U.S. Department of

Transportation

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2012-0125

(Filed July 17, 2012)

Joint application of GoJet Airlines, L.L.C. (GoJet), Mesa Airlines, Inc. (Mesa), 

Shuttle America Corp. (Shuttle America), and SkyWest Airlines, Inc. (SkyWest) for 

blanket statements 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 United States and third countries.1

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

 Date of Action: July 26, 20122

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 action 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 receipt 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 answer period with the consent of all parties served.
Appendix A

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

(a) The statements of authorization granted will remain in effect only as long as (i) GoJet, Mesa, Shuttle 

America, SkyWest, and Copa continue to hold the necessary underlying authority to operate the codeshare 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 Department 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, and the date on which the service will begin. Such notice should be filed in 

Docket DOT-OST-2012-0125.

3

(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-OST-2012-0125.

4

(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. 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 the 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 carrier be unaffected.

(e) The authority to operate to third countries is subject to the condition that any service provided under 

these blanket statements 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 these blanket

statements of authorization should be construed as conferring upon GoJet, 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 intent 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 statements

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 authority granted here is specifically conditioned 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 notification 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 decision. 5 The notice in paragraph (b) above can be used for this notification.