UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on January 5, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2009-0348

_______________________________________________________________________________________________________________________________ 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 (GoJet) filed 12/18/09 for:

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

Scheduled foreign air transportation of persons, propert y, and mail between a point or points in the United States and a point or points in Canada. 1

Applicant rep: Lisa A. Harig (202)457-7790 DOT Analyst: Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action granting exemption authority was effective when taken: January 5, 2010

, through January 5, 2012

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the avi ation agreement between the United States and Canada.

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

indicated: XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)
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.

Under authority assigned by the Department in its regula tions, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authorit y was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory acti on 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 thei r petitions within seven (7) days after th e 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

1 GoJet states that it will provide U.S.-Canada service operating as a United Express carrier.

### ATTACHMENT

U.S. Carrier Exemption Conditions

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

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

(2) Comply with applicable requirements c oncerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements fo r 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 othe rwise 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 requirement s of the Federal Aviati on Administration, the Transportation Security Administration, and with all app licable U.S. Government requirements concerning security, including, bu t not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Govern ment requirements concerning security, the holder shall, before commencing any new servic e (including charter flig hts) to or from a foreign airport, contact its Princi pal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the Transpor tation Security Administration ha s determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable te rms, conditions, and limitations required by the public interest as may be prescribed by the Depa rtment of Transportation, with all applicable orders and regulations of other U.S. agencies an d courts, and with all ap plicable laws of the

United States.

The authority granted shall be effective onl y during the period when the holder is in compliance with the conditions imposed above.

1/2008