UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 12, 2014

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2009-0348 and DOT-OST-2012-0160 __________________________________________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official indicated (no additional 

confirming order will be issued in this matter).

Application of GOJET AIRLINES, LLC d/b/a UNITED EXPRESS AND DELTA CONNECTION (GoJet) filed

12/9/14 for:

XX Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a 

point or points in Canada.

Applicant representative: Lisa A. Harig (703) 247-5487

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted (subject to conditions and remarks, see below)1

The above action granting exemption authority was effective when taken: December 12, 2014 through December 12, 2016.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the United States-Canada Air Transport Agreement

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated: 

XX Holder’s certificates of public convenience and necessity 

 XX Standard exemption conditions (attached)

Remarks: We acted on the application without awaiting expiration of the 15-day answer period with the consent of all 

parties served. 

Conditions: The code-share operations conducted under this authorization are subject to the following conditions:

(a) The code-share operations conducted under this authority must comply with 14 CFR 257 and with any amendment 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 codeshare journey for all obligations established in its contract of carriage with the passenger; and that the passenger liability of 

the operating carrier be unaffected.

(b) The authority granted here is specifically conditioned so that neither GoJet, United nor Delta shall give any force and 

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

__________________________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified 

to provide the exemption services authorized.

 1 GoJet’s previous exemption authority lapsed when the applicant failed to seek timely renewal. Our approval of its present request does 

not serve to insulate the applicant from any enforcement action which may be taken by the Assistant General Counsel for Aviation 

Enforcement and Proceedings.
Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent 

with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would 

not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted, 

we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at 

any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s 

regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This 

action was effective when taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
ATTACHMENT 

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, including, but not 

limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning 

security, the holder shall, before commencing any new service (including charter flights) to or from a foreign 

airport, contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the 

Transportation Security Administration has determined that security is adequate to allow such airport(s) to be 

served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be 

prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies 

and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the 

conditions imposed above.

 

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