 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 27, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-22799    

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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).

Joint Application of UNITED AIR LINES, INC. (UNITED) filed 10/19/05 for:

XX  Exemption for United for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail
between Chicago, Illinois and St. Lucia.  United also seeks route
integration authority to combine this exemption authority with its
existing certificate and exemption authority.  United proposes initially
to operate weekly service beginning on or about February 5, 2006 on a
seasonal basis. 

Applicant reps: Jeffrey A. Manley (202) 663-6670    DOT Analyst: Thuy H.
Cooper (202) 366-5423

	            

D I S P O S I T I O N

XX  Granted (subject to conditions, see attached)

The above action granting exemption authority was effective when taken:
October 27, 2005, through October 27, 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 the United Kingdom to which St. Lucia
acceded upon its independence.

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)  

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

The applicant 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 the applicant rights
(including fifth-freedom intermediate and/or beyond rights) to serve
markets where U.S. carrier entry is limited unless the applicant
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 the
applicant’s authority by virtue of the route integration exemption
granted here, but that are not then being used by the applicant, the
holding of such authority by route integration will not be considered as
providing any preference for the applicant in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

Remarks:  We acted on this application without awaiting expiration of
the 15-day answer period with the consent of all parties served.

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On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicants 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:

  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

 United expressly requests expedited approval of this exemption
application so that marketing and sale of the new service may begin
without delay.  United also asks that the requested exemption authority
in the instant docket and United’s pending application for U.S.-St.
Lucia certificate authority (Docket OST-99-6385) be awarded pursuant to
the Department’s new streamlined regulatory procedures for licensing
U.S. carriers (see Docket OST-2005-22228).  In the interest of according
United the expedited treatment it seeks on the present application, we
have decided to grant United’s request for exemption authority to
serve the Chicago-St. Lucia market here, and to handle the carrier’s
pending application for U.S.-St. Lucia certificate authority separately.

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