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OST-1997-2358

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United Air Lines, Inc. (New – Notice of Action Taken)

OST-1997-2358 and Undocketed | Posted July 1, 1997

Notice of Action

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and Campo Grande, Curitiba, Fortaleza, Florianopolis, Iguacu, Sao Luiz, Joao Passoa, Natal, Maceio and Cuiaba, Brazil. United requests that it be issued an exemption authorizing it to serve these additional code-share points as coterminals with the Brazilian points it is authorized to serve pursuant to its exemption issued by Order 96-7-43. United intends to operate this service pursuant to a code-share arrangement with VAR]G, S.A. (Viacao Aerea RioGrandense) on flights operated by VARIG, commencing October 26, 1997.

We dismissed, without prejudice, each carrier's application (United and VARIG) to the extent it requested broad authority to code-share between "other points on both carriers' authorized routes, as mutually agreed," and on future city pairs not specifically identified, and to the extent it requested authority between any U. S. point and any Brazilian point fisted in their joint application without specifically indicating how such code-share services would be conducted.

By: Paul Gretch / Counsel: Joel Burton, 202-637-9130

Index



Varig, S.A. (Notice of Action Taken)

OST-97-2358 | Posted July 1, 1997

Notice of Action

(1) Exemptions under 49 U.S.C. 40109 to: (A) conduct scheduled foreign air transportation of persons, property and mail between a point or points in Brazil, on the one hand, and Denver, Colorado; Honolulu and Maui, Hawaii; Las Vegas, Nevada; Portland, Oregon; Phoenix and Tucson, Arizona; San Diego, California; Seattle, Washington; and Boston, Massachusetts, on the other, on a code-share basis; and (B) coterminalize operations at the U.S. points noted in (A) above, with operations at Varig's existing Department-authorized U.S. points; and (2) a Statement of Authorization under 14 CFR Part 212 to display United Air Lines's designator code, on a blind-sector basis, on flights operated by Varig in the following markets: Sao Paulo, on the one hand, and New York/Los Angeles/Miami, on the other; Rio de Janeiro, on the one hand, and New York/Miami on the other; Miami, on the one hand, and Belem/Fortaleza/Manaus/Recife, on the other; and Sao Paulo, on the one hand, and Belem/Belo Horizonte/Campo Grande/Curitiba/Fortaleza/Rio de Janeiro/Manaus/Porto Alegre/Salvador/Brasilia/Recife/ Florianopolis/Iguacu/Sao Luiz/Joao Pessoa/Natal/Maceio/Cuiaba, on the other, and other points on Varig's and United's authorized routes, as mutually agreed. Varig stated that it would not carry local traffic or provide local service between domestic U.S. points. Varig requested that its request be granted for two years.

By: Paul Gretch / Counsel: Connie O’Keefe, 202-822-9070



Order Confirming Notices of Action Taken

Order 97-7-33 | Issued July 30, 1997 | Served August 5, 1997

Order



United Air Lines, Inc.

OST-97-2358 | September 3, 1997

Notice of Action Taken

The route integration authority requested (to coterminalize new Brazil points with its existing U.S.-Brazil and beyond services) is granted 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.

Representative: Joel Burton, 202 637 9130



Varig, S.A.

OST-97-2358 | September 2, 1997

Notice of Action Taken

Relief requested: (1) Exemptions under 49 U.S.C. 40109 to: (A) conduct scheduled foreign air transportation of persons, property and mail between a point or points in Brazil, on the one hand, and Honolulu and Maui, Hawaii Portland, Oregon, and Phoenix and Tucson, Arizona, on the other, on a code-share basis only; and (B) co-terminalize operations at the U.S. points noted in (A) above, with operations at Varig's existing Department-authorized U.S. points; and (2) a statement of authorization under 14 CFR Part 212 to display United Air Lines' designator code on flights operated by Varig in several markets.

Representative: Connie O’Keefe, 202 822 9070



Varig, S.A.

OST-97-2358 | September 2, 1997 | Corrected Notice

Notice of Action Taken

Relief requested: To conduct scheduled foreign air transportation of persons, property and mail between a point or points in Brazil, on the one hand, and Honolulu and Maui, Hawaii, Portland, Oregon, and Phoenix and Tucson, Arizona, on the other, on a code-share basis only.

Representative: Connie O’Keefe, 202 822 9070



Order Confirming Notices of Action Taken

Order 97-9-29 | Issued September 24, 1997 | Served September 30, 1997

Order

By: Paul Gretch



United Air Lines, Inc. and Varig, S.A. (Exemption, US-Brazil Code Sharing)

OST-97-2358 and Undocketed | October 30, 1997

Joint Application

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The Joint Applicants request issuance of Statements of Authorization and amended exemption authority and such other authorizations as may be necessary to allow them to substitute Cleveland for the codeshare point Maui, to allow them to add Tampa, Pittsburgh, St. Louis, Salt Lake City and Cincinnati as authorized code-share only points and to allow them to code-share on VARIG flights between Sao Paulo/Rio de Janeiro and the U.S. co-terminal points New York and Boston.

Service List

Counsel: Boros Garofalo, Constance O'Keefe, 202-822-9070 for Varig / United and Ginsburg Feldman, Joel Burton, 202-637-9130



United Air Lines, Inc. and Varig, S.A. (Exemption and Statements of Authorization, US-Brazil Codesharing)

OST-97-2358 | Undocketed | November 14, 1997

Joint Answer of American Airlines and TAM

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If a selection proceeding is necessary, the Department should consolidate the American/TAM and United/Varig applications for contemporaneous consideration and decision, and should do so on an expedited basis. In that proceeding, American and TAM will show why the U.S. codeshare points they have named should be selected.

Counsel: Bagileo Silverberg, Robert Silverberg, 202-944-3300 for TAM / American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com

Answer of The Massachusetts Port Authority

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The Massachusetts Port Authority (Massport) strongly supports the application of United and Varig insofar as it has to do with service to Boston. Code-sharing has become a very important part of U.S. policy. It is of benefit to U.S airlines and to U.S. cities and regions. In particular, the Brazilian-American and Portuguese-American communities in New England would greatly benefit from the enhanced service options that single aircraft service will bring.

By: Charles Yelen, 617-478-4152



United Air Lines, Inc. and VARIG, S.A. (Exemption and Statements of Authorization, US-Brazil Codesharing)

OST-97-2358 and Undocketed | November 21, 1997

Motion for Leave to File and Amendment to Joint Application

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VARIG requests amendment of its Statement of Authorization pursuant to Part 212 to enable it to display United's designator code on VARIG flights between the co-terminal Brazilian points Sao Paulo and Rio de Janeiro on the one hand and the co-terminal U.S. points New York and Boston on the other hand. Pursuant to these authorities VARIG will extend a Brazil-New York flight to Boston and display United's designator code on all segments of that flight including New York-Boston. This will offer the first single-plane service between Brazil and Boston. No local traffic will be carried between New York and Boston.

Service List

Counsel: Boros Garofalo, Constance O'Keefe, 202-822-9070 for VARIG / United and Ginsburg Feldman, Joel Burton, 202-637-9130



United Air Lines, Inc. and VARIG, S.A. - (US-Brazil Codesharing)

OST-97-2358 | November 26, 1997

Answer to Motion for Leave to File and Amendment to Joint Application by Massachusetts Port Authority

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Massport urges that Varig be authorized to serve Boston as a co-terminal on its Brazil - U.S. routes. Massport also urges that United be permitted to code-share with Varig on Boston flights.

By: Richard Cunnion, Director Airline and Destination Marketing, 617.478.4152



United Air Lines, Inc. (Notice of Action Taken - New)

OST-97-2358 and Undocketed | Filed October 30, 1997, as Amended November 21, 1997 | Action Taken January 6, 1998

Notice of Action

Applicant Representative: Joel Burton, 202-637-9130



United Air Lines, Inc. and Varig, S.A. (Notice of Action Taken)

OST-97-2358 and Undocketed | Filed October 30, 1997,  as amended November 21, 1997 | Action Taken January 6, 1998

Notice of Action

Relief requested: (1) Amendment to exemption granted Varig by Notice of Action Taken September 2, 1997, in this Docket, to conduct code-share operations between Brazil and Maui, Hawaii, on a code-share basis on flights operated by United, in order to substitute Cleveland, Ohio, for the code-share point Maui; (2) Exemption under 49 U.S.C. 40109 for Varig to conduct scheduled foreign air transportation of persons, property and mail between a point or points in Brazil, on the one hand, and Cincinnati, Ohio; Tampa, Florida; Pittsburgh, Pennsylvania; St. Louis, Missouri; and Salt Lake City, Utah, on the other, on a code-share basis on flights operated by United, and to coterminalize operations at those U.S. points with operations at Varig's other Department-authorized U.S. points; (3) Exemption for Varig to conduct scheduled foreign air transportation of persons, property and mail between a point or points in Brazil, on the one hand, and Boston, Massachusetts, on the other, via intermediate points, and to coterminalize Boston operations with operations at Varig's other Department-authorized U.S. points; and (4) Statement of authorization under 14 CFR Part 212 for Varig to display United's designator code on flights operated by Varig between Sao Paulo and Rio de Janeiro, Brazil, on the one hand, and Boston, Massachusetts, on the other (and to coterminalize Boston service with Varig's existing authority to conduct operations between points in Brazil and New York, New York). Varig stated that it would not carry local traffic between New York and Boston.

Applicant Representative:  Connie O'Keefe (Varig) 202-822-9070 / Joel Burton (United) 202-637-9130



Order Confirming Notices of Action Taken

Order 98-1-23 | Issued January 26, 1998 | Served January 29, 1998

Order

By: Charles Hunnicutt



United Air Lines, Inc. and VARIG, S.A. (US-Brazil Codesharing)

OST-97-2358 and Undocketed | May 1, 1998

pdficon.gif (87 bytes)Joint Application for Renewal

document.gif (123 bytes)HTML

Service List

Counsel:  Boros Garofalo, Constance O'Keefe, 202-822-9070 / United and Ginsburg Feldman, Joel Burton, 202-637-9130



OST-1997-2358 | Filed May 1, 1998 | Action Taken June 11, 1998

pdficon.gif (87 bytes)Notice of Action

Statement of Authorization for United under 14 CFR Part 207 on an indefinite basis to display Varig's designator code on flights operated by United carrying Varig's U.S.-Brazil traffic in the following nonstop markets: New York-Sao Paulo; Miami-Sao Paulo/Rio de Janeiro; and Chicago-Sao Paulo; and the following U.S. markets on a blind-sector connecting basis: Miami-Orlando/Denver/Chicago/Washington DC (DCA/IAD)/Newark/Los Angeles/San Francisco/Atlanta/New York (LGA)/Tampa; Los Angeles-Honolulu/Las Vegas/ Portland/Phoenix/San Diego/Seattle/San Francisco/Tucson /Chicago-Detroit/Houston/San Juan/Boston/Cleveland/Pittsburgh/St. Louis/Salt Lake City/Cincinnati.

Statement of Authorization for Varig under 14 CFR Part 212, on an indefinite basis to display United's designator code, on flights operated by Varig carrying United's Brazil-U.S. traffic in the following nonstop markets: Sao Paulo-New York/Los Angeles/Miami; Rio de Janeiro-New York/Miami; Belem-Miami; Fortaleza-Miami; Manaus-Miami; Recife-Miami; Belo Horizonte-New York; Sao Paulo-Atlanta/Washington DC (IAD); and Sao Paulo/Rio de Janeiro-Boston; and in the following Brazil markets on a blind-sector connecting basis: Sao Paulo-Belem/Belo Horizonte/Rio de Janeiro/Manaus/Porto Alegre/Salvador/Brasilia/Recife/Curitiba/Fortaleza/Florianopolis/ Iguacu/Natauiaba/Campo Grande/Sao Luiz/Joso Pessoa/Maceio; Manaus-Belem; Fortaleza-Recife; and Porto AlegreRio de Janeiro.

Applicant Rep.: Joel Burton for United, 202.637.9130; Constance O'Keefe for Varig, 202.637.9155



OST-97-2358 June 4, 1999 Application for Renewal of Exemption U.S. - Brazil (Codesharing w/United)
    Service List  

Pursuant to the June 11, 1998 Notice of Action Taken, VARIG holds exemption authority to provide scheduled air transportation of persons, property, and mail on a code-share basis only between a point or points in Brazil, on the one hand, and Denver, Colorado; Honolulu, Hawaii; Las Vegas, Nevada; Portland, Oregon; Phoenix and Tucson, Arizona; San Diego, California; Seattle, Washington; Cincinnati and Cleveland, Ohio; Tampa, Florida; Pittsburgh, Pennsylvania; St. Louis, Missouri; and Salt Lake City, Utah, on the other, as coterminals with the other U.S. points VARIG is authorized by the Department to serve; and (2) scheduled foreign air transportation of persons, property, and mail between a point or points in Brazil, on the one hand, and Boston, Massachusetts, on the other hand, via intermediate points, and to coterminalize Boston operations with operations at VARIG's other Department-authorized U.S. points.

Counsel:  Kirkland & Ellis, Constance O'Keefe, 202.879.5933



OST-97-2358 April 7, 2000 Application for Renewal of Exemption U.S.- Brazil
    Service List  

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com



OST-97-2358 Filed April 7, 2000
Issued April 11, 2000
Notice of Action Taken U.S.- Brazil

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, Curitba, Fortaleza, Florianopolis, Iguacu, Sao Luiz, Joao Pessoa, Natal, Maceio, and Cuiaba, Brazil, and to serve these Brazilian points on a coterminal basis with the other Brazilian points United is authorized to serve pursuant to its exemption authority in Docket OST-96-1346. United intends to operate this service under a codeshare arrangement with Varig.

By:  Paul Gretch



OST-96-1346
OST-97-2358
February 7, 2002 Application for Renewal of Exemptions U.S.- Brazil Air Services and Codesharing
    Service List  

Renewal of these exemption authorities, as requested herein, is clearly in the public interest as it will ensure the continuation and further development of these services, both with United's own aircraft and on a code-share basis. The exemptions enable United to provide online service in conjunction with its code-share partner, VARIG, between the U.S. and a number of South American points that do not generate sufficient traffic to support direct U.S. carrier service. In addition, they provide United authority to operate its own aircraft between the U.S. and the above-named points in Brazil and beyond to Argentina, Uruguay, Paraguay and Chile. United presently serves Rio de Janeiro and Sao Paulo, Brazil, and is offering code-share service to those and other points in Brazil, pursuant to, inter alia, the exemption authority which it seeks to renew. United also relies on the exemption authority to operate its Chicago-Sao Paulo nonstop services in circumstances where Chicago is not a named U.S. point on United's U.S.-Brazil route in its Certificate of Public Convenience and Necessity for Route 632.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com



OST-96-1346
OST-97-2358
Filed February 7, 2002
Issued March 1, 2002
Notice of Action Taken U.S.- Brazil Air Services and Codesharing

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.

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 coterminal basis with the other Brazilian points United is authorized to serve pursuant to its exemption authority in Docket OST-96-1346.  

United seeks to renew both of the above-detailed exemption authorities for a minimum period of two years, or until the Department grants United's corresponding application for a certificate of public convenience and necessity in Docket OST-95-495.

By:  Paul Gretch



OST-96-1346 - US-South America
OST-97-2358 - US-South America Mail Codeshare

December 29, 2003

Application for Renewal of Exemptions

In Docket OST-96-1346, permitting United to engage in 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, Port-Alegre, Belem, Belo Horizonte, and Salvador, Brazil, and beyond Brazil to Argentina, Uruguay, Paraguay and Chile; and

in Docket OST‑97‑2358, permitting United to engage in 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. United's authority in both dockets was granted for a two‑year period and is set to expire on March 1, 2004.

The exemptions enable United to provide online service in conjunction with its code‑share partner, VARIG, between the U.S. and a number of South American points that do not generate sufficient traffic to support direct U.S. carrier service. In addition, they provide United authority to operate its own aircraft between all points in the U.S. and the above‑named points in Brazil and beyond to Argentina, Uruguay, Paraguay and Chile.

On October 19, 1999, United filed a motion for expedited action on several pending applications for certificates of public convenience and necessity, which included Docket OST-95-495. To date, no action has been taken on this docket.

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



OST-96-1346 - Exemption - U.S.-Brazil Frequency Allocation
OST-97-2358 - Exemption/Statement of Authorization - US-Brazil

Filed December 29, 2003 | Issued January 20, 2004

Notice of Action Taken | Word

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.

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.

By: Paul Gretch



OST-1996-1346 - Exemption - U.S.-Brazil Frequency Allocation
OST-1997-2358 - Exemption/Statement of Authorization - US-Brazil

November 4, 2005

Application for Renewal and Amendment Exemptions

United Air Lines, Inc. hereby applies for renewal of two exemption authorizations in the above-captioned dockets which support, inter cilia, a number of United's U.S.-South America operations, both-code share and direct. United requests that these two exemptions be renewed for a minimum period of two years or until the Department grants United's corresponding application for a certificate of public convenience and necessity, as amended, pending in Docket OST-1995-495. United also requests amendment of its exemption in Docket OST-1997-2358 to grant code-share authority coextensive with the U.S./Brazil air services agreement.

United filed a Motion for Immediate Action, dated September 8, 2005, in Docket OST-1995-495 requesting that the Department act on this long-pending application in accordance with the procedures set out in the Notice In the Matter of Streamlining Regulatory Procedures For Licensing U.S and Foreign AirCarriers, 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-1996-1346 - Exemption - US-Brazil Frequency Allocation
OST-1997-2358 - Exemption - Statement of Authorization - US-Brazil

November 8, 2005

Answer of American Airlines

American does not object to United's requested amendment with respect to codeshare points in Brazil, provided that American receives equal treatment in OST-1997-2419, in which American is seeking renewal and amendment of its Brazil authority by application submitted on November 4, 2005.

Counsel: American, Carl Nelson, 202-496-5647, carl.nelson@aa.com



OST-1996-1346 - Exemption - US-Brazil Frequency Allocation
OST-1997-2358 - Exemption - Statement of Authorization - US-Brazil

Filed November 4, 2005 | Issued March 15, 2006

Notice of Action Taken | Word

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.

United's application here for exemption authority also references a pending United application for certificate authority.  See Docket OST-1995-495.  We will handle its certificate request separately.

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 a point or points in Brazil limited to the 30 points named by the U.S. for code-share services under the U.S.-Brazil air services agreement and to serve these points on a co-terminal basis with the other Brazilian points United is authorized to serve pursuant to its exemption authority in Docket OST-1996-1346.

In the alternative, the application seeks renewal of United’s existing exemption authority to provide codeshare service 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 on a code-share basis only.  Pursuant to its exemption authority in Docket OST-1996-1346, United holds a statement of authorization to code share with Varig, S.A (see Notice of Action Taken, dated June 11, 1998, in Docket OST-1997-2358).  We note that the broader amended authority that the applicant seeks, and that we are granting in this Notice, subsumes current authority.

By: Paul Gretch



OST-1996-1346 - Exemption - US-Brazil Frequency Allocation
OST-1997-2358 - Exemption - Statement of Authorization - US-Brazil

January 11, 2008

Application for Renewal of an Exemption

United Air Lines, Inc. hereby applies for renewal of two exemption authorities in the above-eaptioned dockets which support, inter alia, a number of United's U.S.-South America operations, both code share and direct. United requests that these two exemptions be renewed for a minimum period of two years or until the Department grants United's corresponding application for a certificate of public convenience and necessity, as amended, pending in Docket OST-1995-495.

United requests that the Department renew its aforesaid exemption authorities for a minimum period of two years, subject to the usual conditions, or until the Department grants United's corresponding application for a certificate of public convenience and necessity, as amended, currently pending in Docket OST-1995-495.

Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com


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