UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 11, 2012

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2004-19148 and DOT-OST-2012-0088 _____________________________________________________________________________________________________________________

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 5/31/2012 for:

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

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-2012-0088

Joint Application of UNITED and EVA AIRWAYS CORPORATION (EVA), filed 5/31/2012 for:

XX Statements of authorization in order to engage in the following code-share services:

(A) United requests a blanket statement of authorization permitting it to display the EVA (BR) 

designator code in conjunction with foreign air transportation of persons, property and mail on 

flights operated by United (1) between any point(s) in the United States and any point(s) in 

Taiwan (on a nonstop basis and on routings via intermediate points); (2) between U.S. points; 

(3) between Taiwan points; (4) beyond Taiwan to any point(s); and (5) beyond the United States 

to any point(s); and

(B) EVA requests a blanket statement of authorization permitting it to display the United (UA) 

designator code in conjunction with foreign air transportation of persons, property, and mail 

on flights operated by EVA (1) between any point(s) in the United States and any point(s) in 

Taiwan (on a nonstop basis and on routings via intermediate points); (2) between U.S. points; 

(3) between Taiwan points; (4) beyond Taiwan to any point(s); and (5) beyond the United States 

to any point(s).

 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 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 EVA Airways Corporation (EVA).
Applicant reps: Lorraine B. Halloway (202) 624-2500 (United) and 

Malcolm L. Benge (202) 298-8660 (EVA)

DOT Analyst: Brett D. Kruger (202) 366-8025

DISPOSITION

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

XX Granted blanket statements of authorization to United and EVA (subject to conditions, see 

below).

The above action granting exemption authority to United is effective when taken: June 11, 2012, through

June 11, 2014. 

The above action granting blanket statements of authorization to United and EVA is effective: June 11, 

2012, and will remain in effect indefinitely, subject to conditions. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority is encompassed in the Air Transport Agreement between the American Institute 

in Taiwan and the Taipei Economic & Cultural Representative Office, initialed February 28, 1997, 

and entered into force March 18, 1998.

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 authorization3

_____________________________________________________________________________________________________________________

Special conditions/Remarks: We note that United has conducted a safety audit of EVA under the 

Department’s Code-Share Safety Audit Program, and the FAA has advised us that it has reviewed the 

relevant audit report and found it 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 keep current an 

 3 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); November 10, 2009 (Docket DOT-OST-2008-0164, United-Jet Airways); March 2, 2010 (Docket DOTOST-2010-0024, United-Brussels); and April 6, 2010 (Docket DOT-OST-2010-0055, United-Spanair).
FAA-approved safety audit of the applicable foreign carriers under the Department’s Code-Share Safety 

Audit Program.

We acted on this application without awaiting expiration of the 15-day answer period with the consent of 

all parties served.

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

applicants 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
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 EVA 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 EVA, as appropriate, must notify the Department no later than 30 days before they begin any new 

code-share 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. Such notice should be filed in Docket DOT-OST-2012-0088.

1

(c) United and/or EVA, as appropriate, must promptly notify the Department 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 notice should be filed in Docket DOT-OST-2012-0088.

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) The authority to operate to third countries is subject to the condition that any service provided under the statement 

of authorization shall be consistent with all applicable agreements between the United States and the foreign countries 

involved. Furthermore, (i) nothing in the award of these blanket statements 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 entry is limited unless United notifies the Department of its intent to serve such a 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; and (ii) should there be a request by any carrier to use the limited-entry 

route rights that are included in the authority of United by virtue of the blanket statements of authorization granted 

here, but that are not then being used by United, the holding of such authority will not be considered as providing any 

preference for United in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to 

use the authority at issue.3

(f) The authority granted here is specifically conditioned so that neither United nor EVA shall give any force or effect 

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

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

 1 The joint applicants provided notice that, on or after July 28, 2012, United and EVA would begin the reciprocal code-share 

services involving Open Skies points as outlined in their application.

2 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision. 3 The notice in paragraph (b) above can be used for this notification.