U.S. Department of 

Transportation 

Office of the Secretary 

ofT ransportation 

CORRECTED COPY 

DEPARTMENT ACTION ON APPLICATION IN 

DOCKET DOT -OST -2015-0079 

(filed April 7, 2015) 

Application ofWestJet for a statement of authorization under 14 CFR Part 212 for an 

indefinite period to permit it to display the (KL*) designator code of KLM Royal Dutch 

Airlines, N.V. (KLM) on flights operated by WestJet from any point or points behind Canada, 

via any point or points in Canada, and via intermediate points to any point or points in the 

United States and beyond.1 

The applicant also requests a waiver of the 45-day advance filing requirement under 14 CFR 

Part 212.2 

Approved under assigned authority (14 CFR § 385.13). 

Date of Action: May 7, 2015 

This action is subject to the conditions attached. Persons entitled to petition the Department 

for review of this action under the Department's regulations, 14 CFR § 385.30, should file 

their petitions within seven days of the date of this action. This action is effective 

immediately, and the filing of a 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 WestJet states that KLM will not market its code-share service to local passengers traveling solely between Canada 

and the United States. 2 The Department is acting on the applicant's request prior to the expiration of the 45-day advance filing requirement 

with the consent of all parties served. 
The code-share operations authorized here are subject to the following conditions: 

(a) The statement of authorization will remain in effect only as long as (i) WestJet and KLM 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 and/or KLM must promptly notify the Department if the code-share agreement providing for the 

code-share operations is no longer effective or the carriers decide to cease operating any or all of the 

approved code-share services. Such notice should be filed in Docket DOT-OST-2015-0079. 1 

(c) WestJet and/or KLM must notify the Department no later than 30 days before they begin any new codeshare 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-OST-2015-

0079.2 

(d) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any 

amendments to the Department's regulations concerning code-share arrangements that may be adopted. 

Notwithstanding any provisions in the contract between the carriers, our approval here is expressly 

conditioned upon the requirements that the subject foreign air transportation be sold in the name of the 

carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such 

transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code-share 

journey for all obligations established in its contract of carriage with the passenger; and that the passenger 

liability of the operating carrier be unaffected .. 

(e) The authority granted here is specifically conditioned so that neither WestJet nor KLM shall give any 

force or effect to any contractual provisions between themselves that are contrary to these conditions. 

(f) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion. 

1 We expect this notification to be received within ten (1 0) days after such non-effectiveness or of such decision. 2 See Attachment A for initial code-share markets. WestJet also provides in its application blanket notice of its intent to 

engage in code-share services between open skies points. It further states that it will notify the Department no later than 

30 days before commencing any code-share services to non-open skies points. 
CODESHARE POINTS 

North American Gateways: 

Calgary, AB (YYC) 

Montreal, QC (YUL) 

Toronto, ON (YYZ) 

Vancouver, BC (YVR) 

Chicago, IL (ORD) 

Los Angeles, CA (LAX) 

New York, NY (JFK) 

San Francisco, CA (SFO) 

U.S. Points 

Chicago, IL (ORD) 

Dallas/Fort Worth, TX (DFW) 

Fort Lauderdale, FL (FLL) 

Fort Myers, FL (RSW) 

Honolulu, HI (HNL) 

Houston, TX (IAH) 

Kahului, HI (OGG) 

Kauai Island, HI (LIH) 

Kona, HI (KOA) 

Las Vegas, NV (LAS) 

Los Angeles, CA (LAX) 

Myrtle Beach, SC (MYR) 

New York, NY (JFK) 

New York, NY (LGA) 

Orlando FL (MCO) 

Palm Springs, CA (PSP) 

Phoenix, AZ (PHX) 

San Diego, CA (SAN) 

San Francisco, CA (SFO) 

Santa Ana, CA (SNA) 

Tampa, FL (TP A) 

ATTACHMENT A 
From: 

To: 

Cc: 

Subject: 

Date: 

Bob 

pon H. Hainbach 

Finamore Robert (OSD 

Johnson. Shelita (OSD 

1Jo1- oSTEW: Dockets DOT-OST-2015-0078 & DOT-OST-2015-0079 & DOT-OST 2015-0081 

Thursday, May 21, 2015 12:30:56 PM 

~l~\­

c9o\S·- oo .. l9 

As you requested, this will confirm that WestJet and WestJet Encore intended their applications in 

each of the referenced dockets to provide notice of each carrier's intent to engage in code-share 

services to open skies points. 

Thanks for your continued assistance and best regards. 

Don H. Hainbach 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Washington, DC 20036-6802 

dhainbach@ggh-ajrlaw com 

Phone: (202) 776-3976 

Fax: (202) 776-3975 

THIS E-MAIL MESSAGE AND ANY ATTACHED ITEMS ARE CONFIDENTIAL. IF THE READER OF THIS 

MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, 

DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE 

RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONE OR BY REPLY EMAIL, AND DELETE/DESTROY THE ORIGINAL MESSAGE. THANK YOU. 

From: Don H. Hainbach 

Sent: Thursday, May 21, 2015 10:43 AM 

To: shelita.johnson@dot.gov 

Subject: RE: Dockets DOT-OST-2015-0078 & DOT-OST-2015-0079 & DOT-OST 2015-0081 

Shelita 

As just discussed, in addition to the attachment A issue, the question below also applies to the 

NOAT you issued yesterday for WestJet Encore. 

I believe previous NOATS have addressed this issue by including a footnote confirming that the 

applicant had already provided notice of its intention to serve open skies points and I suspect that 

type of footnote should also be included in the three NOATS in the referenced dockets. 

Thanks and best regards 

Don H. Hainbach 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 
Phone: (202) 776-3976 

Fax: (202) 776-3975 

THIS E-MAIL MESSAGE AND ANY ATTACHED ITEMS ARE CONFIDENTIAL. IF THE READER OF THIS 

MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, 

DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE 

RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONE OR BY REPLY EMAIL, AND DELETE/DESTROY THE ORIGINAL MESSAGE. THANK YOU. 

From: shelita .johnson@dot.gov [mailto: shelita .jobnson@dot.gov] 

Sent: Thursday, May 07, 2015 3:24PM 

To: Don H. Hainbach 

Subject: Dockets DOT-OST-2015-0078 & DOT-OST-2015-0079