UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 26, 2012

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2000-7838 and DOT-OST-2012-0067

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This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter).

Applicant: Tyrolean Airways Tiroler Luftfahrt GesmbH (Tyrolean)

Docket DOT-OST-2000-7838 Date Filed: May 7, 2012

Relief requested: Amendment of exemption from 49 USC §41301 to engage in:

i. scheduled and charter foreign air transportation of persons, property, and mail from any point or points behind 

any Member State(s) of the European Union, via any point or points in any Member State(s) and via 

intermediate points, to any point or points in the United States and beyond;

ii. scheduled and charter foreign air transportation of persons, property, and mail between any point or points in 

the United States and any point or points in any member of the European Common Aviation Area; 

iii. other charter foreign air transportation of persons, property, and mail pursuant to the prior approval 

requirements set forth in 14 CFR Part 212 of the Department’s Economic regulations; and

iv. transportation authorized by any additional route rights that may be made available to European Union

carriers in the future.

1

If renewal, date and citation of last action: February 2, 2012, in Docket DOT-OST-2000-7838.

Docket DOT-OST-2012-0067 Date Filed: May 7, 2012,

 as supplemented June 14, 2012

Relief requested: Tyrolean requests (1) a statement of authorization under 14 CFR Part 212 to enable it to display the 

designator codes of United Air Lines, Inc. (United), US Airways, Inc. (US Airways), and Austrian Airlines AG (Austrian) on 

Tyrolean’s flights: (a) between any point or points in the United States and any point or points in the European Union (on a nonstop 

basis and on routings via intermediate points); (b) between any point or points in the United States and any point or points in the 

European Common Aviation Area; (c) between European Union points; (d) beyond the European Union to any point or points; and 

(e) beyond the United States to any point or points; and (2) a statement of authorization under 14 CFR Part 212 to enable Tyrolean to

operate aircraft pursuant to its wet-lease agreement with Austrian. Tyrolean further requests a waiver of the Department’s 45-day 

advance filing requirement under 14 CFR Part 212.10(d)(2).2

Applicant representative: Arthur J. Molins, (516) 296-9234 DOT analyst: Brett D. Kruger, (202) 366-8025

Responsive pleadings: None.

DISPOSITION

 1 Tyrolean’s current exemption authorizes it to display the airline designator code of any duly authorized U.S. air carrier, on

scheduled flights operated by Tyrolean between any point or points in any Member State of the European Union or European 

Common Aviation Area and beyond to any point or points (see Notice of Action Taken dated February 2, 2012 in Docket DOTOST-2000-7838). 2 The applicant advised us informally that, notwithstanding any other representations in its May 7 application, the only carriers 

whose codes it is seeking authority to display are those actually named in the application, i.e., United, US Airways, and Austrian. 

This is consistent with the carrier’s June 14 supplement.
Action: Approved, subject to conditions (see below)

Action date: June 26, 2012

Effective dates of authority granted: The exemption authority granted to Tyrolean is effective June 26, 2012, through June 26, 

2014.

The statement of authorization granted to Tyrolean to display the United, US Airways, and Austrian codes is effective June 26, 

2012, for an indefinite period.

The statement of authorization granted to Tyrolean to wet lease to Austrian is effective June 26, 2012, through June 26, 2014.

The waiver granted to Tyrolean is effective June 26, 2012.

Basis for approval (bilateral agreement/reciprocity): U.S.-EU Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

exemption conditions attached as Appendix A and to the code-share conditions attached as Appendix B.

Special conditions/Remarks: We note that, by memorandum dated June 25, 2012, the Federal Aviation Administration

advised us that it knew of no reason why we should act unfavorably on the applicant’s request for exemption authority. 

We further note that US Airways and United have conducted safety audits of Tyrolean under the Department’s CodeShare Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit reports and found them to 

be acceptable.

With regard to the authority granted here to conduct transportation authorized by any additional route rights made 

available to European Union carriers in the future, we are requiring Tyrolean, before it commences any new service under 

this authority, to provide us, in Docket DOT-OST-2000-7838, with evidence that it holds a homeland license for that new 

service, unless it has already provided such evidence. 

Action taken by: Paul L. Gretch, Director, Office of International Aviation

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Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with 

Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consistent with 

the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Dockets. We 

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

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 

CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effective 

when taken, and the filing of a petition for review will not alter such effectiveness.

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

http://www.regulations.gov
Appendix A

Foreign Air Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, 

and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, including, but not 

limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with

all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new 

service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the 

United States, contact its International Industry Representative (IIR) (formerly referred to as International 

Principal Security Inspector) to advise the IIR of its plans and to find out whether the Transportation Security 

Administration has determined that security is adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the 

commencement of any operations under this authority, file evidence of such coverage, in the form of a completed 

OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight 

Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to 

Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air 

services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 

14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 

U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other 

tribunal in the United States that are: (a) based on its operations in international air transportation that, according 

to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed 

stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim 

under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this 

condition, the term "international air transportation" means "international transportation" as defined by the 

Warsaw Convention, except that all States shall be considered to be High Contracting Parties for the purpose of 

this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in 

a Member State of the European Union;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and 

charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply 

with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be 

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and 

with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions 

imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department 

approval under Title 49 of the U.S. Code.

EU carrier 01/2008
Appendix B

The code-share operations authorized here are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Tyrolean, United, US Airways, and 

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

code-share agreements providing for the code-share operations remain in effect.

(b) Tyrolean, United, US Airways, and/or Austrian, as appropriate, must notify the Department no later than 30 days 

before they begin any new code-share 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-OST-2012-0067.

3

(c) Tyrolean, United, US Airways, and/or Austrian, as appropriate, must promptly notify the Department if the codeshare 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 notice should be filed in Docket DOT-OST-2012-

0067.

4

(d) 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; that the passenger liability of the operating carrier be unaffected; and that the 

operating carrier shall not permit the code of its U.S. code-sharing partner to be carried on any flight that enters, 

departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight 

prohibition.

(e) The authority granted here is specifically conditioned so that neither Tyrolean, United, US Airways, nor Austrian

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.

 3 Tyrolean states that it initially plans to display United’s, US Airways’, and Austrian’s designator codes on Tyrolean’s flights 

between Vienna, Austria, on the one hand, and New York (JFK) and Washington, D.C., on the other hand.

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