BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Joint Application and Notice of :

 :

GOJET AIRLINES LLC : Docket DOT-OST-2012-_____

MESA AIRLINES, INC. :

REPUBLIC AIRLINE INC. :

SHUTTLE AMERICA CORP. :

SKYWEST AIRLINES, INC. :

 :

for Statements of Authorization pursuant to :

14 C.F.R. Part 212 (Air New Zealand Code Share) :

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

JOINT APPLICATION OF GOJET, MESA, REPUBLIC, SHUTTLE AMERICA 

AND SKYWEST FOR STATEMENTS OF AUTHORIZATION

AND JOINT BLANKET CODE SHARE NOTICE

Communications with respect to this document should be sent to those listed on the following page:

Hershel I. Kamen

Senior Vice President–Alliances,

 Regulatory and Policy

Daniel A. Weiss

Managing Director-International

 Affairs and Regulatory

UNITED AIR LINES, INC.

77 West Wacker Drive

10th Floor HDQIZ

Chicago, IL 60601

(312) 997-7573

hershel.kamen@united.com

dan.weiss@united.com

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

steve.morrissey@united.com

November 15, 2012

 

Thomas Newton Bolling

Vice President and Deputy General Counsel

Jonathan T. Linde

Managing Director and Senior CounselRegulatory 

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

 

Josh Romanow

Pillsbury Winthrop Shaw Pittman LLP

2300 N Street, NW

Washington, DC USA 20037

(202) 663-9264

romanow@pillsburylaw.com

Counsel for AIR NEW ZEALAND 

LIMITED

NOTICE: The Joint Applicants request expedited treatment of this application. United, in filing this 

application on their behalf, will poll U.S. carrier representatives and advise the Department of the results.
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

Joint Application and Notice of :

 :

GOJET AIRLINES LLC : Docket DOT-OST-2012-_____

MESA AIRLINES, INC. :

REPUBLIC AIRLINE INC. :

SHUTTLE AMERICA CORP. :

SKYWEST AIRLINES, INC. :

 :

for Statements of Authorization pursuant to :

14 C.F.R. Part 212 (Air New Zealand Code Share) :

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

JOINT APPLICATION OF GOJET, MESA, REPUBLIC, SHUTTLE AMERICA 

AND SKYWEST FOR STATEMENTS OF AUTHORIZATION

AND JOINT BLANKET CODE SHARE NOTICE

GoJet, Mesa, Republic, Shuttle America, and SkyWest1d/b/a United Express 

(collectively, “Joint Applicants”) jointly apply2for blanket statements of authorization pursuant 

to Part 212 of the Department’s regulations to facilitate code share services with Air New 

Zealand, which is a code share partner of United.3 Specifically, the Joint Applicants request 

authorization to display Air New Zealand’s “NZ” designator code on flights operated by them as 

United Express carriers between points in the United States and between U.S. points and points 

in third countries. The Joint Applicants respectfully request the Department’s prompt approval 

of this application so that the marketing and sale of these code share services can begin without 

 

1 Common names are used for airlines.

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

3

See, Department approval dated August 6, 1999 in DOT-OST-1999-6013. 
Joint Application and Notice

Page 2

delay. In order to expedite approval of this application,

4 United will poll carrier representatives 

on behalf of the Joint Applicants and Air New Zealand 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, the Joint 

Applicants together with Air New Zealand, give blanket notice of code share services displaying 

the “NZ” designator code on flights operated by the Joint Applicants between all U.S. points and 

between U.S. points and points in any Open Skies country.5 Code share services conducted 

pursuant to this notice will be limited to those consistent with the provisions of the U.S.-New 

Zealand Open Skies Agreement, and other applicable Open Skies Agreements. The Joint 

Applicants and Air New Zealand will provide the Department with 30-day notices for code share 

services to and from non-Open Skies countries.

In support of this Application, the Joint Applicants state as follows:

1. Air New Zealand has agreed to the display of the “NZ” designator code on flights 

operated by the Joint Applicants. A redacted copy of the agreement is attached hereto.6 

2. The Joint Applicants are air carriers holding certificates of public convenience 

and necessity and exemptions authorizing them to operate scheduled air services in the United 

States and foreign markets.7 They are also participants in the United Express commuter 

 

4 To the extent necessary, the Joints Applicants request waiver of the 45-day advance filing requirement 

contained in 14 C.F.R. §212.10(d)(2).

5 The Joint Applicants will, to the extent necessary, obtain any necessary authorizations prior to 

commencing service in any third country on behalf of United Express.

6

Pursuant to this agreement, the “NZ” designator code will also be displayed on flights operated by 

United Express carriers operating aircraft with fewer than 60 seats. These carriers are excluded from this 

application since Department regulations exempt such operations from the statement of authorization 

requirement. See 14 CFR §§ 206.5, 212.1 and 298.11. 

7

See, for example, Order 2011-12-18 and Notice of Action Taken dated December 9, 2011 in Docket 

DOT-OST-2009-0348 (GoJet); Orders 1998-7-6 and 2008-4-26 (Mesa); Orders 2009-9-13 and 2008-4-26 
Joint Application and Notice

Page 3

program, operating code share services for United and displaying United’s designator code, as 

well as those of certain of United’s foreign code share partners. As such, United and its United 

Express carriers wish to make these services available for code share purposes to Air New 

Zealand, thereby increasing the online service offerings between United’s North American 

network and Air New Zealand’s Pacific network.

3. The requested code share authorizations are fully consistent with the U.S.-New 

Zealand Open Skies Agreement and with Department precedent in cases involving similar code 

share arrangements between U.S. and foreign air carriers.8 Pursuant to the terms of such 

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

States, such as Air New Zealand, have been authorized to provide foreign air transportation 

(including code share services) between the United States and their respective home countries. 

Air New Zealand already holds the requisite underlying economic authority for purposes of 

holding out the code share services proposed with the Joint Applicants.

9

 

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 Air New Zealand’s U.S. 

gateways. 

5. Each of the Joint Applicants agrees to accept the Department’s standard 

conditions and notice requirements imposed on code share arrangements. 

 

(Republic); Orders 1998-11-15, 2008-4-26 and 2009-3-16 (Shuttle America); and Orders 1998-7-6 and 

2008-4-26 (SkyWest). 

8

See, Dockets DOT-OST-2012-0125, -2012-0157, and -2012-0161 in which the Department approved 

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

among others. 
Joint Application and Notice

Page 4

6. The Joint Applicants request that the Department issue statements of authorization 

for an indefinite period, consistent with Department practice.

7. The Joint Applicants are not CRAF participants, so issuance of the requested 

blanket statements of authorization will not affect the CRAF program.

For the foregoing reasons, the Joint Applicants respectfully request expedited approval of 

this application and that the Department grant them the blanket statements of authorization as

described above for an indefinite period, consistent with the Department’s practice in other code 

share proceedings, and such other relief as the Department considers consistent with this 

application and the public interest. 

Respectfully submitted, 

Dan Weiss

Managing Director – International and

 Regulatory Affairs

 UNITED AIR LINES, INC.

Submitted on behalf of:

David J. A. Hayes III, Esq.

For GOJET AIRLINES LLC

Vice President and General Counsel

Trans States Holdings, Inc.

11495 Navaid Road

St. Louis, MO 63044

Chris Pappaioanou

For MESA AIRLINES, INC.

Vice President and General Counsel

410 N. 44th Street, Suite 700

Phoenix, AZ 85008

 

9 Air New Zealand holds a foreign air permit authorizing scheduled and charter operations pursuant to the 

U.S.-New Zealand Open Skies Agreement. See Order 2001-1-4.

Josh Romanow

Pillsbury Winthrop Shaw Pittman LLP

Counsel for AIR NEW ZEALAND 

LIMITED
Joint Application and Notice

Page 5

Ethan J. Blank

For REPUBLIC AIRLINE INC. 

Vice President and General Counsel

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

Scott Durgin

For SHUTTLE AMERICA CORP.

Vice President – Administration

8909 Purdue Road, Suite 300

Indianapolis, IN 46268

Todd C. Emerson

For SKYWEST AIRLINES, INC.

Director–Government and Legal Affairs

444 South River Road

St. George, UT 84790
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

robert.wirick@aa.com

rsilverberg@sgbdc.com (ABX/Air Transport Intl.)

jrichardson@johnlrichardson.com (Amerijet)

jcanny@amerijet.com

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 (Frontier)

jhill@dowlohnes.com (Hawaiian/JetBlue)

matwood@cozen.com (Kalitta)

kevin.montgomery@polaraircargo.com

bob.kneisley@wnco.com (AirTran/Southwest)

leslie.abbott@wnco.com (AirTran/Southwest)

dkirstein@yklaw.com (Spirit)

jyoung@yklaw.com (Spirit)

john.fredericksen@suncountry.com

anita.mosner@hklaw.com (UPS)

jennifer.nowak@hklaw.com (UPS)

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

 

Annalei Avanceña 

International Regulatory Advisor

United Air Lines, Inc.

November 15, 2012