augsburg, PrivatAir GmbH, PrivatAir 

S.A., Contact Air, Eurowings, and Cirrus Airlines); November 20, 2009 (Dockets DOT-OST-2005-20122 and DOTOST-2009-0277, Continental-Asiana); January 26, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2009-

0340, Continental-Air New Zealand); March 11, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0020, 

Continental-SAS); June 9, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0111, Continental-Brussels 
 

Special conditions/Remarks: Renewal of United’s exemption authority and renewal and amendment of 

Continental’s exemption authority to support code-share operations whereby United and Continental 

would display their designator codes on flights operated by current and future foreign carriers that operate 

flights on behalf of United’s and Continental’s authorized foreign blanket code-share partners is subject to 

the following conditions: 1) the foreign carriers must have the requisite permit or exemption authority and 

statement of authorization from the Department to perform the proposed services; and 2) United and/or 

Continental, as appropriate, must conduct and keep current an FAA-approved safety audit of the 

applicable foreign carriers under the Department’s Code-Share Safety Audit Program. 

With respect to our dismissal of the joint applicants’ request that their authorities in the two referenced 

Dockets be amended to be issued in the name United and/or Continental, we note that this request is 

encompassed in the joint applicants’ route transfer application that is pending before the Department in 

Docket DOT-OST-2010-0163 and we will address that matter in our action in that Docket.

____________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our 

action was consistent with Department policy; (2) grant of the exemption authority was consistent with 

the public interest; and (3) grant of the authority would not constitute a major federal action under the 

Energy Policy and Conservation Act of 1975. To the extent not granted or dismissed, we denied all 

requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice 

at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the 

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of 

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will 

not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 Airlines); June 23, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0132, Continental-Aegean Airlines); 

September 9, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0206, Continental-TAP); October 1, 2010 

(Dockets DOT-OST-2005-20122 and DOT-OST-2010-0171 (Continental-Blue1); and October 22, 2010, (Dockets 

DOT-OST-2005-20122 and DOT-OST-2010-0180) Continental-Spanair.
Attachment

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for 

scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage 

to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply 

with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits 

and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the 

Transportation Security Administration, and with all applicable U.S. Government requirements 

concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with 

all applicable U.S. Government requirements concerning security, the holder shall, before 

commencing any new service (including charter flights) to or from a foreign airport, contact its

Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the 

Transportation Security Administration has determined that security is adequate to allow such 

airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public 

interest as may be prescribed by the Department of Transportation, with all applicable orders and 

regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance 

with the conditions imposed above.

 

1/2008