 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

CORRECTED NOTICE*

Issued by the Department of Transportation on  February 11, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-99-6720

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_________________________________

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  12/29/03    to:

XX Renew exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States, via intermediate points, and a
point or points in Ghana and Nigeria, and beyond, without local traffic
rights between the intermediate and beyond points and points in Ghana
and Nigeria, and to integrate this authority with its existing
certificate and exemption authority.  United will operate these services
pursuant to code-share arrangements with any of its foreign carrier
code-share partners. 

Applicant rep:   Jeffrey A. Manley   (202) 663-6670    DOT Analyst: 
Sylvia Moore   (202) 366-6519

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:   February 10, 2004, through 
 February 10, 2006, (coextensive with United’s existing authority in
this Docket) or until 90 days after final action on United’s
corresponding certificate application in Docket OST-95-6385, whichever
occurs earlier. 

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

	

XX  The exemption authority granted is consistent with the aviation
agreements between the United States and Nigeria and the United States
and Ghana.

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

*Corrects Notice of Action Taken dated February 10, 2004, to reflect
correct filing date of 12/29/03.

2

Conditions:  The route integration authority granted is subject to the
condition that any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved. 
Furthermore, (a) nothing in the award of the route integration authority
requested should be construed as conferring upon United rights
(including fifth-freedom intermediate and/or beyond rights) to serve
markets where U.S. carrier entry is limited unless United notifies the
Department of its intent to serve such a market and unless and until the
Department has completed any 

necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in United’s authority by virtue of the route integration
exemption granted here, but that are not then being used by United, the
holding of such authority by route integration will not be considered as
providing any preference for United in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.  

The authority granted to serve intermediate and beyond points is limited
to countries with which the United States has signed open-skies
agreements and/or countries for which United holds authority to serve
under certificates and exemptions issued by the Department, and for
which it holds route integration authority by virtue of either the
present action or other action of the Department.

The code-share operations involving Ghana must be operated within the
frequencies allocated United for U.S.-Ghana third-country code-share
services.  (See Notices of Action Taken dated July 13, 2000, and 

May 29, 2002, Docket OST-2000-7149.)

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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



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

