UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on March 2, 2010 

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2004-19148 and DOT-OST-2010-0024 _____________________________________________________________________________________________________________________ 

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). 

1. Docket DOT-OST-2004-19148

Application of UNITED AIR LINES, INC. (United) filed 1/26/10 for: 

XX Amendment of exemption under 49 U.S.C. 40109 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 2

 

2. Docket DOT-OST-2010-0024

Joint Application of United and BRUSSELS AIRLINES N.V./S.A. (Brussels Airlines), filed 

1/26/2010, for blanket statements of authorization to permit: 

 

United to display the (SN*) designator code of Brussels Airlines on flights operated by United 

between: (1) any point in the United States and any point in the European Union (EU) or an Open 

Skies European Common Aviation Area (ECAA) country (either nonstop or via third-country 

intermediate points); (2) any points within the United States in conjunction with services held out 

by Brussels Airlines to or from the United States (either nonstop or via third-country intermediate 

points); and (3) any point in the United States or the EU and any point in any third country. 

 

Brussels Airlines to display the (UA*) designator code of United on flights operated by Brussels 

Airlines between: (1) any point in the EU or an Open Skies ECAA country and any point in the 

United States (either nonstop or via third-country intermediate points); (2) any points within the 

EU in conjunction with services held out by United between the United States and the EU (either 

 

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); 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); Air One, S.p.A. (Air One); Turkish Airlines (Turkish); 

Aer Lingus Limited (Aer Lingus); and Jet Airways (India) Ltd. (Jet Airways). 2

 United requests that its exemption authority be amended to the extent necessary to permit it to also place its 

designator code on flights operated by Brussels Airlines N.V./S.A. (Brussels Airlines). 
nonstop or via third-country intermediate points); and (3) any point in the EU or the United States 

and any point in any third country. 

Applicant representatives: Julie Oettinger and Jeffrey A. Manley (301) 229-8571 (United) and 

 Evelyn D. Sahr (202) 659-6622 (Brussels Airlines) 

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

DISPOSITION

XX Approved, subject to conditions 

The above action granting amended exemption authority to United is effective when taken: 

March 2, 2010, through June 15, 2011.

 3 The above action granting blanket statements of authorization 

to the referenced carriers is effective: March 2, 2010, and will remain in effect indefinitely, subject to 

conditions. 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

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

the European Union. 

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

indicated: 

 XX United’s certificates of public convenience and necessity

 XX Standard U.S. carrier exemption conditions (attached as Appendix A) 

 XX Conditions for statements of authorization granted here (attached as Appendix B) 

 XX Conditions attached to previously granted statements of authorization4

 

Remarks: We note that United has conducted a safety audit of Brussels Airlines under the Department’s 

Code-Share Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit 

program and found the program to be acceptable. 

United’s exemption authority to support code-share operations whereby United would display its “UA” 

designator code on flights operated by current and future foreign carriers that operate flights on behalf of 

United’s authorized foreign blanket code-share partners remains 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 must conduct and 

 

3

 We are approving United’s request coextensive with the expiration date of its current exemption authority in this 

Docket. 

4 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-OST-2000-6803, UnitedAustrian); 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 DOT-OST-2005-

21686, United-TAP); October 19, 2005 (Docket DOT-OST-2005-22464, United-Swiss); July 19, 2007 (Docket 

DOT-OST-2007-28628, United-Qatar); March 14, 2008 (Docket DOT-OST-2008-0001, United-Air One); 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-OST-2008-0164, United-Jet Airways). 
keep current an FAA-approved safety audit of the applicable foreign carriers under the Department’s 

Code-Share Safety Audit Program. 

____________________________________________________________________________________ 

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, 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
Appendix A 

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 
Appendix B 

The code-share operations authorized here are subject to the following conditions: 

(a) The statements of authorization will remain in effect only as long as (i) United and Brussels Airlines continue to hold 

the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement 

providing for the code-share operations remains in effect. 

(b) United and/or Brussels Airlines must notify the Department no later than 30 days before they begin any new codeshare service under the code-share services authorized here. Such notice shall identify the market(s) to be served, 

which carrier will be operating the aircraft in the code-share market added, and the date on which the service will 

begin.1

 Such notices should be filed in Docket DOT-OST-2010-0024. 

(c) United and Brussels Airlines must promptly notify the Department (Office of International Aviation) if the code-share 

agreement providing for the code-share operations is no longer effective or if the carriers decide to cease operating all 

or a portion of the approved code-share services. Such notices should be filed in Docket DOT-OST-2010-0024.2

(d) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments 

to the Department’s regulations concerning code-share arrangements that may be adopted. Notwithstanding any 

provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that 

the subject foreign air transportation be sold in the name of the carrier holding out such service in the computer 

reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) 

accept responsibility for the entirety of the code-share journey for all obligations established in its contract of carriage 

with the passenger; that the passenger liability of the operating carrier be unaffected; and that the operating carrier shall 

not permit the code of its U.S. code-sharing partner to be carried on any flight that enters, departs, or transits the 

airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition. 

(e) Any service provided shall be consistent with all applicable agreements between the United States and the European 

Union, and all applicable agreements with other foreign countries involved. Furthermore, (i) nothing in the award of 

this blanket statement of authorization should be construed as conferring upon United rights (including code-share, 

fifth-freedom intermediate and/or beyond rights) to serve markets where U.S. carrier rights are limited unless United 

notifies us of its intent to serve such market and unless and until the Department has completed any necessary carrier 

selection procedures to determine which carrier(s) should be authorized to exercise such rights;3

 and (ii) should there 

be a request by any carrier to use the limited-entry route rights that are included in United’s authority by virtue of the 

blanket statement of authorization granted here, but that are not being used by United, the holding of such authority 

will not be considered as providing any preference for United in a carrier selection proceeding to determine which 

carrier(s) should be entitled to use the authority at issue. 

(f) The authority granted here is specifically conditioned so that neither United nor Brussels Airlines shall give any force 

or effect to any contractual provisions between themselves that are contrary to these conditions. 

(g) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion. 

 

1

 Pursuant to the Department’s Notice In the Matter of Blanket Notification of Code-Share Service to Open Skies Partners and Points 

dated February 9, 2009, the joint applicants have provided blanket notification of their intent to engage in reciprocal code-share 

services, beginning on or about March 30, 2010, between Open Skies points as outlined in their application. The joint applicants also 

provided notice that, on or about March 30, 2010, the (UA*) code of United will be displayed on Brussels’ Airlines flights between 

Brussels and Abidjan, Côte d’Ivoire; Bujumbura, Burundi; Conakry, Guinea; Freetown, Sierra Leone; Kinshasa, Democratic Republic

of Congo; Lomé, Togo; and Luanda, Angola. 

2

 We expect this notification to be received within 10 days of such non-effectiveness or of such decision. 3

 The notice referenced in condition (b) above may be used for this notification.