BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
) Motion of ) ) UNITED AIR LINES, INC. ) Dockets DOT-OST-2009-0192 ) for waiver of dormancy condition ) (U.S.-Mexico code share with Continental) ) )
MOTION OF UNITED AIR LINES, INC. Communications with respect to this document should be sent to:
MARY BARNICLE Manager – International &

Regulatory Affairs UNITED AIR LINES, INC. 77 West Wacker Drive, HDQIZ Chicago, IL 60601 JULIE OETTINGER Managing Director – International & Regulatory Affairs JEFFREY A. MANLEY Senior Advisor – Regulatory Affairs UNITED AIR LINES, INC. 1025 Connecticut Avenue, N.W. Suite 1210 Washington, D.C. 20036 Phone: (301) 229-8571 jeffrey.manley@united.com

Dated: January 15, 2010 Notice: United is requesting expedited trea tment of this application and will poll carrier representatives in the attached Service List. United will advise the Department of the results.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
) Motion of ) ) UNITED AIR LINES, INC. ) Dockets DOT-OST-2009-0192 ) for waiver of dormancy condition ) (U.S.-Mexico code share with Continental) ) ) Dated: January 15, 2010
MOTION OF UNITED AIR LINES, INC. United Air Lines, Inc. (United) here by requests a temporary dormancy waiver with respect to U.S.-Mexico city-pairs liste d in the attached Appendices, an exemption for which was granted by Notice of Acti on Taken dated September 18, 2009. This motion is being submitted as a result of delays in obtaining approval from Mexico’s Dirección General de Aeronáutica Civil (DGAC) for U.S.-Mexico markets to which United and Continental Airlines (Continental) would code share. To date, United has secured DGAC approval for markets listed in Ap pendix 1 and plans to begin code sharing to those markets on February 11, 2010. 1 United, however, continues to seek DGAC approval for markets listed in Appendix 2 and hopes to begin code-share service to those markets as soon as DGAC approval is secure d. Therefore, United requests that the dormancy condition be waived for markets lis ted in Appendix 1 until February 28, 2010

1 Implementation of markets already approved by the DGAC was delayed in order to maintain balanced phasing-in of code-share opportunities as agreed between the carri ers in circumstances where there were delays in approval in several markets.Motion of United Page 2 and those listed in Appendi x 2 until July 24, 2010. In support of this request, United states the following:
1. On September 18, 2009, the Departme nt granted United exemption authority to code share with Continental to several foreign markets, including U.S.- Mexico markets operated by Continental a nd ExpressJet. The Department granted United exemption authority consistent with the type of service provided either by Continental or ExpressJet. Consistent w ith DOT’s standard policy, United’s U.S.- Mexico exemption authority is subject to dormancy notice requirements, which began on October 25, 2009, the proposed start-up date for United’s code share with Continental.
2. Since the Department’s award of ex emption authority to United, the company has diligently worked to secure DGAC approval for its code share with Continental. To date, DGAC has authorized Unit ed to code share to only ten markets, all of which are listed in Appendix 1. Code shar ing to these markets is planned to begin on February 11 and United will be selling services to these markets starting on January 23, the date in which its current exemption authorit y expires. In view of this fact, United is seeking a limited dormancy waiver through February 28 for these ten markets.
3. Despite United’s best efforts a nd for reasons wholly beyond the company’s control, DGAC’s approval remains outstanding for 26 U.S.-Mexico markets listed in Appendix 2. These markets are operate d by either Continental or ExpressJet or both. United remains committed to servi ng these markets and is working with Continental to address issues raised by DGAC. To this end, United hopes to implement code-share service to these 26 markets as soon as DGAC approval is secured. United expects to receive DGAC’s approval for these markets in time to begin code sharing noMotion of United Page 3 later than July 24, 2010.
4. The Department’s grant of this reques t will not adversely impact any other carrier since there remain se veral designations for code-share service available for allocation in the markets concerned. Moreove r, the Department has previously granted requests for relief from certain service oblig ations for Mexico city-pair markets when DGAC approval remained outstanding. See , Department approvals dated April 4, 2005 in Docket DOT-OST-2002-13299 (granting Alta s Air’s request for an additional two month waiver of the startup condition due to delays in se curing a license from Mexican authorities), June 18, 2007 in dockets DOT-OST-2006-24671 and -2005-22151 (granting Florida West’s second request for a 90 day extension of its dormancy waiver due to unanticipated delays in s ecuring a license from DGAC) and May 3, 2007 in docket DOTOST-2006-25495 (granting Delta and SkyWest’s s econd request for an extension of the 90 day dormancy condition due to delays in securing DGAC approval for SkyWest’s services). WHEREFORE, on the basis of the fore going, United respectfully requests the Department promptly grant the waivers reques ted above and grant Un ited such other and different relief as it may deem to be consistent with the public interest. Respectfully submitted,

JULIE OETTINGER Managing Director – International &

Regulatory Affairs UNITED AIR LINES, INC.
DATED: January 15, 2010CERTIFICATE 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:

byerlyjr@state.gov carl.nelson@aa.com dkirstein@yklaw.com (Spirit) donna.kooperstein@usdoj.gov dwight.moore@ustranscom.mil efaberman@wileyrein.com (Air Tran/Frontier) hkamen@coair.com howard_kass@usairways.com jhill@dowlohnes.com (Jet Blue) john.allen@faa.gov john.fredericksen@suncountry.com (Sun Country) jrichardson@johnlrichardson.com (Amerijet) nssparks@fedex.com pmurphy@lopmurphy.com (USA 3000) recohn@hhlaw.com (Atlantic Southeast) rpommer@atlasair.com sascha.vanderbellen@delta.com temerson@skywest.com rbkeiner@crowell.com gmurphy@crowell.com

Annalei Avanceña Advisor—Regulatory Affairs
Dated: January 15, 2010Appendix 1


### UA*/CO U.S.-Mexico City Pairs (Waiver requested through February 28, 2010)

Cleveland, OH – Cancun, Mexico

New York, NY/Newark, NJ – Acapulco, Mexico – Cancun, Mexico – Cozumel, Mexico

– Mexico City, Mexico

– Puerto Vallarta, Mexico

– San Jose del Cabo, Mexico Houston, TX – Cancun, Mexico

– Cozumel, Mexico

– Merida, MexicoAppendix 2


### UA*/CO U.S.-Mexico City Pairs (Waiver requested through July 24, 2010) Houston, TX – Acapulco, Mexico

– Aguascalientes, Mexico

– Chihuahua, Mexico

– Ciudad Del Carmen, Mexico

– Durango, Mexico

– Guadalajara, Mexico

– Huatulco, Mexico

– Ixtapa/Zihuatanejo, Mexico

– Leon/Guanajuato, Mexico

– Manzanillo, Mexico

– Mazatlan, Mexico

– Mexico City, Mexico

– Monterrey, Mexico

– Morelia, Mexico

– Oaxaca, Mexico

– Puebla, Mexico

– Puerto Vallarta, Mexico

– Queretaro, Mexico

– San Jose del Cabo, Mexico

– San Luis Potosi, Mexico

– Saltillo, Mexico

– Tampico, Mexico

– Toluca, Mexico

– Torreon, Mexico

– Veracruz, Mexico

– Villahermosa, Mexico