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OST-1999-6720

http://www.united.com/

United Air Lines, Inc.

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

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

Scheduled foreign air transportation of persons, property, and mail between points in the United States, on the one hand, and Accra, Ghana, and Lagos, Nigeria, on the other, via Frankfurt Germany. United intends to operate this service under a code-share arrangement with Lufthansa German Airlines. United will place its designator code on Lufthansa's flights between Frankfurt, on the one hand, and Accra and Lagos, on the other, without local traffic rights between Frankfurt and Accra and Frankfurt and Lagos.

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, on the one hand, and Accra, Ghana, and Lagos, Nigeria, on the other, via intermediate points, without local traffic rights between the intermediate points and Accra and Lagos.

By:  Paul Gretch

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

Amend exemption under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail between points in the United States, via intermediate points, and a point or points in Ghana and Nigeria, and beyond, without local traffic rights between the intermediate and beyond points and points in Ghana and Nigeria, and to integrate this authority with its existing certificate and exemption authority. United will operate these services pursuant to code-share arrangements with any of its foreign carrier 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 points in the United States, via intermediate points, and a point or points in Ghana and Nigeria, and beyond, without local traffic rights between the intermediate and beyond points and points in Ghana and Nigeria, and to integrate this authority with its existing certificate and exemption authority. United will operate these services pursuant to code-share arrangements with any of its foreign carrier code-share partners.

By: Paul Gretch

February 11, 2004

Corrected Notice | Word

Corrects Notice of Action Taken dated February 10, 2004, to reflect correct filing date of 12/29/03.

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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