BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

---------------------------------------------------------------

Application of :

:

CONTINENTAL AIRLINES, INC. :

: Docket DOT-OST-2000-7448

for an exemption under 49 U.S.C. § 40109 :

(New York/Newark-Acapulco, Puerto Vallarta :

and San Jose del Cabo) :

---------------------------------------------------------------

APPLICATION OF 

UNITED AIR LINES, INC.

FOR RENEWAL 

Communications with respect to this document should be sent to:

Hershel I. Kamen

Senior Vice President-Alliances,

 Regulatory and Policy

Daniel A. Weiss

Managing Director-International

 Affairs and Regulatory

UNITED AIR LINES, INC.

77 West Wacker Drive

HDQIZ

Chicago, IL 60601

(312) 997-7573

hershel.kamen@united.com

dan.weiss@united.com

Steve Morrissey

Managing Director-Regulatory Affairs 

 and Policy

Karine R. Faden

Managing Counsel-Regulatory, Antitrust &

 Competition

UNITED AIR LINES, INC.

1225 New York Avenue, N.W.

Suite 1100 DCAIZ/DCALD

Washington, DC 20005

(202) 521-4373

(202) 521-4363

steve.morrissey@united.com

karine.faden@united.com

January 3, 2013

Thomas Newton Bolling

Vice President and Deputy General Counsel

Jonathan T. Linde

Senior Counsel-Regulatory, Antitrust & 

Competition

UNITED AIR LINES, INC.

77 West Wacker Drive

HDQLD

Chicago, IL 60601

(312) 997-8341

thomas.bolling@united.com

jonathan.linde@united.com

Lorraine B. Halloway

Gerald F. Murphy

CROWELL & MORING LLP

1001 Pennsylvania Avenue, N.W.

Washington, DC 20004

(202) 624-2500

lhalloway@crowell.com

gmurphy@crowell.com

Counsel for

United Air Lines, Inc.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

---------------------------------------------------------------

Application of :

:

CONTINENTAL AIRLINES, INC. :

: Docket DOT-OST-2000-7448

for an exemption under 49 U.S.C. § 40109 :

(New York/Newark-Acapulco, Puerto Vallarta :

and San Jose del Cabo) :

---------------------------------------------------------------

APPLICATION OF 

UNITED AIR LINES, INC.

FOR RENEWAL

United1applies pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules 

of Practice for renewal of its exemption from 49 U.S.C. § 41101 permitting it to provide

scheduled foreign air transportation of persons, property and mail between New York/Newark 

and Acapulco, Puerto Vallarta and San Jose del Cabo, Mexico, on a seasonal basis.

2 United asks 

the Department to renew this authority effective until the Department grants United’s application 

for New York/Newark-Acapulco/Puerto Vallarta/San Jose del Cabo certificate authority.

3

United states as follows in support of its renewal application:

1. United’s exemption authority to provide scheduled service between New 

York/Newark and Acapulco, Puerto Vallarta and San Jose del Cabo on a seasonal basis was 

 

1 Common names are used for airlines.

2 By Order 2011-3-14, the Department reissued authorities previously issued only 

to United or Continental, including the Newark/Newark-Acapulco/Puerto Vallarta/San Jose del 

Cabo exemption authority that is the subject of this renewal application, in the name of 

“Continental Airlines, Inc. and/or United Air Lines, Inc.” 

3 Continental applied for an amendment to its Route 561 certificate to add New 

York/Newark-Acapulco/Puerto Vallarta/San Jose del Cabo authority on March 20, 2002 in 

Docket DOT-OST-2002-11894. When the Department acts on that application, United asks that 

the requested authority be issued in the name of “Continental Airlines, Inc. and/or United Air 

Lines, Inc.” 
Application of United

Page 2

originally granted to Continental by Notice of Action Taken June 5, 2000 in this docket, and 

such authority was most recently renewed by Notice of Action Taken March 4, 2011 in this 

docket. Absent renewal, United’s New York/Newark-Acapulco/Puerto Vallarta/San Jose del 

Cabo exemption authority will expire on March 4, 2013. 

2. Renewal of United’s exemption authority is fully consistent with the terms of the 

U.S.-Mexico bilateral aviation agreement, as amended, and is clearly in the public interest. No 

other U.S. airline offers nonstop service between Newark Liberty International Airport and 

Puerto Vallarta or San Jose del Cabo, and United has been the only U.S. airline to do so between 

Newark Liberty and Acapulco.

4

 Renewal of United’s exemption authority will allow it to

continue offering travelers and shippers options via United’s hub at Newark Liberty which 

would otherwise be unavailable to them. 

3. United holds various certificates of public convenience and necessity and 

exemptions authorizing it to engage in scheduled air transportation of persons, property and mail

between the U.S. and foreign countries, and United is fit, willing and able to provide the service 

for which it seeks renewal. See, e.g., Orders 2007-4-19 (Blanket Open Skies), 2010-5-17 (U.S.-

Mexico) and 2011-3-14 (Continental/United route transfer); and Notices of Action Taken dated

July 18, 2012 in Docket DOT-OST-2012-0113 (Chicago-Monterrey) and October 11, 2011 in 

Docket DOT-OST-1996-1368 (Houston-Mazatlan). Pursuant to Rule 24 of the Department’s 

Rules of Practice, United requests that the Department take official notice of all data that has 

been filed to establish its fitness. 

 

4

Since the U.S.-Mexico bilateral air transport services agreement permits three 

U.S. carriers to serve each of the three named Mexico markets, at least one unused U.S. carrier 

operating designation remains available for each of the three routes.