BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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 :

Application of :

 :

 UNITED AIRLINES, INC. : Docket DOT-OST-2004-19148 

 : 

for renewal of exemption pursuant to :

49 U.S.C. § 40109 (blanket codeshare authority) :

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APPLICATION OF

UNITED AIRLINES, INC.

FOR RENEWAL OF EXEMPTION

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 AIRLINES, INC.

233 South Wacker Drive

10th Floor – HDQIZ

Chicago, IL 60606

(872) 825-6828

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 AIRLINES, INC.

1225 New York Avenue, NW

Suite 1100 – DCAIZ/DCALD

Washington, DC 20005

(202) 521-4373

(202) 521-4363

steve.morrissey@united.com

karine.faden@united.com

April 14, 2014

Thomas Newton Bolling

Vice President and Deputy General Counsel

Abby I. Bried

Associate General Counsel-Regulatory,

 Alliances & International

UNITED AIRLINES, INC.

233 South Wacker Drive

11th Floor – HDQLD

Chicago, IL 60606

(872) 825-8068

(872) 825-7415

thomas.bolling@united.com

abby.bried@united.com

Gerald F. Murphy

Steven J. Seiden

CROWELL & MORING LLP

1001 Pennsylvania Avenue, NW

Washington, DC 20004

(202) 624-2500

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

United Airlines, Inc.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

 :

Application of :

 :

 UNITED AIRLINES, INC. : Docket DOT-OST-2004-19148 

 : 

for renewal of exemptions pursuant to :

49 U.S.C. § 40109 (blanket codeshare authority) :

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APPLICATION OF

UNITED AIRLINES, INC.

FOR RENEWAL OF EXEMPTION

United1applies pursuant to 49 USC §40109 and Rule 302 of the Department’s Rules of 

Practice to renew its exemption from 49 U.S.C. § 41101 that allows United to provide scheduled 

foreign air transportation of persons, property and mail pursuant to codeshare agreements with 

various foreign partners

2

between points in the United States and foreign points for which it does 

 

1 Common names are used for airlines.

2

The authority subject to this renewal application covers codeshare services

offered with the following foreign air carriers: Aegean; Aer Lingus; Air Canada and other 

carriers operating on its behalf (Air Canada Jazz); Air New Zealand; ANA, Asiana; Austrian and 

other carriers operating on its behalf (Tyrolean and Lauda); Avianca; Blue1; Brussels; COPA;

Croatia; Eurowings; EVA; Jet Airways; LOT; Lufthansa and other carriers operating on its

behalf (Lufthansa CityLine, Air Dolomiti, Cirrus, Condor Flugdienst and PrivatAir); SAS;

Singapore; Swiss; TAP; and Turkish. In addition, United’s exemption authority encompasses

service by any authorized foreign carrier that operates (currently or in the future) on behalf of 

United’s blanket codeshare partners already named in United’s exemption authority, provided 

that such carrier meets two conditions: (1) it holds the necessary exemption or permit authority 

and a statement of authorization approving its codeshare with United; and (2) United conducts 

and keeps current a safety audit of the new foreign carrier approved by the Federal Aviation 

Administration (“FAA”). See, e.g., Notice of Action Taken dated Sep. 11, 2013 in this docket. 
Application of United 

Page 2

not otherwise hold authority,

3

subject only to standard codeshare notification requirements. 

United asks that its exemption authority be renewed for a period of no less than two years. 

United states as follows in support of this renewal application:

1. The authority for which renewal is sought was originally granted by Notice of 

Action Taken dated January 24, 2005 and most recently renewed by Notice of Action Taken 

dated June 11, 2012 in this docket.

4

 Absent renewal, United’s exemption authority will expire

on June 11, 2014.5 United invokes the automatic extension provisions of 5 U.S.C. § 558(c), as 

implemented by Part 377 of the Department’s Special Regulations, to continue this authority in 

effect pending the Department’s action on this renewal application. 

2. Renewing this exemption authority will serve the public interest because United

will continue to have broad flexibility to provide codeshare services that enhance international 

competition, increase service options for passengers and shippers between the U.S. and foreign 

points, eliminate the burden on carrier and Department staffs of requiring specific certificate or 

 

3 While United already holds blanket route integration authority to combine the 

authority for which renewal is requested with United’s authority for other points that it is 

authorized to serve by certificate or exemption (see Order 2010-12-24), as well as blanket open 

skies certificate authority (see Order 2007-4-19), United continues to require authority to serve 

points in non-open skies countries not specifically authorized by the exemption or certificate 

authorities it already holds. 

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

to United or Continental in the name of “Continental Airlines, Inc. and/or United Air Lines, Inc.” 

By Order 2013-4-11, the Department reissued the United/Continental authorities, including the 

exemption authority that is the subject of this renewal application, on a blanket basis to reflect 

the completion of the United/Continental merger and integration process and United’s new 

corporate name “United Airlines, Inc.” effective as of March 31, 2013. United does not seek 

renewal of the exemption authority granted originally to Continental in Docket DOT-OST-2005-

20122, as it is entirely duplicative of the exemption authority covered by this application as by 

virtue of the above-referenced orders. 

5

Following implementation of the U.S.-Colombia Open Skies Agreement, DOT 

reissued and amended United’s blanket codeshare exemption authority to encompass Avianca 

and noted that such authority would remain valid through June 11, 2014. See Notice of Action 

Taken dated Sep. 11, 2013 in Docket DOT-OST-2004-19148 at 1, n. 2 and 3. Accordingly, this 

renewal application covers all of United’s foreign codeshare partners from open skies countries. 

See note 2 supra. 
Application of United 

Page 3

exemption authority for each codeshare point or new carrier added by an authorized codeshare 

partner, and benefit fully from the rights available to U.S. airlines under the relevant bilateral air 

transport agreements. Renewal is also consistent with the open skies agreements governing air 

transportation between the U.S. and the homelands of United’s foreign codeshare partners, 

including the EU, Canada, Colombia, India, Japan, Korea, New Zealand, Norway, Panama, 

Switzerland, Singapore, Taiwan, and Turkey. 

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

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

and mail and is fit, willing and able to provide the service for which it seeks renewal. See, e.g.,

Orders 2013-4-11 (reissuing United/Continental authorities to United), 2007-4-19 (Blanket Open 

Skies) and 2010-5-17 (U.S.-Mexico), and Notice of Action Taken dated September 6, 2013 in 

Docket DOT-OST-2013-0164 (San Francisco-Chengdu). Pursuant to Rule 24 of the 

Department’s Rules of Practice, United requests that the Department take official notice of all 

information and data that have been filed to establish its fitness. 

4. United and its codeshare partners will continue to provide the Department with 

30-day notices for additional codeshare services to non-open skies countries. In addition, they 

will continue to conduct their codesharing activities in compliance with Part 257 of the 

Department’s regulations and any other applicable rules and regulations, and the codesharing

authority requested here will have no impact on United’s Civil Reserve Air Fleet commitments. 

United will continue to comply with FAA’s codeshare safety audit requirements.

WHEREFORE, United respectfully requests that the Department renew its exemption 

authority provide scheduled foreign air transportation of persons, property and mail pursuant to 

codeshare agreements with the foreign partners listed in note 2 of this application between points 

in the United States and foreign points for which United does not otherwise hold authority for a