BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

 :

Application and Notice of :

 : Docket DOT-OST-2014-_____

 REPUBLIC AIRLINE INC. : 

 : 

for Statements of Authorization pursuant to :

14 C.F.R. Part 212 (Star Alliance Codeshares) :

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APPLICATION OF 

REPUBLIC AIRLINE INC. 

AND JOINT CODESHARE NOTICE

Communications with respect to this document should be sent to:

Hershel I. Kamen

Senior Vice President-Alliances,

 Regulatory and Policy

Daniel A. Weiss

Managing Director-International

 Affairs and Regulatory

UNITED AIRLINES, INC.

233 South Wacker Drive

10th Floor – HDQIZ

Chicago, IL 60606

(872) 825-6828

hershel.kamen@united.com

dan.weiss@united.com

Thomas Newton Bolling

Vice President and Deputy General Counsel

Abby I. Bried

Associate General Counsel-Regulatory,

Alliances & International

UNITED AIRLINES, INC.

233 South Wacker Drive

11th Floor – HDQLD

Chicago, IL 60606

(872) 825-8068

(872) 825-7415

thomas.bolling@united.com

abby.bried@united.com

Steve Morrissey

Managing Director-Regulatory Affairs 

 and Policy

Karine R. Faden

Managing Counsel-Regulatory, Antitrust &

 Competition

UNITED AIRLINES, INC.

1225 New York Avenue, NW

Suite 1100 – DCAIZ/DCALD

Washington, DC 20005

(202) 521-4373

(202) 521-4363

steve.morrissey@united.com

karine.faden@united.com

Gerald F. Murphy

Steven J. Seiden

CROWELL & MORING LLP

1001 Pennsylvania Avenue, NW

Washington, DC 20004

(202) 624-2500

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

United Airlines, Inc.
Ethan J. Blank

VP, General Counsel

Republic Airline Inc.

8909 Purdue Rd., Suite 300

Indianapolis, IN 46268

(317) 471-2655

Ethan.blank@rjet.com

Counsel for

Republic Airline Inc.

With a copy to:

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

555 Thirteenth Street, NW

Washington, DC 20004

(202) 637-4999

robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

Arthur J. Molins

General Counsel, North America

Lufthansa Group

1640 Hempstead Turnpike

East Meadow, NY 11554

(516) 296-9234

arthur.molins@dlh.de

Counsel for 

Deutsche Lufthansa AG and

Austrian Airlines AG

Evelyn D. Sahr

ECKERT SEAMANS CHERIN & 

 MELLOTT, LLC

1717 Pennsylvania Avenue, NW

12th Floor

Washington, DC 20006

(202) 659-6622

esahr@eckertseamans.com

Counsel for

Brussels Airlines NV/SA

May 16, 2014

William Karas

Carol Gosain

STEPTOE & JOHNSON LLP

1330 Connecticut Avenue, NW

Washington, DC 20036

(202) 429-6223

wkaras@steptoe.com

cgosain@steptoe.com

Counsel for 

TAP PORTUGAL

Charles J. Simpson, Jr.

David M. Endersbee

ZUCKERT, SCOUTT & 

 RASENBERGER, L.L.P.

888 Seventeenth Street, NW

Suite 700

Washington, DC 20006

(202) 973-7926

cjsimpson@zsrlaw.com

dmendersbee@zsrlaw.com

Counsel for 

All Nippon Airways Co., Ltd.

Anita M. Mosner

Jennifer M. Nowak

HOLLAND & KNIGHT LLP

800 17th Street, NW, Suite 1100

Washington, DC 20006-6801

(202) 955-3000

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Counsel for 

South African Airways SOC Limited

NOTICE: United has requested expedited treatment of this application. It will poll U.S. 

carrier representatives and inform the Department of the results. 
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

 :

Application and Notice of :

 : Docket DOT-OST-2014-_____

 REPUBLIC AIRLINE INC. : 

 : 

for Statements of Authorization pursuant to :

14 C.F.R. Part 212 (Star Alliance Codeshares) :

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

APPLICATION OF 

REPUBLIC AIRLINE INC. 

AND JOINT CODESHARE NOTICE

Republic[1]d/b/a United Express applies[2]for blanket statements of authorization 

pursuant to Part 212 of the Department’s regulations to facilitate codeshare services with ANA,

Austrian, Brussels Airlines, Lufthansa, South African Airways, and TAP, all of which are 

codeshare partners of United.[3]Specifically, Republic requests authorization to display the 

designator codes of ANA (“NH*”), Austrian (“OS*”), Brussels Airlines (“SN*”), Lufthansa 

(“LH*”), South African Airways (“SA*”), and TAP (“TP*”) 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 U.S.-Japan and U.S.-EU Open Skies Agreements, and the U.S.-

 

[1] Common names are used for airlines.

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

[3] See Notice of Action Taken (“NOAT”) dated Aug. 7, 1998 (undocketed) and Jan. 19, 

2010 in Docket DOT-OST-2009-0344 (ANA); NOAT dated Mar. 13, 2000 in Docket DOT-OST-2000-

6803 (Austrian); NOATs dated Mar. 2, 2010 in Docket DOT-OST-2010-0024 and Jun. 9, 2010 in Docket 

DOT-OST-2010-0024 (Brussels Airlines); Order 98-4-8 (undocketed) and NOAT dated Oct. 21, 2009 in 

Docket DOT-OST-2009-0175 (Lufthansa); NOAT dated Oct. 11, 2006 in Docket DOT-OST-2005-22618 

(South African Airways); and NOAT dated Aug. 11, 2005 in Docket DOT-OST-2005-21686 and Sep. 9, 

2010 in Docket DOT-OST-2010-0206 (TAP). By Order 2011-3-14, the Department reissued authorities 

previously issued only to United or Continental in the name of “Continental Airlines, Inc. and/or United 

Air Lines, Inc.” By Order 2013-4-11, the Department reissued the United/Continental authorities on a 

blanket basis to reflect the completion of the United/Continental merger and integration process and 

United’s new corporate name of “United Airlines, Inc.” effective as of March 31, 2013.
Application and Joint Notice 

Page 2

South Africa Air Services Agreement (the “U.S.-South Africa ASA”), as applicable. Republic 

respectfully requests the Department’s prompt approval of this application.[4] In order to 

expedite approval of this application, United will poll carrier representatives and advise the 

Department of the results. 

In addition, pursuant to the Department’s Notice In the Matter of Blanket Notification of 

Code-Share Service to Open Skies Partners and Points, dated February 9, 2009, Republic, 

together with ANA, Austrian, Brussels Airlines, Lufthansa, and TAP, gives blanket notice of 

codeshare services displaying the designator codes of these foreign carriers on flights operated 

by Republic between all U.S. points and between U.S. points and points in any open-skies 

country. And consistent with the authority available under the U.S.-South Africa ASA, Republic 

and South African Airways hereby give notice of codeshare services on flights operated by

Republic on the routes listed on Appendix A. Codeshare services conducted pursuant to this 

joint notice will be limited to those consistent with the provisions of the U.S.-Japan and U.S.-EU 

Open Skies Agreements, and the U.S.-South Africa ASA, as applicable. Republic and the 

applicable foreign carrier will provide the Department with 30-day notices for codeshare services 

to and from non-open-skies countries or of any plan to introduce codeshare services with South 

African Airways in other city pairs not specified in Appendix A.

In support of this Application, Republic states the following:

1. Republic has executed letter agreements with ANA, Austrian, Brussels Airlines, 

Lufthansa, South African Airways, and TAP, to carry the designator codes of these carriers on 

 

[4] Republic requests a waiver of the 45-day advance filing requirement contained in 14 

C.F.R. § 212.10(d)(2). Due to an inadvertent administrative oversight, United has already begun 

displaying the codes of some of the foreign partners covered by this application on Republic’s United 

Express flights. United takes its regulatory compliance obligations very seriously and acted immediately 

to submit this application as soon as this issue came to its attention.
Application and Joint Notice 

Page 3

United Express flights that Republic operates. Redacted copies of these letter agreements are 

attached as Appendix B. 

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.[5] It is also a participant in the United Express commuter program, operating codeshare 

services for United and displaying United’s designator code. As such, United and Republic, as a 

United Express carrier, make these services available to ANA, Austrian, Brussels Airlines, 

Lufthansa, South African Airways, and TAP, thereby increasing the online service offerings 

between United’s North American network and these carriers’ home networks.

3. The requested codeshare authority is fully consistent with the U.S.-Japan and 

U.S.-EU Open Skies Agreements, and the U.S.-South Africa ASA, as applicable. In addition, 

the requested authority is consistent with Department precedent in cases involving similar 

codeshare arrangements between U.S. and foreign air carriers.[6] Pursuant to the terms of such 

agreements, foreign carriers designated by their respective governments to serve the United 

States, such as ANA, Austrian, Brussels Airlines, Lufthansa, South African Airways, and TAP, 

have been authorized to provide foreign air transportation (including codeshare services) 

between the United States and their respective home countries. ANA, Austrian, Brussels 

 

[5]

See Order 2009-9-13 (interstate scheduled certificate) and 2008-4-26 (blanket open-skies 

certificate). 

[6]

See, e.g., Dockets DOT-OST-2011-0004 (Republic/Lufthansa) and DOT-OST-2010-0013 

(Republic/TAP); see also NOAT dated Jan. 30, 2007 in Docket DOT-OST-2006-26817 

(GoJet/Mesa/Shuttle America/SkyWest/South African Airways) and Department Actions dated Apr. 30, 

2014 in Docket DOT-OST-2014-0051 and Apr. 1, 2014 in Docket DOT-OST-2014-0036 (approval of 

similar codeshare arrangements between United Express carriers and United’s foreign carrier partners). 
Application and Joint Notice 

Page 4

Airlines, Lufthansa, South African Airways, and TAP each holds the requisite underlying 

economic authority for purposes of holding out the codeshare services proposed herein.[7] 

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

because it benefits 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 ANA, 

Austrian, Brussels Airlines, Lufthansa, South African Airways, and TAP. 

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

notice requirements imposed on codeshare arrangements. 

6. Republic requests that the Department issue it the requested statements of 

authorization 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.

WHEREFORE, Republic respectfully requests that the Department promptly grant this 

application for statements of authorization, as described above, and such other relief as the 

Department may deem appropriate.

Respectfully submitted,

REPUBLIC AIRLINE INC.

/s/ Ethan J. Blank

Ethan J. Blank

Ethan.blank@rjet.com

Counsel for 

Republic Airline Inc.

CROWELL & MORING LLP

/s/ Gerald F. Murphy

Gerald F. Murphy

Steven J. Seiden

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

United Airlines, Inc.

 

[7]

See Order 2007-4-29 (ANA); Order 2007-11-7 (Austrian); Order 2010-3-11 (Brussels 

Airlines); Order 2008-1-20 (Lufthansa); Order 2010-1-7 (TAP); and NOATs dated Feb. 18, 2011 in 

Docket DOT-OST-1999-6555, Dec. 4, 2012 in DOT-OST-2000-6756, and Apr. 26, 2012 in Docket DOTOST-2002-13366 (South African Airways).
Application and Joint Notice 

Page 5

LUFTHANSA GROUP

/s/ Arthur J. Molins

Arthur J. Molins

arthur.molins@dlh.de

Counsel for 

Deutsche Lufthansa AG and

Austrian Airlines AG

ECKERT SEAMANS CHERIN & 

 MELLOTT, LLC

/s/ Evelyn D. Sahr

Evelyn D. Sahr

esahr@eckertseamans.com

Counsel for

Brussels Airlines NV/SA

HOLLAND & KNIGHT LLP

/s/ Anita M. Mosner

Anita M. Mosner

Jennifer M. Nowak

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Counsel for 

South African Airways SOC Limited 

STEPTOE & JOHNSON LLP

/s/ William Karas

William Karas

Carol Gosain

wkaras@steptoe.com

cgosain@steptoe.com

Counsel for 

TAP PORTUGAL

ZUCKERT, SCOUTT & 

 RASENBERGER, L.L.P.

/s/ Charles J. Simpson, Jr.

Charles J. Simpson, Jr.

David M. Endersbee

cjsimpson@zsrlaw.com

dmendersbee@zsrlaw.com

Counsel for 

All Nippon Airways Co., Ltd.

May 16, 2014

APPENDIX A
Republic d/b/a United Express-South African Airways Codeshare Points

U.S. GATEWAYS[8] U.S. POINTS

Chicago

Los Angeles

Miami

New York

Philadelphia

Washington, DC

Atlanta

Baltimore

Boston

Cincinnati

Cleveland

Dallas/Ft. Worth

Denver

Detroit

Ft. Lauderdale

Houston

Las Vegas

Minneapolis/St. Paul

New Orleans

Orlando

Phoenix

Pittsburgh

Portland

Raleigh/Durham

Salt Lake City

San Diego

San Francisco

Seattle

St. Louis

Tampa

West Palm Beach

 

[8] The South African Airways/Republic codeshare services will encompass 

codesharing between these U.S. gateways, as well as between these U.S. gateways, on the one 

hand, and points in the U.S. that are currently designated for codeshare services under the U.S.-

South Africa ASA (as listed in the “U.S. Points” column), on the other hand.
APPENDIX B