UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 11, 2013

 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 8/29/11 for:

XX Reissuance and 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

Applicant representative: Lorraine B. Halloway (202) 624-2500 (United)

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

DISPOSITION

XX Granted reissuance and amendment of United’s exemption authority (subject to conditions, 

see below).

The above action granting exemption authority to United is effective when taken: September 11, 2013, 

through June 11, 2014.

3

 

 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); Spanair, S.A. (Spanair); and EVA Airways 

Corporation (EVA).

2 United currently holds exemption authority to engage in foreign air transportation of persons, property, and mail on 

a code-share basis with Avianca del Continente Americano S.A. Avianca (Avianca) or other authorized carrier 

between a point or points in the United States and a point or points in Colombia, via intermediate and beyond points. 

See Notice of Action Taken dated October 28, 2011, in this Docket. At the time United filed its application for that 

authority, it requested that, upon implementation of the U.S.-Colombia Open Skies Agreement, the Department 

reissue and amend United’s broad exemption authority in Docket DOT-OST-2004-19148 to the extent necessary to 

permit United to also place its designator code on flights operated by Avianca. See Application of United dated 

August 29, 2011 in this Docket. Our action here will grant that request. 3 We are amending and reissuing United’s exemption authority through June 11, 2014, coextensive with its existing 

exemption authority in this Docket.
Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and 

Colombia.

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 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); April 6, 2010 (Docket DOT-OST-2010-0055, United-Spanair); October 28, 

2011 (Docket DOT-OST-2011-0163, United-Avianca); and June 11, 2012 (Docket DOT-OST-2012-0088, United 

EVA).
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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