UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation on February 1, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0010

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 AERIENNES SKY REGIONAL INC. (Sky Regional)

Date Filed: January 14, 2013 

Relief requested:

Statement of authorization under 14 CFR Part 212 for an indefinite period to operate U.S.-Canada transborder services on 

behalf of Air Canada.

1

 The applicant states that the services will be operated under the Air Canada Express trade name 

and marketed 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 requests a waiver of the 45-day advance filing requirement under 14 CFR Part 212. 

Applicant representative: Don H. Hainbach, 202-776-3970

DOT analyst: Darren Jaffe, 202-366-2512

Responsive pleadings: None.

DISPOSITION

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

Action date: February 1, 2013

Effective dates of authority granted: The statements of authorization granted to Sky Regional are effective February 1, 

2013, and will remain in effect for an indefinite duration, subject to conditions.

Our action granting a waiver of the 45-day advance filing requirement under 14 CFR Part 212 is effective February 1, 

2013. 

Basis for approval (bilateral agreement/reciprocity): United States-Canada Air Transport Agreement.

Special conditions/Remarks: The applicant informally requested that the Department defer action on the 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 existing 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 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:

http://www.regulations.gov
APPENDIX A

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

(a) The statements 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 code-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 operating 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 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; 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)