Application of WESTJET BEFORE THE U.S. DEPARTMENT OFTRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Docket DOT-OST-2012-0066 under 14 CFRPart 212 for a statement of ofauthorization (codesharing)
Application of WESTJET ENCORE LTD. DocketDOT-OST-2015- for statements ofauthorization (codesharing)
APPLICATIONS OFWEST JET FORAN AMENDED STATEMENT OF AUTHORIZATIONAND OF WESTJET ENCORE LTD. FORSTATEMENTS OF AUTHORIZATION Communications withrespect to this document should be sent to:

May 29,2015 Don H. Hainbach Jason E. Maddux Garofalo Goerlich Hainbach PC 1200 NewHampshire AvenueNW Suite 590 Washington, D.C. 20036 Tel: 202-776-3970 dhainbach@ggh-airlaw.com jmaddux@ggh-airlaw.com Counsel for WestJet and WestJet Encore Ltd.

NOTICE: Any person may support or oppose this application by filing an answer and serving a copy ofthe answer on counsel for WestJet and WestJet Encore Inc. and upon each person served with this application. Answers to the application mustbe filed onorbefore June 9, 2015.Application of WEST JET BEFORETHE U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C.

DocketDOT-OST-2012-0066 under 14 CFRPart 212 for a statement of ofauthorization (codesharing)
Application of WEST JETENCORELTD. DocketDOT-OST-2015- for statements ofauthorization (codesharing)
APPLICATIONS OF WEST JETFORAN AMENDED STATEMENT OF AUTHORIZATIONAND OFWEST JET ENCORELTD. FORSTATEMENTS OFAUTHORIZATION
Pursuant to § 212.9 of the Department's regulations, WestJet requests an amended Statement ofAuthorization to the extent necessary to enable it to display the Korean Air Lines Co., Ltd KE* code on flights operated by WestJet (1) between Canada and the United States, (2) betweenpoints in Canada, and (3) between Canadaandpoints inthird countries. Also, pursuant to § 212.9, WestJet Encore Ltd. ("WestJet Encore") requests Statements ofAuthorization to the extent necessary to enable it to display, on the service it will operate for WestJet, the designator codes of WestJet's existing codeshare partners: Air France (AF*), American Airlines (AA*), China Airlines (CI*), Japan Airlines (JL*), KLM (KL*), Korean AirLines (KE*), and Qantas (QF*)} WestJet Encore requests authority to display the airline designator code ofeach ofthese carriers on any and all flights operated by WestJet Encore for WestJet under the WS* code either now or in the future (1) between Canada and the United States, (2) betweenpoints in Canada, and (3) between Canada and points in third countries. WestJet and WestJet Encore further request that their respective requested authorizations be issued expeditiously and that the authorizations continue indefinitely to the extent consistent withthe Department'spolicies.2 In support ofthis application, WestJet and WestJet Encore state as follows: 

### 1. WestJet's initial authority to codeshare with Korean Air Lines was granted May 8, 2012, in Docket DOT-OST-2012-0066. That authority provides for WestJet to list the KE* code on flights operated by WestJet between Los Angeles (LAX) and Vancouver (YVR), Calgary (YYC), and Edmonton (YEO); between Las Vegas (LAS) and Vancouver (YVR) and Calgary (YYC); between San Francisco (SFO) and Vancouver (YVR) and Calgary (YYC); and between Honolulu (HNL) and Vancouver (YVR). WestJet is now requesting expanded authorizationto listthe KE* code on any and all flights operated by WestJet (1) between Canada and the United States, (2) between points in Canada, and (3) between Canada and points in third countries.

2. Both WestJet and Korean Air Lines already hold the underlying route authority required to hold out the codeshare service for which WestJet is now requesting authorization. WestJet holds a foreign air carrier permit granted by Order 2012-6-6 (April 5, 2012), authorizing
Common names for carriers used.
2 To the extent necessary, WestJet and WestJet Encore request a waiver of the 45-day advance filing requirement specified in Section 212.10 ofthe Department'sregulations. 

### 2it to engage in scheduled foreign air transportation ofpersons, property, and mail from points behind Canada via Canada and intermediate points to a point or points in the United States and beyond. Similarly, Korean Air Lines' foreign air carrier permit issued by Order 2003-11-20 (September 24, 2003) authorizes it to engage in scheduled foreign air transportation ofpersons, property, and mail from points behind the Republic of Korea via the Republic of Korea and intermediatepoints to a point orpoints inthe United States andbeyond.

3. WestJet Encore also holds all requisite underlying authority for the codeshare services for which authorization is requested. More specifically, WestJet Encore holds a foreign air carrier permit issued by Order 2015-4-7 (April 14, 2015) authorizing it to engage in scheduled and charterforeign air transportation ofpersons, property and mail from points behind Canada, via Canada and intermediate points, to a point orpoints inthe United States and beyond. WestJet Encore also holds a Statement ofAuthorization issued by Order 2015-1-15 authorizing it to operate U.S.-Canadatransborder service onbehalfofWestJetunderthe "WestJet"name.

4. WestJet's existing codeshare partners--Air France, American Airlines, China Airlines, JapanAirlines, KLM, Korean Airlines, and Qantas--also holdthe requisite authority:

a. Air France holds a foreign air carrier permit issued by Order 2008-3-16 (March 17, 2008). WestJet's authority to codeshare withAirFrance was granted May 7, 2015, in Docket DOT-OST-2015-0078.

3b. American holds open skies U.S.-Canada certificate authority granted by Order 2007-4-2 (April 3, 2007). WestJet's authority to codeshare with American was granted March 10,2011, in DocketDOT-OST-2011-0040?
c. China Airlines currently operates service to the United States pursuant to exemption authority most recently renewed September 7, 2012, by Notice ofAction Taken in Docket DOT-OST-1997-3138 (timely renewal application filed September 5, 2014). WestJet's authority to codeshare with China Airlines was granted September 9, 2014, in Docket DOT-OST-2014-0147. d. Japan Airlines currently operates service to the United States pursuant to its foreign air carrier permit issued by the Department by Order 1998-4-17 (April 21, 1998). WestJet's authority to codeshare with Japan Airlines was granted August 4, 2014, in Docket DOT-OST-2014-0128.
e. KLM holds a foreign air carrier permit issued by Order 2008-5-40 (May 29, 2008). WestJet's authority to codeshare with KLM was granted May 7, 2015, 2015, in Docket DOT-OST-2015-0079. f. As noted above, Korean Air Lines holds a foreign air carrier permit issued by Order 2003-11-20. WestJet's authority to codeshare with KAL was granted May 8, 2012, in DocketDOT-OST-2012-0066. g. Qantas holds a foreign air carrier permit issued by Order 2008-8-17 (August 18, 2008). WestJet's authorityto codeshare with Qantas was granted September 16, 2014, in Docket DOT-OST-2014-0157.

WestJet Encore has completed its lATA Operational Safety Audit (IOSA) certification. 45. By submitting this application, WestJet hereby provides notice of its intent to display the KE* code on codeshare services to open skies points as described above. Consistent with standard practice, WestJet will notify the Department no later than 30 days before commencing any codeshare services to non-open skies points. Any notification regarding nonopen skies points will inform the Department ofthe codeshare market(s) to be served and the date on which the service will begin. WestJet will conduct all codeshare operations in compliance with 14 CFR Part 257 and will accept the Department's standard codeshare conditions.

6. By submitting this application, WestJet Encore hereby provides notice ofits intent to display the AF*, AA*, CI*, JL*, KL*, KE*, and QF* codes on codeshare services to open skies points as described above. Consistent with standard practice, WestJet Encore will notify the Department no later than 30 days before commencing any codeshare services to non-open skies points. Any notification regarding non-open skies points will inform the Department of the codeshare market(s) to be served and the date on which the service will begin. WestJet Encore will conduct all codeshare operations in compliance with 14 CFR Part 257 and will accept the Department's standard codeshare conditions.

7. All of the requested authorizations are consistent with the U.S.-Canada Open Skies Agreement, Article 11(6) of which authorizes cooperative marketing arrangements including codesharing with airlines of either party and third-countries provided that all participants hold the appropriate authority and meet the requirements normally applied to such

5arrangements. Under the circumstances, grant of the requested statements of authorization would be consistent with the public interest.
ACCORDINGLY, WestJet and WestJet Encore respectfully request the authority described above and further request the authorizations continue indefinitely to the extent consistent with the Department'spolicies.

May 29,2015

# ~:lly7~

# t:.:in:~~ Jason E. Maddux Counsel for WestJet and WestJetEncore Inc.

6CERTIFICATE OF SERVICE I hereby certifythat onthis 

### 29th day ofMay 

### 2015, a copy ofthe foregoing applicationhas been served by electronic mail onthe parties named below.

# v{ill~~~Jl~A 6 Vanessa Krasniewicz 

# (_ ) RobertP. Silverberg (ABX Air/Midwest Airlines) rsilverberg@sgbdc.com JeffJohnson (ABX Air) jjohnson@sgbdc.com David Heffernan (AlaskaAirlines) dheffernan@cozen.com Robert Wirick (American) robert.wirick@aa.com Howard Kass (American) howard.kass@aa.com John Richardson (Amerijet International) jrichardson@johnlrichardson.com Joan Canny (Amerijet International)

1 jcanny@amerijet.com Gerald F. Murphy (ExpressJet/ SkyWest) 

### Igmurphy@crowell.com Steve Seiden (ExpressJet/ SkyWest) sseiden@crowell.com Russell Pommer (Atlas Air) rpommer@atlasair.com John Mietus (Centurion Air Cargo) john@mietuslaw.com Alexander VanderBellen (Delta) sascha.vanderbellen@delta.com Chris Walker (Delta) chris.walker@delta.com Nancy Sparks (FedEx) nssparks@fedex.com Courtney Felts (FedEx) cefelts@fedex.com Stephen Lachter (Frontier) slachter@cozen.com JonathanHill (Hawaiian/ AirWisconsin/Swift)

1 jhill@cooley.com Parker Erkmann (Hawaiian/AirWisconsin/Swift)

I perkmann@cooley.com Evelyn Sahr (JetBlue) esahr@eckertseamans.com Rob Land (JetBlue) robert.land@jetblue.com DrewDerco (JetBlue) dderco@eckertseamans.com PatrickRizzi (Mesa/Republic) patrick.rizzi@hoganlovells.com Robert Cohn (Mesa/Republic) robert.cohn@hoganlovells.com Brian Gillman (Mesa) brian.gillman@mesa-air.com Pierre Murphy (National Airlines) pmurphy@lopmurphy.com MarkAtwood (Western Global/Kalitta/Frontier) matwood@cozen.com Kevin Montgomery (Polar) kevin.montgomery@polaraircargo.com Robert Kneisley (Southwest/ AirTran) bob.kneisley@wnco.com Leslie Abbott (Southwest/AirTran) leslie.abbott@wnco.com Joanne Young (Spirit) jyoung@yklaw.com David Kirstein (Spirit) dkirstein@yklaw.com Daniel A. Weiss (United) dan.weiss@united.com StephenMorrissey (United) steve.morrissey@united.com AnitaMesner (UPS) anita.mosner@hklaw.com JenniferNowak (UPS) jennifer.nowak@hklaw.com Malcolm Benge (Virgin America) mlbenge@zsrlaw.com John Duncan (FAA) john.s.duncan@faa.gov Stephen Cristina (State Department) cristinasa@state.gov Bob Finamore (DOT) robert.finamore@dot.gov