BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Application of :

 :

REPUBLIC AIRLINE INC. : Docket DOT-OST-2012-_____

 :

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Avianca and TACA Carriers :

Code Share) :

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

APPLICATION OF REPUBLIC AIRLINE INC.

FOR A STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be sent to:

Hershel I. Kamen

Senior Vice President–Alliances,

 Regulatory and Policy

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

hershel.kamen@united.com

steve.morrissey@united.com

Daniel A. Weiss

Managing Director-International

 Affairs and Regulatory

UNITED AIR LINES, INC.

77 West Wacker Drive-HDQIZ

Chicago, IL 60601

(312) 997-7573

dan.weiss@united.com

September 17, 2012

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

16th 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.com
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Application of :

 :

REPUBLIC AIRLINE INC. : Docket DOT-OST-2012-______

 :

for a Statement of Authorization pursuant to :

14 C.F.R. Part 212 (Avianca and TACA Carriers :

Code Share) :

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

APPLICATION OF REPUBLIC AIRLINE INC.

FOR A STATEMENT OF AUTHORIZATION 

Republic1d/b/a United Express applies for blanket statement of authorization pursuant to 

Part 212 of the Department’s regulations

2

to facilitate code share services with Avianca and the 

TACA Carriers,

3

all of which are code share partners of United.4 Specifically, Republic requests 

authorization to display the designator codes of Avianca (“AV”) and the TACA Carriers (“TA”)5

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 2011 Air Transport Agreement 

 

1 Common names are used for airlines.

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

3

In this application, “TACA Carriers” collectively refers to the following carriers which entered into a 

letter agreement with Republic on August 22, 2012: TACA International Airlines, S.A. (“TACA 

International”), Lineas Aereas Costarricenses, S.A. (“LACSA”), and Trans American Airlines, S.A. d/b/a 

TACA Peru (“TACA Peru”). 

4

See, Notice of Action Taken dated October 28, 2011 in Docket DOT-OST-2011-0163 (Avianca/United); 

Department Action dated May 18, 2006 in docket DOT-OST-2006-24078 (TACA International and 

LACSA/United); and Department Action dated September 11, 2006 in DOT-OST-2006-25602 (TACA 

Peru/United).

5

Since 2005, TACA, TACA Peru and LACSA have been authorized to operate under the common 

“TACA” trade name and “TA” designator code. See, Docket DOT-OST-2004-17355. This is expected to 

change in the first quarter of 2013. As the Department is aware, the TACA Carriers are seeking DOT 

authorization to display the “AV” designator code in the first quarter of 2013 for services to/from the 

United States. See, Joint Application of Avianca and the TACA Carriers dated August 23, 2012 in 

Docket DOT-OST-2012-0136.
Application of Republic

Page 2

between the United States and Colombia (“U.S.-Colombia Open Skies Agreement”) 6and the

Open Skies Agreements between the United States and the home countries of each of the TACA 

Carriers (El Salvador, Costa Rica and Peru).

7

The carriers will implement their code share as 

soon as all regulatory approvals are obtained. 

In support of this Application, Republic states the following:

1. Republic has executed letter agreements with Avianca and the TACA Carriers, 

under which Republic will carry the designator codes of these carriers on certain United Express 

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 United States and foreign

markets.8 It is also a new participant in the United Express commuter program. As such, United 

and Republic wish to make these services available for code share purposes to Avianca and the 

TACA Carriers, thereby increasing the online service offerings between United’s North 

American network and the home networks of Avianca and the TACA Carriers.

 

6 While the U.S.-Colombia Open Skies Agreement became provisionally effective upon exchange of 

notes on August 26, 2011, there is a brief transition period before it becomes fully effective at the end of 

2012. See Article 18 of the U.S.-Colombia Open Skies Agreement and Sections 1, 3 and 4 of the Annex 

to Agreement. During the transition period, code share limits were lifted effective January 1, 2012. See 

paragraph 2.d of Section 2 of the Annex.

7 Republic will display the “AV” and “TA” designator codes only until the TACA Carriers complete the 

necessary steps to implement their use of the “Avianca” trade name and the “AV” designator code in the 

carriers’ combined marketing and sale of services to/from the United States. At present, the carriers’ 

planned collective use of the “Avianca” trade name and the “AV” designator code is pending DOT 

approval. See, Joint Application of Avianca and the TACA Carriers dated August 23, 2012 in Docket 

DOT-OST-2012-0136. With DOT’s approval, Avianca and the TACA Carriers plan to implement the 

collective use of the “Avianca” trade name and “AV” designator code in the first quarter of 2013. At 

such time, Republic will display only the “AV” designator code on its services pursuant to this statement 

of authorization. If the Department believes that this statement of authorization must be amended to 

reflect the collective use of the “AV” designator code by Avianca and the TACA Carriers, Republic 

respectfully requests the Department to sua sponte amend this statement of authorization upon Avianca 

and the TACA Carriers’ collective use of the “AV” designator code. 

8

See, Order 2009-9-13 (Interstate Certificate) and 2008-4-26 (Open Skies Certificate). 
Application of Republic

Page 3

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

Open Skies Agreement 9and the U.S. Open Skies Agreements with El Salvador, Costa Rica and 

Peru. In addition, the requested authority is consistent with Department precedent in cases 

involving similar code share arrangements between U.S. and foreign air carriers.10 Pursuant to 

the terms of such agreements, foreign carriers designated by their respective governments to 

serve the United States, such as Avianca and the TACA Carriers, have been authorized to 

provide foreign air transportation (including code share services) between the United States and 

their respective home countries. Avianca and the TACA Carriers already hold the requisite 

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

herein.11 

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

because it will benefit 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 

Avianca and the TACA Carriers. 

 

9 Although the U.S.-Colombia Open Skies Agreement will be fully implemented at the end of 2012, code 

share limits were lifted effective January 1, 2012. See paragraph 2.d of Section 1 of the Annex. In 

addition, paragraph 3 of Section 2 of the Annex exempts code share arrangements from frequency 

limitations. 

10 See, Dockets DOT-OST-2011-0004 (Republic/Lufthansa) and -2010-0013 (Republic/TAP). See also 

Dockets DOT-OST-2012-0139, OST-2012-125 and OST-2008-0068 in which the Department approved 

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

among others. 

11 See, Order 86-9-36 (foreign air permit) and Notice of Action Taken dated October 28, 2011 in Docket 

DOT-OST-2011-0164 for Avianca. Each of the TACA Carriers holds Open Skies exemption authority: 

TACA International and LACSA currently have timely filed renewal applications pending in Dockets 

DOT-OST-1997-2674 and DOT-OST-1997-2682, respectively; and, TACA Peru’s exemption authority 

was renewed by Notice of Action Taken dated May 19, 2009 in Docket DOT-OST-2000-8054. If the 

Department believes that Avianca’s exemption authority in Docket DOT-OST-2011-0164 is limited to its 

code share with United, Republic requests the Department to amend Avianca’s authority to the extent 

necessary to encompass its code share with Republic while the carriers await the full effectiveness of the 

U.S.-Colombia Open Skies Agreement.
Application of Republic

Page 4

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

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

statements of authorization will not affect the CRAF program.

For the foregoing reasons, Republic urges the Department to grant its application for a

blanket statement of authorization as described above and any other relief as the Department 

considers consistent with this application and the public 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
CERTIFICATE 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

james.kaleigh@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 17, 20122

Annalei Avanceña 

International Regulatory Advisor

United Air Lines, Inc.