### U.S. Department of Transportation Office ofthe Secretary ofTransportation



### DEPARTMENT ACTION ON APPLICATION IN DOCKETDOT-OST-2015-0081 (filed April&, 2015)


### Application ofWestJetEncoreLtd. for a statement ofauthorization under 14 CFRPart 212

to permitWestJetEncore to display the designator code ofWestJet's to display the (DL*) airline designator code ofDelta AirLines (Delta) on any and all flights operated byWestJet Encore for WestJetundertheWS* code either now or inthe future (1) between Canada and the United States, (2) between points in Canada; and (3) between Canada and points in third

countries. The applicant also requests a waiver ofthe 45-day advance filing requirement under 14 CFRPart 212. 1


### Approved under assigned authority (14 CFR § 385.13).

Date ofAction: May 20, 2015

This action is subject to the conditions attached. Persons entitled to petition the Department for review ofthis action under the Department's regulations, 14 CFR § 385.30, should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at: 

### http:///www.regulations.gov

1 The Department is acting on the applicant's request priorto the expiration ofthe 45-day advance filing requirement with the consent ofall parties served.The code-share operations authorized here are subject to the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) WestJetEncore and Delta continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement providing for the code-share operations remains in effect. (b) WestJet Encore and/orDeltamust promptly notify the Department ifthe code-share agreement providing for the code-share operations is no longer effective orthe carriers decide to cease operating any or all ofthe approved code-share services. Such notice should be filed in Docket DOT-OST-2015-0081. 1 (c) WestJet Encore and/or Deltamust notify the Department no later than 30 days before they begin any new code-share service under the code-share services authorized here. Such notice shall identify the market(s) to be served and the date on which the services will begin. Such notices shall be filed in Docket DOT-OST2015-0081.2 (d) The code-sharing operations conducted under this authority must comply with 14 CFR257 and with any amendments to the Department's regulations concerning code-share arrangements that may be adopted. Notwithstanding any provisions inthe contract betweenthe carriers, our approval here is expressly conditioned upon the requirements that the subject foreign airtransportation be sold in the name ofthe carrierholding out such service in computerreservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety ofthe code-share journey for all obligations established in its contract ofcarriage with the passenger; and that the passenger liability ofthe operating carrier be unaffected. (e) The authority granted here is specifically conditioned so that neither WestJetEncore nor Delta shall give any force oreffect to any contractual provisions between themselves that are contrary to these conditions. (f) We may amend, modify, orrevoke the authority granted at any time withouthearing at our discretion.

1We expect this notification to bereceived within ten (10) days after such non-effectiveness or ofsuch decision. 2 See Attachment A for initial code-share markets.CODESHARE POINTS North American Gateways: Montreal, QC (YUL) Toronto, ON (YYZ) Vancouver, BC (YVR)

U.S. Points Chicago, IL (ORD) Dallas/FortWorth, TX (DFW) Fart Lauderdale, FL (FLL) FortMyers, FL (RSW) Honolulu, HI (HNL) Kahului, ill (OGG) Kauai Island, HI (LIH) Kana, ill(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) SanDiego, CA (SAN) San Francisco, CA (SFO) Santa Ana, CA (SNA) Tampa, FL (TPA) ATTACHMENT A