U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

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(Filed July 17 , 201 2 )

Joint a pplication of GoJet Airlines, L.L.C. (GoJet), Mesa Airlines, Inc. (Mesa), Shuttle America Corp. (Shuttle America), and SkyWest Airlines, Inc. (SkyWest) for

blanket statement s of authorization to display the “ CM ” designator code of Compania Panamena de Aviacion, S.A. d/b/a Copa Airlines, Inc. (Copa) on United Express flights operated by the joint applicants on behalf of United Air Lines, Inc. (United) ( a ) between U.S. points (in conjunction with Copa’s services in foreign air transportation); and ( b ) between the Unit ed States and third countries. 1

* Approved under assigned authority (14 CFR §385.13).

Date of Action: July 26 , 201 2 2

This action is subject to the conditions attached. Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven days of the date of this action. This ac tion is effective immediately, and the filing of a petition for review
will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

1 We note the applicants’ expressed intent to begin these code

- share services immediately following re ceipt of government approvals. We therefore grant the applicants, sua sponte , a waiver of the 45

- day advance filing requirement under 14 CFR 212.10(d)(2), as no party opposed the request.

2 We acted on the application without awaiting expiration of the an swer period with the consent of all parties served.

### Appendix A

The code

- share operations authorized here are subject to the following conditions:

(a) The statement s of authorization granted will remain in effect only as long as (i) GoJet, Mesa, Shuttle
America , SkyWest , and Copa continue to hold the neces sary underlying authority to operate the code

share services at issue, and (ii) the code

- share agreement providing for the code

- share operations remains
in effect.

(b ) GoJet, Mesa, Shuttle America, SkyWest , and /or Copa , as appropriate, must notify the Dep artment no later than 30 days before they begin any new code

- share service under the code

- share services authorized here. Such notice shall identify the market(s) to be served, which carrier will be operating the aircraft in
the code

- share market added, a nd the date on which the service will begin. Such notice should be filed in
Docket DOT

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(c ) GoJet, Mesa, Shuttle America, SkyWest, and/or Copa , as appropriate, must promptly notify the Department if the code

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notice
should be filed in Docket DOT

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(d) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulations concerning code

- share arrangements that may be adopted. Not withstanding 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 the computer reser vation 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 passeng er; and that the passenger liability of the operating carrier be unaffected.

(e) The authority to operate to third countries is subject to the condition that any service provided under
th ese blanket statement s of authorization shall be consistent with all applicable agreements between the United States and the foreign countries involved. Furthermore, (i) nothing in the award of th ese blanket

statement s of authorization should be construed as conferring upon Go Jet, Mesa, Shuttle America, or SkyWest rights (including code

- share, fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless GoJet, Mesa, Shuttle America, or SkyWest notifies the Department of their int ent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (ii) should there be a request by any carrier to use the limited

- entry route rights that are included in the authority of GoJet, Mesa, Shuttle America, or SkyWest by virtue of the blanket statement s of authorization granted here, but that are not then being used by GoJet, Mesa, Shuttle America, or SkyWest , the holding of such authority will not be considered as providing any preference GoJet, Mesa, Shuttle America, or SkyWest in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 5

(f) The au thority granted here is specifically cond itioned so that neither GoJet, Mesa, Shuttle America, SkyWest , nor Copa shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

3 Pursuant to the Department’s Notice in the Matter of Blanket Notification of Code

- Share Service to Open

- Skies Partners and Points issued February 9, 2009, the joint applicants have provided blanket noti fication of their intent to display the CM designator of Copa between all U.S. points and between U.S. points and points in any open

- skies
country.

4 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such de cision.

5 The notice in paragraph (b) above can be used for this notification.