DEPARTMENT OF TRANSPORTATION ' ^ WASHINGTON, D.C.

Transcription

1 BEFORE THE DEPARTMENT OF TRANSPORTATION ' ^ WASHINGTON, D.C. ^"'^^ ^"M CORIAIIOH Application of POLSKIE LINIE LOTNICZE LOT S.A. Docket OST for renewal of an exemption pursuant to 49 U.S.C (United States - Poland code-sharing) APPLICATION OF POLSKIE LINIE LOTNICZE LOT S.A. FOR RENEWAL OF EXEMPTION Communications with respect to this document should be addressed to: John E. GiUick David M. Endersbee Zuckert, Scoutt & Rasenberger L.L.P. 888 Seventeenth Street, N.W., Suite 700 Washington, D.C Tel: (202) Fax: (202) iegillick@zsrlaw.com dmendersbee(ajzsrlaw.com Counsel for Polskie Linie Lotnicze LOT S.A. Dated: November 4, 2009 Notice: Any person may support or oppose this application by filing an answer with the Department of Transportation and serving a copy of the answer on the applicant and all persons served with this application by November 19, 2009.

2 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of POLSKIE LINIE LOTNICZE LOT S.A. Docket OST for renewal of an exemption pursuant to 49 U.S.C (United States - Poland code-sharing) APPLICATION OF POLSKIE LINIE LOTNICZE LOT S.A. FOR RENEWAL OF EXEMPTION Polskie Linie Lotnicze LOT S.A. ("LOT") hereby applies for renewal of its exemption, last issued by the Department on November 8, 2007, authorizing LOT to engage in code-sharing services with United Air Lines, Inc. ("United"), as more fully described herein. LOT requests renewal of this exemption authority for an additional period of not less than two years. In support of this application, LOT respectfully states as follows: 1. LOT seeks renewal of its exemption to conduct scheduled foreign air transportation of persons, property and mail (1) between any points in Poland and any points in the United States (either nonstop or via third country points); (2) between any points in the United States in conjunction with service held out by LOT between Poland and the United States (either nonstop or via third country points); and (3) between any points in the United States or Poland and any points in any third country, all such services to be operated by United pursuant to a code-share arrangement between LOT and United.

3 2. The Air Transport Agreement Between the Government of the United States of America and the Goverrmient of the Republic of Poland (the "U.S. - Poland Open Skies Agreement") authorizes designated airlines of the U.S. and Poland to operate scheduled code-sharing services between a point or points in each member's territory, to a point or points in the other member's territory, via intermediate points. 3. Consistent with this bilateral authority and pursuant to LOT and United's code-sharing agreement and prior Departmental authorizations, LOT has been displaying its "LO" designator code on flights operated by United (1) between any points in the United States and Poland (either nonstop or via third country points); (2) between any points in the United States in conjunction with services held out by LOT between Poland and the United States (either nonstop or via third country points); and (3) between any points in the United States or Poland and any points in any third country. 4. LOT'S foreign air carrier permit authorizes LOT to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in Poland via intermediate points in Denmark, Sweden, Norway, Finland, Germany, the Czech Republic, the Slovak Republic, Hungary, Romania, Austria, Switzerland, the Netherlands, Belgium, Spain, Ireland, Iceland and Montreal, Canada and the co-terminal points New York, New York, and Chicago, Illinois. See Order United and LOT are parties to a Code Share and Regulatory Cooperation Agreement dated September 5, 2003, in which the carriers agreed to terms governing the code-share services for which United concurrently sought a Statement of Authorization in Under that agreement. United has been code sharing for LOT on United services between points in the United States and Poland via third-country points intermediate to and beyond the United Sates,

4 and between points within the United States in conjunction with LOT's services between Poland and the United States. 6. The renewal of the code-share authority requested herein is consistent with the U.S. - Poland Open Skies Agreement, which, effective January 1, 2004, removed any limits on LOT's service to the U.S. and on United's service to Poland. 7. Renewal of this exemption authority will not constitute "a major regulatory action" under the Energy and Consumption Act of 1975, as defined in Section (a) (1) of the Department's Regulations. 8. By submitting this timely renewal application, LOT invokes the automatic extension provisions of 5 U.S.C. 558 (c), as implemented by Part 377 of the Department's Regulations, to continue in effect its current exemption authorization for the service specified in this application, pending a final determination of this renewal application. 9. LOT respectfully requests that this renewal application be granted as soon as possible and that the renewal remain in effect for at least two years.

5 WHEREFORE, for the foregoing reasons, LOT respectfully requests that the Department grant its request for renewal of the exemption in the manner described more fully herein. Respectfully submitted. November 4, 2009 klm John E. GiUick David M. Endersbee Zuckert, Scoutt & Rasenberger L.L.P. 888 Seventeenth Street, N.W., Suite 700 Washington, D.C Tel: (202) Fax: (202) dmendersbee(fl':zsrlaw.com Counsel for Polskie Linie Lotnicze LOT S.A.

6 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing application was, this 4th day of November, 2009, served via U.S. mail or electronic mail upon the persons set forth below. David M. Endersbee jeffrey.manley@united.com hkamen@coair.com rbkeiner@crowell.com Lhalloway@crowell.com dan.weiss@coair.com howard_kass@usairways.com Sascha.vanderbellen@deha.com sametta.c.bamett@delta.com Jeff.morgan@delta.com anbird@fedex.com carl.nelson@aa. com dvaughan@kelleydrye.com dfisher@kelleydrye.com j ohn. allen@faa. gov rpommer@atlasair.com john.palo@evergreenairlines.com charters@evergreenairlines.com byerlyj r@state. gov ronald.williams@ustranscom.mil jrichardson@j ohnlrichardson. com mlbenge@zsrlaw.com pmurphy@lopmurphy. com tom.fosko@airtransport.cc agoerlich@ggh-airlaw.com efaberman@wrf com rsilverberg@sgbdc.com msinick@ssd.com slachter@lachter-clements.com matwood@sherblackwell.com jhill@dowlohnes john.fredericksen@suncountry.com jyoung@yklaw.com bill@mietuslaw.com john@mietuslaw.com kevin.montgomery@polaraircargo.com peter.beckett@polaraircargo. com tgillies@southemair.com jonathan.blank@klgates.com tim.hobbs@klgates.com Embassy of the Republic of Poland "" Street, NW Washington, DC 20009