BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

--------------------------------------------------------------

Application and Notice of :

 :

SHUTTLE AMERICA CORP. : Docket DOT-OST-2014-_____

 :

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Lufthansa Codeshare) :

--------------------------------------------------------------

APPLICATION OF 

SHUTTLE AMERICA CORP. AND JOINT BLANKET CODESHARE NOTICE OF 

SHUTTLE AMERICA CORP. AND DEUTSCHE LUFTHANSA AG

Communications with respect to this document should be sent to:

Hershel I. Kamen

Senior Vice President-Alliances,

 Regulatory and Policy

Daniel A. Weiss

Managing Director-International

 Affairs and Regulatory

UNITED AIRLINES, INC.

233 South Wacker Drive

10th Floor – HDQIZ

Chicago, IL 60606

(872) 825-6828

hershel.kamen@united.com

dan.weiss@united.com

Thomas Newton Bolling

Vice President and Deputy General Counsel

Abby L. Bried

Associate General Counsel-Regulatory, 

 Alliances & International

UNITED AIRLINES, INC.

233 South Wacker Drive

11th Floor – HDQLD

Chicago, IL 60606

(872) 825-8068

(872) 825-7415

thomas.bolling@united.com

abby.bried@united.com

April 7, 2014

Steve Morrissey

Managing Director-Regulatory Affairs 

 and Policy

Karine R. Faden

Managing Counsel-Regulatory, Antitrust &

 Competition

UNITED AIRLINES, INC.

1225 New York Avenue, NW

Suite 1100 – DCAIZ/DCALD

Washington, DC 20005

(202) 521-4373

(202) 521-4363

steve.morrissey@united.com

karine.faden@united.com

Gerald F. Murphy

CROWELL & MORING LLP

1001 Pennsylvania Avenue, NW

Washington, DC 20004

(202) 624-2500

gmurphy@crowell.com

Counsel for 

United Airlines, Inc. 

Arthur J. Molins

General Counsel North America

Lufthansa Group

1640 Hempstead Turnpike

East Meadow, New York 11554

(516) 296-9234

arthur.molins@dlh.de
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

--------------------------------------------------------------

Application and Notice of :

 :

SHUTTLE AMERICA CORP. : Docket DOT-OST-2014-_____

 :

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Lufthansa Codeshare) :

--------------------------------------------------------------

APPLICATION OF 

SHUTTLE AMERICA CORP. AND JOINT BLANKET CODESHARE NOTICE OF 

SHUTTLE AMERICA CORP. AND DEUTSCHE LUFTHANSA AG

Shuttle America[1] d/b/a United Express applies[2] for a blanket statement of authorization 

pursuant to Part 212 of the Department’s regulations to facilitate codeshare services with 

Lufthansa, which is a codeshare partner of United.[3] Specifically, Shuttle America requests

authorization to display Lufthansa’s “LH” designator code on flights it operates as a United 

Express carrier between points in the United States and between U.S. points and points in third 

countries. Shuttle America respectfully requests the Department’s prompt approval of this 

 

[1] Common names are used for airlines.

[2] United is filing this application on behalf and with the permission of Shuttle 

America.

[3] See Order 98-4-8 (undocketed) and Notice of Action Taken dated Oct. 21, 2009 in 

Docket DOT-OST-2009-0175. By Order 2011-3-14, the Department reissued authorities 

previously issued only to United or Continental in the name of “Continental Airlines, Inc. and/or 

United Air Lines, Inc.” By Order 2013-4-11, the Department reissued the United/Continental 

authorities on a blanket basis to reflect the completion of the United/Continental merger and 

integration process and United’s new corporate name of “United Airlines, Inc.” effective as of 

March 31, 2013.
Application and Joint Notice

Page 2

application so that the marketing and sale of these codeshare services can begin without 

delay.[4] 

In addition, pursuant to the Department’s Notice In the Matter of Blanket Notification of 

Codeshare Service to Open-Skies Partners and Points, dated February 9, 2009, Shuttle America,

together with Lufthansa, gives blanket notice of codeshare services displaying the “LH” 

designator code on flights operated by Shuttle America between all U.S. points and between U.S. 

points and points in any Open Skies country.[5] Codeshare services conducted pursuant to this 

notice will be limited to those consistent with the provisions of the U.S.-EU Open Skies 

Agreement, and other applicable Open Skies Agreements. Shuttle America and Lufthansa will 

provide the Department with 30-day notices for codeshare services to and from non-Open Skies 

countries.

In support of this Application, Shuttle America states as follows:

1. Lufthansa has agreed to the display of the “LH” designator code on flights 

operated by Shuttle America.

[6] A redacted copy of the agreement is attached hereto. 

2. Shuttle America is an air carrier holding certificates of public convenience and 

necessity and exemptions authorizing it to provide interstate and foreign scheduled air 

 

[4] To the extent necessary, Shuttle America requests a waiver of the 45-day advance 

filing requirement contained in 14 C.F.R. § 212.10(d)(2).

[5] Shuttle America will obtain any necessary authorizations prior to commencing 

codeshare service in any third country as a United Express carrier.

[6] Lufthansa is already authorized to codeshare with other United Express carriers 

subject to the Department’s statement of authorization requirement. See Department Action

dated Jan. 6, 2004 in Docket DOT-OST-2003-16724 (Lufthansa/SkyWest), Dec. 8, 2004 in 

DOT-OST-2004-17986 (Lufthansa/Mesa), and Nov. 3, 2005 in Docket DOT-OST-2005-22547 

(Lufthansa/GoJet). In addition, the “LH” designator code is also displayed on flights operated by

United Express carriers operating aircraft with fewer than 60 seats, which are exempt from the 

statement of authorization requirement. See 14 C.F.R. §§ 206.5, 212.1 and 298.11.
Application and Joint Notice

Page 3

transportation services.[7]It is also a participant in the United Express commuter program, 

operating codeshare services for United and displaying United’s designator code, as well as those 

of certain of United’s foreign codeshare partners. As such, United and Shuttle America, as a

United Express carrier, wish to make these codeshare services available to Lufthansa, thereby 

increasing the online service offerings between United’s North American network and 

Lufthansa’s Atlantic network.

3. The requested codeshare authorization is fully consistent with the U.S.-EU 

Open Skies Agreement and Department precedent in cases involving similar codeshare 

arrangements between U.S. and foreign air carriers.[8]Pursuant to the terms of such agreements, 

foreign carriers designated by their respective governments to serve the United States, such as 

Lufthansa, have been authorized to provide foreign air transportation (including codeshare 

services) between the United States and their respective home countries. Lufthansa already 

holds the requisite underlying economic authority necessary to engage in the codeshare services 

proposed by Shuttle America.

[9]

4. The requested codeshare authority is also consistent with the public interest 

because it will benefit the traveling and shipping public by providing online service between 

 

[7]

See, e.g., Orders 98-11-15, 2008-4-26 and 2009-3-16; and Notice of Action Taken 

dated Feb. 26, 2014 in Docket DOT-OST-2006-24218 (U.S.-Bahamas). Pursuant to Rule 24 of 

the Department’s Rules of Practice, Shuttle America requests that the Department take official 

notice of all information and data that have been filed to establish its fitness. 

[8]

See note 6, supra; see alsoDockets DOT-OST-2012-0125, DOT-OST-2012-0157 

and DOT-OST-2012-0161 (approval of similar code share arrangements between various United 

Express carriers and foreign carrier partners).

[9]

Lufthansa holds a foreign air carrier permit authorizing it to engage in scheduled 

and charter foreign air transportation pursuant to the U.S.-EU Open Skies Agreement. See Order 

2008-1-20.
Application and Joint Notice

Page 4

U.S. cities and points around the globe, via United’s domestic hubs and Lufthansa’s U.S. 

gateways.

5. Shuttle America agrees to accept the Department’s standard conditions and 

notice requirements imposed on codeshare arrangements. 

6. Shuttle America requests that the Department issue it a statement of 

authorization for an indefinite period, consistent with Department practice.

7. Shuttle America is not a CRAF participant, so issuance of the requested blanket 

statement of authorization will not affect the CRAF program.

WHEREFORE, Shuttle America respectfully requests that the Department promptly 

grant this application for a blanket statement of authorization, as described above, and such other 

relief as the Department may deem appropriate.

Respectfully submitted, 

/s/ Gerald F. Murphy

Gerald F. Murphy

Crowell & Moring LLP

Counsel for

 United Airlines, Inc.

Submitted on behalf of:

Scott Durgin

For SHUTTLE AMERICA CORP.

Vice President – Administration

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

Arthur J. Molins

General Counsel North America 

Deutsche Lufthansa AG

/s/ Arthur J. Molins