BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON , D.C. Application of

AUGSBURG AIRWAYS GMBH for a Statement of Authorization pursuant to 14 C
. F.R. Part 212 (I ntra-European Code-Sharing) ) ) ) ) ) ) ) ) ) Docket OST-2012-



## __________ __ ____________ ____ ___ ) APPLICATION OF AUGSBURG AIRWAYS GMBH FOR A STATEMENT OF AUTHORIZATION Communications with respect to this document should be sent to:

DATED:

NOTICE:**June~ ,**  2012 Arthur J. Molins General Counsel, North America 1640 Hempstead Turnpike East Meadow, NY 11554 Telephone: (516) 296-9234 Fax: (516) 296-9399 Arthur.molins@dlh.de Counsel for Deutsche Lufthansa AG

The Applicant is requesting expedited treatment of this application. Lufthansa, filing this application on the Applicant's behalf, will poll the U.S. carrier representatives listed on the attached service list and report the results to the Department.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON , D.C
. Application of

AUGSBURG AIRWAYS GMBH for a Statement of Authorization pursuant to 14 C
. F
. R. Part 212 ( Intra-European Code-Sharing) ) ) ) ) ) ) ) ) )



# ______ ____ __________ ___________ ) June 

## J22_, 2012 Docket OST-2012-

APPLICATION OF AUGSBURG AIRWAYS GMBH FOR A STATEMENT OF AUTHORIZATION Augsburg Airways GMBH ("Augsburg "), a regional affiliate of Deutsche Lufthansa AG (" Lufthansa"), hereby applies for a statement of authorization pursuant to 14 C.F.R. Part 212 to engage in the code-share services described below. 1 Augsburg requests expedited processing of this application so that the marketing and sale of the code-share services described herein can begin without delay. 2 Augsburg also requests that the statement of authorization be granted for an indefinite period, consistent with the Department's decisions in similar cases. 3 In support of this application, Augsburg respectfully states as follows :

1 Augsburg has authorized counsel for Lufthansa to submit this application on its behalf
. 2 Augsburg requests a waiver of the 45-day advance fi ling requirement contained in 14 C.F.R. 212.10(d)(2). 3 See Joint Application of**Deft~** Air Lines, Aerolineas Argentinas andAustral Lineas Aereas for Exemptions and Statements ofAuthorization, Noti ce of Action Taken dated December 23 , 2011 (Docket DOT-OST-2011-0153) ; Application ofAustrian Airlines for Blanket Statement ofAuthorization, Notice of Action Taken dated N ove mber 23 , 2011 ( Docket DOT -OST-2011-0173)
.Application of Augsburg Airways Page 2 1
. Augsburg is currently operating certain flights within Europe on behalf of Austrian Airline AG ("Austrian") pursuant to a wet-lease agreement. In addition , Austrian and United Airlines , Inc
. (" United ") hold authority from the Department to engage in code-sharing on a reciprocal basis pursuant to a code-share agreement between the two carriers. 4 In order to further implement the United/Austrian code-share arrangement , Augsburg hereby requests that the Department grant it a statement of authorization to display United 's " UA" designator code on flights operated by Augsburg within the European Union ("EU") or European Common Aviation Area ("ECAA") countries and beyond to any point or points in conjunction with services held out by United between the United States and the EU or ECAA countries and beyond to any po int or points (either non-stop or via third country intermediate points) , including flights operated by Augsburg pursuant to its wet-lease arrangement with Austrian. 2. Pursuant to the authority requested herein , Augsburg will transport United passengers on aircraft wet-leased to Austrian over the following routes: from Vienna , Austria on one hand , to lnnsbruck, Austrian on the other hand. All of the proposed code-share services will be conducted in accordance with 14 C.F
. R. Part 257
. Augsburg will not be selling seats in its own name on either Austrian's or United 's flights since it is not a party to the code-share agreement between those two carrie rs . 3. Augsburg is a carrier of Germany , licensed by the German government. Augsburg holds an exemption from the Department to operate scheduled foreign air transportation of persons , property and mail by displaying the code of any duly

4 Joint Appli cation of United Airlines, I nc. and Austrian Airlines for Statements ofAuthori zation , N otice of Action Taken dated March 1 3 , 2000 ( Docket DOT-O ST-2 000-6803)
.Application of Augsburg Airways Page 3 authorized U.S
. air carrier between any point or points in any Member State of the EU or ECAA and beyond to any point or points. Notice of Action Taken dated October 17 , 2011 (Docket DOT -OST-2009-01 07)
. Augsbu rg holds a statement of authorization to display United 's "UA" designator code on flights operated by Augsburg for Lufthansa between any point or points in any Member State of the EU or ECAA and beyond to any point or points
. Department Action dated May 5 , 2009 (Docket DOT-OST-2009-01 07). Ausburg now seeks to expand its authority to enable it to display United's " UA" designator code on Augsburg's flights operated on behalf of Austrian via the wet-lease agreement. 4. Approval of this application is fully consistent with the terms of the U
.S.- EU open skies agreement. 5 All relevant bilateral considerations support prompt approval of this application
. Moreover, such approval would be consistent with the Department's decisions in other cases involving similarly s ituated European regional carriers
. Approval would also be in the public interest because it would enable United to expand its network to include more flights to more cities beyond its European gateways by code-sharing on Augburg 's intra-European flights, including those operated on behalf of Austrian pursuant to its wet lease arrangement with Augsburg , thereby generating more service options for customers . 5 . Augsburg has been safety audited by other authorized U
.S
. air carriers, and the FAA has accepted those audit's results , which remain current and are consistent with the DOT/FAA Code Share Safety Program Guidelines
.

5 See Air Transport Agreement between the United States of America and the European Community and its Member States, Apri l 30 , 2007 , as subsequently amended
.Application of Augsburg Airways Page 4 6. Approval of th is appl ication will not result in near-term net annual increase in aircraft fuel consumption of 1 0 million gallons or more . Thus , such approval will not constitute a major regulatory action under 14 C.F.R. Part 31 3. 7. Augsburg plans to displa y United's designator code on its flights after all governmental approvals have been obtained. WHEREFORE , Augsburg Airways GmbH respectfully requests that its application for a statement of authorization , as discussed herein , be granted on an expedited basis for an indefinite period consistent with the Department' s past practice , as well as such further re l ief as the Department deems warranted for such services
.

olins General Counsel- North America Deutsche Lufthansa AG 1640 Hempstead Turnpike East Meadow, NY 11554 Telephone : (516) 296-9234 Fax: (516) 296-9399 Arthur
.molins@dlh.de June 

## 13, 2012CERTIFICATE OF SERVICE I certify that, on**June~ .**  2012 , I caused to be served a copy of the foregoing Application of Augsburg Airways GmbH for a Statement of Authorization , by email upon those addressees listed below: ABXAir: Air Transport lnt'l: American A irlines : Amerijet Int'l: Astar Air Cargo : Atlas: Continental Airlines : Delta Air Lines: Evergreen lnt'l: Federal Express: Kalitta Air: Polar Air Cargo : United Airlines: United Parcel Service: US Airways: World Airways : 

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Robin McDougall