BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Joint Application of :

 :

GOJET AIRLINES LLC : Docket DOT-OST-2012-xxxx

MESA AIRLINES, INC. :

SHUTTLE AMERICA CORP. :

SKYWEST AIRLINES, INC. :

 :

for Statements of Authorization pursuant to :

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

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

JOINT APPLICATION OF GOJET, MESA, SHUTTLE AMERICA 

AND SKYWEST FOR STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be sent to:

Hershel I. Kamen

Senior Vice President–Alliances,

 Regulatory and Policy

Steve Morrissey

Managing Director–Regulatory Affairs

 and Policy

UNITED AIR LINES, INC.

1225 New York Avenue, NW

Suite 1100-DCAIZ

Washington, DC 20005

(202) 521-4400

hershel.kamen@united.com

steve.morrissey@united.com

Daniel A. Weiss

Managing Director-International

 Affairs and Regulatory

UNITED AIR LINES, INC.

77 West Wacker Drive-HDQIZ

Chicago, IL 60601

(312) 997-7573

dan.weiss@united.com

August 14, 2012

 

Thomas Newton Bolling

Vice President and Deputy General Counsel

Jonathan T. Linde

Managing Director & Senior CounselRegulatory 

UNITED AIR LINES, INC.

77 West Wacker Drive

16th Floor HDQLD

Chicago, IL 60601

(312) 997-8068

thomas.bolling@united.com

jonathan.linde@united.com

 

NOTICE: The Joint Applicants request expedited treatment of this application. United, in filing this 

application on their behalf, will poll U.S. carrier representatives and advise the Department of the results.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Joint Application of :

 :

GOJET AIRLINES LLC : Docket DOT-OST-2012-xxxx

MESA AIRLINES, INC. :

SHUTTLE AMERICA CORP. :

SKYWEST AIRLINES, INC. :

 :

for Statements of Authorization pursuant to :

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

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

JOINT APPLICATION OF GOJET, MESA, SHUTTLE AMERICA 

AND SKYWEST FOR STATEMENT OF AUTHORIZATION 

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

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

Department’s regulations to facilitate code share services with Avianca, which is a code share

partner of United.2 Specifically, the Joint Applicants request authorization to display Avianca’s 

“AV” 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 in accordance with the 

2011 Air Transport Agreement between the United States and Colombia (the “Open Skies 

Agreement”). 3 Attached as Appendix A is a list of initial markets in which the carriers intend to 

code share as soon as all regulatory approvals are obtained. The Joint Applicants respectfully 

request the Department’s prompt approval of this application so that the marketing and sale of 

 

1 Common names are used for airlines.

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

3

See Sections 1 (Route Schedule) and 3 (Cooperative Marketing Arrangements) of the Annex to the Open 

Skies Agreement, which contemplates a brief transition period and will be fully implemented at the end of 
Joint Application of GoJet, Mesa, Shuttle America and SkyWest

Page 2

these code share services can begin without delay. In order to expedite approval of this 

application, United will poll carrier representatives on behalf of the Joint Applicants and Avianca 

and advise the Department of the results. 

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

1. The Joint Applicants entered into code share arrangements with Avianca, each of

which provides for their operation of certain United Express flights to carry the “AV” designator 

code. Redacted copies of these code share agreements are attached hereto. 

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

and necessity and exemptions authorizing them to operate scheduled air services in the United 

States and foreign markets.4 They are also participants in the United Express commuter 

program, operating code share services for United and displaying United’s designator code, as 

well as those of certain of United’s foreign code share partners. As such, United and its United 

Express carriers wish to make these services available for code share purposes to Avianca, 

thereby increasing the online service offerings between United’s North American network and 

Avianca’s Latin America network.

3. The requested code share authorizations are fully consistent with the Open Skies 

Agreement, which contemplates a brief transition period and will be fully implemented at the 

end of this year. In addition, the requested authorities are consistent with Department precedent

in cases involving similar code share arrangements between U.S. and foreign air carriers.5 

 

2012. In accordance with Article 18, the Open Skies Agreement became provisionally effective upon 

exchange of notes on August 26, 2011. 

4

See, for example, Order 2011-12-18 and Notice of Action Taken dated December 9, 2011 in Docket 

DOT-OST-2009-0348 (GoJet); Orders 1998-11-15, 2008-4-26 and 2009-3-16 (Shuttle America); Orders 

1998-7-6 and 2008-4-26 (Mesa); and Orders 1998-7-6 and 2008-4-26 (SkyWest). 

5

See, Dockets DOT-OST-2012-0125, DOT-OST-2008-0068 and DOT-OST-2007-29353 in which the 

Department approved similar code share arrangements between various United Express operators and 

foreign carrier partners, among others. 
Joint Application of GoJet, Mesa, Shuttle America and SkyWest

Page 3

Pursuant to the terms of such agreements, foreign carriers designated by their respective 

governments to serve the United States, such as Avianca, have been authorized to provide 

foreign air transportation (including code share services) between the United States and their 

respective home countries. Avianca also holds the requisite underlying economic authority for 

purposes of holding out the code share services proposed with the Joint Applicants.

6

 

4. The requested code share 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 Avianca’s U.S. 

gateways. 

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

conditions and notice requirements imposed on code share 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.

For the foregoing reasons, the Joint Applicants respectfully request expedited approval of 

this application and that the Department grant them the blanket statements of authorization as

 

6

See, e.g., Order 86-9-36 (foreign air permit) and Notice of Action Taken dated October 28, 2011 in 

Docket DOT-OST-2011-0164. If, however, the Department deems that Avianca’s exemption authority in 

Docket DOT-OST-2011-0164 is limited to its code share with United, the Department should amend such 

authority sua sponte to the extent necessary to encompass its code share with the Joint Applicants while it 

awaits the full effectiveness of the Open Skies Agreement at the end of this year.
Joint Application of GoJet, Mesa, Shuttle America and SkyWest

Page 4

described above for an indefinite period, consistent with the Department’s practice in other code 

share proceedings, and such other relief as the Department may deem appropriate. 

Respectfully submitted, 

Dan Weiss

Managing Director – International and

 Regulatory Affairs

 UNITED AIR LINES, INC.

Submitted on behalf of:

David J. A. Hayes III, Esq.

For GOJET AIRLINES LLC

Vice President and General Counsel

Trans States Holdings, Inc.

11495 Navaid Road

St. Louis, MO 63044

Chris Pappaioanou

For MESA AIRLINES, INC.

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
CERTIFICATE OF SERVICE

I hereby certify that I have this date served a copy of the foregoing document on all 

persons named below by causing a copy to be sent via email: 

msinick@ssd.com (Alaska)

francis.heil@aa.com

james.kaleigh@aa.com

robert.wirick@aa.com

rsilverberg@sgbdc.com (ABX/Air Transport Intl.)

jrichardson@johnlrichardson.com (Amerijet)

jcanny@amerijet.com

stephen.lachter@lachterlaw.com (ASTAR)

rpommer@atlasair.com

sascha.vanderbellen@delta.com

charters@evergreenairlines.com (Evergreen)

cefelts@fedex.com

anbird@fedex.com

nssparks@fedex.com

robert.cohn@hoganlovells.com (Frontier)

patrick.rizzi@hoganlovells.com

jhill@dowlohnes.com (Hawaiian/JetBlue)

matwood@cozen.com (Kalitta)

kevin.montgomery@polaraircargo.com

bob.kneisley@wnco.com

leslie.abbott@wnco.com

dkirstein@yklaw.com (Spirit)

jyoung@yklaw.com (Spirit)

john.fredericksen@suncountry.com

anita.mosner@hklaw.com (UPS)

jennifer.nowak@hklaw.com

howard.kass@usairways.com

jegillick@zsrlaw.com (Virgin America)

john.varley@virginamerica.com

mlbenge@zsrlaw.com (World)

william.stallings@usdoj.gov

dwight.moore@ustranscom.mil

john.allen@faa.gov

Annalei Avanceña 

International Regulatory Advisor

United Air Lines, Inc.

August 14, 2012
APPENDIX A

INITIAL LIST OF CODE SHARE POINTS

Washington Dulles -Boston

 -Charlotte

 -Chicago O’Hare

 -Cincinnati

 -Cleveland

 -Columbus

 -Denver

 -Detroit

 -Indianapolis

 -Kansas City

 -Miami

 -New Orleans

 -New York (LGA)

 -Philadelphia

 -Phoenix

 -Pittsburgh

 -Raleigh-Durham

 -Richmond

-San Antonio

 -Seattle

 -Tampa

Miami-Chicago O’Hare

 -Denver

Newark-Fort Lauderdale

-Washington Dulles

-Miami

Houston-Fort Lauderdale

-Miami