U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 2010

- 0227

(Filed April 8 , 20 11 )

A pplic ation of Alaska Airlines, Inc. (Alaska) f or a statement o f authorization to display the “ CX* ” designator code of Cathay Pacific Airways Limited ( Cathay ) on flights operated by Alaska between Los Angeles, California , on the one ha nd, and Guadalajara and Mexico City, Mexico , on the other hand , for the purpose of

t ransporting Cathay’s Hong Kong

- Mexico traffic

. The applicant also request s waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

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

Date of Action: April 13 , 20 11 1

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 eff ective 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

1 The Department is acting on the applicant’s request prior to the expiration of the answer period with the consent of all parties served.The Statem ent of Authorization granted is subject to the following conditions:

(a) The statement of authorization w ill remain in effect only as long as (i) Alaska and Cathay continue to hold the necessary underlying authority to operate the code

- share services at i ssue, and (ii) the code

- share agreement providing for the code

- sha re operations remains in effect;

( b ) Alaska and/or Cathay must notify the Department immediately if the code

- share agreement under

which these code

- share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notice should be filed in Docket

DOT

- OST

- 20 10

- 0227 ; 1

( c ) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulations concerning code

- share arrangements that may be adopted. 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 ticket) accept responsibility for the entirety of the code

- share journey for all obligations established in its contract of carriage with the

passenger; and that the passenger liability of the operating carrier be unaffected ;

( d ) The authority granted here is specifically conditioned so that neither Alaska nor Cathay shall g ive any force or effect to any contractual provisions between themselves that a re contrary to these conditions;

( e ) We may amend, modify, or revoke the authority granted at any time wi thout hearing at our discret ion.

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.

1 We expect this notification to be received within 10 d ays of such non

- effectiveness or of such decision.