OST-95-625 (48678) United Air Lines / Amendment No. 1 / February 27, 1998
NOTICE: United Air Lines, Inc., requests that this application be processed by show cause procedures pursuant to Subpart Q. 14 CFR 1750(a)(4). Any person wishing to support or oppose this application must file an answer by March 27, 1998, and serve that answer on United and all persons served with this application.
Application of
UNITED AIR LINES, INC. / Docket OST-95-625 (formerly Docket 48678)
for amendment of its Certificate of Public Convenience and Necessity for Route 603, pursuant to Section 401 of the Federal Aviation Act of 1958, as amended (Route Integration)
AMENDMENT NO. 1 TO APPLICATION OF UNITED AIR LINES INC.
FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND
MOTION FOR LEAVE TO AMEND
United Air Lines, Inc. ("United") hereby amends its abovecaptioned application for a certificate of public convenience and necessity dated March 5, 1993, and filed in Docket OST-95-625 as follows: /1
1. United requests the addition of the following points to Segment 2 of its Certificate of Public Convenience and Necessity for Route 603:
Azerbaijan
Belarus
Bosnia
Croatia
Eritrea
1/ United requests leave to file this amendment after the answer date has passed. No party answered United's original application and any party wishing to answer the amended application will have an opportunity to do so. In these circumstances, no party will be prejudiced by allowing United to amend its application.
Amendment No. 1 to Application of United
Page 2
Estonia
Ethiopia
Kazakhstan
Kenya
Latvia
Lithuania
Malta
Morocco
Tanzania
Tunisia
Turkmenistan
Uzbekistan
Yemen
In addition, United requests that its authority to serve points in France on Segment 2 be amended to include Lyon and Nice in addition to Paris.
United also requests that its authority to serve the United Kingdom on Segments 2 and 3 of Route 603 be amended to eliminate the exclusion of Manchester. /2
2. The certificate authority requested by United in this amendment relates to points which United is already authorized to
2/ United has previously filed applications to renew its authority to serve points in the United Kingdom on Segments 1, 2, 3 and 4 of its Certificate of Public Convenience and Necessity for Route 603. Those applications were filed on March 11, 1994, in Docket OST-96-1565 (formerly Docket 49453) and on September 8, 1995, in Docket OST-95-621. Despite the lack of any opposition, those renewal applications have remained pending for nearly 4 years in one case and 2 1/2 years in the other. There is, in addition, an application dated January 11, 1995, for renewal of Saudi Arabia on Route 603 that is pending in Docket 50010. This temporary Route 603 authority continues in effect pursuant to 5 U.S.C. §558 (c) pending issuance of final orders by DOT relating to these various renewal applications.
Amendment No. 1 to Application of United
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serve under exemptions. /3 These exemptions have been issued and, in some cases, renewed on several occasions in order to enable United to code share on flights operated by its alliance partners such as Lufthansa German Airlines, British Midland Airways, Ltd., and Scandinavian Airlines System ("SAS"). Inclusion of these "exemption" points in United's Certificate of Public Convenience and Necessity for Route 603 will avoid the need to renew these temporary exemption authorizations, reducing the administrative burden on both United and the Department's staff.
As further support for its requested amendment, United incorporates by reference its Applications for Renewal and Amendment of Exemptions, dated February 24, 1998, in
Docket OST-96-1554 and February 27, 1998, in Dockets OST-95-369/96-1348/96-1560.3. In its original application, United requested route integration authority related to the authority in its Certificates of Public Convenience and Necessity for Routes 57 and 603. Since that time, the Department has adopted a policy of granting broader route integration authority in U.S. carrier route certificates. For example, in
Order 97-10-8, the Department added a condition to United's Certificate of Public3/ Orders 98-1-17, 98-1-ó, 96-11-5, 96-9-28, and 96-6-28.
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Convenience and Necessity for Route 130 that allows United to combine services authorized on that certificate with services authorized by other certificates and exemptions issued by the Department. Such integration is subject to the requirement that integrated services must be consistent with applicable international agreements. In addition, where integration involves a limited-entry market, advance notice must be given to the Department and, where appropriate, an opportunity will be given to other carriers seeking to exercise such limited-entry authority.
United amends its application in this proceeding to request the inclusion in its Certificate of Public Convenience and Necessity for Route 603 of the same route integration authority as was issued to it by Order 97-10-8 in its Certificate of Public Convenience and Necessity for Route 130. United agrees to abide by the terms and conditions made applicable to that route integration authority in the condition adopted in Order 9710-8, Attachment E at 2 and Renewal of Certificate Amendment for Route 130 at 2.
WHEREFORE, on the basis of the foregoing as well as United's original application, dated March 5, 1993, United requests grant of that application, as amended herein. United also requests
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such other and different relief as the Department finds to be consistent with this application and with the public convenience and necessity.
Respectfully submitted,
JOEL STEPHEN BURTON
GINSBURG, FELDMAN and BRESS CHARTERED
1250 Connecticut Avenue, N.W.
Suite 800
Washington, D.C. 20036
(202) 637-9130
Counsel for
UNITED AIR LINES, INC.
DATED: February 27, 1998