UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on February 9 , 201 5

NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 201 5

- 0016 and DOT

- OST

- 201 5

- 0017

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).

Joint Application of UNITED AIRLINES, INC. ( United ) and SKYWEST AIRLINES, INC. d/b/a UNITED EXPRESS (SkyWest)

, filed 2/2/15 for :

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

Scheduled foreign air transportation of persons, property, and mail between Houston, Texas
, on the one hand, and Acapulco and Huatulco , Mexico , on the other hand

. 1 2

Applicant R ep resentative s : Gerald F. Murphy and Steven J. Seiden (202) 624

- 2500

DOT Analyst: Brett D. Kruger (202) 366

- 8025

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: February 9 , 2015

, through February 9 , 201 7

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and

Mexico.



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

limitations indicated:

XX The holder s’ certificate s of public convenience and necessity

XX Standard Exemption Conditions (attached)

Remarks : We acted on the application without awaiting expiration of the answer period with the consent of all partied served.

1 SkyWest states that it will display the “UA” designator code of United in the Houston

- Acapulco and Houston

Huatulco market s on a seasonal basis beginning on or about July 2, 2015

. 2 United holds certificate authority to provide scheduled foreign air transportation of persons, property, and mail in

the Houston

- Acapulco market using its own aircraft and by placin g its code on services provided by ExpressJet Airlines, Inc. (ExpressJet); and to provide scheduled foreign air transportation of persons, property, and mail in the

Houston

- Huatulco market by placing its code on services provided by ExpressJet

. See Orders 2000

- 5

- 31, 2010

- 5

- 17, and 2013

- 4

- 11. The j oint a pplicants state that United plans to substitute the service that ExpressJet currently provides in the markets with service operated by SkyWest

. The joint applicants further state that United plans to

conve rt its own

- aircraft services in the Houston

- Acapulco market, to code

- share only services on flights operated by SkyWest. We will handle the designation withdrawals in a manner consistent with our handling of other recent requests of the joint applicants ( see e.g., Notice of Action Taken dated October 14, 2014, in Dockets DOT

- OST

2014

- 0158 and DOT

- OST

- 2014

- 0159 , and cases cited therein )

.Conditions : The U.S.

- Mexico exemption authority granted is subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 88

- 10

- 2

, and the notice requirements for

seasonal/intermittent services as set forth in Order 96

- 11

- 24, at 5

. Consis tent with our standard policy, the dormancy notice period will begin on July 2 , 201 5

, SkyWest’s propose d start

- up date for the subject

services

.

The code

- share operations conducted under this authorization are subject to the following conditions:

(a) The cod e

- sharing 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 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 carrie r be unaffected; and

(b) The authority granted here is specifically conditioned so that neither United nor SkyWest shall give any force or effect to any contractual provisions between themselves that are contrary to these

conditions.

On the basis of data of ficially noticeable under Rule 24(g) of the Department's regulations, we found the applicants qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our

act ion 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 exten t not granted, we denied all requests in the referenced

Docket s

. 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: www.regulations.govATTACHMENT

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, an d 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 l imits 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 Inspe ctor (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 lim itations 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.



### 1/ 20 08