UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 20, 2013

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2003-16213 and DOT-OST-2008-0068 _____________________________________________________________________________________________________________________

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).

DOCKET DOT-OST-2003-16213

Application of AIR CHINA LIMITED (Air China) filed 11/21/13 for:

XX Amended exemption authority for Air China under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail, in combination or separately, 

between Air China’s U.S. gateways and points in third countries pursuant to its code-share arrangement

with United Express carriers.

1 2

DOCKET DOT-OST-2008-0068

Joint Application of GOJET AIRLINES, LLC (GoJet), MESA AIRLINES, INC. (Mesa), SHUTTLE 

AMERICA CORP. (Shuttle America), and SKYWEST AIRLINES, INC (SkyWest) D/B/A UNITED 

EXPRESS (collectively, the “Joint Applicants”) filed 11/21/13 for:

XX Amended blanket statements of authorization for the Joint Applicants under CFR Part 212 to:

Display the “CA*” designator code of Air China on flights operated by the Joint Applicants between Air 

China’s U.S. gateways and third countries on a blind sector basis.3 4

Applicant representatives: 

Daniel A. Weiss (872) 825-6828 (United) 5 and

George N. Tompkins, Jr. (212) 915-5624 (Air China)

DOT Analyst: Darren Jaffe (202) 366-2512

 1 Air China’s initial exemption authority permitted it to engage in scheduled foreign air transportation of persons, property, and mail, 

in combination or separately, between any points or points in the People’s Republic of China, and any point or points in the United 

States, pursuant to its code-share arrangements with United Airlines, Inc. (United) in Docket DOT-OST-2003-16213 and the United 

Express carriers in Docket DOT-OST-2008-0068. On September 18, 2013, we renewed and amended that exemption authority 

permitting Air China to engage in scheduled foreign air transportation of persons, property, and mail, in combination or separately, 

between points in the United States and points in third countries pursuant to its code share with United in Docket DOT-OST-2003-

16213. The instant application seeks comparable exemption authority for Air China so that it may code share with the United Express 

carriers between the United States and third countries on a blind sector basis.

2 Air China also plans to codeshare on these services to Mexico with ExpressJet, which is exempt from the Department’s statement of 

authorization requirement because it is using small aircraft with less than 60 seats or less or a maximum payload capacity of 18,000 

pounds or less. 3 Additional code-share points are listed in Attachment C. 4 The Joint Applicants’ existing blanket statements of authorization in Docket DOT-OST-2008-0068 permit them to display Air 

China’s “CA*” designator code on flights operated by any of the Joint Applicants as a United Express carrier between points in the 

United States. 

5 United filed this application on behalf of and with the permission of the Joint Applicants. 
D I S P O S I T I O N

XX Granted, amended exemption authority for Air China (subject to conditions, see Attachment A below). 

XX Granted, amended statements of authorization for the Joint Applicants (subject to conditions, see 

Attachment B below).

The above action granting amended exemption authority for Air China was effective when taken: December 20,

2013, through December 20, 2014.

The above action amending the statements of authorization granted for the Joint Applicants was effective when 

taken: December 20, 2013, and will remain in effect indefinitely, subject to the conditions listed below.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the 

United States and the People’s Republic of China.

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

indicated: 

 XX GoJet’s certificates of public convenience and necessity 

 XX Mesa’s certificates of public convenience and necessity

 XX Shuttle America’s certificate of convenience and necessity

 XX SkyWest’s certificate of convenience and necessity

 XX Foreign Air Carrier Exemption Conditions for Air China

XX Statements of Authorization approving the Joint Applicants/Air China code-share dated 

December 5, 2008 and conditions therein (see Notice of Action Taken in Docket DOT-OST-2003-

16213 and DOT-2008-0068) 

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

applicants qualified to provide the services authorized.

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 Dockets. 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://dms.dot.gov//reports/reports_aviation.asp
Attachment A

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, 

and it has filed a copy of such authorization with the Department;

(2) 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, 

14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable U.S. 

Government requirements concerning security, the holder shall, before commencing any new service (including charter 

flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its 

International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise 

the IIR 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;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the 

commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST 

Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards 

Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to 

Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 

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

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 

1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the 

United States that are: (a) based on its operations in international air transportation that, according to the contract of 

carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for 

which the contract of carriage was purchased in the United States; or (b) based on a claim under any international 

agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term 

"international air transportation" means "international transportation" as defined by the Warsaw Convention, except that 

all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its

homeland; 

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter 

data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with 

the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

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

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

applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed 

above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 

49 of the U.S. Code.

12/2007
 Attachment B

The statements of authorization are subject to the following conditions:6

(a) The statement of authorization for GoJet will remain in effect only as long as (i) GoJet and Air China 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) The statement of authorization for Mesa will remain in effect only as long as (i) Mesa and Air China 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;

(c) The statement of authorization for Shuttle America will remain in effect only as long as (i) Shuttle America and

Air China 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;

(d) The statement of authorization for SkyWest will remain in effect only as long as (i) SkyWest and Air China

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;

(e) GoJet, Mesa, Shuttle America, SkyWest and/or Air China 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, confirm which of the U.S. air carrier(s) will be operating the aircraft in the code-share market 

added, and the date on which the service will begin. Such notices should be filed in Docket OST-2008-0068;

(f) GoJet, Mesa, Shuttle America, SkyWest and/or Air China must notify the Department immediately if the codeshare agreement under which these code-share services are operated is no longer in effect or if the carriers decide to

cease operating all or a portion of the approved code-share services. Such notices should be filed in Docket OST2008-0068;7

(g) The code-sharing operations conducted under this authority must comply with 14 CFR Part 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;

(h) Any service provided shall be consistent with all applicable agreements between the United States and China, and

all applicable agreements with other foreign countries involved. Furthermore, (i) nothing in the award of the blanket

statements of authorization to GoJet, Mesa, Shuttle America, and/or SkyWest should be construed as conferring upon

GoJet, Mesa, Shuttle America, and/or SkyWest rights (including code-share, fifth-freedom intermediate and/or beyond

rights) to serve markets where U.S. carrier rights are limited unless GoJet, Mesa, Shuttle America, and/or SkyWest

notifies us of its intent to serve such market and unless and until the Department has completed any necessary carrier

selection procedures to determine which carrier(s) should be authorized to exercise such rights;8 and (ii) should there

be a request by any carrier to use the limited-entry route rights that are included in GoJet’s, Mesa’s, Shuttle America’s,

and/or SkyWest’s authority by virtue of the blanket statements of authorization granted here, but that are not being

used by GoJet, Mesa, Shuttle America, and/or SkyWest, the holding of such authority will not be considered as

providing any preference for GoJet, Mesa, Shuttle America, and/or SkyWest in a carrier selection proceeding to

determine which carrier(s) should be entitled to use the authority at issue.

 6 The conditions applicable to the Joint Applicants/Air China codeshare operations approved in Docket DOT-OST-2008-0068 are 

repeated here in their entirety for ease of reference.

7 We expect this notification to be received within 10 days of such non-effectiveness or of such decision. 8 The notice referenced in condition (e) above may be used for this notification.
(i) The authority granted here is specifically conditioned so that neither GoJet, Mesa, Shuttle America, and SkyWest 

nor Air China shall give any force or effect to any contractual provisions between themselves that are contrary to 

these conditions; and

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

New CA* Codeshare Markets in Mexico

Houston- Mexico City

 Houston-Monterrey