### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, DC Application of TYROLEAN AIRWAYS TIROLER LUFTFAHRT GESMBH for renewal of a Statement of Authorization pursuant to 14 C.F.R. Part 212 ) ) ) ) ) ) Docket DOT-OST-2012-0067 ) ) )



## ______________________________ __) APPLICATION OF TYROLEAN AIRWAYS TIROLER LUFTFAHRT GESMBH FOR LIMITED RENEWAL OF A STATEMENT OF AUTHORIZATION Communications with respect to this document should be addressed to:

DATED: January 30, 2015 Arthur Molins General Counsel, The Americas 1640 Hempstead Turnpike East Meadow, NY 11554 (516)296-9234(phone) (516) 296-9399 (fax) Arthur.molins @dlh.de Counsel for the Lufthansa Group Notice: Any person may support or oppose this application by filing an answer and serving a copy of the answer on counsel for Applicant and persons served with this application no later than February 20, 2015.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, DC Application of TYROLEAN AIRWAYS TIROLER LUFfFAHRT GESMBH for renewal of a Statement of Authorization pursuant to 14 C .F.R. Part 212 ) ) ) ) ) ) Docket DOT-OST-2012-0067 ) ) )



## __________________________________) DATED: January 30,2015

APPLICATION OF TYROLEAN AIRWAYS TIROLER LUFTFAHRT GESMBH FOR A LIMITED RENEWAL OF A STATEMENT OF AUTHORIZATION Tyrolean Airways Tiroler Luftfahrt GesmbH ("Tyrolean"), a regional affiliate of Austrian Airlines AG ("Austrian"), hereby applies pursuant to 14 C .F.R. § 212.10 for a limited two-month renewal of its statement of authorization allowing Tyrolean to wet lease aircraft to Austrian .1 In support of this application, Tyrolean submits the following: 1. Tyrolean was initially granted a statement of authorization to wet lease aircraft to Austrian by Notice of Action Taken dated June 26, 2012 (Docket DOT-OST2012-0067), for a two year term expiring on June 26,

**2014.-~** This statement of authorization

1 Tyrolean has authorized counsel for Lufthansa to submit this application on its behalf. 2 Tyrolean, in the same NOAT, was granted an indefinite statement of authorization to display the designator codes of United Airlines, Inc. ("United" ) , US Airways , Inc. ("US Airways") , and Austrian on Tyrolean ' s flights (see Notice of Action Taken dated June 26 , 2012 in Docket DOT-OST-2012-0067) . LEGAL\21929794\ 1Application of Tyrolean Page 2

was renewed, in part, for a period of seven months effective July 29, 2014, through March 1, 2015. See Notice of Action Taken dated July 29, 2014 (Docket DOT-OST-2012-0067). 2 . In filing this limited renewal application, Tyrolean hereby invokes the automatic extension provisions of the Administrative Procedure Act, 5 U.S.C . § 558(c), as implemented by 14 C.F.R. Part 377, to continue Tyrolean's authority in effect pending the Department's final determination on this renewal application . This application is timely filed pursuant to 14 C.F.R. § 377 . 10(c)(3). 3. Tyrolean currently operates flights between the EU and the U.S ., and between points within the EU, pursuant to exemption authority issued by the Department.J. On these flights, Tyrolean displays the airline designator codes of United, Lufthansa, and Austrian pursuant to a statement of authorization granted by the Department. 1

. Tyrolean's flights between the U.S. and Austria are operated pursuant to its wet lease agreement with Austrian. .2. 4 . Tyrolean will cease its U .S. -Austria wet lease operations for Austrian on March 31, 2015 , as Austrian plans to resume operating this service on April1, 2015 Therefore, Tyrolean seeks a very limited, two -month renewal of its statement of authorization through May 1, 2015, to allow it to continue operating the U .S .-Austria flights pending the recommencement of such flight operations by Austrian. 1 Notice of Action Taken dated July 29,2014 (Docket DOT-OST-2000-7838) . 1 Notice of Action Taken dated June 26 , 2012 (Docket DOT-OST-2012-0067). 1 Austrian holds the necessary underlying authority to conduct these operations. Order 2007 - 11-7, issued September 7 , 2007 (Docket DOT-OST-2007-28472) .Application of Tyrolean Page 3 5. The Department has previously found Tyrolean's statement of authorization to be consistent with the Air Transport Agreement between the United States and the Member States of the European Union (the Open Skies Agreement). Its authority is also clearly consistent with the public interest, allowing Tyrolean to provide much needed air service options to consumers. Tyrolean's services have been well received by the traveling public. 6. Tyrolean requests that its statement of authorization be reissued , consistent with the Department's prior practices and procedures, for a period of at least two months through May 1, 2015 to allow the transitioning of its U.S.-Austria flight operations to Austrian to be completed.Application of Tyrolean Page4 WHEREFORE, Tyrolean respectfully requests that the Department renew its statement of authorization as requested herein, and grant such other and further relief as the Department deems appropriate.

DATED: January 30,2015 r Molins Ge eral Counsel, The Americas 1640 Hempstead Turnpike East Meadow, NY 11554 (516) 296-9234 (phone) (516) 296-9399 (fax) Counsel for The Lufthansa GroupApplication of Tyrolean Page 5 CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing statement of authorization renewal application of Tyrolean Airways Tiroler Luftfahrt GesmbH by electronic mail upon the following: msinick@ ssd .com howard .kass@ aa .com robert.wirick@ aa.com sascha.vanderbellen@delta.com sametta.c.barnett@delta .com chris.walker@delta.com jrichardson@johnlrichardson.com jcanny@ amerijet.com jhill @cooley.com perkmann@cooley .com nssparks@ fedex.com dan.weiss @united . com steve.morrissey@united .com

DATED: January 30,2015

ActiveUS 126806727v .2 sllunsford @fedex .com gbleopard @fedex .com russell.pommer@ atlasair.com jhfoglia@zsrlaw.com jyoung@yklaw.com dkirstein@ yklaw.com anita.mosner@hklaw.com jennifer.nowak@hklaw .com matwood @cozen.com kevin.montgomery@polaraircargo . com john.s.duncan@faa.gov dwight.moore@transcom.mil englets@ state. gov



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