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OST-1999-5097

http://www.united.com/

United Air Lines, Inc.

United is planning to offer code-share service with Lufthansa on the latter's flights between points in Germany and Windhoek, Namibia. Lufthansa presently operates services between Frankfurt and Windhoek. These flights will connect with United/Lufthansa flights to Frankfurt from the U. S. The code share will enable United to hold out services between the U. S. and Windhoek and will be the first U.S. carrier service to Namibia. These services will begin as soon as U. S. government approval has been received. The government of Namibia has already approved these services.  United also requests route integration authority. This will enable United to integrate its new authority to serve Windhoek with its existing Certificate of Public Convenience and Necessity and exemption authority. This would allow United to serve Windhoek via routings other than points in Germany should the occasion arise to do so. The route integration exemption should be subject to the normal condition that services may be integrated consistent with applicable international agreements and subject to the receipt of the necessary foreign government approvals.

Counsel:  United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_malnley@kirkland.com

Scheduled foreign air transportation of persons, property, and mail between points in the United States and Windhoek, Namibia via points in Germany, and to integrate this authority with its existing certificate and exemption authority. United intends to operate this service pursuant to a code-share arrangement with Lufthansa German Airlines.

By:  Paul Gretch

Hereby applies for renewal of its exemption to provide scheduled foreign air transportation of persons, property, and mail between points in the United States and Windhoek, Namibia, via points in Germany, including route integration authority. United requests that this exemption be renewed for a period of two years or until the Department grants a permanent certificate of public convenience and necessity which includes such authority.

Shortly thereafter, United became the first U.S. carrier to implement third--country code-share service between the United States and Namibia. United provided such service pursuant to a code-share arrangement with Lufthansa German Airlines ("Lufthansa"), whereby United placed its designator code on Lufthansa flights between Frankfurt and Windhoek, connecting those flights with United/Lufthansa's flights between the U.S. and Frankfurt. Last year, however, Lufthansa suspended its Frankfurt--Windhoek service. Nonetheless, in anticipation that Lufthansa or one of United's other code-share partners may resume such service, United is hereby requesting renewal of its exemption authority to serve Windhoek. Renewal of this authority will ensure that United is in a position to re-introduce its U.S.-Germany-Windhoek third-country code-share service immediately upon Lufthansa's resumption of its Frankfurt-Windhoek service. 2 United also is requesting that the Department renew the route integration authority granted in conjunction with United's exemption to serve Windhoek. By integrating its exemption authority to serve Windhoek with its other existing certificate and exemption authorities, United may be able to avail itself of other opportunities to serve Windhoek via different routings with different code-share partners, should such opportunities arise.

United's Germany-Windhoek services were operated on a blind-sector basis for traffic under the "UA" designator code, i.e., United did not sell service to local traffic between Germany and Windhoek. Upon resumption of Lufthansa's Germany-Windhoek flights, United would offer code-share services on the same blind-sector basis as before.

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

Scheduled foreign air transportation of persons, property, and mail between points in the United States and Windhoek, Namibia via points in Germany, and to integrate this authority with its existing certificate and exemption authority. United intends to operate this service pursuant to a code-share arrangement with Lufthansa German Airlines.

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 the following service: Scheduled foreign air transportation of persons, property, and mail between points in the United States and Windhoek, Namibia via points in Germany, and to integrate this authority with its existing certificate and exemption authority. United intends to operate this service pursuant to a code-share arrangement with Lufthansa German Airlines.

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 points in the United States and Windhoek, Namibia via any points in other countries which United is authorized to serve, and integrate this authority with its existing certificate and exemption authority. United operates this service pursuant to a 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

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