U.S. Department of

Transportation

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2014-0207

(Filed November 25, 2014)

Application of Latam Airlines Group S.A. d/b/a LAN Airlines (LAN) for a statement of 

authorization to display the “NC” designator code of Northern Air Cargo, Inc. (NAC) on LAN 

flights in either direction from points behind Chile, via Chile and intermediate points, to a point or 

points in the United States and beyond, pursuant to a code-share arrangement with NAC for the 

carriage of mail.

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

Date of Action: December 5, 2014

______________________________

Director, Office of International Aviation

This action is subject to the conditions attached. Persons entitled to petition the Department for review of 

this action under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven 

days of the date of this action. This action is effective immediately, and the filing of a petition for review 

will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov
The operations authorized here are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) LAN and NAC continue to hold 

the necessary underlying authority to operate the code-share services at issue, and (ii) the agreement 

providing for the code-share operations remains in effect.

(b) LAN and/or NAC must notify the Department no later than 30 days before they begin any new codeshare service under the code-share services authorized here. Such notice shall identify the market(s) to be 

served and the date on which the service will begin. Such notice should be filed in Docket DOT-OST2014-0207.

1

(c) LAN and/or NAC must promptly notify the Department if the agreement providing for the code-share

operations is no longer effective or if the carriers decide to cease operating all or a portion of the 

approved code-share services. Such notices should be filed in Docket DOT-OST-2014-0207.

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(d) Notwithstanding any provisions in the contract between the carriers, our approval here is expressly 

conditioned upon the requirements that the subject foreign air transportation be sold in the name of the 

carrier holding out such service in the computer reservation systems and elsewhere; that the carrier selling 

such transportation (i.e., the carrier shown on the waybill) accept responsibility for the entirety of the 

code-share journey for all obligations established in its contract of carriage; and that the cargo liability of 

the operating carrier be unaffected.

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

the statement of authorization shall be consistent with all applicable agreements between the United 

States and the foreign countries involved. Furthermore, (i) nothing in the award of this statement of 

authorization should be construed as conferring upon NAC rights (including code-share, fifth freedom 

intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless NAC

notifies the Department of its intent to serve such a market and unless and until the Department has 

completed any necessary carrier selection procedures to determine which carrier(s) should be authorized 

to exercise such rights; and (ii) should there be a request by any carrier to use the limited-entry route 

rights that are included in the authority of NAC by virtue of the statement of authorization granted here, 

but that are not then being used by NAC, the holding of such authority will not be considered as 

providing any preference for NAC in a competitive carrier selection proceeding to determine which 

carrier(s) should be entitled to use the authority at issue.

(f) The authority granted here is specifically conditioned so that neither LAN nor NAC shall give any 

force or effect to any contractual provisions between themselves that are contrary to these conditions.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

 1 LAN provided notice of its intent to engage in code-share services by displaying NAC’s code between open-skies 

points.

2 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision.