 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on November 28, 2007

NOTICE OF ACTION TAKEN - DOCKETS 	 DOT-OST-95-369     DOT-OST-96-1348

					                               DOT-OST-96-1560   DOT-OST-98-3476

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 AIR LINES, INC. (UNITED) filed 12/8/05 for: 

XX  Renewal of exemptions for two years under 49 U.S.C. §40109 to
provide the following service:

DOT-OST-95-369: Scheduled foreign air transportation of persons,
property, and mail between points in the United States and Nairobi,
Kenya, via points in third countries that United is authorized to serve,
and to integrate these services with United’s existing certificate and
exemption authority.  United operates this service pursuant to
authorized code-share arrangements with its foreign code-share partners.

DOT-OST-96-1348: Scheduled foreign air transportation of persons,
property, and mail between points in the United States and Manchester,
England via points in third countries that United is authorized to
serve, and to integrate these services with United’s existing
certificate and exemption authority.   United operates this service
pursuant to authorized code-share arrangements with its foreign
code-share partners.

DOT-OST-96-1560: Scheduled foreign air transportation of persons,
property, and mail between points in the United States and Baku,
Azerbaijan, and Ashkhabad, Turkmenistan, via points in third countries
that United is authorized to serve, and to integrate these services with
United’s existing certificate and exemption authority. United operates
this service pursuant to authorized code-share arrangements with its
foreign code-share partners.

DOT-OST-98-3476: Scheduled foreign air transportation of persons,
property, and mail between points in the United States and Sarajevo,
Bosnia, and Zagreb, Croatia, via points in third countries that United
is authorized to serve, and to integrate these services with United’s
existing certificate and exemption authority.  United operates this
service pursuant to authorized code-share arrangements with its foreign
code-share partners.

Applicant rep: Jonathan Moss (202) 663-6655    DOT Analyst: Thuy H.
Cooper (202) 366-5423

D I S P O S I T I O N

XX  Granted, in part (subject to conditions, see below)

XX  Dismissed request for route integration authority

XX  Dismissed, as moot, request for renewed exemption authority to serve
between points in the United States and Sarajevo, Bosnia  

The above action granting exemption authority with respect to Nairobi,
Kenya; Baku, Azerbaijan; Ashkhabad, Turkmenistan; and Zagreb, Croatia
was effective when taken: November 28, 2007, through November 28, 2009,
or until 90 days after final Department action on United’s
corresponding certificate application in Docket 

DOT-OST-95-625, whichever occurs earlier.

The above action granting exemption authority with respect to
Manchester, England was effective when taken: 

November 28, 2007, through March 30, 2008.

The above actions dismissing the requests for exemption authority with
respect to Bosnia and for route integration authority were effective
when taken: November 28, 2007.

Action taken by:   Paul L. Gretch, Director	

		      Office of International Aviation

XX The authority granted with respect to Nairobi is consistent with the
overall state of aviation relations between the United States and Kenya.
The authority granted with respect to Baku is consistent with the
overall state of aviation relations between the United States and
Azerbaijan.  The authority granted with respect to Ashkhabad is
consistent with the overall state of aviation relations between the
United States and Turkmenistan.  The authority granted with respect to
Zagreb is consistent with the overall state of aviation relations
between the United States and Croatia.  The authority granted with
respect to Manchester is consistent with the aviation agreement between
the United States and the United Kingdom. 

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: XX Holder’s
certificates of public convenience and necessity 

   	    XX Standard exemption conditions (attached)  

    XX Statements of authorization approving United/foreign carrier
code-share operations,

	           and conditions therein

Remarks: The authorities for which United requested renewal have
expired, but have been kept in force pursuant to the provisions of the
Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 

14 CFR Part 377, pending action on its timely-filed renewal
applications.  

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the 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 application 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 or dismissed, 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:

  HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov 

APPENDIX 

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 International Principal Security
Inspector (IPSI) to advise the IPSI 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.

										  

			11/2006

 United also requests renewal of exemption authority in Dockets
DOT-OST-99-5097 (U.S.-Namibia), DOT-OST-99-6720 (U.S.-Ghana/Nigeria),
and DOT-OST-2000-6852 (U.S.-Portugal).  We will handle these requests
separately.

 By Order 2006-1-1, the Department awarded the carrier a blanket route
integration certificate.

 United holds broad authority to serve Bosnia, pursuant to its blanket
open-skies certificate authority.  See Order 2007-4-19.

 Effective March 30, 2008, United will be authorized to serve the United
Kingdom pursuant to its blanket open-skies certificate authority.  See
Order 2007-4-19.

