BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Joint Application and Notice of :

 :

GOJET AIRLINES LLC : Docket DOT-OST-2014-_____

MESA AIRLINES, INC. :

SHUTTLE AMERICA CORP. :

SKYWEST AIRLINES, INC. :

 :

for Statements of Authorization pursuant to :

14 C.F.R. Part 212 (Brussels Airlines Code Share) :

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

JOINT APPLICATION OF GOJET, MESA, SHUTTLE AMERICA

AND SKYWEST FOR STATEMENTS 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 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

UNITED AIRLINES, INC.

233 South Wacker Drive

11th Floor – HDQLD

Chicago, IL 60606

(872) 825-8068

thomas.bolling@united.com

Douglas P. Kelley

Senior Counsel-Regulatory, Antitrust &

 Competition

UNITED AIRLINES, INC.

1600 Smith Street

HQSLG-15

Houston, TX 77002

(713) 324-5156

doug.kelley@united.com

March 18, 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. 

Evelyn D. Sahr

ECKERT SEAMANS CHERIN & MELLOTT, LLC

1717 Pennsylvania Avenue, NW

12th Floor

Washington, DC 20006

(202) 659-6622

esahr@eckertseamans.com

Counsel for 

Brussels Airlines NV/SA
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Joint Application and Notice of :

 :

GOJET AIRLINES LLC : Docket DOT-OST-2014-_____

MESA AIRLINES, INC. :

SHUTTLE AMERICA CORP. :

SKYWEST AIRLINES, INC. :

 :

for Statements of Authorization pursuant to :

14 C.F.R. Part 212 (Brussels Airlines Code Share) :

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

JOINT APPLICATION OF GOJET, MESA, SHUTTLE AMERICA

AND SKYWEST FOR STATEMENTS OF AUTHORIZATION

AND JOINT BLANKET CODE SHARE NOTICE

GoJet, Mesa, Shuttle America, and SkyWest1d/b/a United Express (collectively, “Joint 

Applicants”) jointly apply2for blanket statements of authorization pursuant to Part 212 of the 

Department’s regulations to facilitate codeshare services with Brussels Airlines, which is a 

codeshare partner of United.3 Specifically, the Joint Applicants request authorization to display 

Brussels Airlines’ “SN” designator code on flights operated by them as United Express carriers 

between points in the United States and between U.S. points and points in third countries. The 

 

1 Common names are used for airlines.

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

Applicants.

3

See Notice of Action Taken dated March 2, 2010 in Docket DOT-OST-2010-

0024.
Joint Application and Notice

Page 2

Joint Applicants respectfully request the Department’s prompt approval of this 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, the Joint 

Applicants together with Brussels Airlines, give blanket notice of codeshare services displaying 

the “SN” designator code on flights operated by the Joint Applicants 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. The Joint Applicants and 

Brussels Airlines will provide the Department with 30-day notices for codeshare services to and 

from non-Open Skies countries.

In support of this Application, the Joint Applicants state as follows:

1. Brussels Airlines has agreed to the display of the “SN” designator code on flights 

operated by the Joint Applicants.6 Redacted copies of the agreements are attached hereto. 

2. The Joint Applicants are air carriers holding certificates of public convenience 

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

 

4

To the extent necessary, the Joint Applicants request waiver of the 45-day 

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

5

The Joint Applicants will, to the extent necessary, obtain any necessary 

authorizations prior to commencing service in any third country on behalf of United Express.

6

Pursuant to this agreement, the “SN” designator code will also be displayed on 

flights operated by United Express carriers operating aircraft with fewer than 60 seats. These 

carriers are excluded from this application since Department regulations exempt such operations 

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

Page 3

transportation services.7 They are also participants 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 its United Express 

carriers wish to make these codeshare services available to Brussels Airlines, thereby increasing 

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

Atlantic network.

3. The requested codeshare authorizations are 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 

Brussels Airlines, have been authorized to provide foreign air transportation (including 

codeshare services) between the United States and their respective home countries. Brussels 

Airlines already holds the requisite underlying economic authority necessary to engage in the 

codeshare services proposed by the Joint Applicants.

9

 

7

See, e.g., Order 2011-12-18 and Notice of Action Taken dated Dec. 9, 2011 in 

Docket DOT-OST-2009-0348 (GoJet); Orders 1998-7-6 and 2008-4-26 (Mesa); Orders 2009-9-

13 and 2008-4-26 (Republic); Orders 1998-11-15, 2008-4-26 and 2009-3-16 (Shuttle America); 

and Orders 1998-7-6 and 2008-4-26 (SkyWest). Pursuant to Rule 24 of the Department’s Rules 

of Practice, the Joint Applicants request that the Department take official notice of all 

information and data that have been filed to establish their fitness.

8

See, e.g., Dockets DOT-OST-2012-0125, DOT-OST-2012-0157 and DOT-OST2012-0161 in which the Department approved similar code share arrangements between various 

United Express operators and foreign carrier partners.

9 Brussels Airlines 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 2010-3-11.
Joint Application and Notice

Page 4

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 

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

gateways.

5. Each of the Joint Applicants agrees to accept the Department’s standard 

conditions and notice requirements imposed on codeshare arrangements.

6. The Joint Applicants request that the Department issue statements of authorization 

for an indefinite period, consistent with Department practice.

7. The Joint Applicants are not CRAF participants, so issuance of the requested 

blanket statements of authorization will not affect the CRAF program.

WHEREFORE, the Joint Applicants respectfully request that the Department promptly 

grant their application for blanket statements of authorization, as described above, and such other 

relief as the Department may deem appropriate.

Respectfully submitted,

ECKERT SEAMANS CHERIN & MELLOTT, LLC

/s/ Evelyn D. Sahr

____________________________________

Evelyn D. Sahr

Counsel for

BRUSSELS AIRLINES NV/SA

CROWELL & MORING LLP

/s/ Gerald F. Murphy

____________________________________

Gerald F. Murphy

Counsel for

UNITED AIRLINES, INC.

Submitted on behalf of:

David J. A. Hayes III, Esq.

For GOJET AIRLINES LLC

Trans States Holdings, Inc.

11495 Navaid Road

St. Louis, MO 63044
Joint Application and Notice

Page 5

Brian Gillman

For MESA AIRLINES, INC.

Executive Vice President

 and General Counsel

410 N. 44th Street, Suite 700

Phoenix, AZ 85008

Scott Durgin

For SHUTTLE AMERICA CORP

Vice President – Administration

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

Todd C. Emerson

For SKYWEST AIRLINES, INC.

Director–Government and Legal Affairs

444 South River Road

St. George, UT 84790

March 18, 2014