### U.S. Department of Transportation Office ofthe Secretary ofTransportation



### DEPARTMENTACTION ON APPLICATION IN DOCKETDOT-OST-2014-0075 (Filed May 16, 2014)

Republic Airline Inc. d/b/a United Express (Republic) applies for blanket statements ofauthorization to display the designatorcodes ofAll Nippon Airways Co., Ltd. (ANA) (NH*), Austrian Airways AG (Austrian) (OS*), Brussels Airlines NV/SA (Brussels) (SN*), Deutsche Lufthansa AG (Lufthansa) (LH*), South African Airways SOC Limited (South African) (SA*), and Transportes Aereos Portugueses S.A (TAP) (TP*) (together, the "JointApplicants") on flights itoperates as United Express between points in the United States and between U.S. points and points in third countries.
*Approvedunder assigned authority (14 CPR §385.13).

This action is subject to the conditions attached. Persons entitled to petition the Department for review ofthis action under the Department's regulations, 14 CPR §385.30, should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness.

We may amend, modify, orrevoke the authority granted at any time withouthearing at our discretion.

An electronic version of this document is available on the World Wide Web at http:I /www.regulations.gov

### The codeshare operations authorized here are subject to the following conditions: (a) The blanket statements ofauthorization will remain in effect only as long as (i) Republic, ANA, Austrian, Brussels, Lufthansa, SouthAfrican, and TAP, as appropriate, continue to holdthe necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement providing for the codeshare operations remains in effect; (b) Republic, ANA, Austrian, Brussels, Lufthansa, South African, and/or TAP must notify the Department no later than 30 days before they begin any new code-share service under the code-share services authorized here. Such notice shall identify the market(s) to be served, which carrier will be operating the aircraft in the codeshare market added, and the date onwhich the service will begin. 1 Such notices should be filed in Docket DOTOST-2014-0075; (c) Republic, ANA, Austrian, Brussels, Lufthansa, South African, and/or TAP, as appropriate, mustnotify the Department immediately ifthe code-share agreement under which these code-share services are operated is
no longer in effect or ifthe carriers decide to cease operating all or a portion ofthe approved code-share services. Suchnotices should be filed inDocketDOT-OST-2014-0075; 2
(d) The code-sharing operations conducted under this authority must comply with 14 CPRPart 257 and with any amendments tothe Department's regulations concerning code-share arrangements thatmay be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements thatthe subject foreign airtransportation be sold inthe name ofthe carrierholding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shownonthe ticket) accept responsibility for the entirety ofthe code sharejourneyfor all obligations established in its contract ofcarriage withthe passenger; and thatthe passenger liability ofthe operating carrier be unaffected;. (e) The authority to operate to third countries is subject to the conditionthat any service provided under the statements ofauthorization shall be consistent with all applicable agreements betweenthe United States and the foreign countries involved. Furthermore, (i) nothing inthe award ofthese l?lanket statements ofauthorization should be construed as conferring upon Republic rights (including code-share, fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless Republic notifies the Department of its intentto serve such a market and unless and until the Departmenthas completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise suchrights; and (ii) should there be a request by any carrierto use the limited-entry route rights that are included inthe authority of Republic by virtue ofthe blanket statement ofauthorization granted here, but that are notthen beingused by Republic, the holding ofsuch authority will notbe considered as providing any preference for Republic in a competitive carrier selectionproceedingto determine which carrier(s) should be entitledto use the authority at
• 3 ISSUe; (f) The authority granted here is specifically conditioned sothat neither Republic, ANA, Austrian, Brussels, Lufthansa, South African, nor TAP shall give any force or effect to any contractual provisions between themselves that are contraryto these conditions; and. (g) We may amend, modify, orrevoke the authority granted at any time without hearing at ourdiscretion.

1Pursuantto the Department's Notice In the Matter ofBlanketNotification ofCode-Share Service to Open Skies Partners and Points dated February 9, 2009, Republic, ANA, Austrian, Brussels, Lufthansa, and TAP, have provided notification of their intentto engage in code-share services on flights operated by Republic between all U.S. points and between U.S. points and points in any open-skies country. Republic and South African Airways also give notice ofcodesharing between South African's U

.S. gateways,, on the one hand, and points in the U.S. that are currently designated for codeshare services under the U.S.-South Africa Air TransportAgreement, on the otherhand. 

### See Appendix A. Republic and the Joint Applicants will provide the Departmentwith 30-day notice for codeshare services to and from non-open-skies countries or ofany plan to introduce codeshare services with South African Airways in other city pairs not listed in Appendix A. 2 We expectthis notification to be received within I0 days ofsuch non-effectiveness or ofsuch decision. 3 The notice in paragraph (b) above can be used for this notification.APPENDIX A



### Renublic d/bla United Express-South Afrjcan Ajnvays Codeshare Pojnts


### U.S. GATEWAYS U.S. POINTS Chicago Atlanta Los Angeles Baltimore Miami Boston NewYork Cincinnati Philadelphia Cleveland Washington, DC Dallas/Ft. Worth Denver Detroit Ft. Lauderdale Houston Las Vegas Minneapolis/St. Paul New Orleans Orlando Phoenix Pittsburgh

Portland Raleigh/Durham

Salt Lake City

San Diego SanFrancisco Seattle St. Louis

Tampa WestPalm Beach