BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Application and Notice of :

 :

REPUBLIC AIRLINE INC. : Docket DOT-OST-2012-_____

 :

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Asiana and Copa Code Share) :

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

APPLICATION OF REPUBLIC AIRLINE INC. FOR A STATEMENT 

OF AUTHORIZATION AND JOINT BLANKET CODE SHARE NOTICE

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 AIR LINES, INC.

77 West Wacker Drive-HDQIZ

10th Floor HDQIZ

Chicago, IL 60601

(312) 997-7573

hershel.kamen@united.com

dan.weiss@united.com

Steve Morrissey

Managing Director–Regulatory Affairs

 and Policy

UNITED AIR LINES, INC.

1225 New York Avenue, NW

Suite 1100-DCAIZ

Washington, DC 20005

(202) 521-4400

steve.morrissey@united.com

Thomas Newton Bolling

Vice President and Deputy General Counsel

Jonathan T. Linde

Managing Director & Senior Counsel-

 Regulatory 

UNITED AIR LINES, INC.

77 West Wacker Drive

16th Floor HDQLD

Chicago, IL 60601

(312) 997-8068

thomas.bolling@united.com

jonathan.linde@united.com

Ethan J. Blank

Vice President and General Counsel

REPUBLIC AIRLINE INC. 

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

(317) 471-2655

ethan.blank@rjet.com
November 7, 2012

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Boulevard, Suite 300

Bethesda, MD 20817-7500

(202) 747-5212

john@mietuslaw.com

Counsel for Copa

Gregory S. Walden

Patton Boggs LLP

2550 M Street, NW

Washington, DC 20037-1350

(202) 457-6135

gwalden@pattonboggs.com

Counsel for Asiana Airlines, Inc.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Application and Notice of :

 :

REPUBLIC AIRLINE INC. : Docket DOT-OST-2012-____

 :

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Asiana and Copa Code Share) :

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

APPLICATION OF REPUBLIC AIRLINE INC. FOR STATEMENTS

OF AUTHORIZATION AND JOINT BLANKET CODE SHARE NOTICE

Republic1d/b/a United Express applies for blanket statements of authorization pursuant 

to Part 212 of the Department’s regulations2to facilitate code share services with Asiana and 

Copa, both of which are code share partners of United and other United Express carriers.

3

 

Specifically, Republic requests authorization to display the designator codes of Asiana and Copa

on flights it operates as United Express between points in the United States and between U.S. 

points and points in third countries. The carriers intend to begin code share services as soon as 

all regulatory approvals are obtained. 

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

Code share Service to Open-Skies Partners and Points, dated February 9, 2009, Republic, 

together with Asiana and Copa, gives blanket notice of code share services displaying Asiana 

 

1 Common names are used for airlines.

2 United is filing this application on behalf of and with the permission of Republic.

3

See, Department Action dated December 19, 2002 in docket DOT-OST-2002-13320 and Order 2011-3-

14 (United/Asiana), Department Action dated June 5, 2003 (Asiana/SkyWest) and September 23, 2009 

(Asiana/GoJet-Mesa-Shuttle America). See also, Statement of Authorization dated July 9, 1998 

(undocketed) approving the Continental/Copa code share. The latter was extended to United by Order 

2011-3-14 and undocketed amendment issued June 15, 2012 and to other United Express carriers by 

Department Action dated July 26, 2012 in Docket OST-2012-0125.
Application and Notice of Republic

Page 2

and Copa’s designator codes on flights operated by Republic between all U.S. points and 

between U.S. points and points in any Open Skies country.4 Code share services conducted 

pursuant to this notice will be limited to those consistent with the provisions of the U.S.-

Republic of Korea and U.S.-Panama Open Skies Agreements, as well as other applicable Open 

Skies Agreements. Republic and the applicable foreign carrier will provide the Department with 

30-day notices for code share services to and from non-Open Skies countries.

In support of this Application, Republic states the following:

1. Republic has executed letter agreements with Asiana and Copa, under which it

will carry the designator codes of these carriers on certain United Express flights that Republic 

operates. Redacted copies of these letter agreements are attached. 

2. Republic is an air carrier holding a certificate of public convenience and necessity 

and exemptions authorizing it to operate scheduled air services in the United States and foreign 

markets.5 It is also a new participant in the United Express commuter program, operating code 

share services for United and displaying United’s designator code. As such, United and 

Republic wish to make these services available for code share purposes to Asiana and Copa, 

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

home networks of Asiana and Copa.

3. The requested code share authority is fully consistent with the U.S.-Republic of 

Korea and U.S.-Panama Open Skies Agreement, as well as Department precedent in cases 

involving similar code share arrangements between U.S. and foreign air carriers.6 Pursuant to 

 

4 To the extent necessary, Republic will obtain any necessary authorizations prior to commencing service 

in any third country on behalf of United Express.

5

See Order 2009-9-13 (Interstate Certificate) and 2008-4-26 (Open Skies Certificate). 

6

See, Dockets DOT-OST-2011-0004 (Republic/Lufthansa) and -2010-0013 (Republic/TAP). See also 

Dockets DOT-OST-2012-0125 (COPA/GoJet-Mesa-Shuttle America-SkyWest), -2012-0139 

(Avianca/GoJet-Mesa-Shuttle America-SkyWest), -2012-0149 (Swiss/GoJet and Shuttle America), 
Application and Notice of Republic

Page 3

the terms of such agreements, foreign carriers designated to serve the United States, such as 

Asiana and Copa, are authorized to provide foreign air transportation (including code share 

services) between the United States and their respective home countries. Asiana and Copa each 

already hold the requisite underlying economic authority for purposes of holding out the code 

share services proposed herein.7 

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

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

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

Asiana and Copa. 

5. Republic will accept and abide by the Department’s standard conditions and 

notice requirements imposed on code share arrangements. 

6. Republic requests that the Department issue the statements of authorization 

applied for herein for an indefinite period, consistent with Department practice.

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

statements of authorization will not affect the CRAF program.

For the foregoing reasons, Republic urges the Department to approve this application and

grant it the blanket statements of authorization as described above for an indefinite period and 

 

-2012-0157 (Avianca and TACA/Republic), and -2012-0161 (Air Canada and SAS/Republic) in which 

the Department approved similar code share arrangements between various United Express operators and 

foreign carrier partners, among others. 

7

See, Orders 2000-11-10 (Asiana Open Skies permit) and 1998-3-16 (Pursuant to the automatic extension 

provisions of 5 U.S.C. §558(c), COPA’s exemption authority remains in effect pending final DOT action 

on its January 3, 2000 renewal application in Docket DOT-OST-1997-2675).
Application and Notice of Republic

Page 4

any other relief as the Department considers consistent with this application and the public 

interest. 

Respectfully submitted,

Dan Weiss

Managing Director – International Affairs 

 and Regulatory 

 UNITED AIR LINES, INC.

Submitted on behalf of:

Ethan J. Blank

For REPUBLIC AIRLINE INC. 

Vice President and General Counsel

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

Gregory S. Walden

Counsel for Asiana Airlines, Inc.

John R. Mietus, Jr.

Counsel for Copa
CERTIFICATE OF SERVICE

I hereby certify that I have this date served a copy of the foregoing document on all 

persons named below by causing a copy to be sent via email: 

msinick@ssd.com (Alaska)

francis.heil@aa.com

robert.wirick@aa.com

rsilverberg@sgbdc.com (ABX/Air Transport Intl.)

jrichardson@johnlrichardson.com (Amerijet)

jcanny@amerijet.com

stephen.lachter@lachterlaw.com (ASTAR)

rpommer@atlasair.com

sascha.vanderbellen@delta.com

charters@evergreenairlines.com (Evergreen)

cefelts@fedex.com

anbird@fedex.com

nssparks@fedex.com

robert.cohn@hoganlovells.com (Frontier)

patrick.rizzi@hoganlovells.com

jhill@dowlohnes.com (Hawaiian/JetBlue)

matwood@cozen.com (Kalitta)

kevin.montgomery@polaraircargo.com

bob.kneisley@wnco.com (AirTran/Southwest)

leslie.abbott@wnco.com (AirTran/Southwest)

dkirstein@yklaw.com (Spirit)

jyoung@yklaw.com (Spirit)

john.fredericksen@suncountry.com

anita.mosner@hklaw.com (UPS)

jennifer.nowak@hklaw.com

howard.kass@usairways.com

jegillick@zsrlaw.com (Virgin America)

john.varley@virginamerica.com

mlbenge@zsrlaw.com (World)

william.stallings@usdoj.gov

dwight.moore@ustranscom.mil

john.allen@faa.gov

November 7, 2012

 Annalei Avanceña 

 International Regulatory Advisor

 United Air Lines, Inc.