### U.S. Department of Transportation Office ofthe Secretary ofTransportation



### DEPARTMENT ACTION ON APPLICATION IN DOCKETDOT-OST-2015-0079 (filed April 7, 2015)


### Application ofWestJetfor a statement ofauthorization under 14 CFRPart212 for an indefinite period to permitit to display the (KL*) designator code ofKLMRoyal Dutch Airlines, N.V. (KLM) on flights operated byWestJet from any point orpoints behind Canada,

via any point orpoints in Canada, andvia intermediate points to any point orpoints in the United States and beyond. 1


### The applicant also requests a waiver ofthe 45-day advance filing requirement under 14 CFR Part212.2


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

Date ofAction: May 7, 2015



### This action is subjectto the conditions attached. Persons entitledto petitionthe Department for review ofthis action under the Department's regulations, 14 CFR § 385.30, should file theirpetitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness.

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

### http:/ Ilwww

### .regulations.gov

1 WestJet states that KLM will not market its code-share service to local passengers traveling solely between Canada andthe United States. 2 The Department is acting onthe applicant's request priorto the expiration ofthe 45-day advance filing requirement with the consent ofall parties served.The code-share operations authorized here are subject to the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) WestJet and KLM continue to holdthe necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement providing for the code-share operations remains in effect. (b) WestJet and/or KLM must promptly notify the Department ifthe code-share agreement providing for the code-share operations is no longer effective orthe carriers decide to cease operating any or all ofthe approved code-share services. Such notice should be filed in Docket DOT-OST-2015-0079. 1 (c) WestJet and/or KLM must notify the Department no laterthan 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 services will begin. Such notices shall be filed in Docket DOT-OST-2015- 0079? (d) The code-sharing operations conducted under this authority must comply with 14 CFR257 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 thatthe subject foreign airtransportation be sold in the name ofthe carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety ofthe code-share journeyfor all obligations established in its contract ofcarriage with the passenger; and thatthe passenger liability ofthe operating carrierbe unaffected

.. (e) The authority granted here is specifically conditioned so that neither WestJet nor KLM shall give any force oreffectto any contractual provisions between themselves that are contraryto these conditions. (f) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

1 We expectthis notification to bereceived within ten (10) days after such non-effectiveness or ofsuch decision. 2 See Attachment A for initial code-share markets.

### CODESHARE POINTS
North American Gateways: Calgary, AB (YYC) Montreal, QC (YUL) Toronto, ON (YYZ) Vancouver, BC (YVR) Chicago, IL (ORD) Los Angeles, CA (LAX) NewYork, NY (JFK) San Francisco, CA (SFO)
U.S. Points Chicago, IL (ORD) Dallas/Fort Worth, TX (DFW) Fort Lauderdale, FL (FLL) Fort Myers, FL (RSW) Honolulu, HI (HNL) Houston, TX (IAH) Kahului, HI (OGG) Kauai Island, HI (LIH) Kana, HI (KOA) Las Vegas, NV (LAS) Los Angeles, CA (LAX) Myrtle Beach, SC (MYR) New York, NY (JFK) New York, NY (LGA) Orlando FL (MCO) Palm Springs, CA (PSP) Phoenix, AZ (PHX) San Diego, CA (SAN) San Francisco, CA (SFO) SantaAna, CA (SNA) Tampa, FL (TPA) ATTACHMENT A