Application of WEST JET BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON,D.C.

Docket DOT-OST-2015- under 14 CFRPart 212 for a statement of authorization (blanket codesharing)

APPLICATION OF WEST JET FORA STATEMENT OFAUTHORIZATION

Communications with respectto this document should be sentto:

April 7, 2015 DON H. HAINBACH Garofalo Goerlich Hainbach PC 1200 New HampshireAvenueNW Washington, DC 20036 Phone: (202) 776-3970 dhainbach((i)ggh-airlaw.com Counsel for WestJet

Notice: Any person who wishes to support or oppose this application may file an answer on or before April22, 2015. However, WestJetrequests expedited treatment ofthis application. WestJet will poll the U.S. carrier representatives served with this application and notify the Department promptly ofthe results ofthe poll.Application of 

### WEST JET BEFORETHE U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON,D.C.

DocketDOT-OST-2015- under 14 CFRPart 212 for a statement of authorization (blanket codesharing)



### APPLICATION OFWESTJETFORASTATEMENTOFAUTHORIZATION

WestTet hereby applies for a statement ofauthorization pursuantto 14 CFRPart 212 tothe extent necessary to enable it to allow Westlet to display the KLM Royal Dutch Airlines, N.V. (KLM) KL* designator code on flights operated by WestTet from any point or points behind Canada, via any point or points in Canada, and via intermediate points to any point or points in the United States and beyond. Westlet intends to initiate codeshare service as soon as possible following receipt of all required government approvals, by listing the KLM KL

## * designator code on flights operated by WestTet between KLM's North American gateways: Calgary, Montreal, Toronto, Vancouver, New York, Los Angeles, Chicago, and San Francisco, on the one hand, and the U.S. and Canadian points listed in Attachment A,

on the other hand, and respectfully requests expedited approval ofthis application to enable KLM and Westletto begin marketing and sales activities without delay. 1 WestTet furthers requestthatthe statement ofauthorization be issued for an indefinite period. In support ofthis application, Westlet submitsthe following: 1. WestTet, a Canadian carrier, currently operates service to the United States pursuant to its foreign air carrier permit issued by the Department by Order 2012-6-6, in Docket DOT-OST-2001-11158. That foreign air carrierpermit authorizes WestJetto operate, interalia:

To the extentnecessary, WestJet respectfullyrequests a waiver ofthe advance filing requirements specified in Part212 ofthe Department's regulations.Scheduled foreign air transportation ofpersons, property, and mail from points behind Canada via Canada and intermediate points to a point or points in the United States and beyond 2. KLM, a carrier ofthe Kingdom ofthe Netherlands, currently operates serviceto the United States pursuant to its foreign air carrier permit issued by the Department by Order 2008-5-40, in Docket DOTOST-2007-0127. That foreign aircarrierpermit authorizes KLMto operate, interalia: Foreign scheduled and charter air transportation ofpersons, property, and mail from any point or points behind any Member State ofthe European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond. 3. WestJet and KLM have entered into a codeshare agreement, and WestJet is requesting blanket codeshare authorization for the transportation ofpersons, property and mail, pursuant to Part 212 ofthe Department's regulations, to allow WestJet to display the KLM KL

## * designator code on flights operated by WestJet from any point or points behind Canada, via any point or points in Canada, and via intermediate points to any point or points in the United States and beyond. KLM intends to market such codeshare services in accordance with its authority to conduct foreign air transportation of persons, property, and mail from any point or points behind any Member State ofthe European Union, via any point orpoints in any Member State and via intermediate points to any point orpoints inthe United States and beyond. KLM will not market its codeshare service to local passengers traveling solely between Canada and the United States. 4. The requested authority is consistent with the March 12, 2007 U.S.-Canada Air Transport Agreement, Article 11(6) ofwhich authorizes cooperative marketing arrangements including codesharing with third-country airlines. The requested authority is also consistent with the 2007 U.S.-EU Open Skies Agreement, Article 1 0 of which authorizes cooperative marketing arrangements including codesharing withthird-country airlines. 5. Blanket authorizations are in the public interest because they enable codeshare partners to develop the full range of services permitted under applicable air services agreements. The services contemplated by WestJet and KLM will provide a more efficient use ofcapacity in the marketplace and



### 2will help maximize the service options available to the traveling and shipping public. The requested authorization is also consistent with the Department's grant of blanket codesharing authority to other foreign carriers whose homeland governments have open skies relationships with the United States. See, e.g., Department Action on Application, Docket DOT-OST-2010-0248 (October 21, 2010) granting blanket codesharing statements ofauthorization to British Airways and Iberia; and DepartmentAction on Application, Docket DOT-OST-2011-0181 (October 3, 2011) granting blanket codesharing statements of authorizationto JAL and LAN Airlines S.A. 6. By submitting this application, WestJet hereby provides notice of its intent to display the KL* code on the routes described above. Consistent with standard practice, WestJet will notify the Department no later than 30 days before commencing any codeshare services to non-open skies points. Any notification regarding non-open skies points will inform the Department ofthe codeshare market(s) to be served and the date on which the service will begin. WestJet and KLM will conduct all oftheir codeshare operations in compliance with 14 CFR Part 257 and will accept the Department's standard codeshare conditions. ACCORDINGLY, WestJet submitsthat grant ofthe authority requested would be consistent with the public interest, and it respectfully requests that the Department grant it a statement ofauthorization to display the KLM KL

## * designator code on flights operated by WestJet from any point or points behind Canada, via any point or points in Canada, and via intermediatepointsto any point or points in the United States and beyond, and such other additional relief as the Department may deem appropriate. WestJet further requests that the requested authority be granted for an indefinite period, consistent with the Department'spractice.



# ~s?k_

3 Don H. Hainbach Counsel for WestJetNorth American Gateways: Calgary, AB (YYC) Montreal, QC (YUL) Toronto, ON (YYZ) Vancouver, BC (YVR) Chicago, IL (ORD) Los Angeles, CA (LAX) NewYork, NY (JFK) San Francisco, CA (SFO)

U.S. Points: Chicago, IL (ORD) Dallas/FortWorth, TX (DFW) FortLauderdale, FL (FLL) FortMyers, FL(RSW) Honolulu, HI (HNL) Houston, TX (IAH) Kahului, HI (OGG) Kauai Island, HI (LIH) Kona, HI (KOA) Las Vegas, NV (LAS) Los Angeles, CA (LAX) Myrtle Beach, SC (MYR) NewYork, NY (JFK) NewYork, NY (LGA) Orlando, FL (MCO) Palm Springs, CA (PSP) Phoenix, AZ (PHX) San Diego, CA (SAN) San Francisco, CA (SFO) SantaAna, CA (SNA) Tampa, FL (TPA) ATTACHMENT A

CODESHARE POINTSCERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document by email on the following persons:

April 7, 2015 David Heffernan (AlaskaAirlines) Howard Kass (American) Robert Wirick (American) John Richardson (Amerijet International) Joan Canny (Amerijet International) Gerald F. Murphy (ExpressJet/ SkyWest) Kevin Montgomery (Polar) Russell Pommer(Atlas Air) ChrisWalker (Delta) Alexander VanderBellen (Delta) Nancy Sparks (FedEx) Courtney Felts (FedEx) Bailey Leopard (FedEx) Jonathan Hill (Hawaiian/JetBlue) ParkerErkmann (Hawaiian!JetBlue) MarkAtwood (Kalitta) Joanne Young (Spirit) Dan Weiss (United) Steve Morrissey (United) AnitaMosner (UPS) JenniferNowak (UPS) Robert Finamore (DOT) John Duncan (FAA) Stephen Cristina(State Department) dheffernan(ivcozen.com Howard.kass({vaa.com robert.wirick(ivaa.com**ffich~rdson(£.Vjohnlrichardson.com jcannvr{i~amerijet** .com gmurphvrti)crowell.com kevin.montgomery(u}polaraircargo.com rpommerw!atlasair.com chris.walkedlvdelta.com sascha.vanderbellenr(vdelta.com nssparks((iJfedex.com**~cfelts(a}fedex.com** gbleopard((/!tedex.com jhjIlr{i)cooley.com**perkmann(~L:cooley**.com matwood(a)cozen.com jyoungr{ilykIaw.com dan.weisscwunited.com steve.morrisseyr(iJunited.com Anita.mosner(dihklaw.com jennifer.nowakriilhklaw·.com**robert.finatnore~ildot.gov john.s.duncanr~[Jfaa.gov**  cristinasa(£lstate.gov