Shuttle America

Shuttle America intends to terminate all of its scheduled services atBED on or about May 1, 2004. Shuttle America currently operates one daily roundtrip flight and four roundtrip flights per day on weekdays (with the exception of one flight that is not operated on Fridays) between BED and Trenton, NJ (TTN) using Saab 340 aircraft.

BED is a short distance from Boston's Logan International Airport, a large hub airport, so the Bedford community will continue to receive more than adequate service. In any event, since the Department is prohibited from paying a subsidy for service to Bedford because Bedford is located within 70 miles of a large hub, the Department is precluded from prohibiting Shuttle America from terminating service after the end of the 90‑day notice period.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

OST-04-17010 - Intent to Terminate Service at Hagerstown, MD

January 30, 2004

Shuttle America intends to terminate all of its scheduled services atHGR on or about May 1, 2004. Shuttle America currently operates three roundtrip flights per day on weekdays and two roundtrip flights per day on weekends between HGR and Pittsburgh (PIT) using Saab 340 aircraft. 4. Order 83-6-70 defines essential air service at HGR as two daily nonstop roundtrip flights to either Baltimore or Washington, with sufficient capacity to accommodate 40 enplanements each day. No other carrier serves HGR.

HGR is within 70 driving miles of Dulles International Airport, a large hub. Accordingly, the Department is prohibited from paying a subsidy for service to HGR, and may not prohibit Shuttle America from terminating service after the end of the 90‑day notice period.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

OST-04-17013 - Intent to Terminate Service at Lynchburg, VA

January 30, 2004

Shuttle America intends to terminate all of its scheduled services at LYH on or about May 1, 2004. Shuttle America currently operates three roundtrip flights between LYH and Pittsburgh, PA (PIT) -- one daily, one daily except Saturday, and one daily except Sunday -- using Saab 340 aircraft.

US Airways Express carrier Air Midwest operates five nonstop flights between LYH and Charlotte (CLT) (one daily, two daily except Saturday, and two daily except Sunday). Delta Connection carrier Atlantic Southeast Airlines operates three daily nonstop flights between LYH and Atlanta (ATL). In light of the substantial remaining service at LYH, Shuttle America submits that the essential air service requirements of the Lynchburg community will continue to be fully met.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

OST-04-17011 - Intent to Terminate Service at Trenton, NJ

January 30, 2004

Shuttle America intends to terminate all of its scheduled services at TTN on or about May 1, 2004. Shuttle America currently operates one roundtrip flight each weekday between TTN and Pittsburgh (PIT) using Saab 340 aircraft. Shuttle America also operates one daily roundtrip flight and four roundtrip flights per day on weekdays (with the exception of one flight that is not operated on Fridays) between TTN and Bedford, MA (BED) using Saab 340 aircraft.

TTN is within 70 driving miles of Philadelphia International Airport, a large hub. Accordingly, the Department is prohibited from paying a subsidy for service to TTN, and may not prohibit Shuttle America from terminating service after the end of the 90‑day notice period.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

OST-04-17012 - Intent to Terminate Service at Williamsport, PA

January 30, 2004

Amendment to 90-Day Notice of Intent to Terminate Service

Shuttle America intends to terminate all of its scheduled services at IPT on or about May 1, 2004. Shuttle America currently operates four roundtrip flights between IPT and Pittsburgh (PIT) ‑‑ two daily, one daily except Saturdays, and one weekdays‑only ‑‑ using Saab 340 aircraft.

Allegheny Airlines, Inc., another US Airways Express carrier, currently operates two roundtrip flights between IPT and Philadelphia (PHL) (one daily and one daily except Saturdays). Shuttle America submits that this remaining service adequately satisfies Williamsport' s essential air service requirements.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

OST-04-17011 - Intent to Terminate at Trenton, NJ

February 11, 2004

Shuttle America Corporation hereby amends its January 30, 2004 notice of intent to terminate service at Trenton, NJ by changing the termination date from May 1 to May 31, 2004.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

OST-04-17010 - Intent to Terminate Service at Hagerstown, MD

February 20, 2004

Answer of Shuttle America to Objection of Hagerstown

Editor's Note: Hagerstown's Objection Has Not Been Made Part of The Docket

Shuttle America sympathizes with Hagerstown's desire to maintain scheduled airline service. Unfortunately, market circumstances make it impossible for Shuttle America to continue to provide this service. The Department of Transportation and Related Agencies Appropriations Act of 2000 (Pub. L. 106‑69) precludes the Department from providing subsidy or "holding in" Shuttle America because Hagerstown is located less than 70 miles driving distance from a medium or large hub airport, namely, Washington Dulles International Airport.

Hagerstown claims, based on driving directions from an internet website, that the HRG airport is 73.97 miles from Dulles. But, the Department previously conducted its own analysis and determined that Hagerstown is substantially less than 70 miles from Dulles: Using a 1996 Rand McNally software program, we have measured the distance from the center of Hagerstown to the entrance of Dulles International Airport as 57 miles.

Counsel: Shaw Pittman, Robert Cohn, 202-663-8060

OST-04-17010 - Intent to Terminate Service at Hagerstown, MD

February 19, 2004

Objection of Hagerstown Regional Airport to Notice of Intent to Terminate Service | Word

The Hagerstown Regional Airport respectfully requests that the Department of Transportation prohibit the termination of service by Shuttle America Corporation and require that Shuttle America Corporation continue to provide basic air service pursuant to 49 U.S.C. §41734 until another air carrier is found. It is further requested that the Department make every effort to find another air carrier to provide such service to Hagerstown, by requesting service and subsidy proposals from carriers interested in providing essential air service for compensation in accordance with 49 U.S.C. §41733, and/or by issuing an order establishing an interim or final subsidy rate for Shuttle's continued service after May 1, 2004.

By: Carolyn Motz, 240-313-2777, cmotz@washco-md.net

OST-02-11448 - Chautauqua - Notice of Intent to Terminate Service Hagerstown, MD
OST-04-17010 - Shuttle America - Notice of Intent to Terminate Service Hagerstown, MD

April 5, 2004

Re: Answer of Shuttle America to Petition for Reconsideration of Regional Aviation Partners

Pursuant to 14 C.F.R. 302.14, Shuttle American Corporation hereby answers in opposition to the Petition for Reconsideration submitted by the Regional Aviation Partners contesting (i) the Department's approval of Shuttle America's notice of intent to terminate service at Hagerstown (Order 2004-3-19), and (ii) the Department's prior determination that Hagerstown did not qualify for EAS subsidy because it was located less than 70 highway miles from Dulles International Airport (Order 2002-3-22). There is no merit to RAP's Petition, which should be dismissed.

First, as a preliminary matter, Shuttle America notes that US Airways has announced that Allegheny Airlines will begin service between HGR and Pittsburgh on May 2, 2004. Allegheny will provide three flights a day with 37 seat deHavilland Dash 8 aircraft, thereby maintaining uninterrupted service to the community. Thus, the circumstances giving rise to this case have largely been overtaken by events.

Second, the Department's determination in Order 2004-3-19 allowing Shuttle America to terminate service, as well as the Department's prior determination in Order 2002-3-22 that Hagerstown was less than 70 miles from Dulles Airport, were entirely correct and fully consistent with existing law, including the recently enacted provisions of Vision 100. Try as it might, RAP's Petition cannot change the fact that Hagerstown is located less than 70 miles from Dulles Airport - and that the law precludes payment of EAS subsidy in such circumstances.

Exhibit (US Airways Express to Replace Current Commuter Air Carrier at Hagerstown, March 5, 2004, Associated Press)

Counsel: Shaw Pittman, Alexander Van der Bellen, 202-663-8060

Air Wisconsin Airlines Corporation / Chautauqua Airlines, Inc. / Mesa Airlines, Inc. / Republic Airline, Inc. / Shuttle America Corp. / SkyWest Airlines, Inc. / Trans States Airlines, Inc.

OST-04-17986 - Codesharing Statement of Authorization

May 28, 2004

Joint Application of Air Wisconsin, Chautauqua, Mesa, Republic, Shuttle America, SkyWest, and Trans States for a Statement of Authorization

Over the forthcoming weeks, ACA is due to terminate all of its services as a United Express carrier. United has entered into agreements with each of the Joint Applicants to operate those flights in place of ACA. The foreign carrier partners, however, (with a few exceptions') do not have pre-existing code-share relationships with any of the Joint Applicants and, therefore, additional authorization from the Department is required to enable them to continue to display their designator codes on established United Express routes currently operated by ACA.

In order to ensure continuity of service for the foreign carrier partners' passengers who wish to utilize those United Express services as part of itineraries in foreign air transportation, the Joint Applicants request a statement of authorization for a limited duration of 90 days. Prior to the expiration of that initial period, the Joint Applicants expect to file with the Department in this docket definitive code-share agreements with the foreign carrier partners along with a request that the Department, subject to its review of those agreements and consistent with Department policy, grant a statement or statements of authorization of indefinite duration, subject to the usual conditions the Department generally attaches to such code-share authority. In addition to facilitating continuity of existing code-share service for passengers, approval of this joint application will help to minimize the regulatory burden on the Department arising from the operational change-over of United Express services from ACA to the Joint Applicants.

By: Wilmer Cutler, Jeffrey Manley and David Heffernan, 202-663-6670, jeffrey.manley@wilmer.com and david.heffernan@wilmer.com

OST-04-17986 - Codesharing Statement of Authorization

Filed May 28, 2004 | Issued July 6, 2004

Department Action on Application (Tran States and Austrian)

For a 90-day period, enable the Joint Applicants to carry the codes of certain foreign carriers (described below) on services that Joint Applicants operate as United Express, pending finalization and Departmental review of relevant contractual agreements. The Joint Applicants state that such Statement of Authorization will facilitate continuity of code-share services offered by certain foreign carriers, all of which are members of the Star Alliance and code-share partners of United Air Lines, Inc., on United Express flights heretofore operated between U.S. points by Atlantic Coast Airlines, Inc. (ACA) Each of the Joint Applicants requests authorization to display the two-letter designator code of any of the foregoing foreign carrier partners on flights operated by that Joint Applicant as United Express between any points in the United States. The Joint Applicants notify the Department that they intend to code share between Chicago (ORD) and/or Washington, DC (IAD), on the one hand, and other U.S. points, on the other, as listed in Attachment A, as initial points of service.

By: Karan Bhatia

OST-04-17986 - Codesharing Statement of Authorization

Date of Action August 31, 2004

By: Linda Senese

Date of Action August 31, 2004

Department Action on Application (Tran States and bmi)

By: Linda Senese

OST-04-17986 - Codesharing Statement of Authorization

September 17, 2004

Joint Application for Extension of Interim Statement of Authorization

Hereby jointly apply for a 90-day extension of the blanket statement of authorization the Department issued to them on an interim basis pursuant to the Notice of Action Taken dated July 6, 2004 in the above-captioned docket. That statement of authorization is due to expire on October 4, 2004.

The Joint Applicants and the foreign carrier partners have been working to conclude formal code-share agreements between and among them. In accordance with the terms of the July 6 NOAT, once each of those agreements is signed, it is submitted to the Department for review, along with a request that the Department issue to the signatory carriers a definitive blanket statement of authorization of indefinite duration. Although that process is ongoing, it has taken longer than United and the Joint Applicants originally anticipated. As a result, the Joint Applicants do not anticipate that all of these code-share agreements will be completed, signed, and submitted to the Department in sufficient time to enable it to issue definitive statements of authorizations with respect to each agreement before the interim statement of authorization expires on October 4, 2004.

By: Wilmer Cutler, Jeffrey Manley and David Heffernan, 202-663-6670, jeffrey.manley@wilmer.com and david.heffernan@wilmer.com

OST-04-17986 - Codesharing Statement of Authorization

September 30, 2004

Codeshare Agreement between Air Wisconsin and Austrian Airlines

Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com

September 30, 2004

Codeshare Agreement between Mesa Airlines and Lufthansa

Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com

September 30, 2004

Codeshare Agreement between Tran States and Lufthansa

Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com

OST-04-17986 - Codesharing Statement of Authorization

Filed September 17, 2004 | Issued October 4, 2004

Re: Letter of Intent to Notify the Department of any New City Pairs

On September 17, 2004, the Joint Applicants filed in this Docket a request for extension of the interim statements of authorization for an additional 90-day period. The Joint Applicants state that it has taken longer than they anticipated to complete the contractual arrangements described above, and that a 90-day extension will afford them additional time they need to conclude this process.

By: Paul Gretch

OST-04-17986 - Codesharing Statement of Authorization

October 14, 2004

By letters dated September 30, 2004 and October 1, 2004, the undersigned submitted separate Code Share Agreements signed by Trans States Airlines, Inc. and Mesa Airlines, Inc. with Deutsche Lufthansa AG. These agreements were submitted pursuant to the terms of a Notice of Action Taken dated July 6, 2004 (as extended by Notice of Action Taken dated October 4, 2004), which authorizes Trans States, Mesa, and certain other U.S. carriers to carry the designator codes of certain foreign carriers on services operated as United Express. Attachment A to the NOAT contains an initial list of U.S. city pairs in which such code sharing is authorized. Pursuant to Condition (b) of the NOAT, the carriers subsequently filed a revised list of U.S. city pairs (Joint Application, Sept. 17, 2004, Attachment) and included in the above-referenced September 30 letter a notification for code sharing between Washington, D.C. and Toronto.

This letter confirms that, because Trans States/Lufthansa and Mesa/Lufthansa do not presently contemplate code sharing in any city pairs other than those already notified to the Department in this docket, their code-share agreements do not reference any specific city pairs. If, however, Trans States/Lufthansa or Mesa/Lufthansa intend to code share in any city pair not previously notified to the Department, they will furnish such notice no later than 30 days in advance, as required by the Condition (b) of the NOAT.

Counsel: Wilmer Cutler, David Heffernan, 202-663-6360, david.heffernan@wilmerhale.com

Air Wisconsin Airlines Corporation / Chautauqua Airlines, Inc. / Mesa Airlines, Inc. / Republic Airline, Inc. / Shuttle America Corp. / SkyWest Airlines, Inc. / Trans States Airlines, Inc.

OST-04-17986 - Codesharing Statement of Authorization

Date of Action December 8, 2004

Action on Applications

On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Trans States Airlines, Inc., that would operate as United Express carriers in operations between points in the United States in code‑share arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On September 30, 2004, Trans States Airlines submitted its code‑share agreement with Deutsche Lufthansa AG.

On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Air Wisconsin Airlines Corporation, that would operate as United Express carriers in operations between points in the United States in codeshare arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On September 30, 2004, Air Wisconsin Airlines Corporation submitted its code‑share agreement with Austrian Airlines.

On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Mesa Airlines, Inc., that would operate as United Express carriers in operations between points in the United States in code‑share arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On October 1, 2004, Mesa Airlines submitted its codeshare agreement with Deutsche Lufthansa AG.

On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Air Wisconsin Airlines Corporation, that would operate as United Express carriers in operations between points in the United States in codeshare arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On October 8, 2004, Air Wisconsin Airlines Corporation submitted its code‑share agreement with British Midland Airways Ltd.

On July 6, 2004, the Department granted a limited statement of authorization to seven U.S. carriers, one of which was Trans States Airlines, Inc., that would operate as United Express carriers in operations between points in the United States in code‑share arrangements with certain named foreign air carriers. In each instance, the U.S. carrier would place the code of the foreign air carrier on the U.S. carrier operations. The limited statement was contingent upon the individual applicant carriers submitting code‑share agreements to the Department for Department approval. On November 30, 2004, Trans States Airlines submitted its code‑share agreement with All Nippon Airways Co. Ltd.

By: Linda Senese

OST-1995-236-358 - Warsaw Agreement

April 21, 2005

Warsaw Agreement

Counsel: Shuttle America Corporation, Scott Durgin

OST-2005-21119 - Exemption - US-Canada

April 28, 2005

Notice of Registration of Trade Name

Hereby applies, pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice in Proceedings, for an exemption from 49 U.S.C. § 41101 to permit Shuttle America to provide scheduled foreign air transportation of persons, property and mail between points in the United States and points in Canada, and to integrate such authority with Shuttle America's other exemption and certificate authority to the extent permitted by international agreements. Shuttle America requires such authority to operate U.S.-Canada service using large jet aircraft under code-share fee for service arrangements with one or more major U.S. air carriers, as warranted by market conditions.

Shuttle America intends to commence ERJ‑170 service on or about June 1, 2005. Shuttle America's service with ERJ‑170 aircraft will include flights between the United States and Canada to accommodate the service requirements of its major U.S. airline code‑share partners.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

Issued April 28, 2005 | Served April 29, 2005

On April 28, 2005, we orally advised Shuttle America that we had registered "United Express" as a trade name for the carrier. We confirm that action here.

On March 16, 2005, Shuttle America requested that the Department approve the carrier's proposed change in ownership. In its request, Shuttle America indicated that it intended to conduct scheduled flights as "United Express" under a fee‑for‑service agreement with United Air Lines, Inc. On April 6, 2005, the Department approved Shuttle America's ownership change.

By: Randall Bennett

OST-2005-21119 - Exemption - US-Canada

May 6, 2005

Re: US-Canada Polling Results

Counsel: Hogan & Hartson, Robert Cohn, 202-637-3600, RECOHN@HHLAW.COM

OST-2005-21119 - Exemption - US-Canada

Filed April 29, 2005 | Served May 27, 2005

Notice of Registration of Trade Name

Scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Canada. Shuttle America also requests authority to integrate this authority with its existing certificate and exemption authority.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department's regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not alter its effectiveness.

By: Paul Gretch

June 30, 2005

On June 28, 2005, Shuffle America Corporation (Shuffle America), a certificated air carrier, requested that the Department register the trade name "Delta Connection" for use in certain of its air transportation operations conducted under a fee-for-service agreement with Delta Airlines, Inc. Shuttle America has previously registered other trade names. It continues to use the trade name "United Express" in certain of its operations.

By: Randall Bennett

OST-1996-1960 - Requirement that Air Carriers Amend Plans to Address the Needs of Families of Passengers Involved in Aircraft Accidents

August 11, 2005

Re: Aviation Disaster Family Assistance Act of 1996

Shuttle America Airlines, Inc. operates as a United Express carrier. The United Airlines Family Assistance Plan on file with your office details coverage of this operation as required by the amended Aviation Disaster Family Assistance Act of 1996, as well as the requirements specified in Vision 100.

Effective September 1, 2005, Shuttle America Airlines will also operate as a Delta Connection carrier. The Delta Air Lines Family Assistance Plan on file with your office details coverage of this operation as required by the amended Aviation Disaster Family Assistance Act of 1996, as well as the requirements specified in Vision 100.

By: Shuttle America, Lee Hays

OST-2005-21724 - Exemption - Salt Lake City-Mazatlan

September 1, 2005

Postponed Startup Service - Salt Lake City-Mazatlan

Please be advised that startup of Shuttle America's proposed service between Salt Lake City and Mazatlan, Mexico has been postponed from December 1, 2005, to March 1, 2006. Shuttle America requests issuance of the requested authority as soon as possible to facilitate advance marketing and regulatory filings which must be made with the DGAC. However, Shuttle requests that any dormancy condition relating to this authority run from March 1, 2006.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhalw.com

OST-1996-1960 - Requirement that Air Carriers Amend Plans to Address the Needs of Families of Passengers Involved in Aircraft Accidents

September 6, 2005

Re: Aviation Disaster Family Assistance Act of 1996

Shuttle America Airlines, Inc., operates as a United Express carrier. The United Airlines Family Assistance Plan on file with your office details coverage of this operation as required by the amended Aviation Disaster Family Assistance Act of 1996, as well as the requirements specified in Vision 100.

By: Shuttle America, Lee Hayes

OST-2005- US-Canada Blanket Codeshare

November 9, 2005

Application for a Blanket Statement of Authorization

Shuttle America Corporation hereby applies for a blanket statement of authorization enabling Shuttle America to carry Air Canada's "AC" designator code on Air Canada's foreign air transportation services to and from the United States. The proposed blanket codeshare services are fully consistent with the Air Transport Agreement between the Government of the United States of America and the Government of Canada.

Shuttle America and Air Canada plan to begin U.S.-Canada codeshare operations on or about December 18, 2005, and accordingly request approval of this application at the earliest possible date. Shuttle America is conducting a poll of the carrier representatives on the attached service list and will advise the Department of the results.

The initial routes planned for implementation on December 18 are as follows:

Washington-Montreal
Chicago-Ottawa
Chicago-Montreal

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

OST-2005-22989 - US-Canada Blanket Codeshare

Filed November 9, 2005 | Approved December 2, 2005

Department Action on Application

Application of Shuttle America Corporation for a blanket statement of authorization to display the designator code of Air Canada on U.S.-Canada flights and also, within U.S. flights on services held out by Air Canada. These flights will be operated by Shuttle America as a United Express carrier under an arrangement with United Air Lines.

The Air Canada designator code (AC) will initially be displayed on flights operated by Shuttle America on or about December 18, 2005, in the following markets: Washington-Montreal, Chicago-Ottawa and Chicago-Montreal.

By: Gerald Caolo

OST-2005-22989 - US-Canada Blanket Codeshare

December 12, 2005

30-Day Notice

Pursuant to the blanket statement of authorization issued by the Department on December 2, 2005 in the captioned docket, Shuttle America Corporation hereby provides notice that it may display Air Canada's "AC" designator code flights operated by Shuttle America between the U.S. and Canadian points listed in Exhibit 1. Such services may be provided either on a nonstop or connecting basis, and will consist solely of Air Canada passengers traveling in foreign air transportation. This notification and attendant codeshare operational flexibility are consistent with the approach the Department has taken with respect to blanket codeshare notifications involving other open skies countries.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

OST-2005-23354 - Motion to Withhold Information from Public Disclosure - Form 41

December 12, 2005

Motion to Withhold Information from Public Disclosure - Bookmarked

Shuttle America Corporation hereby files this motion to withhold from public disclosure certain information contained in Shuttle's Form 41 reports submitted herewith under seal. The information is being reported to the Department in accordance with the requirements of 14 C.F.R Part 241 relating to the third quarter of 2005 and the Interim Operations Report for the month ended October 31, 2005.

On June 1, 2005, Shuttle launched its scheduled passenger operations using Embraer EMB-170 "large" aircraft. Shuttle is herewith filing its first Form 41 reports with the Department.

Shuttle is seeking confidential treatment of certain line items redacted on its Form 41 quarterly report for the third quarter of 2005 on Schedules B-1, B-7, B-12, P-1.2, P-5.1, and P-6, as well as certain line items redacted on Schedule P-1(a) for Shuttle's Interim Operations Report for the month ended October 31, 2005.

Shuttle requests confidential treatment of highly competitively sensitive information pertaining to Shuttle's operating costs and profits for its large aircraft operations. Because Shuttle operates only a single aircraft type for two mainline code-share carriers, the public disclosure of such information would likely cause substantial competitive harm to Shuttle by allowing third parties to calculate with precision Shuttle's aircraft and operating costs, and code-share agreement profit margins.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

OST-1996-1960 - Family Assistance Plan

December 19, 2005

Updated Family Assistance Plan

This letter covers independent operations for Shuttle America, and does not replace the Family plan we have on file for our code shares (DL & UA).

By: Shuttle America, Lee Hays

OST-2005-23354 - Shuttle America - Form 41 Motion
OST-2005-23355 - Republic Airlines - Form 41 Motion

December 30, 2005

Response of Frontier Airlines to Shuttle America's and Republic Airlines' Motions to Withhold Certain Information from Public Disclosure

Shuttle America and Republic Airlines filed motions to withhold from public disclosure certain information contained in their Form 41 reports. Shuttle and Republic assert that public disclosure of such information would likely cause them substantial competitive harm. Shuttle and Republic contend that the competitive harm that will result from public disclosure of their financial information is "unique" to them because Shuttle operates only a single type of aircraft for two unaffiliated mainline partners and Republic operates only a single aircraft type for only one unaffiliated mainline partner.

Shuttle's and Republic's requests for non‑disclosure to the public of certain information are overly broad and raise significant issues that should be considered more fully and carefully.

Counsel: Wiley Rein, Edward Faberman, 202-719-7402, efaberman@wrf.com

BTS-2004-19380 - Request for Public Comments on 14 CFR Part 241 Reporting Requirements
OST-2005-20112 - Notice of Regulatory Review

OST-2006-23965 - US-Japan Blanket Codesharing with ANA

February 14, 2006

Application for Blanket Codesharing with All Nippon Airways - Bookmarked

Shuttle America hereby applies for a blanket statement of authorization enabling Shuttle America to display the "NH" designator code of All Nippon Airways Co., Ltd. on flights operated by Shuttle America in conjunction with ANA's foreign air transportation services to and from the United States and beyond. The proposed blanket codeshare services are fully consistent with the U.S-Japan Civil Air Transport Agreement, as amended. Shuttle America and ANA plan to begin these codeshare operations on or about March 6, 2006, and request approval of this application at the earliest possible date. Shuttle America requests that the statement of authorization remain in effect indefinitely, consistent with Department practice.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

OST-2005-22989 - US-Canada Blanket Codeshare

March 3, 2006

30-Day Notice

Shuttle America provides notice that it intends to display Air Canada's "AC" designator code flights operated by Shuttle America between a point or points in the United States and Halifax, Nova Scotia. Shuttle America plans initially to serve Halifax from Washington (IAD) beginning on or about June 8, 2006.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderbellen@hhlaw.com

OST-2006-24218 - Exemption - US-Bahamas

March 15, 2006

Shuttle America requires exemption authority to commence Saturday-only ERJ-170 service between Washington (Dulles) and Nassau on or about June 10, 2006 under its "United Express" fee for service arrangement with United Air Lines, Inc. Shuttle America's anticipates that it may also operate other flights between the United States and Bahamas in the future to accommodate additional service requirements of United, and Shuttle America's other major U.S. airline code-share partners. Accordingly, to maximize its flexibility to introduce new services, Shuttle America requests that its exemption authorize it to use large aircraft on any U.S.-Bahamas route.

Shuttle America requests that this exemption authority be granted as soon as possible and remain in effect for a period of at least two years, or until 90 days after final action is taken on an application of Shuttle America for U.S.-Bahamas certificate authority, whichever occurs earlier.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2006-24218 - Exemption - US-Bahamas

March 21, 2006

Shuttle America has completed its poll of all carrier representatives served with the above-captioned application and determined that there are no objections to this request.

Counsel: Hogan & Hartson, Alexander Van der Bellen, 202-637-8382, sascha.vanderballen@hhlaw.com

OST-2006-24218 - Exemption - US-Bahamas

Filed March 15, 2006 | Issued March 31, 2006

Motion for Confidential Treatment

Scheduled foreign air transportation of persons, property, and mail between points in the United States and points in the Bahamas, and authority to integrate this authority with its existing certificate and exemption authority. Shuttle America requests this authority to operate the service using large jet aircraft under code-share fee for service arrangements with one or more major U.S. air carriers.

By: Paul Gretch

OST-2005-23354 - Form 41 - Schedule B-43

April 6, 2006

Shuttle America Corporation hereby submits this motion to withhold from public disclosure certain information contained in Shuttle's Form 41, Schedule B-43, Inventory of Airframes and Aircraft Engines, for the year ended December 31, 2005.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

OST-2006-23965 - US-Japan Blanket Codesharing with ANA

Filed February 14, 2006 | Approved July 13, 2006

Department Action on Application

Application of Shuttle America Corporation for a blanket statement of authorization to display the designator code of All Nippon Airways, “NH", on flights operated by Shuttle America, in conjunction with foreign air transportation services held out by All Nippon Airways, (a) between any points in the United States and (b) any point or points in the United States and any point or points in third countries. These flights will be operated by Shuttle America as a United Express carrier under an arrangement with United Air Lines.

The All Nippon Airways designator code (NH) will initially be displayed on flights operated by Shuttle America to many United States points and a few Canadian points.

By: Gerald Caolo

OST-2006-26712 - Exemption - US-Jamaica

December 20, 2006

On or about March 16, 2007, Shuttle America plans to begin daily nonstop "Delta Connection" service between Atlanta, Georgia, and Kingston, Jamaica, with 70-seat ERJ-170 aircraft, under the DL* code of Delta Air Lines, Inc. Because flights with 70-seat aircraft do not qualify as small aircraft operations, Shuttle America requires an exemption, under which it desires the flexibility to introduce additional U.S.-Jamaica services in the future as market conditions warrant.

Delta is already authorized to provide U.S.-Jamaica service under its Certificate of Public Convenience and Necessity for Route 152. See DOT Order 1999-2‑8.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2006-26712 - Exemption - US-Jamaica

December 26, 2006

We have polled the U.S. carrier representatives served with the above-referenced application, and no carrier has objected to Shuttle America's request for exemption authority. Shuttle America therefore urges that the exemption be granted as soon as possible.

Counsel: Hogan & Hartson, Patrick Rizzi

OST-2006-26712 - Exemption - US-Jamaica

Filed December 20, 2006 | Issued December 28, 2006

Notice of Additional Codesharing

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Jamaica, directly or via intermediate points, and beyond, and to combine this exemption authority with all existing certificate and exemption authority held by Shuttle America, consistent with applicable international agreements. Shuttle America requests this authority to operate Delta Connection service, using large aircraft, under the DL* code of Delta Air Lines, Inc.

Shuttle America is a commuter carrier certificated to provide scheduled interstate air transportation using aircraft with fewer than 60 seats (Order 1998-11-15). By letter dated April 6, 2005, to Mr. Robert Cohn (Counsel for Shuttle America) from Mr. William Bertram (Chief Air Carrier Fitness Division, Office of Aviation Analysis), the Department authorized Shuttle America to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Shuttle America's operations are performed under a fee-for-service agreement with a major US carrier

By: Paul Gretch

OST-2005-22989 - US-Canada Blanket Codeshare

February 20, 2007

Shuttle America Corporation d/b/a United Express to display the designator code of its foreign code-share partner, Air Canada, Shuttle America hereby notifies the Department that it intends to display Air Canada’s “AC*” designator code on Shuttle America d/b/a United Express flights between and among those cities previously filed with the Department, on the one hand, and the following U.S. cities on the other hand:

Huntsville, AL
Idaho Falls, ID
Kalispell, MT
Palmdale, CA
Rockford, IL
Halifax, Nova Scotia

This notice will take effect for services on or after March 22, 2007. The proposed code-share services are consistent with the bilateral air transport agreement between the United States and Canada.

Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com

OST-2005-21119 - Exemption - US-Canada

March 21, 2007

Application for Renewal and Amendment of an Exemption

Shuttle America Corporation hereby applies under 49 U.S.C. § 40109 for renewal of an exemption authorizing Shuttle America to continue to provide scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Canada. This authority was initially granted by Notice of Action Taken dated May 27, 2005 (Docket OST-2005-21119) for a two-year period expiring May 27, 2007. Shuttle America requests renewal for a period of at least two additional years, or until 90 days after the Department's final determination on an application of Shuttle America for U.S.-Canada certificate authority, whichever occurs earlier. Shuttle America further requests that its renewed exemption authority be amended to allow Shuttle America to integrate this authority with its existing certificate and exemption authority.

Shuttle America continues to operate regional jet service using Embraer 170 airplanes with 70 or more seats under fee-for-service agreements with major U.S. airlines, and the service Shuttle America provides under these agreements includes U.S.Canada routes. Shuttle America anticipates that its transborder service will continue to expand, and requires renewal of its U.S.-Canada exemption authority so it is able to respond promptly to the service requirements of its major U.S. airline code-share partners.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2007-27814 - Exemption - US-Dominican Republic

April 3, 2007

Shuttle America hereby applies for a designation and an exemption authorizing it to provide scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Dominican Republic, directly or via intermediate points, and beyond, and to combine this exemption authority with all of Shuttle America's existing certificate and exemption authority, consistent with applicable international agreements. Shuttle America requests that its exemption authority be granted as soon as possible and remain in effect for a period of at least two years, or until 90 days after the Department's final determination on a Shuttle America application for U.S.-Dominican Republic certificate authority, whichever occurs earlier.

On or about September 4, 2007, Shuttle America plans to begin seasonal nonstop "Delta Connection" service between Atlanta, Georgia, and Punta Cana, Dominican Republic, and between Atlanta, Georgia, and Puerto Plata, Dominican Republic, with 70-seat ERJ-170 aircraft, under the DL* designator code of Delta Air Lines, Inc.

Because flights with 70-seat aircraft do not qualify as small aircraft operations, Shuttle America requires an exemption, under which it desires the flexibility to introduce additional U.S.-Dominican Republic services in the future as market conditions warrant.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2007-27814 - Exemption - US-Dominican Republic

April 4, 2007

We have polled the US carrier representatives served with the above-referenced application, and no carrier has objected to Shuttle America Corporation's request for exemption authority. Accordingly, Shuttle America urges that its application be granted as soon as possible.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2007-27814 - Exemption - US-Dominican Republic

Filed April 3, 2007 | Issued April 9, 2007

Application for a Blanket Statement of Authorization

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Dominican Republic, directly or via intermediate points, and beyond, and to combine this exemption authority with all existing certificate and exemption authority held by Shuttle America, consistent with applicable international agreements. Shuttle America requests this authority to operate Delta Connection service, using large aircraft, under the DL* code of Delta Air Lines, Inc.

Shuttle America is a commuter carrier certificated to provide scheduled interstate air transportation using aircraft with fewer than 60 seats (Order 1998-11-15). By letter dated April 6, 2005 to Mr. Robert Cohn (Counsel for Shuttle America) from Mr. William Bertram (Chief Air Carrier Fitness Division), the Department authorized Shuttle America to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Shuttle America's operations are performed under a fee-for-service agreement with a major US carrier.

By: Paul Gretch

OST-2007-28500 - Statement of Authorization - US Codesharing with bmi

June 12, 2007

Shuttle America Corporation d/b/a United Express hereby applies for a blanket statement of authorization pursuant to Part 212 of the Department’s regulations to facilitate code-share services with British Midland Airways Limited, which is a code-share partner of United Air Lines, Inc. Specifically, Shuttle America requests authorization to display British Midland’s “BD” designator code on flights operated by Shuttle America as a United Express carrier between points in the market list attached hereto as Exhibit A.

United is filing this application on behalf of and with the permission of Shuttle America.

Shuttle America hereby notifies the Department that it intends to begin code-share services with British Midland beginning on or about July 27, 2007.

Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com

OST-2007-28500 - Statement of Authorization - US Codesharing with bmi

Filed June 12, 2007 | Approved July 20, 2007

Department Action on Application

Application of Shuttle America Corporation for a blanket statement of authorization to display the designator code of British Midland Airways Limited, “BD”, on United Express flights within the United States, and on U.S.-Canada flights. These flights will be operated by Shuttle America as a United Express carrier under an arrangement with United Air Lines, Inc.

United’s representative orally clarified that the authorization sought is for services in conjunction with foreign air transportation held out by British Midland.

To satisfy the Department’s 30-day notice requirements for new code service services, Shuttle America supplied a list of US. and Canadian points it may serve under the authority granted here. See Attachment A of Shuttle America’s application in Docket OST-2007-28500.

By: Gerald Caolo

OST-2005-21119 - Exemption - US-Canada

Filed March 21, 2007 | Issued November 16, 2007

Renewal of scheduled foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in Canada. Shuttle America also requests authority to integrate the authority granted in this instant docket with its existing certificate and exemption authority. Shuttle America states that it uses this authority to provide “Delta Connection” service on behalf of Delta Air Lines, Inc. and “United Express” on behalf of United Air Lines, Inc.

Shuttle America is a commuter carrier certificated to provide scheduled interstate air transportation using aircraft with fewer than 60 seats (Order 1998-11-15). By letter dated April 6, 2005, to Mr. Robert Cohn from Mr. William Bertram, the Department authorized Shuttle America to engage in interstate scheduled transportation using large aircraft, subject to the restriction that Shuttle America’s operations are performed under a fee-for-service agreement with a major U.S carrier.

By: Paul Gretch

OST-2007-0077 - Exemption - Atlanta-Guadalajara

November 16, 2007

Shuttle America plans to commence "Delta Connection" service on the Atlanta-Guadalajara on or about April 8, 2008, and urges the Department to grant the requested exemption as soon as possible to facilitate the timely introduction of this service.

To ensure that Delta Connection service on the Atlanta-Guadalajara route is not disrupted, ASA's designation should not be revoked until Shuttle America's Application has been approved, Shuttle America has commenced its new service, and ASA has given notice that its authority is dormant in Docket OST-2005-23147.

Delta plans to continue offering year-round nonstop service on the route, with Delta operating mainline service during peak holiday periods and the peak summer season, and Shuttle America operating Delta Connection service during the remainder of the year using 70-seat Embraer 170 (ERJ-170) regional jet aircraft.

As noted in ASA's exemption application in Docket OST-2005-23147, dated November 23, 2005, demand on the Atlanta-Guadalajara service is highly seasonal. Thus, the Department's records should reflect that both Delta's and Shuttle America's designations for this route will be for seasonal service.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2007-0077 - Exemption - Atlanta-Guadalajara

November 21, 2007

We have polled the US carrier representatives served with the above-referenced application, and no carrier has objected to the relief sought here. Accordingly, Shuttle America respectfully urges that the requested authority be granted as soon as possible.

Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659, prizzi@hhlaw.com

DOT-OST-2007-0077 - Exemption - Atlanta-Guadalajara

Filed November 16, 2007 | Issued November 28, 2007

Application of Shuttle America for a Certificate of Public Convenience and Necessity

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Guadalajara, Mexico, and to integrate this authority with Shuttle's other exemption and certificate authority granted by the Department, to the extent permitted by international agreements. Shuttle intends to operate seasonal regional jet aircraft service on the route as a Delta Connection carrier, replacing the currently operated services of Atlantic Southeast Airlines on the route, effective on or about April 8, 2008.

The applicant states that, to ensure that the Delta Connection service is not disrupted, ASA's designation to serve the route should not be withdrawn until Shuttle has commenced its new service and ASA has given notice that its Atlanta-Guadalajara authority is dormant.

By: Paul Gretch

OST-2007-0084 - Blanket Route Integration Authority and Blanket Open-Skies Certificate Authority

December 12, 2007

Shuttle America hereby applies for a certificate of public convenience and necessity authorizing Shuttle America to engage in scheduled foreign air transportation of persons, property, and mail between the United States and all countries with which the United States has an open-skies (or MALIAT) agreement that is being applied (including authority to operate via the United States and intermediate points to a point or points within these countries, and beyond, to the extent the applicable aviation agreement grants such rights).

In addition, Shuttle America hereby applies for a certificate of public convenience and necessity authorizing Shuttle America to engage in scheduled foreign air transportation of persons, property, and mail between the United States and each of the following effectively open-entry countries in the Caribbean:

Anguilla
Antigua and Barbuda
Bahamas, The
Barbados
Belize
British Virgin Islands
Cayman Islands
Dominica
Dominican Republic
Grenada
Haiti
Montserrat
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago
Turks and Caicos Islands

Shuttle America anticipates that it will provide services under the requested certificate authority using suitable airplane types currently within its fleet or on order, including, but not limited to, Embraer 170 regional jets.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2005-22228 - Blanket Route Integration Authority

December 12, 2007

Re: Shuttle America In the Matter of Blanket Route Integration Authority

Pursuant to the Department's Notice served November 28, 2007 in the above-referenced Docket, Shuttle America Corporation hereby notifies the Department of its interest in obtaining a blanket route integration certificate.

Shuttle is a certificated air carrier' holding authority to conduct foreign scheduled air transportation. See Notices of Action Taken dated November 16, 2007 (Docket OST-2005-21119) (U.S.-Canada); March 31, 2006 (Docket OST-2006-24218) (U.S.-Bahamas); December 28, 2006 (Docket OST-2006-26712) (U.S-Jamaica); April 9, 2007 (Docket OST-2007-27814) (U.S.-Dominican Republic); and September 27, 2007 (Docket OST-2007-29135), October 22, 2007 (Docket DOT-OST-2007-0015) and November 28, 2007 (Docket DOT-OST-2007-0077) (Atlanta-Mexico). In addition, Shuttle is today applying for blanket open-skies certificate authority in Docket DOT-OST-2007-0084.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

January 17, 2008

Re: Codeshare Notice with Star Alliance Members

Shuttle America hereby notifies the Department that it will display the designator codes of Air Canada, All Nippon Airways, British Midland Airways Limited, Qatar Airways, Q.C.S.C., TACA International Airlines, S.A., and Lineas Aereas Costarricenses S.A. on flights operated by Shuttle America, d/b/a United Express, between and among the cities listed in Exhibit A hereto. Since these markets may be served interchangeably by United and United Express services, a similar notice is being filed on this date for United in the appropriate dockets. This notice will enable United and United Express carriers such as Shuffle America to operate code-share services interchangeably to the points listed without the need to file repetitive notices as services shift from one carrier to another. The proposed code-share services are fully consistent with the applicable bilateral air transport agreements.

See, Department Action on Application of Shuttle America/Air Canada, Docket OST-2005-22989, dated December 2, 2005; Department Action on Application of Shuttle America/All Nippon Airways, Docket OST-2006-23965, dated July 13, 2006; Department Action on Application of Shuttle America/British Midland, Docket OST-2007-28500, dated July 20, 2007; Department Action on Application of Shuttle America/Qatar, Docket OST-2007-29161, dated October 4, 2007; and Department Action on Shuttle America/TACA International Airlines, S.A., and Lineas Aereas Costarricenses S.A., Docket OST-2007-28788, dated August 8, 2007.

Counsel: United, Julie Oettinger

OST-2006-24218 - Exemption - US-Bahamas

January 29, 2008

Application for Renewal of an Exemption

Shuttle America continues to operate regional jet service using Embraer 170 airplanes with 70 or more seats under fee‑for‑service agreements with major U.S. airlines, and the service Shuttle America provides under these agreements has included, and may in the future include, U.S.‑Bahamas routes. Shuttle America requires renewal of its U.S‑Bahamas exemption authority so it is able to respond promptly to the service requirements of its major U.S. airline code‑share partners.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com

OST-2005-22989 - Exemption - US-Canada Blanket Codeshare

February 22, 2008

Re: Amended Codeshare Notice with Star Alliance Members

Pursuant to the blanket Statements of Authorization the Department has granted to Shuttle America Corporation, Shuttle America hereby amends the list of code-share markets it previously filed with the Department on January 17, 2008 to add newly announced cities in which it may display the designator codes of Air Canada, All Nippon Airways, British Midland Airways Limited, Qatar Airways, Q.C.S.C., TACA International Airlines, S.A., and Lineas Aereas Costarricenses S.A. on flights operated by Shuttle America, d/b/a United Express. These cities are:

Helena, Montana
Quebec City, Quebec
Victoria, British Columbia

Counsel: United, Julie Oettinger, 202-296-2370, julie.oettinger@united.com

OST-2005-23354 - Shuttle America - Withhold Information from Public Disclosure - Form 41
OST-2005-23355 - Republic - Withhold Information from Public Disclosure - Form 41

April 23, 2008

Joint Motion for Leave to File and Answer of American Airlines and United Air Lines

In recent months, ExpressJet, Inc. and Virgin America Airlines, encouraged in part by the Department's inaction on the pending motions at issue here, have filed similar requests to withhold. See Dockets OST-2007-28396 and OST-2008-0107. The Department definitively rejected ExpressJet's motion, in part because of the unfairness this caused to other carriers competing with ExpressJet that made public, rather than confidential submissions.

Both ExpressJet and Virgin America referred to the undecided motions of Shuttle and Republic as precedent for their own motions to withhold. In these circumstances, it is important for the Department to act now on the Shuttle and Republic motions by denying them for the same reasons applied to ExpressJet and urged by American, United, and others to be applied to Virgin America. The arguments made by Shuttle and Republic are identical to those urged by ExpressJet and Virgin America - namely, they want to shield their information from competitors. American and United have previoisly set forth in their pleadings in the ExpressJet and Virgin America cases why such preferential protection cannot be granted to one competitor in an industry where other competitors' data is subject to release.

Counsel: American, Carl Nelson, 202-496-5647 / United, Jeffrey Manley, 301-229-8571

OST-2005-23355 - Republic Airlines - Confidential Treatment Under 14 CFR 302.12 (Form 41, Schedules B-1, B-7, B-12, P.1.2, P-1(a), P-5.1 and P-6)
OST-2005-23354 - Shuttle America - Confidential Treatment Under 14 CFR 302.12 (Form 41, Schedules B-1, B-7, B-12, P.1.2, P-1(a), P-5.1 and P-6)

May 2, 2008

Joint Motion and Reply of Republic Airline and Shuttle America to Joint Motion and Answer of American Airlines and United Air Lines - Bookmarked

In their respective Motions seeking confidential treatment, Republic and Shuttle amply demonstrated how each has met the applicable legal standard for withholding the identified confidential, competitively sensitive financial information from public disclosure under Exemption 4, as well as under the applicable legal standards for grant of confidentiality and well‑established Department precedent. The public release of the information for which Republic and Shuttle seek confidential treatment would likely cause substantial competitive harm. American and United's meritless Joint Answer should be rejected. It focuses solely on the confidentiality issues raised in the context of the ExpressJet and Virgin America dockets, and has no relevancy to the unique circumstances involving Republic and Shuttle in the instant dockets.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

May 16, 2008

Re: Response of Shuttle America and Republic Airlines to Joint Carriers

Contrary to the allegations of the Joint Carriers, neither Republic nor Shuttle are "gaming" the system to obtain any "advantage" over other airlines. Indeed, just the opposite is the case as Republic and Shuttle pointed out in their respective motions and in their Joint Reply filed on May 2, 2008 to the Joint Motion and Answer filed by United and American. Republic and Shuttle are seeking confidentiality to preserve and enhance competition in the fee-for-service sector and to prevent others in that sector (its mainline customers and other fee-for-service carriers) from gaining an unfair competitive advantage.

The Joint Carriers' letter does not address, much less refute, the highly unique circumstances presented by Republic and Shuttle justifying grant of confidentiality, circumstances that were not applicable with respect to Express Jet and are not applicable with respect to Virgin America.

Contrary to the joint letter, because Shuttle and Republic operate under fee-for-service arrangements with a limited number of mainline carriers, Republic and Shuttle do not hold out service to the traveling public in competition with the joint carriers. Shuttle and Republic provide aircraft capacity to their mainline customers (which include Delta, United and US Airways) pursuant to commercial agreements. Under longstanding policy and practice the Department has always maintained confidentiality of those agreements. Republic's and Shuttle's customers are mainline carriers, not the traveling public. The mainline carriers, not Shuttle or Republic, hold out service to the traveling public in competition with the joint carriers. Republic and Shuttle are not seeking to withhold traffic data, but rather are seeking to withhold certain limited fields of cost data the disclosure of which would undermine competition in the fee-for-service sector and impair Republic's and Shuttle's ability to freely and fairly negotiate business arrangements with their mainline customers.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

OST-2005-23354 - Motion to Withhold Information from Public Disclosure - Form 41

May 29, 2008

Motion for Confidential Treatment

This is a routine quarterly update of the same competitively‑sensitive commercial and financial information described in the referenced Motion in this docket. Withholding the limited line item data from public disclosure is warranted by the unique circumstances of Republic's fee‑for‑service relationships. Disclosure of the limited line item data for which confidentiality is requested will enable Republic's fee‑for‑service customers and third party competitors to determine per aircraft costs and operating margins and costs, operating margins and profitability on a per codeshare contract basis. Such disclosure would uniquely harm Republic's competitive position in the fee‑for‑service sector and undermine Republic's ability to negotiate at arms length with its mainline codeshare customers.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

OST-2006-24218 - Exemption - US-Bahamas

Filed January 29, 2008 | Issued June 2, 2008

Renewal of scheduled foreign air transportation of persons, property, and mail between points in the United States and points in the Bahamas, and to combine this exemption authority with Shuttle’s existing certificate and exemption authority consistent with applicable international agreements.

Shuttle is authorized to engage in scheduled foreign air transportation using large aircraft, subject to the restriction that Shuttle’s operations are performed under a fee-for-service agreement with a major U.S. carrier (see Notice of Action Taken dated March 31, 2006, footnote 1 and accompanying text, in the captioned docket).

Shuttle states that it currently provides “Delta Connection” service on behalf of Delta Air Lines, Inc., and “United Express” service on behalf of United Air Lines, Inc.

The carrier’s request for route integration has been superseded by Order 2008-5-4, where the Department awarded the carrier a blanket route integration certificate.

By: Paul Gretch

OST-2008-0192 - Exemption - US-Turks & Caicos Islands

June 18, 2008

Shuttle America Corporation hereby applies for a designation and an exemption authorizing it to provide scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Turks and Caicos Islands. Shuttle America requests that its exemption authority be granted as soon as possible and remain in effect for a period of at least two years, or until 90 days after the Department's final determination on a Shuttle America application for U.S.-Turks and Caicos Islands certificate authority.

See Application dated December 12, 2007, in Docket OST-2007-0084. In DOT Order 2008-4-26 granting certain carriers, including Shuttle America, broad U.S.-Open Skies authority, the Department deferred its consideration of the request for U.S.-Turks and Caicos Islands certificate authority, among others, because that proceeding only dealt with authority to serve Open Skies partners.

On or about September 1, 2008, Shuttle America plans to begin seasonal nonstop "Delta Connection" service between Atlanta, Georgia, and Providenciales, Turks and Caicos Islands (PLS), with 70-seat ERJ-170 aircraft, under the DL* designator code of Delta Air Lines, Inc.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999

OST-2008-0192 - Exemption - US-Turks & Caicos Islands

June 20, 2008

Re: DOT (RITA/BTS) Response to Request for Confidential Treatment

We have polled the U.S. carrier representatives served with the above-referenced Application, and no carrier has objected to the relief sought therein. Accordingly, Shuttle America respectfully asks that the requested authority be granted as soon as possible.

Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5659

OST-2005-23354 - Motion to Withhold Information from Public Disclosure - Form 41

June 25, 2008

Except for the "Cost" column on Schedule B-7 and four columns of aircraft cost data on Schedule B-43, ("Acquired Cost or Capitalized Value," "Allowance for Depreciation or Amortization," "Depreciated Cost or Amortized Value," and "Estimated Residual Value"), we are denying the requests for confidential treatment of certain line items on Shuttle America's Form 41 financial data submissions to the Department for the period July 1, 2005 through March 31, 2008.

Shuttle America unquestionably has competition from a number of air carriers and undoubtedly these carriers will review Shuttle America's data. However, we disagree that the release of several lines of Shuttle America's Form 41 financial data will permit a competitor to use this information to make strategic judgments that would likely cause substantial harm to Shuttle America's competitive position. Carriers compete for customers based on a number of factors as customers shop for the best available transportation services. Some carriers compete on price but others emphasize the quality of the product it is offering consumers. These factors are not divulged in the Form 41 financial data. There are numerous air carriers (ExpressJet, Mesaba, and Pinnacle) that file Form 41 reports with the Department that conduct business with a single or very large customer. These carriers have had their financial data publicly released and the Department is unaware of any of these carriers suffering substantial competitive harm due to the public disclosure of the aviation data at issue. Except for Schedules B-7 and B-43, it would be counter to the Department's longstanding data dissemination practices and the public interest for us to grant a motion of confidential treatment for Shuttle America's Form 41 financial data absent strong evidence of the likelihood of substantial competitive harm. Moreover, it would be unfair for the Department to deny Shuttle America's competitors access to Shuttle America's reports while their reports are subject to review by Shuttle America.

Shuttle America's motion also relies on the fact the Department's Air Carrier Fitness Division granted confidential treatment to certain financial information for Shuttle America's sister company, Republic Airlines, which was very similar in nature. Specifically, the Department granted Republic's request for confidential treatment by Order 2004-7-26, concluding that "release of Republic's first year forecast for scheduled service could harm its ability to compete by providing competitors with information on the cost structure upon which its agreement with its code-share partner is based." While the Department will withhold financial information from public release such as budgets or forecasts during the DOT "certification process," Form 41 financial data including income statements are routinely reported by air carriers and released to the public. One of the FOIA mandates is that the public should have access to Federal agency records, except to the extent those records are exempt from disclosure.

By: M. Clay Moritz

OST-2008-0192 - Exemption - US-Turks & Caicos Islands

Filed June 18, 2008 | Issued July 1, 2008