UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 3, 2006

NOTICE OF ACTION TAKEN -- DOCKETS OST-2004-19148

				                                  OST-2005-22464                    
                                                                    

________________________________________________________________________
______________________________________________

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 11/22/2005 for:

XX  Amended exemption under 49 U.S.C. 40109 in Docket OST-2004-19148 to
permit United to display its designator code on flights operated by
Swiss International Air Lines Ltd. d/b/a Swiss on the following
services: 

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points worldwide on a
third-country code-share basis pursuant to the blanket code-share
statement of authorization approved by the Department in Docket
OST-2005-22464 under which United’s UA code designator is displayed on
flights operated by Swiss. 

United also requests route integration authority to combine this
exemption authority with its existing certificate and exemption
authority as permitted under applicable bilateral agreements.  United
requests that the amended exemption authority be granted for a period
co-extensive with the exemption granted previously to United on January
24, 2005, in Docket OST-2004-19148 (i.e. through January 24, 2007)

Applicant reps:   Jeffrey A. Manley (202) 663-6670    DOT Analyst: 
Gerald Caolo  (202) 366-2406

		

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: March 3, 2006, through
January 24, 2007.

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 Switzerland.

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  Conditions attached to the relevant blanket statement of
authorizations 

				

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

Conditions:  The route integration authority granted is subject to the
following conditions:  

United 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 granted 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; (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.

We note that United has conducted a safety audit of Swiss under the
Department’s Code-Share Safety Audit Program, and the FAA has advised
that it has reviewed the relevant audit program and found the program to
be acceptable.

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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 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
Dockets.  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://dms.dot.gov//reports/reports_aviation.asp" 
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, 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; 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.

05/2004

 See Decision dated October 19,
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