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Updated: Thursday, March 20, 2008 10:55 AM

OST-2003-16213 - United Air Lines and Air China - US-China Codesharing

http://www.airchina.com.cn/en/index.jsp
http://www.united.com/


United Air Lines, Inc. and Air China International Corp.

OST-2003-16213 - US-People's Republic of China Codesharing with United

September 22, 2003

Joint Application for Exemptions and Statements of Authorization

United requests that the Department grant it exemption authority authorizing United to engage in scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the United States, on the one hand, and any point or points in the People's Republic of China, on the other hand, pursuant to its codeshare arrangement with Air China' This would allow United maximum operating flexibility and would be consistent with the Department's issuance of broad authority to various U.S. and foreign air carriers.

United also requests that the Department grant it a statement of authorization to permit United to display Air China's "CA" designator code on flights operated by United (1) between any point or points in the United States, on the one hand, and a point or points in China, on the other hand; and (2) between Air China's U.S. coterminal gateways as well as between each of those gateways, on the one hand, and 30 additional points in the U.S., on the other hand.

Air China requests that the Department grant it exemption authority authorizing Air China to engage in scheduled foreign air transportation of persons, property and mail, in Shenzhen, Nanning. Harbin, Changchun, Zhengzhou, Nanc hang, and Lanzhou as those 20 additional points in China to be served on a code-share-only basis beyond the designated gateways. Because these 20 points can be changed by the U.S. at any time, United requests authority to serve any point in China to provide the flexibility to serve any points that may be selected by the U.S. in the future. See Foreign Air Carrier Permit of Qantas Airways Limited, at 1 as issued by Order 94-3-27 (authorizing Qantas to serve "an additional eight points" in the United States to be named later). Notice of Action Taken issued to American Airlines and Cathay Pacific dated January 8, 2003 in Docket OST-00-6824 (authorizing Cathay Pacific to offer code-share service to 20 unnamed U.S. points, subject to designation by the Government of Hong Kong). The two additional points in China that may be selected by the U.S. under Article 3 of the April 1999 Protocol for service by U.S. carriers with their own aircraft are the two unnamed additional points that would be covered under this grant of exemption authority.

Air China also requests that the Department grant it a statement of authorization to permit Air China to display United's "UA" designator code on flights operated by Air China (1) between any point or points in the People's Republic of China, on the one hand, and Air China's U.S. coterminal gateways, on the other hand; and (2) between United's coterminal Chinese gateways, as well as between each of those gateways, on the one hand, and 20 additional points in China selected by the U.S., on the other hand."

Attachment A: Marketing Cooperation Agreement
Exhibit A: Schedule Cooridnation and Code sharing
Exhibit B: Internal Reservations and Computer Reservations System
Exhibit C: Through Check-In and Seamless Connecting Service
Exhibit D: Special Prorate Agreement
Exhibit E: Frequent Flyer Agreement
Exhibits F&G: Product Consistency Implementation Plan & Revenue Commitment Agreemen
Exhibit H: Personnel Contacts by Area of Responsibility
Exhibit I: Code Share Emergency Procdures & Family Assistance Plan

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manely@wilmer.com for United / Schnader Harrison, George Tompkins, 212-973-8040, gtompkinsjr@schnader.com for Air China



Filed September 22, 2003 | Issued October 24, 2003

Notice of Action Taken

Exemption for United under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the United States, and any point or points in the People’s Republic of China. United intends to operate this service pursuant to a reciprocal code-share arrangement with Air China International Corp.

Statement of authorization for United under CFR Part 212 to: Permit United to display the “CA” code of Air China on flights operated by United between (1) any points or points in the United States, and any point or points in China, and (2) Air China’s coterminal gateways, as well as between each of those gateways, and 30 additional points in the United States selected by China.

Exemption for Air China under 49 U.S.C. 40109 to provide the following service: Scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the People’s Republic of China, and any point or points in the United States, pursuant to its code-share arrangement with United.

Statement of authorization for Air China under 14 CFR Part 212 to: Permit Air China to display the “UA” code of United on flights operated by Air China between (1) any point or points in the People’s Republic of China, and China’s U.S. coterminal gateways, and (2) United’s coterminal Chinese gateways, as well as between each of those gateways, and 20 additional points in China selected by the United States.

China has already selected Boston, Dallas/Ft. Worth, Detroit, Houston, Las Vegas, Miami, Minneapolis/St. Paul, Philadelphia, Phoenix, and Washington, DC as some of the 30 additional U.S. points to be served on a code-share only basis beyond the designated gateways (Anchorage, Atlanta, Chicago, Fairbanks, Honolulu, Los Angeles, New York, Portland, San Francisco, and Seattle). (See Attachment A for the routes United and Air China initially propose to serve.)

The United States has selected Chengdu, Nanjing, Qingdao, Shenyang, Xiamen, Xian, Wuhan, Fuzhou, Guilin, Kunming, Changsha, Dalian, Chongqing, Shenzhen, Nanning, Harbin, Changchun, Zhengzhou, Nanchang, and Lanzhou as those 20 additional China points to be served on a code-share only basis beyond the Chinese gateways (Beijing, Guangzhou, and Shanghai). (See Attachment A for the routes United and Air China initially propose to serve.)

By: Paul Gretch



September 22, 2004

Re: Change of Routings

This is to notify you of a change of routings that will affect certain city pairs where Air China's designator code is displayed on United operated flights. As originally filed, the CA* code was displayed on United flights operated over a Chicago‑San Francisco‑Shanghai routing as described in Attachment A to the Department's Notice of Action Taken, dated October 24, 2003, in the referenced docket. The CA* code appears on all segments of that routing.

Commencing October 31, 2004, United will be operating nonstop service between Chicago and Shanghai. The Air China code will be displayed on that flight. In addition, Air China will continue to code share on United flights operated in the San Francisco‑Chicago and San Francisco‑Shanghai city pairs. To reflect this new service pattern, appropriate modifications are needed in Attachment A to the NOAT referred to above.

United also gives notice at this time to the extent necessary to display Air China's code on United's nonstop flights operated between San Francisco and Beijing (UA/CA*). Notice was already given for the display of the United code on flights operated by Air China in that city pair (CA/UA*). The city pair "San Francisco-Beijing" should also be added to Attachment A of the aforesaid NOAT under the heading "Air China's CA Code on United's Transpacific Flights.

Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670



October 21, 2004

Application for Renewal of Exemption Authority

Pursuant to 49 U.S.C. § 40109, Air China International Corp. d/b/a Air China hereby applies for the renewal of exemption authority granted in the Notice of Action Taken issued on October 24, 2003 by the Department of Transportation in Docket OST-2003-16213, permitting Air China to engage in scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the People's Republic of China, on the one hand, and any point or points in the United States, on the other hand, under a code-share arrangement with United Air Lines, Inc. This exemption authority expires on October 24, 2004, By this Application, Air China respectfully requests that this exemption authority be renewed for a period of one (1) year to expire on October 24, 2005, which is the same date that the exemption authority for United expires, pursuant to NOAT issued October 24, 2003 in Docket OST-2003-16213. See Attachment A hereto.

Counsel: Schnader Harrison, George Tompkins, Jr., 212-973-8040, gtompkins@schnader.com



November 4, 2004

Supplement to Application for Renewal of Exemption Authority

Supplementing the Application of Air China International Corp. d/b/a Air China for the renewal of existing exemption authority filed herein and dated 21 October 2004, Air China International Corp. changed its name, effective 1 October 2004, to Air China Limited d/b/a Air China. This name change has been approved by the Department of Transportation by letter dated 26 October 2004, attached hereto.

Counsel: Schnader Harrison, George Tompkins, 212-973-8040, gtompkinsjr@schnader.com



Filed October 21, 2004 | Issued November 10, 2004

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the People’s Republic of China, on the one hand, and any point or points in the United States, on the other hand, under a code-share arrangement with United Air Lines, Inc.

At the time of our last grant of authority in this docket, the applicant was known as Air China International Corp. d/b/a Air China.  By letter dated October 26, 2004, the Department acknowledged registration of the applicant’s name change to Air China Limited d/b/a Air China.

By: Paul Gretch



August 22, 2005

Application for Renewal of an Exemption

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice (14 C.F.R. Part 302), United Air Lines, Inc. hereby applies for renewal of its exemption authority in the above-captioned docket which supports United's U.S.-China code share services with Air China Limited d/b/a Air China. United requests that its exemption be renewed for a minimum period of two years or until the Department grants United's application for renewal and amendment of its certificate of public convenience and necessity for Route 246 currently pending in Docket OST-1997-3020.

Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670



November 1, 2005

Application for Renewal of Exemption Authority

Air China Limited d/b/a Air China hereby applies for the renewal of exemption authority granted in the Notice of Action Taken issued on November 10, 2004 by the Department of Transportation in Docket OST-2003-16213, permitting Air China to engage in scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the People's Republic of China, on the one hand, and any point or points in the United States, on the other hand, under a code-share arrangement with United Air Lines, Inc. This exemption authority expires on November 10, 2005 By this Application, Air China respectfully requests that this exemption authority be renewed for a period of two (2) years to expire on November 10, 2007.

Counsel: Schnader Harrison, George Tompkins, 212-973-8040, gtompkins@schnader.com



December 15, 2005

30-Day Notice of Additional Codesharing

Pursuant to the Statement of Authorization granted to United Air Lines, Inc. and Air China International Corp. on October 24, 2003 in Docket OST-2003-16213, United and Air China hereby jointly notify the Department that Air China will display United's "UA" designator code on flights operated by Air China between the following city pairs:

  • Beijing-Qingdao
  • Beijing-Nanjing
  • Beijing-Hangzhou
  • Beijing-Hohhot
  • Beijing-Baotou
  • Beijing-Xiamen
  • Beijing-Wuhan
  • Beijing-Harbin

United and Air China will begin code-sharing on these city pairs effective on or after January 15, 2006. The proposed code-share services are consistent with the U.S.-China Air Transport Agreement and the recent amendment to that Agreement, which provides that U.S. airlines may serve from any point in the U.S. to any point in the People's Republic of China open to scheduled international services. Both United and Air China hold exemption authority that enables them to each provide service between any point in the U.S. and any point in China. The Agreement, as amended, also allows US and Chinese airlines to code-share without limitation on routes that include points in both countries.

Counsel: Schnader Harrison, George Tompkins, 212-973-8040, gtompkins@schnader.com for Air China / Wilmer Cutler, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com for United



Filed November 1, 2005 | Issued January 20, 2006

Notice of Action Taken | Word

Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the People’s Republic of China, on the one hand, and any point or points in the United States, on the other hand, under a code-share arrangement with United Air Lines, Inc.

By: Paul Gretch



January 12, 2007

Application for Renewal of Exemption Authority

Air China Limited d/b/a Air China hereby applies for the renewal of exemption authority granted in the Notice of Action Taken issued on January 20, 2006 by the Department of Transportation in Docket OST-2003-16213, permitting Air China to engage in scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the People's Republic of China, on the one hand, and any point or points in the United States, on the other hand, under a code-share arrangement with United Air Lines, Inc. This exemption authority expires on January 20 2007 By this Application, Air China respectfully requests that this exemption authority be renewed for a period of two years to expire on January 20, 2009 pursuant to NOAT issued January 20, 2006 in Docket OST-2003-16213.

Counsel: Wilson Elser, George Tompkins, 212-490-3000, george.tompkins@wilsonelser.com



February 23, 2007

Re: Notice of United Air Lines and Air China

United Air Lines, Inc. and Air China by Notice of Action Taken on October 24, 2003, United hereby notifies the Department that Air China’s CA* designator code will be placed on flights operated by United in both directions:

  • between Washington, D.C. and Beijing, China.

The proposed code-share services are consistent with applicable bilateral agreements. United and Air China plan to implement these services on or after March 28, 2007..

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



Filed January 12, 2007 | Issued March 7, 2007

Notice of Action Taken

Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign air transportation of persons, property and mail, in combination or separately, between any point or points in the People's Republic of China, on the one hand, and any point or points in the United States, on the other hand, under a code-share arrangement with United Air Lines, Inc. The applicant requests that the authority be granted for a two-year term.

Approved in part (one-year grant), remainder (request for longer-term authority) dismissed.

By: Paul Gretch



April 6, 2007

Re: Codeshare Notice

United Air Lines, Inc. and Air China by Notice of Action Taken on October 24, 2003, United hereby notifies the Department that Air China’s CA* designator code will be placed on flights operated by United in both directions:

  • between San Francisco, CA. and Denver, CO; and,
  • between Los Angeles, CA and Denver, CO.

The proposed code-share services are consistent with applicable bilateral agreements. United and Air China plan to implement these services on or after May 6, 2007.

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



OST-2003-16213 - US-People's Republic of China Codesharing with Air China

Filed August 22, 2005 | Issued January 11, 2008

Notice of Action Taken

Renewal of scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the United States, and any point or points in the People’s Republic of China. United operates this service pursuant to its code-share arrangement with Air China Limited d/b/a Air China.

By: Paul Gretch



OST-2003-16213 - Exemption - US-People's Republic of China Codesharing with Air China

Filed August 22, 2005 | Issued January 18, 2008

Notice of Action Taken - Amended Copy | Word

Renewal of scheduled foreign air transportation of persons, property, and mail, in combination or separately, between any point or points in the United States, and any point or points in the People’s Republic of China.  United operates this service pursuant to its code-share arrangement with other carriers.

United currently operates these services pursuant to its code-share arrangements with Air China Limited d/b/a Air China and Shanghai Airlines Co., Ltd.

We are amending the Notice of Action Taken issued in this docket on January 11, 2008, to clarify that the exemption authority granted to United is not limited to code-share services with a single carrier.  On March 10, 2006, in Docket DOT-OST-2006-24167, United requested that the Department amend its exemption authority in Docket DOT-OST-2003-16213, to the extent necessary, to also include code-share services between the U.S. and China under United’s code-share arrangement with (i) any carrier, or, alternatively; (ii) Shanghai Airlines.  United’s request in Docket DOT-OST-2006-24167 was unopposed, and United served the incumbent carriers with its application in both dockets.  By our action in this amended Notice, we are effectively granting United’s Docket DOT-OST-2006-24167 request.

By: Paul Gretch



March 5, 2008

Application for Renewal of Exemption Authority

Air China hereby applies for the renewal of exemption authority granted in the Notice of Action Taken issued on March 7, 2007 by the Department of Transportation in Docket OST-2003-16213, permitting Air China to engage in scheduled foreign air transportation of persons, property, and mail, in combination, or separately, between any point or points in the People's Republic of China, on the one hand, and any point or points in the United States, on the other hand, under a code-share arrangement with United Air Lines.

Counsel: Wilson Elser, George Tompkins, 212-490-3000



March 19, 2008

Re: Codeshare Notice

United hereby notifies the Department that Air China's CM designator code will be placed on flights operated by United between San Francisco, CA and Guangzhou, China and that United's UA* designator code will be placed on flights operated by Air China between Guangzhou, on the one hand, and Chengdu, Chongqing and Guangzhou, China, on the other hand. United and Air China plan to implement these services on or after June 18, 2008.

Counsel: United, Julie Oettinger, 202-296-2370


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