UN I TE D S TATE S O F A M ER I CA

DE P ART M EN T O F TRAN SP O RTAT I O N

O F F I C E O F T H E S ECRETAR Y

W A S H I NGT O N
, D

. C.

I ssued by t he D epa r t m ent o f T r a nsp o rt a t i on on February 1 , 2013

N O T I C E O F ACT I O N TA K E N

- - D O C K E T D O T

- O S T

- 2 0 13

- 0010

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).

Applicant: SKY REGIONAL AIRLINES INC./LIGNES A E RIENNES SKY REGIONAL INC. (Sky Regional)

Date Filed: January 14 , 2013

Relief requested:

S tatement of authorization under 14 CFR Part 212 for an indefinite period to operate U .S.

- C anada transborder service s on behalf of Air Canada

. 1 The applicant states that the services will be operated under the Air Canada Express trade name and market ed by Air Canada under its (AC*) designator code. 2 Sky Regional also requests statements of authorization under 14 CFR part 212 to display the designator codes of Air Canada’s existing code

- share partners

. 3

The applicant also request s a waiver of the 45

- day advance filing requirement under 14 CF R Part 212.

Applicant representative: Don H. Hainbach , 202

- 776

- 3970

D OT analyst: Darren Jaffe, 202

- 366

- 2512

Responsive pleadings: None.

D IS POSITIO N

Action: Approved in part (subject to conditions), remainder deferred (see r emarks below)

Action date: February 1 , 2013

Effective dates of authority granted: The statement s of authorization granted to Sky Regional are effective February 1

, 2013

, and will remain in effect for an indefinite duration , subject to conditions

.

O ur action granting a waiver of the 45

- day advance filing requirement under 14 CFR Part 212 is effective February 1

, 201 3

.

Basis for approval (bilateral agreement/reciprocity ): United States

- Canada Air Transport Agreement

.

Special conditions/Remarks: The applicant informally requested that the D epartment defer action on th e portion of its

request to display the United designator code until such time that the code

- share safety audit required under the Department’s Code

- Share Safety Audit Program is completed

. Accordingly , we are granting the remainder of the applicant’s request and will defer action the United code

- share portion until a code

- share safety audit of Sky Regional has

been conducted and the FAA has advised us that it has reviewed the relevant audit report and found it to be acceptable.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of the code

- share conditions attached as Appendix A.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

1 See Appendix B for initial routes that Sky Regional will operate for Air Canada.

2 By letter dated May 12, 2011, the Department granted Sky Regional’s request to register the “Air Canada Express” trade name.

3 Air Canada’s e xisting code

- share partners include: United Air Lines, Inc. (United) ; Deutsche Lufthansa AG ; TACA International Airlines, S

. A

. ; Lineas Aereas Costarricenses S.A. ; All Nippon Airways Co., Ltd. ; Air New Zealand Limited ; Asiana Airlines , Inc. ; South African Airways (Pty) Limited ; Scandinavian Airlines System; Singapore Airlines Limited ; TAP Air Portugal.To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may amend, modify, or revok e the authority granted in this Notice at any time without hearing at our discretion. Persons entitled to petition the Department f or review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions w ithin 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 elect ro n ic v e r s i o n o f t h i s do c u m e n t is a v aila b le o n t h e W or ld W i d e W eb at:
h tt

p: // www

. r e gu l a ti on s .govAPPENDIX A



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

(a) The statement s of authorization will remain in effect only as long as Sky Regional , Air Canada, and Air

Canada’s code

- share partners continue to hold the underlying authority to operate the code

- share services at issue, and the code

- share agreement providing for the cod e

- share operations remains in effect.

(b) Sky Regional, Air Canada, and/or Air Canada’ s code

- share partners, as appropriate, must promptly notify the Department if the code

- share agreement is no longer effective or if the carriers decide to cease operatin g all or a portion of the approved code

- share services. 4 

### (Such notice should be filed in Docket OST

- 2013

- 0010.)

(c) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulati ons 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 na me 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

obli gations established in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected

.

(d) The authority granted here is specifically conditioned so that Sky Regional nor Air Canada or its

code

- share partners 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.

4 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.APPENDIX B



### INITIAL CODE

- SHARE ROUTES

Toronto

- Boston

Toronto

- Chicago

Toronto

- Dallas

Toronto

- New York (EWR )

Toronto

- New York (LGA)

Toronto

- Philadelphia

Toronto

- Washington (DCA)

Montreal

- Chicago

Montreal

- New York (LGA)