 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 20, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-96-1346

     OST-97-2358

________________________________________________________________________
_________________________________

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. filed 12/29/2003 to:

XX  Renew for two years exemptions under 49 U.S.C. 40109 to provide the
following services:

Docket OST-96-1346

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, via intermediate points,
and Manaus, Brasilia, Rio de Janeiro, Sao Paulo, Recife, Porto Alegre,
Belem, Belo Horizonte, and Salvador, Brazil, and beyond Brazil to
Argentina, Uruguay, Paraguay, and Chile.

Docket OST-97-2358

Scheduled foreign air transportation of persons, property, and mail on a
code-share basis only between a point or points in the United States and
Campo Grande, Curitiba, Fortaleza, Florianopolis, Iguacu, Sao Luiz, Joao
Pessoa, Natal, Maceio, and Cuiaba, Brazil, and to serve these Brazilian
points on a co-terminal basis with the other Brazilian points United is
authorized to serve pursuant to its exemption authority in Docket
OST-96-1346.

Applicant rep:  Jeffrey A. Manley (202) 663-6670  DOT Analyst:  Linda
Senese (202) 366-2367

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  January 20, 2004, through
January 20, 2006, or until 90 days after final Department action on
United’s corresponding application for a certificate of public
convenience and necessity in Docket OST-95-495, whichever occurs
earlier..

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 Brazil, as amended.

(See Reverse Side)

2

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  Statement of authorization approving the United/Varig code-share
operations

          dated June 11, 1998, and conditions therein

________________________________________________________________________
____________

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
exemption 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://dms.dot.gov//reports/reports_aviation.asp

			Attachment

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 and with all applicable U.S. Government requirements
concerning security.  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; and

(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.

										08/2003

 United offers code-share services to Brazilian points under a
code-share arrangement with Varig, S.A.

