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OST-1995-369

http://www.united.com/

United Air Lines, Inc. and Lufthansa German Airlines

OST-1995-369 - Exemption - US-Nairobi Codeshare

December 29, 1997

Notice of Action

We were not prepared to defer or deny the United and Lufthansa joint application to amend their codeshare authority. The authority requested is consistent with the open-skies aviation agreement between the United States and the Federal Republic of Germany. American presented no public interest arguments that warranted withholding approval of the bilaterally provided for authorities requested. We, therefore, found that approval of the requested authorities is in the public interest.

Counsel: Joel Burton, 202-637-9130 for United / J Edward Cox, 202-663-6000 for Lufthansa

OST-1995-369 - Exemption - US-Nairobi Codeshare
OST-1996-1348 - Exemption - US-Manchester, UK
OST-1996-1560 - Exemption - US-Baku, Azerbaijan, and Ashkhabad, Turkmenistan

February 27, 1998

Application for Renewal and Amendment of Exemptions

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By Orders 96-6-28, 96-9-28 and 98-1-17, the Department of Transportation granted or renewed the exemption authority of United Air Lines, Inc. ("United") to operate scheduled service between points in the United States, on the one hand, and Manchester, England (Docket OST-96-1348, Order 96-ó-28); Baku, Azerbaijan, and Ashkhabad, Turkmenistan (Docket OST-96-1560, Order 96-9-28); and Lyon, France, and Nairobi, Kenya (Docket OST-95-369, Order 98-1-17), on the other hand. These orders permit services to be operated in some cases via all points in Germany (Order 98-1-17) and in others via specific points in Germany, such as Frankfurt (Order 96-9-28) or Munich (Order 96-6-28). The exemption authority to serve Lyon and Nairobi is further conditioned in that United can offer service only "under its code-sharing arrangement with Lufthansa."

United also requests that its exemption authorizations be amended to allow United to serve these points from the U.S. via points in other countries which United is authorized to serve in addition to Germany and to offer service with code-share partners other than Lufthansa. This will permit code-share service, for example, via points in Scandinavia (Denmark, Norway and Sweden) on Scandinavia Airlines System ("SAS") or via points in the U.K. with British Midland Airways, Ltd. For example, British Midland is beginning service to Manchester from London Heathrow on March 29, 1998. The amended exemption authority is needed to allow United to code share on those services.

Service List

Counsel:  United and Ginsburg Feldman, Joel Burton, 202-637-9130

Filed February 27, 1998

Notice of Action

Scheduled foreign air transportation of persons, property, and mail between (a) points in the United States and Lyon, France, and (b) points in the United States and Nairobi, Kenya, via any point or points in Germany. United intends to operate this service pursuant to a code-share arrangement with Lufthansa German Airlines.

Amend exemption to:Permit United to serve Lyon and Nairobi via points in other countries which United is authorized to serve, in addition to points in Germany. United intends to operate these services pursuant to authorized code-sbare arrangements with code-share partners in addition to Lufthansa. In conjunction with this amendment, United seeks authority to integrate its services to Lyon and Nairobi with its existing certificate and exemption authority to facilitate the routings proposed.

Applicant Rep:  Joel Burton, 202-637-9130

Hereby applies for renewal of its exemption authorizing it to provide foreign air transportation of persons, property and mail between points in the United States and Nairobi, Kenya, via any point or points in Germany, under its code-sharing arrangement with Lufthansa.  United plans to resume service to Nairobi by codesharing on Lufthansa's flights via Germany.  United has temporarily suspended code-share service to Nairobi because of an overflight issue. Service will be resumed when the overflight issue has been resolved.

Counsel:  Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@kirkland.com

United hereby applies for renewal of its authority to allow United to serve Nairobi via points in other countries which United is authorized to serve, in addition to points in Germany. United intends to operate these services pursuant to authorized code-share arrangements with code-share partners in addition to Lufthansa. This amended authority was previously granted on May 27, 1998 and is set to expire on March 20, 2000. See Notice of Action Taken dated May 27, 1998. In that same Notice, United was granted authority to integrate this exemption authority with its existing Certificates of Public Convenience and Necessity and exemption authority, and United hereby also requests renewal of that route integration authority.

Counsel:  Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@kirkland.com

By:  Paul Gretch

By this application, United seeks to renew each of the above-detailed exemption authorities for a minimum period of two years or until the Department grants United's corresponding applications for a certificate of public convenience and necessity, as amended, currently pending in Dockets OST-95-625, OST-98-3853 and OST-99­6385. United also requests that the Department give each of the above-detailed exemption authorities a common expiration date so there will not be a need for multiple renewals.  In the case of United's exemption in Docket OST-99-5097 to serve Windhoek, Namibia, via points in Germany, United requests an amendment to include the right to operate via any intermediate points in third countries which United is authorized to serve. Such an amendment would give United additional flexibility to serve Windhoek consistent with its broad exemptions in other markets.

Counsel:  Wilmer Culter, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com

United wishes to clarify its renewal request with respect to Dockets OST­99-5097 (U.S.-Namibia) and OST-99-6720 (U.S.-Accra, Ghana, and U.S.-Lagos, Nigeria). United seeks renewal and amendment of the authority to operate these services pursuant to authorized code-share arrangements with any of its foreign code-share partners, not just Lufthansa. In Notice of Action Taken dated July 13, 2000 (Docket OST-99-6720) and Notice of Action Taken dated February 7, 2001 (Docket OST-99­5097), exemption authority was granted to perform the above services. Both notices state that United intends to operate or will operate this service under a code-share arrangement with Lufthansa. United believed that this wording describing its initial plans for providing these services was merely illustrative and did not restrict United's ability to code share with any of its foreign partners. United wishes to clarify for the record its intention in the renewal and amendment application dated January 23, 2002, to seek the flexibility to offer services to these points in conjunction with any of its authorized code­share partners.

In addition, United also wishes to clarify that it seeks authority to integrate its U.S.-Lagos/Accra exemption authority in Docket OST-99-6720 with other outstanding certificate and exemption authority. The Notice dated July 13, 2000 in that docket refers to route integration authority "by virtue of either the present action or other action of the Department." Because that Notice itself contained no specific route integration authority, United urges that the U.S.-Lagos/Accra authority, as renewed, specifically contain the Department's standard route integration provision applicable to exemption authority.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com

Renew for two years exemption to provide scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, and Nairobi, Kenya, via any points in other countries which United is authorized to serve, and integrate this authority with its existing exemption and certificate authority. United intends to operate this service pursuant to code-share arrangements with its foreign code-share partners.

By:  Paul Gretch

OST-95-369 - Code-Share and Blocked Space Services with U.S.-Germany Services
OST-96-1348 - Exemption - United States-Manchester, England
OST-96-1560 - Exemption - Code-Share With Lufthansa German Airlines - Germany-Baku/Ashkhabad
OST-98-3476 - Code Share-Germany-Sarajevo, Bosnia and Zagreb, Croatia
OST-99-5097 - United States-Germany-Windhoek, Namibia
OST-99-6720 - United States-Accra, Ghana/United States-Lagos, Nigeria
OST-00-6852 - United States - Portugal

December 29, 2003

Application for Renewal of Exemptions

By various Notices of Action Taken, the Department renewed and amended exemption authorities permitting United to engage in 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 (OST‑95‑369, Notice of Action Taken, dated March 1, 2002, and set to expire on March 1, 2004);
• 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 (OST-96-1348, Notice of Action Taken, dated March 1, 2002, and set to expire on March 1, 2004);
• 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 (OST96‑1560, Notice of Action Taken, dated March 1, 2002, and set to expire on March 1, 2004);
• 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 (OST‑98‑3476, Notice of Action Taken, dated March 1, 2002, and set to expire on March 1, 2004);
• points in the United States and Windhoek, Namibia, via points in third countries that United is authorized to serve; and to integrate these services with United's existing certificate and exemption authority (OST‑99‑5097, Notice of Action Taken, dated March 1, 2002, and set to expire on March 1, 2004);
• points in the United States and points in Ghana and Nigeria, via points in third countries that United is authorized to serve, and beyond Ghana and Nigeria, without local traffic rights between the intermediate and beyond points and points in Ghana and Nigeria; and to integrate these services with United's existing certificate and exemption authority (OST‑99‑6720, Notice of Action Taken, dated March 1, 2002, as amended by Notice of Action Taken, dated November 18, 2002, and set to expire on March 1, 2004); and
• points in the United States and Portugal, directly and via points in third countries that United is authorized to serve, and beyond Portugal, using either its own aircraft or under code‑share arrangements with its authorized foreign code share partners; and to integrate these services with United's existing certificate and exemption authority (OST‑00‑6852, Notice of Action Taken, dated March 6, 2002, and set to expire on March 6, 2004).

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmer.com

Filed December 29, 2003 | Issued February 10, 2004

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, and Nairobi, Kenya, via any points in other countries which United is authorized to serve, and integrate this authority with its existing exemption and certificate authority. United operates this service pursuant to code-share arrangements with its foreign code-share partners.

By: Paul Gretch

OST-1995-369 - US-Nairobi Codeshare
OST-1996-1348 - US-Manchester, UK
OST-1996-1560 - US-Azerbaijan/Turkmenistan Codeshare
OST-1998-3476 - US-Bosnia/Croatia Codeshare
OST-1999-5097 - US-Namibia Codeshare
OST-1999-6720 - US-Ghana/Nigeria Codeshare
OST-2000-6852 - US-Portugal

December 8, 2005

Application for Renewal of Exemptions

By this application, United seeks to renew each of the above-detailed exemption authorities for a minimum period of two years or until the Department grants United's corresponding applications for a certificate of public convenience and necessity, as amended, currently pending in Dockets OST-1995-625 and OST-1999-6385.

United filed a Motion for Immediate Action, dated September 8, 2005, in Dockets OST-1995-495 and 1999-6385 requesting that the Department act on these long-pending applications in accordance with the procedures set out in the Notice In the Matter of Streamlining Regulatory Procedures For Licensing U.S and Foreign Air Carriers issued by the Department August 23, 2005, in Docket OST-2005-22228.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com

OST-1995-369 - Exemption - US-Nairobi Codeshare with Lufthansa
OST-1996-1348 - Exemption - US-Manchester, England
OST-1996-1560 - Exemption - US-Baku, Azerbaijan, and Ashkhabad, Turkmenistan Codeshare with Luftansa
OST-1998-3476 - Exemption US-Sarajevo, Bosnia, and Zagreb, Croatia Codeshare with Lufthansa

Filed December 8, 2005 | Issued November 28, 2007

Notice of Action Taken

DOT-OST-1995-369: 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-1996-1348: 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-1996-1560: 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-1998-3476: 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. Dismissed, as moot, request for renewed exemption authority to serve between points in the United States and Sarajevo, Bosnia.

United also requests renewal of exemption authority in Dockets DOT-OST-1999-5097 (U.S.-Namibia), DOT-OST-1999-6720 (U.S.-Ghana/Nigeria), and DOT-OST-2000-6852 (U.S-Portugal). We will handle these requests separately.

By: Paul Gretch

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