BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Joint Application of

OPENSKIES SAS

and

IBERIA LINÉAS AÉREAS DE ESPAÑA

SOCIEDAD ANÓNIMA OPERADORA

under 14 CFR Part 212 for statements of 

authorization (reciprocal blanket codesharing)

DOT-OST-2011-

JOINT APPLICATION OF OPENSKIES SAS AND IBERIA LINÉAS AÉREAS DE 

ESPAÑA SOCIEDAD ANÓNIMA OPERADORA FOR AUTHORITY TO CONDUCT

RECIPROCAL BLANKET CODESHARING

Communications with respect to this document should be sent to:

Don H. Hainbach

Garofalo Goerlich Hainbach PC

1200 New Hampshire Avenue NW

Washington, DC 20036

Phone: 202-776-3970

dhainbach@ggh-airlaw.com

Counsel for OpenSkies SAS and Iberia 

Linéas Aéreas de España Sociedad 

Anónima Operadora

November 8, 2011

Notice: Any person who wishes to support or oppose this application may file an answer on or 

before November 18, 2011 and serve that answer on above-named counsel and all persons served 

with the application.
2

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Joint Application of

OPENSKIES SAS

and

IBERIA LINÉAS AÉREAS DE ESPAÑA 

SOCIEDAD ANÓNIMA OPERADORA

under 14 CFR Part 212 for statements of 

authorization (reciprocal blanket codesharing)

DOT-OST-2011-

JOINT APPLICATION OF OPENSKIES SAS AND IBERIA LINÉAS AÉREAS DE 

ESPAÑA SOCIEDAD ANÓNIMA OPERADORA FOR AUTHORITY TO CONDUCT 

RECIPROCAL BLANKET CODESHARING

OpenSkies SAS (OpenSkies) and Iberia Linéas Aéreas de España, Sociedad Anónima 

Operadora (Iberia) hereby apply for statements of authorization pursuant to 14 CFR Part 212 to 

the extent necessary to enable them to engage in reciprocal blanket codesharing to the full extent 

authorized by the US-EU open skies agreement in conjunction with foreign air transportation of 

persons, property and mail.

1

 OpenSkies and Iberia intend to implement their codeshare service 

as soon as possible following receipt of required government approvals. Applicants 

consequently request prompt approval of this application to enable them to begin marketing and 

sales activities without delay. OpenSkies and Iberia further request that the statements of 

authorization be issued for an indefinite period.

 

1 OpenSkies is wholly owned by British Airways Plc and British Airways and Iberia are both owned by the 

International Airlines Group. However, these carriers will continue to operate separately.
3

In support of this application, OpenSkies and Iberia submit the following:

1. OpenSkies, a carrier of France, currently operates service to the United States pursuant to 

its foreign air carrier permit issued by the Department by Order 2009-6-20, in Docket DOTOST-2006-25616. That foreign air carrier permit authorizes OpenSkies to operate, inter alia:

Foreign scheduled and charter air transportation of persons, property and mail 

from any point or points behind any Member State of the European Union, via 

any point or points in any Member State and via intermediate points, to any point 

or points in the United States and beyond;

Foreign scheduled and charter 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;

2. Iberia, a carrier of Spain, currently operates service to the United States pursuant to its 

foreign air carrier permit issued by the Department by Order 2011-4-6, in Docket DOT-OST2010-0283. That foreign air carrier permit authorizes Iberia to operate, inter alia:

Foreign scheduled and charter air transportation of persons, property, and mail 

from any point or points behind any Member State of the European Union, via 

any point or points in any Member State and via intermediate points to any point 

or points in the United States and beyond; 

Foreign scheduled and charter air transportation of persons, property, and mail 

between any point or points in any member of the European Common Aviation 

Area and any point or points in the United States; 

3. OpenSkies and Iberia are now seeking reciprocal blanket codeshare authorizations, 

pursuant to Part 212 of the Department’s regulations, to allow OpenSkies to display the Iberia 

“IB” designator code on flights operated by OpenSkies, and to allow Iberia to display the 

OpenSkies “BA” designator code on flights operated by Iberia: (1) from any point or points 

behind any Member State of the European Union, via any point or points in any Member State 

and via intermediate points to any point or points in the United States and beyond; and (2) 
4

between any point or points in the United States and any point or points in any member of the

European Common Aviation Area. 

4. The blanket codeshare authorizations requested herein are consistent with the US-EU 

open skies agreement, and with the public interest. The requested authorities are also consistent 

with the Department’s policy of granting blanket rights to other European codeshare 

partnerships. See, e.g., Department Action, DOT-OST-2002-13958, January 9, 2009 (Air 

France/Alitalia); Department Action, DOT-OST-2010-0175, July 30, 2010 (Austrian/Lufthansa); 

Notice of Action Taken, DOT-OST-2010-0199, August 24, 2010 (Aer Lingus/Spanair); DOTOST-2010-0248, October 21, 2010 (British Airways/Iberia).

5. Blanket authorizations are in the public interest because they enable codeshare partners to 

develop the full range of services permitted under applicable air services agreements. The 

services contemplated by OpenSkies and Iberia will provide a more efficient use of capacity in 

the marketplace, and will help maximize the service options available to the traveling and 

shipping public.

6. Consistent with standard practice, OpenSkies and Iberia will notify the Department no 

later than 30 days before commencing any codeshare services to non-open skies points. They

will inform the Department of the codeshare market(s) to be served, the identity of the carrier 

operating the aircraft in the market(s) being added, and the date on which the service will begin.2

 

 

2 By submitting this application, OpenSkies and Iberia hereby provide notice of their intent to engage in 

codeshare services to open skies points as described above.
5

OpenSkies and Iberia will conduct all of their codeshare operations in compliance with 14 CFR 

Part 257 and will accept the Department’s standard codeshare conditions.

ACCORDINGLY, OpenSkies and Iberia submit that grant of the authority requested here 

would be consistent with the public interest and respectfully request that the Department grant 

them statements of authorization to enable them to engage in reciprocal blanket open skies 

codesharing to the full extent authorized by the US-EU open skies agreement in conjunction with 

foreign air transportation of persons, property and mail, and such other additional relief as the 

Department may deem appropriate. OpenSkies and Iberia further request that the requested 

authority be granted for an indefinite period, consistent with the Department’s practice. 

Respectfully submitted,

Don H. Hainbach

Garofalo Goerlich Hainbach PC

Counsel for OpenSkies SAS and

Iberia Linéas Aéreas de España Sociedad 

Anónima Operadora
CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing document by email on the 

following persons:

_______________________________

Vanessa C. Krasniewicz

November 8, 2011

jhill@dlalaw.com 

bill@mietuslaw.com 

sametta.c.barnett@delta.com

sascha.vanderbellen@delta.com

jeff.morgan@delta.com

mgoldman@sgbdc.com 

kquinn@pillsburywinthrop.com

rsilverberg@sgbdc.com 

bkeiner@crowell.com

carl.nelson@aa.com 

mrosia@crowell.com

mcmillin@woa.com 

bruce.rabinovitz@wilmerhale.com

mchopra@jamhoff.com 

dan.weiss@coair.com

russell.bailey@alpa.org 

bob.kneisley@wnco.com

dkirstein@yklaw.com 

robert.land@jetblue.com

jyoung@yklaw.com

msinick@ssd.com

cdonley@ssd.com

anbird@fedex.com

dvaughan@kelleydrye.com

kevin.montgomery@polaraircargo.com

recohn@hhlaw.com 

jrichardson@johnlrichardson.com

cjsimpson@zsrlaw.com 

lhalloway@crowell.com

pmurphy@lopmurphy.com 

efaberman@wileyrein.com

lachter@starpower.net 

mroller@rollerbauer.com

anita.mosner@hklaw.com 

howard.kass@usairways.com

rpommer@atlasair.com 

benjamin.slocum@usairways.com

gmurphy@crowell.com 

sophy.chen@hklaw.com

john.allen@faa.gov 

urskr@state.gov