BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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Joint Application and Notice of :

 :

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

SHUTTLE AMERICA CORPORATION :

 :

for Statements of Authorization pursuant to :

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

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JOINT APPLICATION OF GOJET AND SHUTTLE AMERICA 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

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 24, 2012

Thomas Newton Bolling

Vice President and Deputy General Counsel

Jonathan T. Linde

Managing Director and Senior Counsel-

 Regulatory 

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

Evelyn D. Sahr

ECKERT SEAMANS

CHERIN & MELLOTT, LLC

1717 Pennsylvania Avenue, NW

Twelfth Floor

Washington, DC 20006

(202) 659-6600

esahr@eckertseamans.com
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Joint Application and Notice of :

 :

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

SHUTTLE AMERICA CORPORATION :

 :

for Statements of Authorization pursuant to :

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

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

JOINT APPLICATION OF GOJET AND SHUTTLE AMERICA FOR STATEMENTS OF

AUTHORIZATION AND JOINT BLANKET CODE SHARE NOTICE

GoJet and Shuttle America1d/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 Swiss, which is a code share partner of United.2 

Specifically, the Joint Applicants request authorizations to display Swiss’ “LX” 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 Joint Applicants will begin code share 

services with Swiss as soon as all regulatory approvals are obtained. 

In addition, pursuant to the Department’s Notice In the Matter of Blanket Notification of 

Code Share Service to Open-Skies Partners and Points, dated February 9, 2009, the Joint 

Applicants, together with Swiss, hereby give blanket notice of code share services displaying 

Swiss’ designator code on flights operated by the Joint Applicants between all U.S. points and 

 

1 Common names are used for airlines.

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

Page 2

between U.S. points and points in any open-skies country.3 Code share services conducted 

pursuant to this notice will be limited to those consistent with the provisions of the U.S.-

Switzerland and other Open-Skies Agreements. The Joint Applicants and Swiss will provide the 

Department with 30-day notices for code share services to and from non-Open Skies countries.

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

1. The Joint Applicants have each executed a letter agreement with Swiss, under 

which the Joint Applicants will carry Swiss’ “LX” designator code on certain United Express 

flights operated by the Joint Applicants. Redacted copies of these letter 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 United Express services available for code share purposes to 

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

and Swiss’ European network.

3. The requested statements of authorization are fully consistent with the U.S.-

Switzerland Open Skies Agreement, as well as Department precedent in cases involving similar 

 

3 To the extent necessary, the Joint Applicants will obtain any necessary authorizations prior to 

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

4

See, Order 2011-12-18 and Notice of Action Taken dated December 9, 2011 in Docket DOT-OST-2009-

0348 (GoJet); and Orders 2008-4-26 and 2009-3-16 (Shuttle America). 
Joint Application and Notice

Page 3

code share arrangements between U.S. and foreign air carriers.5 Pursuant to the terms of such 

agreements, foreign carriers designated by their respective governments to serve the United 

States, such as Swiss, have been authorized to provide foreign air transportation (including code 

share services) between the United States and their respective home countries. Swiss also holds 

the requisite underlying economic authority for purposes of holding out the code share services 

proposed herein.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 Swiss’ U.S. gateways. 

5. Each of the Joint Applicants agrees to accept and abide by the Department’s 

standard conditions and notice requirements imposed on code share arrangements. 

6. The Joint Applicants request that the Department issue the 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 approval of this Joint 

Application and that the Department grant them the blanket statements of authorization as

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

 

5

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

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

foreign carrier partners. 

6

See, Order 2011-6-23.
Joint Application and Notice

Page 4

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

 Respectfully submitted,

 

 Dan Weiss

 Managing Director – International Affairs and 

 Regulatory

 UNITED AIR LINES, INC.

 Submitted on behalf of:

 David J. Hayes III, Esq.

 For GOJET AIRLINES LLC 

 Vice President and General Counsel

 Trans States Holdings, Inc.

 11495 Navaid Road

 St. Louis, MO 63044

 Scott Durgin

 For SHUTTLE AMERICA CORPORATION

 Vice President – Administration

 8909 Purdue Road, Suite 300

 Indianapolis, IN 46268
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

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 (Frontier)

jhill@dowlohnes.com (Hawaiian/JetBlue)

matwood@cozen.com (Kalitta)

kevin.montgomery@polaraircargo.com

bob.kneisley@wnco.com (AirTran/Southwest)

leslie.abbott@wnco.com (AirTran/Southwest)

dkirstein@yklaw.com (Spirit)

jyoung@yklaw.com (Spirit)

john.fredericksen@suncountry.com

anita.mosner@hklaw.com (UPS)

jennifer.nowak@hklaw.com (UPS)

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

August 24, 2012