BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Joint A pplication 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

- 20 11

-

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 t he application.2 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Joint A pplication 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

- 20 11

-

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 s tatement s of a uthorization 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

co nsequently 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 DOT

OST

- 2006

- 256 16 . 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 poin ts 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

- OST

2010

- 0283 . Tha t 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 Me mber 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 fli ghts 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 S t ate 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) ; DOT

OST

- 2010

- 0248, October 21, 2010 (British Airways/Iberia).

5

. Blanket authorizations are in the public interest because they enable codeshare partne rs 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 ava ilable 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 hereb y 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 1 4 CFR
Part 257 and will accept the Department’s standard codeshare condition s
.

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 g rant
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 su ch other additional relief as the Department may deem appropriate

. OpenSkies and Iberia further request that t he 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 OperadoraCERTIFICATE 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.co m 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 ke vin.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