U.S. 

### Department of Transportation Office ofthe Secretary ofT ransportation 

### CORRECTED COPY DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2015-0079 (filed April 7, 2015) Application ofWestJetfor a statement ofauthorization under 14 CFRPart212 for an indefinite periodto permititto display the (KL*) designator code ofKLMRoyal Dutch Airlines, N.V. (KLM) on flights operated byWestJetfrom any point orpoints behind Canada,

via any point orpoints in Canada, andvia intermediate points to any point orpoints in the United States and beyond. 1


### The applicant also requests a waiver ofthe 45-day advance filing requirement under 14 CFR Part212.2


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

Date ofAction: May 7, 2015



### This action is subjectto the conditions attached. Persons entitledto petitionthe Department for review ofthis action under the Department's regulations, 14 CFR § 385.30, should file theirpetitions 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

1WestJet states that KLM will not market its code-share service to local passengers traveling solelybetween Canada andthe United States. 2 The Department is acting on the applicant's requestpriorto the expiration ofthe 45-day advance filing requirement withthe 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) WestJet and KLM continueto holdthe 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 mustpromptly notify the Department ifthe code-share agreementproviding for the code-share operations is no longer effective or the carriers decide to cease operating any or all ofthe approved code-share services. Such notice should be filed in Docket DOT-OST-2015-0079. 1 (c) WestJet and/or KLMmustnotify the Department no laterthan 30 days beforethey begin any new codeshare service underthe code-share services authorized here. Such notice shall identifythe market(s) to be served and the date on which the services will begin. Such notices shall be filed in DocketDOT-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 contractbetween the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign airtransportation be sold inthe name ofthe carrierholding out such service in computerreservation systems and elsewhere; that the carrier selling such transportation 

### (i.e., the carrier shown onthe ticket) acceptresponsibility for the entirety ofthe code-share journeyfor all obligations established in its contract ofcarriage with the passenger; and that the passenger liability ofthe operating carrierbe unaffected

.. (e) The authority granted here is specifically conditioned so that neitherWestJet nor KLM shall give any force oreffectto any contractual provisions betweenthemselves that are contrary to these conditions. (f) We may amend, modify, orrevoke the authority granted at anytime withouthearing at our discretion.

1We expectthis notificationto bereceived within ten (10) days after suchnon-effectiveness or ofsuch decision. 2 See Attachment A for initial code-share markets. WestJet also provides in its applicationblanketnotice ofits intentto engage in code-share services between open skies points. Itfurther states that it will notify the Department no laterthan 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) NewYork, 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) SantaAna, CA (SNA) Tampa, FL (TPA) ATTACHMENT AFrom: 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 

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As you requested, this will confirm that WestJet and WestJet Encore intended their applications in each ofthe 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 offootnote 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 NWPhone: (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