BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Application of :

: 

UNITED AIR LINES, INC. : Docket DOT-OST-2013-____

:

for an exemption pursuant to 49 U.S.C. § 40109 :

and designation (Austin-San Jose del Cabo, Mexico) :

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APPLICATION OF UNITED AIR LINES, INC.

FOR AN EXEMPTION AND DESIGNATION

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 30, 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.

NOTICE: United has requested expedited treatment of this application. Accordingly, it will 

poll U.S. carrier representatives and inform the Department of the results. 
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Application of :

: 

UNITED AIR LINES, INC. : Docket DOT-OST-2013-____

:

for an exemption pursuant to 49 U.S.C. § 40109 :

and designation (Austin-San Jose del Cabo, Mexico) :

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

APPLICATION OF UNITED AIR LINES, INC. 

FOR AN EXEMPTION AND DESIGNATION

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

of Practice, for an exemption from 49 U.S.C. § 41101 authorizing it to provide scheduled foreign 

air transportation of persons, property and mail between Austin and San Jose del Cabo, Mexico 

beginning on or about June 6, 2013, and the U.S.-Mexico operating designation necessary to 

offer such service. United asks for the requested exemption authority to be granted on a seasonal 

basis to allow United to provide service to San Jose del Cabo on Saturdays using an A-319

aircraft. United asks that its exemption authority become effective as soon as possible and that it

be effective for a period of at least two years, subject to the Department’s standard conditions. 

United also asks the Department to issue the necessary notice to Mexican authorities confirming 

United’s authority to serve the Austin-San Jose del Cabo route.

United states as follows in support of this application:

1. Awarding Austin-San Jose del Cabo exemption authority to United will allow it to 

provide service to meet seasonal demand in this market using United’s A-319 aircraft. United 

urges the Department to act promptly on this application so that it can secure foreign authority, 

make final operating plans and begin marketing the Austin-San Jose del Cabo flights well in 

 

1 Common names are used for airlines. 
Application of United

Page 2

advance of operations, which it plans to commence on or about June 6, 2013, provided all 

necessary approvals have been secured.2 

2. United’s service between Austin and San Jose del Cabo will provide substantial 

benefits to the U.S. traveling and shipping public by offering new U.S.-Mexico service and by 

providing competition for AirTran, which is the only other carrier that has proposed to serve this 

market3that currently has no nonstop service. 

3. The authority sought by United fully complies with the terms of the U.S.-Mexico 

Air Transport Services Agreement (“U.S.-Mexico Agreement”), as amended. Route 1(a) of the 

U.S.-Mexico Agreement authorizes carriers designated by the United States to operate from “a 

point or points in the United States to a point or points in Mexico.” U.S.-Mexico Agreement, 

Annex I, A(1)(a). Further, the U.S.-Mexico Agreement permits the United States to designate up 

to three airlines to provide scheduled combination services between any point or points in the 

United States and San Jose del Cabo. See U.S.-Mexico Agreement, Annex I, B(5). Sufficient 

designations are available for United to operate on the Austin-San Jose del Cabo route.

4

 

4. 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 authority. 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 

 

2

 United will poll airline representatives and advise the Department of the results. 

3 AirTran has applied to provide seasonal Austin-San Jose del Cabo service 

beginning on or about June 2, 2013. See Docket DOT-OST-2013-0012.

4 Based on currently published scheduled services, there are three U.S. carrier 

operating designations available on this route.