BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

-------------------------------------------------------------- Application and Notice of :

:

REPUBLIC AIRLINE INC. : Docket DOT

- OST

- 2012

-

_____

:

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Air Canada and SAS Code :

Share) :

------------- -------------------------------------------------

APPLICATION OF REPUBLIC AIRLINE INC. FOR A STATEMENT

OF AUTHORIZATION AND JOINT BLANKET CODE SHARE NOTICE

Communications with respect to this document should be sent to:

Hershel I. Kamen

Senior Vice President

– Alliances,

Regulatory and Policy

Daniel A. Weiss

Managing Director

- International

Affairs and Regulatory

UNITED AIR LINES, INC.

77 West Wacker Drive

- HDQIZ

10 th Floor HDQIZ

Chicago, IL 60601

(312) 997

- 7573

hershel.kamen@united.com

dan.weiss@united.com

Steve Morrissey

Managing Director

– Regulatory Affairs

and Policy

UNITED AIR LINES, INC.

1225 New York Avenue, NW

Suite 1100

- DCAIZ

Washington, DC 20005

(202) 521

- 4400

steve.morrissey@united.com Thomas Newton Bolling

Vice President and Deputy General Counsel

Jonathan T. Linde

Managing Director & Senior Counsel

- Regulatory

UNITED AIR LINES, INC.

77 West Wacker Drive

16 th Floor HDQLD

Chicago, IL 60601

(312) 997

- 8068

thomas.bolling@united.com

jonathan.linde@united.com

Ethan J. Blank

Vice President and General Counsel

REPUBLIC AIRLINE INC.

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

(317) 471

- 2655

ethan.blank@rjet.comSeptember 19 , 2012

NOTICE: Republic requests expedited treatment of this application. United, in filing this

application on its behalf, will poll U.S. carrier representatives and advise the Department of the

results. Michael F. Goldman

SILVERBERG, GOLDMAN

& BIKOFF, L.L.P.

1101 30 th Street, NW

Suite 120

Washington, DC 20007

(202) 944

- 3300

mgoldman@sgbdc.com

Counsel for SCANDINAVIAN

AIRLINES SYSTEM Anita M. Mosner

HOLLAND & KNIGHT LLP

2009 Pennsylvania Avenue, NW

Suite 100

Washington, DC 20006

(202) 419

- 2604

anita.mosner@hklaw.com

Counsel for AIR CANADABEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

-------------------------------------------------------------- Application and Notice of :

:

REPUBLIC AIRLINE INC. : Docket DOT

- OST

- 2012

-

____

:

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Air Canada and SAS Code :

Share) :

--------------------------------------------------------------

APPLICATION OF REPUBLIC AIRLINE INC. FOR A STATEMENT

OF AUTHORIZATION AND JOINT BLANKET CODE SHARE NOTICE

Republic 1 d/b/a United Express applies for blanket statements of authorization pursuant

to Part 212 of the Department’s regulations 2 to facilitate c ode share services with Air Canada and

SAS, all of which are code share partners of United. 3 Specifically, Republic requests

authorization to display the designator codes of Air Canada (“AC”) and SAS (“SK”) on flights it

operates as United Express between points in the United States and between U.S. points and

points in third countries in accordance with the U.S.

- Canada and U.S.

- EU and U.S.

- Norway

Open Skies Agreements. 4 Republic respectfully requests the Department’s prompt approval of

1 Common names are used for airlines.

2 Unit ed is filing this application on behalf of and with the permission of Republic.

3 See, DOT approval dated June 12, 1998 (undocketed) for Air Canada/United transborder and intra

- U.S.

code s haring and Department Action dated May 6

, 2009 in DOT

- OST

- 20 09

- 0095 for Air Canada/United

U.S./Canada

- beyond code sharing; and Department Action dated May 24, 1999 in DOT

- OST

- 1999

- 5251

for United/SAS code share authorization.

4 SAS (Scandinavian Airlines S ystem) is a n airline consortium owned by SAS AB through three national

companies (SAS Norge AS, SAS Danmark A/B and SAS Sverige AB); SAS AB, in turn, is a holding

company substantially owned by the governments and nationals of Denmark, Norway and Sweden.

Denmark and Sweden are EU member states and Norway is a member of the European Common Aviation

Area (“ECAA”). On December 17, 2009, Norway acceded to the U.S.

- EU Open Skies Agreement, and

that Agreement is in the process of ratification by the EU Member S tates; upon ratification, the US

- EU

Open Skies Agreement will extend to Norway. The US

- Norway Open Skies Agreement, however,

remains in full force and effect until such ratification.Application and Notice of Republic

Page 2

this application so that the marketing and sale of these code share services can begin without

delay. 5 In order to expedite approval of this application, United will poll carrier representatives

on behalf of Republic and advise the Department of the results.

In addition , pursuant to the Department’s Notice In the Matter of Blanket Notification of

Code share Service to Open

- Skies Partners and Points, dated February 9, 2009, Republic,

together with Air Canada and SAS , gives blanket notice of code share services displaying the

designator codes of these foreign carriers on flights operated by Republic between all U.S. points

and between U.S. points and points in any Open

- Skies country. 6 Code share services conducted

pursuant to this notice will be limited to those consistent with the provisions of the U.S.

- Canada,

U.S.

- EU and US

- Norway Open Skies Agreements, and other applicable Open Skies Agreements.

Republic and the applicable foreign carrier will provide the Department with 30

- day notices for

code share services to and fr om non

- Open Skies countries.

In support of this Application, Republic states the following:

1. Republic has executed a letter agreement with Air Canada and SAS , under which

Republic will carry the designator codes of these carriers on certain United Expres s flights that

Republic operates . Redacted copies of these letter agreements are attached.

2. Republic is an air carrier holding a certificate of public convenience and necessity

and exemptions authorizing it to operate scheduled air services in the Uni ted States and foreign

markets. 7 It is also a new participant in the United Express commuter program, operating code

share services for United and displaying United’s designator code. As such, United and

5 To the extent necessary, Republic requests a waiver of the 45

- day adv ance filing requirement contained

in 14 C.F.R. 212.10(d)(2).

6 To the extent necessary, Republic will obtain any necessary authorizations prior to commencing service

in any third country on behalf of United Express.

7 See Order 2009

- 9

- 13 (Interstate Certificate) and 2008

- 4

- 26 (Open Skies Certificate).Application and Notice of Republic

Page 3

Republic wish to make these services available for code share purposes to Air Canada and SAS

,

thereby increasing the online service offerings between United’s North American network and

these carriers’ home networks.

3. The requested code share authority is fully consistent with the U.S.

- Canada, U.S.

-

EU a nd US

- Norway Open Skies Agreements. In addition, the requested authority is consistent

with Department precedent in cases involving similar code share arrangements between U.S. and

foreign air carriers. 8 Pursuant to the terms of such agreements, foreign carriers designated by

their respective governments to serve the United States, such as Air Canada and SAS , have been

authorized to provide foreign air transportation (including code share services) between the

United States and their respective home count ries. Air Canada and SAS each holds the requisite

underlying economic authority for purposes of holding out the code share services proposed

herein. 9

4. The requested code share authority is also consistent with the public interest

because it will benef

it the traveling and shipping public by providing online service between

U.S. cities and points around the globe, via United’s domestic hubs and the U.S. gateways of Air

Canada and SAS

.

5. Republic will accept and abide by the Department’s standard condi tions and

notice requirements imposed on code share arrangements.

6. Republic requests that the Department issue the statements of authorization

applied for herein for an indefinite period, consistent with Department practice.

8 See , Dockets DOT

- OST

- 2011

- 0004 (Republic/Lufthansa) and

- 2010

- 0013 (Republic/TAP). See also

Dockets DOT

- OST

- 2012

- 0125,

- 2008

- 0068,

- 2007

- 29353 and

- 2006

- 26817 in which the Department

approved similar code share arrangements between various United Express operators and foreign carrier

partners, among others.

9 See, Orders 2008

- 9

- 23 (Air Canada) and 2008

- 5

- 5 (SAS)

.Application and Notice of Republic

Page 4

7. Republic is not a CRAF pa rticipant, so issuance of the requested blanket

statements of authorization will not affect the CRAF program.

For the foregoing reasons, Republic respectfully requests expedited approval of this

application and that the Department grant it the blanket statements of authorization as described

above for an indefinite period, consistent with the Department’s practice in other code share

proceedings, and such other relief as the Department considers consistent with this application

and the p ublic interest

.

Respectfully submitted,

Dan Weiss

Managing Director

– International Affairs and

Regulatory

UNITED AIR LINES, INC.

Submitted on behalf of:

Ethan J. Blank

For REPUBLIC AIRLINE INC.

Vice President and General Counsel

8909 Purdue Road, Suite 300

Indianapolis, IN 46268 Anita M. Mosner

Counsel for AIR CANADA

Michael F. Goldman

SILVERBERG, GOLDMAN &

BIKOFF, L.L.P.

Counsel for SCANDINAVIAN

AIRLINES SYSTEMCERTIFICATE OF SERVICE

I hereby certify that I have this date served a copy of the foregoing document on all

persons named below by causing a copy to be sent via email:

msinick@ssd.com (Alaska)

francis.heil@aa.com

robert.wirick@aa.com

rsilverberg@sgbdc.com (ABX/Air Transport Intl.) jrichardson@johnlrichardson.com (Amerijet) jcanny@amerijet.com

stephen.lachter@lachterlaw.com (ASTAR) rpommer@atlasair.com

sascha.vanderbellen@delta.com

charters@evergreenairlines.com (Evergreen)

cefelts@fedex. com

anbird@fedex.com

nssparks@fedex.com

robert.cohn@hoganlovells.com (Frontier) patrick.rizzi@hoganlovells.com

jhill@dowlohnes.com (Hawaiian/JetBlue) matwood@cozen.com (Kalitta) kevin.montgomery@polaraircargo.com

bob.kneisley@wnco.com

leslie.abbott@wnco.com

dkirstein@yklaw.com (Spirit) jyoung@yklaw.com (Spirit) john.fredericksen@suncountry.com

anita.mosner@hklaw.com (UPS) jennifer.nowak@hklaw.com

howard.kass@usairways.com

jegillick@zsrlaw.com (Virgin America) john.varley@virginamerica.com

mlbenge@zsrlaw.com (World) william.stallings@usdoj.gov

dwight.moore@ustranscom.mil

john.allen@faa.gov

September 19 , 2012 Annalei Avanceña

International Regulatory Advisor

United Air Lines, Inc.