BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of Docket DOT -OST -2005-22228 for renewal and amendment of U.S.-Mexico certificate authority (Route 902) APPLICATION OF FOR RENEWAL AND AMENDMENT OF CERTIFICATE AUTHORITY Communications with respect to this document should be sent to: Steve Morrissey Vice President-Regulatory & Policy 1225 New York Avenue, NW Suite 1100 - DCAIZ Washington, DC 20005 (202) 521-4373 steve.morrissey@united.com Daniel A. Weiss Managing Director-International Affairs and Regulatory 233 South Wacker Drive 10th Floor - HDQIZ Chicago, IL 60606 (872) 825-6828 dan.weiss@united.com November 5, 2014 Thomas Newton Bolling Vice President and Deputy General Counsel Abby L. Bried Associate General Counsel-Regulatory, Alliances & International James Conneely Counsel-Regulatory 233 South Wacker Drive 11 th Floor - HDQLD Chicago, IL 60606 (872) 825-8068 (872) 825-7415 (872) 825-8311 thomas.bolling@united.com abby. bried@united.com james.conneely@united.com Gerald F. Murphy Steven J. Seiden CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 (202) 624-2500 gmurphy@crowell.com sseiden@crowell.com Counsel for United Airlines, Inc.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of Docket DOT-OST-2005-22228 for renewal and amendment of U.S.-Mexico certificate authority (Route 902) APPLICATION OF FOR RENEW AL AND AMENDMENT OF CERTIFICATE AUTHORITY United! applies, pursuant to 49 U.S.C. 41102 and Subpart B of the Department's Rules of Practice, for renewal of its certificate for Route 902 ("U.S.-Mexico Certificate") authorizing United to provide scheduled air transportation of persons, property, and mail between certain points in the United States and certain points in Mexico. 2 United also asks that the Department amend United's U.S.-Mexico Certificate to incorporate certain certificate and exemption authorities that were either not included in, or granted subsequent to the issuance of, Order 2010-5-17. United requests that its renewed U.S.-Mexico Certificate, as amended, be effective for a period of at least five years. Common names are used for airlines. 2 By Order 2011-3-14, the Department reissued authorities previously issued only to United or Continental, including the U.S.-Mexico certificate and exemption authorities that are the subject of this application, in the name of "Continental Airlines, Inc. and/or United Air Lines, Inc." Subsequently, by Order 2013-4-11, the Department reissued United's certificate and other economic authorities on a blanket basis to reflect the completion of the United/Continental merger and integration process and United's new corporate name "United Airlines, Inc." effective as of Mar. 31,2013.
Application of United Page 2 United states as follows in support of this application: 1. United's U.S.-Mexico Certificate, which provides for consolidated certificate authority to provide scheduled combination service in a number of U.S.-Mexico markets, was granted by Order 2010-5-17. Absent renewal, the U.S.-Mexico Certificate will expire on May 4, 2015. 2. Renewal of United's U.S.-Mexico Certificate will permit United to continue providing significant benefits to U.S.-Mexico travelers and shippers and is clearly in the public interest. It will also ensure the continuation of airline and intergateway competition in the U.S.- Mexico market and is fully consistent with the U.S.-Mexico bilateral air transport agreement, as amended. 3. United further requests that the Department amend its U.S.-Mexico Certificate to include certain certificate and exemption authorities that permit United to provide scheduled air transportation of persons, property, and mail between the United States and Mexico that were either not included in, or were granted subsequent to, United's U.S.-Mexico Certificate. 3 Doing so will significantly ease the administrative burden on both United and the Department by reducing the volume of filings necessary to maintain the effectiveness of United's U.S.-Mexico authority. The U.S.-Mexico authorities that United seeks to have included in its U.S.-Mexico Certificate are reflected in Attachments A (own-aircraft) and B (codeshare). 4. United holds various certificates of public convenience and necessity and exemptions authorizing it to engage in scheduled air transportation of persons, property, and mail 3 By filing this application for renewal and amendment of United's U.S.-Mexico Certificate, United also applies, to the extent necessary, for renewal of its Austin-San Jose del Cabo exemption authority that is listed on Attachment A for inclusion in United's U.S.-Mexico Certificate but otherwise due to expire on Feb. 6, 2015. See Notice of Action Taken dated Feb. 6,2013 in Docket DOT-OST-2013-0019.
Application of United Page 3 between the U.S. and foreign countries, and United is fit, willing and able to provide the service for which it seeks authority. See, e.g., Order 2013-4-11 (reissuing United/Continental authorities to United), Order 2014-9-23 (Guam-Shanghai, China), and Notices of Action Taken dated July 29, 2014 in Dockets DOT-OST-2014-0100 and DOT-OST-2014-0101 (Houston-Puerto VallartaiSan Jose del Cabo, Mexico) and June 5, 2014 in Docket DOT-OST-2014-0088 (Washington, D.C.-San Jose del Cabo, Mexico). Pursuant to Rule 24 of the Department's Rules of Practice, United requests that the Department take official notice of all information and data that have been filed to establish its fitness. 5. United invokes the automatic extension provisions of 5 U.S.C. 558(c), as implemented by Part 377 of the Department's Special Regulations, to continue this authority in effect pending action on this application for renewal and amendment of United's U.S.-Mexico Certificate. 4 WHEREFORE, United respectfully requests that the Department grant its application to renew and amend United's U.S.-Mexico Certificate to be effective for a period of at least five years, and such other relief as the Department may deem appropriate. Respectfully submitted, Gerald F. Murphy Steven J. Seiden gmurphy@crowell.com sseiden@crowell.com November 5, 2014 Counsel for United Airlines, Inc. 4 See id.
Attachment A United Own-Aircraft U.S.-Mexico Authorities! Route Tn1e of Authority Orderli>ocket Level of Service Austin -Cancun* Exemption DOT-OST-2010-0255 Seasonal Austin-San Jose del Cabo* Exemption DOT -OST-2013-0019 Seasonal Cleve land -Cancun* Certificate (Route 561) 2000-5-31 Year-round Chicago-Cancun Certificate (Route 902) 2010-5-17 Year-round Chicago-Cozumel Certificate (Route 902) 2010-5-17 Seasonal Chicago-Mexico City Certificate (Route 902) 2010-5-17 Seasonal Chicago-Monterrey * Exemption DOT-OST-2012-0113 Seasonal Chicago-Puerto Vallarta Certificate (Route 902) 2010-5-17 Year-round Chicago-San Jose del Cabo Certificate (Route 902) 2010-5-17 Seasonal Denver-Cancun Certificate (Route 902) 2010-5-17 Year-round Denver-Mexico City Certificate (Route 902) 2010-5-17 Seasonal Denver-Puerto Vallarta Certificate (Route 902) 2010-5-17 Seasonal Denver-San Jose del Cabo Certificate (Route 902) 2010-5-17 Seasonal Houston-Acapulco * Certificate (Route 561) 2000-5-31 Seasonal Houston-Cancun * Certificate (Route 561) 2000-5-31 Year-round Houston-Cozumel * Certificate (Route 561) 2000-5-31 Year-round Houston-Guadalajara* Certificate (Route 629) 1992-5-20 Year-round Houston-IxtapalZihuatanejo* Certificate (Route 561) 2000-5-31 Seasonal Houston-Leon/Guanajuato*2 Certificate (Route 561) 2000-5-31 Seasonal Houston-Manzanillo* Exemption DOT-OST-2003-16302 Seasonal Houston-Merida * Certificate (Route 561) 2000-5-31 Year-round Houston-Mexico City* Certificate (Route 629) 1992-5-20 Seasonal Houston-Monterrey*3 Certificate (Route 629) 1992-5-20 Seasonal Houston-Morelia* Exemption DOT -OST-2010-0226 Seasonal Houston-Puerto Vallarta* Certificate (Route 561) 2000-5-31 Seasonal Houston-San Jose del Cabo* Certificate (Route 561) 2000-5-31 Seasonal Los Angeles-Cancun Certificate (Route 902) 2010-5-17 Year-round Authorities marked with a "*,, indicate U.S.-Mexico routes for which United holds certificate or exemption authority that was either not included in, or that was granted subsequent to, the issuance of Order 2010-5- 17. 2 United holds certificate authority to provide own-aircraft service on this route; however, effective Oct. 26, 20 14, United's designation for this route was limited to codeshare services operated by SkyWest (d/b/a United Express). See Notice of Action Taken dated May 27, 2014 in Dockets DOT-OST-2014-0058 and DOT OST-2014-0059. United holds certificate authority to provide own-aircraft service on this route; however, effective Mar. 5, 2015, United's designation for this route will be limited to codeshare services operated by SkyWest (d/b/a United Express). See Notice of Action Taken dated Oct. 14,2014 in Dockets DOT-OST-2014-0158 and DOT-OST- 2014-0159.
Attachment A Route TXI!e of Authoritx Order/Docket Level of Service Los Angeles-Mexico Citl Certificate (Route 902) 2010-5-17 Year-round Los Angeles-Puerto Vallarta Certificate (Route 902) 2010-5-17 Year-round Los Angeles-San Jose del Cabo Certificate (Route 902) 2010-5-17 Year-round New YorklNewark-Acapulco* Exemption DOT-OST-2000-7448 Seasonal New YorklNewark-Cancun* Certificate (Route 561) 2000-5-31 Year-round New Y orkin ewark-cozumel * Certificate (Route 561) 2000-5-31 Seasonal New YorklNewark-Mexico City* Certificate (Route 629) 1992-5-20 Year-round New YorklNewark-Puerto Vallarta* Exemption DOT -OST-2000-7448 Seasonal New YorklNewark-San Jose del Cabo* Exemption DOT-OST-2000-7448 Seasonal Raleigh/Durham-Cancun * Exemption DOT -OST-2010-0255 Seasonal San Antonio-CancllI1* Exemption DOT -OST-2010-0255 Seasonal San Francisco-Cancun Certificate (Route 902) 2010-5-17 Seasonal San Francisco-Mexico City Certificate (Route 902) 2010-5-17 Year-round San Francisco-Puerto Vallarta Certificate (Route 902) 2010-5-17 Seasonal San Francisco-San Jose del Cabo Certificate (Route 902) 2010-5-17 Seasonal Washington, DC-Cancun Certificate (Route 902) 2010-5-17 Year-round Washington, DC-Mexico City Certificate (Route 902) 2010-5-17 Year-round Washington, DC-San Jose del Cabo* Exemption DOT -OST-2014-0088 Seasonal 4 This route includes the following beyond points: Buenos Aires, Argentina; Belem, Brasilia, Rio de Janeiro and Sao Paulo, Brazil; Barranquilla, Colombia; San Jose, Costa Rica; San Salvador, El Salvador; Guatemala City, Guatemala; Georgetown, Guyana; Tegucigalpa, Honduras; Managua, Nicaragua; Panama City, Panama; Paramaibo, Suriname; Port of Spain, Trinidad and Tobago; Montevideo, Uruguay; and Caracas and Maracaibo, Venezuela.
Attachment B United Codeshare U.S.-Mexico Authorities! Route Tx(!e of Authoritx OrderlDocket Level of Service Chicago-Monterrey * Exemption DOT-OST-2012-0113 Seasonal Houston-Acapulco Certificate (Route 902) 2010-5-17 Seasonal Houston-Aguascalientes Certificate (Route 902) 2010-5-17 Year-round Houston-Chihuahua Certificate (Route 902) 2010-5-17 Year-round Houston-Ciudad del Carmen Certificate (Route 902) 2010-5-17 Seasonal Houston-Durango Certificate (Route 902) 2010-5-17 Seasonal Houston-Guadalaj ara Certificate (Route 902) 2010-5-17 Year-round Houston-Huatulco Certificate (Route 902) 2010-5-17 Year-round Houston-IxtapalZihuatanejo Certificate (Route 902) 2010-5-17 Seasonal Houston-Leon/Guanajuato Certificate (Route 902) 2010-5-17 Year-round Houston-Leon/Guanajuato* Exemption DOT -OST-2014-0058/0059 Year-round Houston-Manzanillo Certificate (Route 902) 2010-5-17 Seasonal Houston-Mexico City Certificate (Route 902) 2010-5-17 Seasonal Houston-Mexico City* Exemption 2 DOT -OST-2014-0129/0130 Seasonal Houston-Monterrey Certificate (Route 902) 2010-5-17 Year-round Houston-Monterrey* Exemption 3 DOT -OST-2014-0158/0159 Year-round Houston-Morelia Certificate (Route 902) 2010-5-17 Seasonal Houston-Oaxaca Certificate (Route 902) 2010-5-17 Seasonal Houston-Puebla Certificate (Route 902) 2010-5-17 Year-round Houston-Puerto Vallarta* Exemption DOT -OST-2014-0100/0101 Seasonal Houston-Queretaro Certificate (Route 902) 2010-5-17 Seasonal Houston-Queretaro * Exemption DOT -OST-2013-0017 Seasonal Houston-San Jose del Cabo Certificate (Route 902) 2010-5-17 Seasonal Houston-San Luis Potosi Certificate (Route 902) 2010-5-17 Year-round Houston-Tampico Certificate (Route 902) 2010-5-17 Year-round Houston Tampico* Exemption DOT-OST-2013-0017 Seasonal Houston-Torreon Certificate (Route 902) 2010-5-17 Year-round Houston-Veracruz Certificate (Route 902) 2010-5-17 Seasonal Houston-V illahermosa Certificate (Route 902) 2010-5-17 Seasonal Houston-V illahermosa * Exemption DOT -OST-2013-0017 Seasonal Los Angeles-Durango* Exemption DOT -OST-2014-0022 Year-round Los Angeles-LeoniGuanajuato* Exemption DOT -OST-2014-0060 Year-round Authorities marked with a "*,, indicate U.S.-Mexico routes for which United holds certificate or exemption authority that was either not included in, or that was granted subsequent to, the issuance of Order 2010-5- 17. United holds a marketing carrier designation to provide codeshare services on this route on flights operated by ExpressJet (d/b/a United Express); however, effective Jan. 6, 2015, United's marketing carrier designation will be limited to codeshare services on flights operated by SkyWest (d/b/a United Express). See Notice of Action Taken dated Sep. 3,2014 in Dockets DOT-OST-2014-0129 and DOT-OST-2014-0130. United holds a marketing carrier designation to provide codeshare services on this route on flights operated by ExpressJet (d/b/a United Express); however, effective Mar. 5, 2015, United's marketing carrier designation will be limited to codeshare services on flights operated by SkyWest (d/b/a United Express). See Notice of Action Taken dated Oct. 14,2014 in Dockets DOT-OST-2014-0158 and DOT-OST-2014-0159.
CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document on all persons named below by causing a copy to be sent via email: msinick@ssd.com howard.kass@aa.com robert.wirick@aa.com bob.kneisley@wnco.com ro bert. cohn@hoganlovells.com patrick.rizzi@hoganlovells.com sascha. vanderbellen@delta.com sametta.c. bamett@delta.com chris. walker@delta.com jrichardson@johnlrichardson.com jcanny@amerijet.com jhill@cooley.com perkmann@cooley.com nssparks@fedex.com sllunsford@fedex.com gbleopard@fedex.com mroller@rollerbauer.com mlbenge@zsrlaw.com agoerlich@ggh-airlaw.com thomas.ting@suncountry.com barbara.russell@virginamerica.com jhfoglia@zsrlaw.com jyoung@yklaw.com dkirstein@yklaw.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com john.s.duncan@faa.gov dwight.moore@transcom.mil englets@state.gov J ie Jackson November 5, 2014