UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2014-0157 

### filed September 10, 2014 Application ofWestJet for a blanket statement ofauthorization under 14 CFRPart 212 to permit it to display the QF* designator code ofQantas Airways (Qantas) on flights operated by WestJet from any point or points behind Canada, via any point orpoints in Canada, and via intermediate points to any point or points in the United States and beyond. WestJet also requests a waiver ofthe 45-day advance filing requirement under 14 CFRPart 212.


### *Approved under assigned authority (14 C.F.R. §385.13). Date ofAction: September 16,2014 2



### .t\J(. Director, Office ofInternational Persons entitled to petitionthe Department for review ofthis action underthe Department'sregulations, 14 CFR § 385.30, should file theirpetitions within seven days bfthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness. We may amend, modify, orrevoke the authority granted at any time, without hearing, at our discretion.

*The authority granted is subject to the attached conditions.

1WestJet states that Qantas will market its proposed code-share service in accordance with Qantas' authority to conduct foreign air transportation ofpersons, property between a point orpoints in Australia and a point orpoints in the United States (eithernonstop or viathird country intermediate points, and beyond). Itfurther states that Qantas will not market its proposed code-share service to local passengers traveling solely between Canada and the United States. 2 The Department is acting on WestJet's application prior tothe expiration ofthe 7-day answer period with consent ofall parties served.The code-share operations authorizedhere are subject to the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) WestJet and Qantas continue to holdthe necessary underlying authority to operate the code-share services at issue, and (ii) the codeshare agreement providing for the code-share operations remains in effect. (b) WestJet and/or Qantas 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. We expect this notification to be received within 10 days ofsuch non-effectiveness or ofsuch decision. Suchnotices should be filed in docket DOT-OST-2014-0157. (c) WestJ et and/or Qantas must notify the Department no laterthan 30 days before they begin any new code-share service under the code-share services authorized here. Suchnotice shall identify the market(s) to be served and the date on which the service will begin. Suchnotice should be filed in Docket DOT-OST-2014-0157. 1 (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 inthe contract between the carriers, our approval here is expressly conditioned uponthe requirements thatthe subject foreign airtransportation be sold inthe name ofthe carrier holding out such service inthe computerreservation systems and elsewhere; thatthe carrier selling suchtransportation (i.e., the carrier shown onthe ticket) accept responsibility for the entirety ofthe code-sharejourney for all obligations established in its contract ofcarriage withthe passenger; and that the passenger liability ofthe operating carrier be unaffected. (e) The authority granted here is specifically conditioned so that neither WestJet nor Qantas shall give any force or effect to any contractual provisions betweenthemselves that are contraryto these conditions. (f) We may amend, modify, orrevoke the authority granted at any time withouthearing at our discretion.

1 WestJet states that it initially intends to display the QF* designator code in the Calgary-Los Angeles, Edmonton-Los Angeles, and Vancouver- Los Angeles markets, as well as the Vancouver-Honolulu market. WestJet provides notice ofits intent to engage in codeshare services to open skies points as described in its application and states that it will notify the Department no later than 30 days before commencing**a~y** code-share services to non-open skies points.