[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53378-53379]
[FR Doc No: 2016-19030]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0724; FRL-9950-51-Region 5]

Air Plan Approval; Indiana; Abengoa Bioenergy of Indiana,
Commissioner's Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Indiana State Implementation Plan (SIP)
submitted by the Indiana Department of Environmental Management (IDEM)
on October 16, 2015. The submittal consists of an order issued by the
Commissioner of IDEM (Commissioner's Order No. 2015-01) approving
alternative control technology requirements for Abengoa Bioenergy of
Indiana (Abengoa). These requirements include the use of a carbon
adsorption/absorption hydrocarbon vapor recovery system with a minimum
overall control efficiency of 98% to control volatile organic compound
(VOC) emissions from the ethanol loading racks at Abengoa. A continuous
emissions monitoring system (CEMS) must be used to monitor the carbon
adsorption/absorption hydrocarbon vapor recovery system for
breakthrough of VOC emissions.

DATES: Comments must be received on or before September 12, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0724, at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse

comment. For additional information, see the direct final rule which is
located in the Rules section of this Federal Register.

    Dated: August 1, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-19030 Filed 8-11-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33662-33664]
[FR Doc No: 2020-11869]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM19-4-000]

Implementation of Amended Section of the Federal Power Act

AGENCY:  Federal Energy Regulatory Commission, DOE.

ACTION:  Notice of Availability of Report; Request for Public Comment.

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SUMMARY:  Pursuant to ``An Act to amend section 203 of the Federal
Power Act'' (Act), the Commission issues an initial report on the
effects of the amendment on mergers or consolidations by a public
utility as well as the information collected since this amendment and
the Commission's final rule implementing this amendment became
effective.

DATES:  Comments are due on or before June 29, 2020.

ADDRESSES:  Comments, identified by docket number, may be filed
electronically at http://www.ferc.gov in acceptable native applications
and print-to-PDF, but not in scanned or picture format. For those
unable to file electronically, comments may be filed by mail or hand-
delivery to: Federal Energy Regulatory Commission, Secretary of the
Commission, 888 First Street NE, Washington, DC 20426. The Comment
Procedures Section of this document contains more detailed filing
procedures.

FOR FURTHER INFORMATION CONTACT:
    Tina Briscoe (Technical Information), Office of Energy Market
Regulation, 888 First Street NE, Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Regine Baus (Legal Information), Office of the General Counsel, 888
First Street NE, Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
United States of America Federal Energy Regulatory Commission

Implementation of Amended Section 203(a)(1)(B) of the Federal Power
Act; Notice Of Availability Of Report; Request For Public Comment

May 22, 2020

I. Introduction

    1. On September 28, 2018, Congress passed ``An Act to amend section
203 of the Federal Power Act'' (Act) in Public Law 115-247. As
discussed in further detail below, the Act resulted in two changes to
section 203 of the Federal Power Act (FPA).\1\ The Act also directed
the Commission to issue a report, subject to notice and comment, on the
changes to FPA section 203 and to submit that report to Congress. As
discussed below, interested persons may submit comments on this report
by June 29, 2020.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824b (2018).
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II. Background

A. Public Law 115-247

    2. Section 1 of the Act amended section 203(a)(1)(B) \2\ to provide
that no public utility shall, without first having secured an order of
the Commission authorizing it to do so, merge or consolidate, directly
or indirectly, its facilities subject to the jurisdiction of the
Commission, or any part thereof, with the facilities of any other
person, or any part thereof, that are subject to the jurisdiction of
the Commission and have a value in excess of $10 million, by any means
whatsoever. Section 3 of the Act provided that the amendment to section
203(a)(1)(B) shall take effect 180 days after the date of the enactment
of the Act, i.e., March 28, 2019. The primary effect of this amendment
was to establish a $10 million threshold for

transactions that are subject to the Commission's review and
authorization under section 203(a)(1)(B).
---------------------------------------------------------------------------

    \2\ Id. 824b(a)(1)(B).
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    3. In section 2 of the Act, Congress amended section 203(a) to add
section 203(a)(7) to require notification for certain transactions.
Section 203(a)(7) provides that, not later than 180 days after the date
of the enactment of section 203(a)(7), the Commission shall promulgate
a rule requiring any public utility that is seeking to merge or
consolidate, directly or indirectly, its facilities subject to the
jurisdiction of the Commission, or any part thereof, with those of any
other person, to notify the Commission of such transactions not later
than 30 days after the date on which the transaction is consummated if:
(1) The facilities, or any part thereof, to be acquired are of a value
in excess of $1 million; and (2) such public utility is not required to
secure a Commission order under amended section 203(a)(1)(B).
    4. The Act also specified that, not later than two years after the
date of the enactment of the Act, the Commission shall submit to
Congress a report that assesses the effects of the amendment made by
section 1 and that such report shall take into account any information
collected under section 203(a)(7). The Act required that the Commission
provide for notice and comment with respect to the report.

B. Order No. 855

    5. The Commission issued Order No. 855 on February 21, 2019,\3\ to
revise its regulations to implement the amendments in the Act.
Specifically, the Commission revised section 33.1(a)(1)(ii) to provide
that part 33 applies to any public utility seeking authorization under
section 203 to merge or consolidate, directly or indirectly, its
facilities subject to the jurisdiction of the Commission, or any part
thereof, with the facilities of any other person, or any part thereof,
that are subject to the jurisdiction of the Commission and have a value
in excess of $10 million, by any means whatsoever.\4\
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    \3\ Implementation of Amended Section 203(a)(1)(B) of the
Federal Power Act, Order No. 855, 166 FERC ] 61,120 (2019); see also
Mergers or Consolidations by a Public Utility, 84 FR 6069 (Feb. 26,
2019).
    \4\ 18 CFR 33.1(a)(1)(ii) (2019).
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    6. In addition, the Commission added section 33.12 to its
regulations to require that public utilities submit a notification
filing for transactions subject to section 203(a)(7). The Commission
required that such public utilities include the following information
in the notification filing: (1) The exact name of the public utility
and its principal business address; and (2) a narrative description of
the transaction, including the identity of all parties involved in the
transaction and all jurisdictional facilities associated with or
affected by the transaction, the location of such jurisdictional
facilities, the date on which the transaction was consummated, the
consideration for the transaction, and the effect of the transaction on
the ownership and control of such jurisdictional facilities. The
Commission also required that the notification filing contain a
statement regarding whether the parties to the transaction are
affiliates to provide transparency as to whether these transactions are
negotiated at arm's length and whether these transactions could have an
effect on a public utility's rates.\5\
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    \5\ Id. 33.12 (2019).
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    7. The Commission directed public utilities to file the
notification filings within a dedicated docket number associated with
section 203 filings. Filings for each fiscal year (FY) are submitted
into the designated docket number and made accessible through the
Commission's eLibrary system.\6\
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    \6\ Filings for the FY are included in a separate docket denoted
as EC19-1 for FY 2019, EC20-1 for FY 2020, etc.
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III. Review of Section 203 Filings Following Amendment to Section
203(a)(1)(B)

    8. As to the effects of the amendment adding the $10 million
threshold to section 203(a)(1)(B), the Act has resulted in two notable
changes with respect to transactions that were previously and remain
subject to section 203(a)(1)(B). The first such change is that, in
general, since the Act took effect on September 28, 2018, the
Commission has seen a reduction in the overall number of section 203
filings from previous years. For example, in FY 2018 and FY 2019,
respectively, the Commission received 164 and 142 filings under section
203. However, to date in FY 2020, the Commission has received 66
filings.
    9. In addition, since the Act took effect, the Commission has seen
fewer filings requesting authorization for transactions under section
203(a)(1)(B). Generally, these transactions involve acquisitions by a
public utility of Commission-jurisdictional facilities, usually
transmission facilities. Before the Act took effect, the Commission
would receive a significant number of filings requesting authorization
for transactions where the facilities at issue were valued at less than
$10 million, many less than $1 million. Since the Act took effect, only
a few filings requesting authorization under section 203(a)(1)(B) have
been submitted. For example, in FY 2018, the Commission received 30
filings requesting authorization under section 203(a)(1)(B). In
contrast, in FY 2020, to date, the Commission has received only 17
filings requesting authorization for transactions under section
203(a)(1)(B). The Commission expects to continue to see fewer section
203 filings as a result of the Act's addition of the $10 million
threshold to this section of the FPA.

IV. Information Collected in Notification Filings

    10. Since the Act took effect, the Commission has received 14
notification filings pursuant to section 203(a)(7) of the FPA and
section 33.12 of the Commission's regulations. Below is a brief
description of those filings. Interested persons may view the
notification filings in Docket Nos. EC19-1-000 (for FY2019 transaction)
and EC20-1-000 (for FY2020 transactions) for more detailed information.
    11. Specifically, in Docket No. EC19-1-000, the Commission received
notification filings for eight transactions submitted by the following
entities: Virginia Electric and Power Company, Monongahela Power
Company, and The Potomac Edison Company; NSTAR Electric Company;
Entergy Louisiana, LLC (Entergy Louisiana); FPL Energy Wyman IV LLC
(FPL Energy); ITC Midwest LLC, Westar Energy, Inc., and American
Transmission Systems, Inc. For example, Entergy Louisiana submitted a
filing indicating that it had acquired from a non-affiliated customer
certain limited transmission facilities that were subject to the
Commission's jurisdiction with a total value in excess of $1 million,
but less than $10 million. Entergy Louisiana stated that the total cost
of the transmission facilities and equipment was $6,043,750.
    12. Thus far for FY 2020, in Docket No. EC20-1-000 the Commission
has received six notification filings, including notices filed by
Michigan Electric Transmission Company, LLC; Paulding Wind Farm IV, LLC
(Paulding IV); International Transmission Company; Little Bear Solar 1,
LLC; and American Electric Power Service Corporation. For example,
Paulding IV submitted a filing in connection with its acquisition of an
undivided interest in certain Commission-jurisdictional shared
interconnection facilities from Paulding Wind Farm III LLC (Paulding
III). According to Paulding IV, both parties were indirectly owned by
EDP Renewables North America LLC and are

affiliated. Paulding IV acquired the undivided ownership interests from
Paulding III for $4,694,270, which the parties stated was net book
value.
    13. Given the Commission's more limited oversight over transactions
subject to section 203(a)(7), we believe that the information collected
in these notification filings was adequate to ensure compliance with
the statute and the Commission's regulations. That is, the information
collected is far less than the information required for full section
203 applications pursuant to part 33 of the Commission's regulations,
but more than a brief notice establishing that the underlying
transaction was consummated. Thus, the Commission continues to be able
to track who controls the Commission-jurisdictional facilities at issue
in these transactions as well as whether these transactions are
executed at arm's length or could affect a public utility's rates.

V. Request for Comment

    14. As discussed above, the Act specified that, not later than two
years after the date of enactment of the Act, the Commission shall
submit to Congress a report that assesses the effects of the amendment
made by section 1 and takes into account any information collected
under section 203(a)(7). The Act also required that the Commission
provide for notice and comment with respect to this report.
    15. Consistent with this directive from Congress, we request
comment on this report. Comments are due June 29, 2020. The Commission
will review the comments prior to submitting the report to Congress by
September 28, 2020.

VI. Comment Procedures

    16. The Commission invites interested persons to submit comments on
the matters and issues proposed in the report, including any related
matters that commenters may wish to discuss. Comments are due on or
before June 29, 2020. Comments must refer to Docket No. RM19-4-000 and
must include the commenter's name, the organization they represent, if
applicable, and their address.
    17. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    18. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    19. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely. Commenters on this
report are not required to serve copies of their comments on other
commenters.

    Dated: May 27, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-11869 Filed 6-1-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Notices]
[Pages 8925-8926]
[FR Doc No: 2017-02067]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-29-000]

North Baja Pipeline, LLC; Notice of Application

    Take notice that on January 6, 2017, North Baja Pipeline, LLC (NBP)
700 Louisiana Street, Suite 700, Houston, Texas 77002, filed in Docket
No. CP17-29-000, an application pursuant to

section 7(b) of the Natural Gas Act and Part 157 of the Commission's
regulations, requesting authorization to permanently abandon certain
facilities and unsubscribed firm capacity at NBP's Ehrenberg Compressor
Station located in Ehrenberg, Arizona. Specifically, NBP requests to
abandon two compressor units; one of which is the station spare unit.
Effectively, NBP will abandon 7,200 of certificated horsepower and
18,450 Dth/day of unsubscribed firm southbound capacity. Also, NBP is
providing its notification regarding the temporary abandonment approved
by the Commission in the January 6, 2014 ``Order Approving
Abandonment'' in Docket No. CP14-1-000, all as more fully set forth in
the application, which is on file with the Commission and open to
public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Linda Farquhar, Manager, Project Determinations and Regulatory
Administration, North Baja Pipeline, LLC, 700 Louisiana Street, Suite
700, Houston, Texas 77002, or phone by:<PHONE_NUMBER>, or by email:
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    There is an ``eSubscription'' link on the Web site that enables
subscribers to receive email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on February 7, 2017.

    Dated: January 17, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-02067 Filed 1-31-17; 8:45 am]
 BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 15, 2006

   NOTICE OF ACTION TAKEN -- DOCKETS OST-96-1346

				     				          OST-97-2358

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of UNITED AIR LINES, INC. (UNITED) filed 11/4/05 for:

Docket OST-96-1346

XX  Renewal of exemption for two years under 49 U.S.C. §40109 to
provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, via intermediate points,
and Manaus, Brasilia, Rio de Janeiro, Sao Paulo, Recife, Porto Alegre,
Belem, Belo Horizonte, and Salvador, Brazil, and beyond Brazil to
Argentina, Uruguay, Paraguay, and Chile.

Docket OST-97-2358

XX  Amended exemption for two years under 49 U.S.C. §40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail on a
code-share basis only between a point or points in the United States and
a point or points in Brazil limited to the 30 points named by the U.S.
for code-share services under the U.S.-Brazil air services agreement and
to serve these points on a co-terminal basis with the other Brazilian
points United is authorized to serve pursuant to its exemption authority
in Docket OST-1996-1346.

Applicant rep: Jeffrey A. Manley<PHONE_NUMBER>     Analyst:  Thuy H.
Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions and remarks, see below)

The above action was effective when taken: March 15, 2006, through March
15, 2008, or until 90 days after final Department action on United’s
corresponding application for a certificate of public convenience and
necessity in Docket OST-1995-495, whichever occurs earlier.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Brazil, as amended.

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

XX  Holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

	XX  Statement of authorization conditions (see below)

________________________________________________________________________
________________________________________

Conditions: The authority granted to serve intermediate points is
limited to countries with which the United States has signed open-skies
agreements and/or countries for which the carrier holds authority to
serve under certificates or exemptions issued by the Department, and for
which it holds route integration authority by virtue of either the
present action or other action of the Department.

The Statement of Authorization granted is subject to the following
conditions:

(a) The statement of authorization will remain in effect only as long as
United and Varig continue to hold the underlying authority to operate
the codeshare services at issue, and the codeshare agreement providing
for the code-share operations remains in effect.

(b) United and/or Varig must promptly notify the Department (Office of
International Aviation) if the codeshare agreement is no longer
effective or if the carriers decide to cease operating all or a portion
of the approved codeshare services. (Such notice should be filed in
Docket OST-1997-2358.)

(c) The code-sharing operations conducted under this authority must
comply with 14 CFR 257 and with any amendments to the Department’s
regulations concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in the computer reservation systems and
elsewhere; that the carrier selling such transportation (i.e., the
carrier shown on the ticket) accept responsibility for the entirety of
the code-share journey for all obligations established in its contract
of carriage with the passenger; that the passenger liability of the
operating carrier be unaffected; and that the operating carrier shall
not permit the code of its U.S. code-sharing partner to be carried on
any flight that enters, departs, or transits the airspace of any area
for whose airspace the Federal Aviation Administration has issued a
flight prohibition.

(d) The authority granted here is specifically conditioned so that
United and Varig shall not give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

(e) We may amend, modify, or revoke the authority granted at any time
without hearing at our discretion.

Responsive Pleadings:  On November 8, 2005, American Airlines, Inc.
(American) filed an answer stating that it does not oppose United’s
request for an amendment in Docket OST-97-2358, provided that American
receives equal treatment for its application seeking renewal and
amendment of its Brazil authority in Docket OST-1997-2419.  We are
granting, concurrently, both requests.

Remarks:  Under the U.S.-Brazil aviation transport agreement, the U.S.
Government may name 30 points for U.S. carriers to serve via code-share
service.  At this time, the U.S. has designated the following 22
codes-share points: Bauru, Campo Grande, Cascavel, Cuiaba, Curitiba,
Florianopolis, Fortaleza, Goiania, Joao Pessoa,  Iguacu, Joinville,
Londrina Maceio, Maringa Parin, Natal, Navagantes, Porto Velho, Ribeirao
Preto, Sao Luiz, Teresina, Vilhena, and Vitoria.  The authority granted
here permits United to serve all code-share points currently designated
by the United States and those that may be designated in the future
under the U.S.-Brazil agreement.  This authority shall not be construed
as to grant United authority to serve any point that is not properly
designated, or to serve more than 30 points via code share.

________________________________________________________________________
____________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
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)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; 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 shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										  05/2004

 United's application here for exemption authority also references a
pending United application for certificate authority.  See Docket
OST-1995-495.  We will handle its certificate request separately.

 In the alternative, the application seeks renewal of United’s
existing exemption authority to provide codeshare service between a
point or points in the United States and Campo Grande, Curitiba,
Fortaleza, Florianopolis, Iguacu, Sao Luiz, Joao Pessoa, Natal, Maceio,
and Cuiaba, Brazil, and to serve these Brazilian points on a co-terminal
basis with the other Brazilian points United is authorized to serve on a
code-share basis only.  Pursuant to its exemption authority in Docket
OST-1996-1346, United holds a statement of authorization to code share
with Varig, S.A (see Notice of Action Taken, dated June 11, 1998, in
Docket OST-97-2358).  We note that the broader amended authority that
the applicant seeks, and that we are granting in this Notice, subsumes
current authority.

 The United and Varig statement of authorization conditions were granted
in 1998 (see Notice of Action Taken, dated June 11, 1998, in Docket
OST-97-2358).  We have revised our standard statement of authorization
conditions since then, and we are including the current standard
statement of authorization conditions as part of this Notice.

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

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