UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 12, 2014

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2004-19148 _____________________________________________________________________________________________________________________

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).

Application of UNITED AIRLINES, INC. (United), filed 4/14/14 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property and mail between points in 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 3

Applicant representatives: Gerald F. Murphy and Steven J. Seiden (202) 624-2500

DOT Analyst: Darren Jaffe (202) 366-2512

DISPOSITION

XX Granted renewal of United’s exemption authority (subject to conditions, see below).

The above action granting exemption authority to United is effective when taken: May 12, 2014, through

May 12, 2016.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

 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); Aegean Airlines 

Societe Anonyme d/b/a Aegean Airlines S.A. (Aegean); Aer Lingus Limited (Aer Lingus); Air Canada and other 

carriers operating on its behalf (Air Canada Jazz); All Nippon Airways Co. Ltd. (ANA); Air New Zealand Limited 

(ANZ); Asiana Airlines, Inc. (Asiana); Austrian Airlines, Osterreichische Luftverkehrs AG (Austrian); Avianca del 

Continente Americano S.A. Avianca (Avianca); Blue1 Ltd. (Blue1); Brussels Airlines N.V./S.A. (Brussels Airlines); 

Compania Panamena de Aviacion, S.A. (COPA); Croatia Airlines d.d. (Croatia); Eurowings Luftverkehrs AG 

(Eurowings); EVA Airways Corporation (EVA); Jet Airways; Lauda Air Luftfahrt GmbH (Lauda); Polskie Linie 

Lotnicze LOT S.A. (LOT); Scandinavian Airlines System (SAS); Singapore Airlines Limited (Singapore); Swiss Air 

International Air Lines Ltd. d/b/a Swiss (Swiss); TAP Air Portugal (TAP); Turkish Airlines (Turkish); Tyrolean 

Airways, Tiroler Luftfahrt GmbH d/b/a Austrian Arrows (Tyrolean). Spanair, S.A. (Spanair) was previously 

included among the list of authorized foreign carriers. In a letter dated February 1, 2012, United informed the 

Department that it had terminated all code-share services with Spanair effective January 27, 2012. See Docket 

DOT-OST-2010-0055. 2 In a letter dated March 28, 2014 United informed the Department that it will terminate all code-share services with 

Aegean on July 12, 2014. See Docket DOT-OST-2010-0132.

3 United advised us on April 25, 2014 that it inadvertently included Cirrus Luftfahrtgesellschaft GbH & Co (Cirrus) 

in its application, but that it no longer conducts code-share service with Cirrus. 
XX The authority granted is consistent with the aviation agreements between the United States and 

the homelands of United’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 United’s certificates of public convenience and necessity

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

XX Conditions attached to previously granted statements of authorization4

_____________________________________________________________________________________________________________________

Special conditions/Remarks: 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 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 exemption 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 authority was consistent with the public interest; and (3) grant of the 

authority would not constitute a major regulatory 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

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

23, 2012 and June 23, 2010 (Docket DOT-OST-2010-0132, United-Aegean); July 25, 2008 (Docket DOT-OST2008-0176, United-Aer Lingus); May 6, 2009 (Docket DOT-OST-2009-0095, United-Air Canada); August 7, 1998 

(Undocketed, United-ANA); August 6, 1999 (Docket DOT-OST-1999-6013, United-ANZ); December 19, 2002 

(Docket DOT-OST-2002-13320, United-Asiana); March 13, 2000 (Docket DOT-OT-OST-2000-6803, UnitedAustrian); October 28, 2011 (Docket DOT-OST-2011-0163, United-Avianca); February 10, 2012 (Docket DOTOST-2010-0171, United – Blue1); March 2, 2010 (Docket DOT-OST-2010-0024, United-Brussels); July 9, 1998 

and June 15, 2012 (undocketed, United-COPA); November 4, 2013 (Docket DOT-OST-2007-28897, UnitedCroatia); June 8, 2009 (Docket DOT-OST-2009-0106, United-Eurowings); June 11, 2012 (Docket DOT-OST-2012-

0088, United-EVA); November 10, 2009 (Docket DOT-OST-2008-0164, United-Jet Airways); 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 DOTOST-2000-7696, United-Singapore); October 19, 2005 (Docket DOT-OST-2005-22464, United-Swiss); August 11, 

2005 (Docket DOT-OST-2005-21686, United-TAP); April 17, 2008 (Docket DOT-OST-2008-0102, UnitedTurkish).
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.

 

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