**BEFORE THE DEPARTMENT OF TRANSPORTATION** 

**WASHINGTON, D.C.**

_________________________________________ ) ) Application of ) ) GOJET AIRLINES , LLC ) Docket DOT

- OST

- 2009

- 0348 ) for renewal of exemption pursuant to ) 49 U.S.C. 40109 (US

– Canada) ) )

_________________________________________ )

**APPLICATION OF** **GOJET AIRLINES ,**  **LLC FOR RENEWAL**  **OF EXEMPTION** 
Communications with respect to this document should be sent to: Lisa A. Harig McBreen & Kopko 1501 Lee Highway, Suite 180 Arlington, VA 22209 Phone (703) 247 5487 Fax (703) 852 3490 LHarig@mklawdc.com Counsel for GoJet Airlines , LLC Dated: December 9, 2011 **Notice:** An y person may respond to this application by filing an answer in the above referenced docket and serving a copy thereof on each person named on the attached service list. Answers are due not later than December 2 7 , 2011. Counse l for GoJet Airlines , LL C will poll the carriers on the attached service list and will notify the Department of an y objections._________________________________________ ) ) Application of ) ) GOJET AIRLINES , LLC ) Docket DOT

- OST

- 2009

- 0348 ) for renewal of exemption pursuant to ) 49 U.S.C. 40109 (US

– Canada) ) )

_________________________________________ ) **Dated: December 9, 2011**

**APPLICATION OF** **GOJET AIRLINES ,**  **LLC FOR RENEWAL**  **OF EXEMPTION**  Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of Practice (14 C.F.R. Part 302), GoJet Airlines , LLC d/b/a United Express 1 (“GoJet”) hereby applies for a renewal of its exemption from 49 U.S.C. § 41101 to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Canada , which was granted on January 5, 2010
. GoJet requests that this exemption be renewed for a minimum period of two years. Due to the fact that the exemption is scheduled to expire on January 5, 2012 and any

interruption in service to Canada would result in a significant disruption to the traveling public, GoJet requests that this application be granted as expeditiously

as pos sible. In support of this Application, GoJet respectfully submits as follows: 1. GoJet currently

holds an exemption to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and points in Canada. The Department initially granted GoJet this authority for a two year period by

1 GoJet has filed an Application for Amended Authority with the Department requesting, among other things, authority to operate under the “Delta Connection” nam e. This Application is pending. See Docket OST

- 2011

- 0193.Notice of Action Taken o n January 5, 2010 . GoJet’s exemption authority is set to expire on January 5, 2012. By

this application, GoJet requests that this exemptio n be renewed for a minimum period of two years. 2
. GoJet continues to be fit, willing and able to provide the air transportation at issue here. GoJet is a citizen of the United States in the definition of 49 U.S.C. §40102(a)(15), and is owned and controlled by

U.S. citizens. GoJet holds a certificate of public convenience and necessit y authorizing it to conduct interstate air transportation of persons, property and mail. See Order 2005

- 9

- 20. 3
. GoJet is currently utilizing the authority

at issue to provide foreign scheduled air transportation of persons, property and mail in the U.S.

- Canada market . T he exemption has not previously

been superseded or rescinded

. 4
. I ssuance of the requested renewal of exemption to GoJet to authorize it to engage in foreign scheduled transportation of persons, property , and mail between the United States and Canada is fully

consistent with the public interest. The Air Transport Agreement between the United States and Canada signed On March 12, 2007 provides for unlimited entry for air carriers of either nation. Finally , the traveling public has demonstrated its strong approval of the efficient regional jet aircraft services offered b y m ajor carriers under air service agreements with affiliated and non

- affiliated regional carriers, similar to the agreement between GoJet and United Air L ines

. 5
. A grant of GoJet’s application would not constitute a “major regulatory action” under 14 C.F.R. Part 313. Specificall y, grant of GoJet’s application will not result in a near - term increase in fuel consumption of ten million gallons or more. Thus, a grant of GoJet’s application will not constitute a “major regulatory action” within the meaning of Section 102(2)(c) of theNational Environmental Policy Act as implemented by 14 C.F.R. § 313.4. As a result, GoJet is not required to submit additional information about energy consumption and energy efficiency consequences of this application. WHEREFORE, GoJet Airlines , LLC respectfully requests that the Department grant this

r enewal request or such other further relief as the Department determines to be appropriate and consistent with the public interest. Respectfully submitted,

_____________________________ Lisa A. Harig Counsel for GoJet Airlines , LLCI hereb y certify that on this 9 th day

of December 2011, a copy of the attached Application of GoJet Airlines LLC for Renewal of Exemption was served on the following persons: American carl.nelson@aa.com World Airway s mcmillin@woa.com NACA rpriddy@naca.cc ; pdoell@naca.cc Alaska msinick@ssd.co m Horizon cargoair@aol.com Evergreen esauer@ssd.com Delta sascha.vanderbellen@delta.com UPS anita.mosner@hklaw.com United/Continental dan.weiss@united.com ; steve.morrissey @united.com USAirway s howard_kass@usairway s.com Sky west lhalloway @crowell.com ; gmurph y@ crowell.com Southern Air jjackson@crowell.com ; gmurph y@crowell.com Arrow Air Idwasko@erols.com Federal Express anbird@fedex.com ; dshort@fedex.com Atlas Air rpommer@atlasair.com Polar kevin.montgomery@polaraircargo.com Spirit jyoung@y

klaw. com Midwest/Frontier Patrick.rizzi@hoganlovells.com ; jonathan.echmalian@hoganlovells.com Trans States lhari g@mklawdc.com Compass lharig@mklawdc.com Air Wisconsin, Hawaiian jhill@dowlohnes.com Amerijet jrichardson@johnlrichardson.com Astar Air Cargo Stephen.lachter@lachterlaw.com Casino Express matwood@cozen.com Allegiant ageorlich@ggh

- airlaw.com DOT brett.kruger@dot.gov ; esta.rosenberg@dot.gov Dated: December 9, 2011

/s/ L eslie E. Cavender

_________________________________ Leslie E. Cavender