UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, DC

Issued by the Department of Transportation on November 21, 2013

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0198

________________________________________________________________________________________________________________________

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 SKYWEST AIRLINES, INC. (SkyWest) filed 11/14/13 for:

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

1

Scheduled foreign air transportation of persons, property, and mail between Houston, Texas and Nassau, 

Bahamas.

2

Applicant representative: Gerald F. Murphy (202) 508-8855

The City of Houston submitted an answer in support of SkyWest’s application.

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N 

XX Granted (subject to conditions, see below)

The above action was effective when taken: November 21, 2013, through November 21, 2015.

3

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the overall state of aviation relations between the United States and the

Bahamas.

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)

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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 

 1 SkyWest will begin service in March 2014 operating as a United Express carrier. United’s designator code will be displayed on

flights operated by SkyWest. 

2 SkyWest states in the instant application that it previously requested U.S.-Caribbean certificate authority at the time it applied for a 

blanket open-skies certificate of public convenience and necessity. The Department granted authority to serve open-skies partners and 

deferred on the portion of the request that addressed specific Caribbean destinations, including the Bahamas, in Order 2008-4-26. We 

again defer on that request and will handle it separately. 3 We acted on this application without awaiting expiration of the 15-day answer period with the consent of all parties served.
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.

(b) The authority granted here is specifically conditioned so that neither SkyWest nor its code-share partner(s) 

shall give any force and effect to any contractual provisions between themselves that are contrary to these 

conditions.

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

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 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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