Renewal

May 21, 1997

_____________________________________________________________

This serves as interim notice to the public of the action described below, taken orally by the Department official indicated; the confirming order or other decision document will be issued as soon as possible.

Joint Application of United Air Lines, Inc., and Lufthansa German Airlines filed 2/27/97 in Docket OST-96-1285 for:

XX Exemption under 49 U.S.C. 40109 for Lufthansa German Airlines to provide the following services:

Scheduled foreign air transportation of persons, property, and mail between points in Germany and Washington, D.C. (Dulles), via the intermediate points Amsterdam, Brussels, and Zurich, with local traffic rights between the intermediate points and Washington, D.C.

XX Statement of Authorization under 14 CFR Part 207 for United Air Lines, Inc. to:

Place Lufthansa’s "LH" designator code on United’s flights in the Amsterdam/Brussels/Zurich-Washington DC markets for carriage of Lufthansa’s Germany-US and its authorized Amsterdam/Brussels/Zurich-Washington traffic.

Applicant reps.: Joel Stephen Burton (202) 637-9130; James S. Campbell (202) 663-6000
DOT analyst: Linda Senese (202) 366-2367

DISPOSITION

XX Granted (Subject to conditions, see below)

The above action was effective when taken: May 21, 1997, through May 21, 1999.

XX The authority granted is consistent with Attachment E of the Memorandum of Consultations signed February 29, 1996 between the United States and the Federal Republic of Germany.

XX Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated:

XX Holder’s certificate of public convenience and necessity or foreign air carrier permit, as applicable.
XX Standard exemption conditions (attached)

________________________

Special Conditions/Remarks: The code-sharing operations authorized herein must comply with 14 CFR 399.88 of the Department’s regulations and any amendments to the Department’s regulations concerning code-share arrangements that may be adopted and are expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere, and that the carrier selling such transportation accept all obligations established in its contract of carriage with the passenger (i.e., the ticket).

The authority for which United and Lufthansa requested renewal expired April 29, 1997, but had been kept in force pursuant to the provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR 377, pending action on the timely filed joint renewal application.

APPENDIX A

U.S. CARRIER
Standard Exemption Conditions

In the conduct of operations authorized by the attached order, the applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with the applicable requirements of the Federal Aviation Administration Regulations; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted or confirmed by the attached order shall be effective only during the period when the holder is in compliance with the conditions imposed above.