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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT -OST -2013-0037 

filed February 28, 2013 

Application of Aer Lingus Limited (Aer Lingus) for a blanket statement of authorization under 14 CFR 

Part 212 for an indefmite duration to permit Aer Lin gus to display the (EY*) designator code of Etihad 

Airways P.J.S.C. (Etihad) on flights operated by Aer Lingus in conjunction with Etihad's authorized 

services under the U.S.-UAE Agreement: (i) between any point or points in the United States and any 

· point or points in the European Union (on a nonstop basis and intermediate routing via open-skies 

points); (ii) between any point or points in the United States and any other point or points in the 

European Common Aviation Area, where an open-skies agreement is being applied; (iii) between EU 

points; and (iv) beyond the United States or the European Union to any points in any third country 

where an open-skies agreement is being applied with the United States.l 

*Approved under assigned authority (14 C.F.R. § 385.13) 

March 14, 2013 

Persons entitled to petition the Department for review of this action under the Department's regulations, 

14 CFR § 385.30, should file their petitions within seven days of the date of this action. This action is effective 

immediately, and the filing of a petition for review will not alter its effectiveness. 

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

• The authority granted is subject to the attached conditions. 

1 Aer Lingus states that its initial code-share routes will be Dublin/Shannon, on the one hand, and Boston/New York (JFK)/Chicago, 

on the other. 
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) Aer Lingus and Etihad 

·continue to hold the 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) Aer Lingus and/or Etihad must promptly notify the Department if the code-share agreement 

providing for the code-share operations is no longer effective or the carriers decide to cease 

operating any or all of the approved code-share services. We expect this notification to be 

received within 10 days of such non-effectiveness or of such decision. Such notices should be 

filed in docket DOT-OST-2013-0037. 

(c) Aer Lingus and/or Etihad 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, which carrier will be operating the aircraft in the added codeshare market, and the date on which the service will begin. Such notice should be filed in 

Docket DOT-OST-2013-0037.2 

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

(e) The authority granted here is specifically conditioned so that neither Aer Lingus nor Etihad shall give 

any force or effect to any·contractual provisions between themselves that are contrary to these 

conditions. 

(f) We may amend, modify, or revoke the authority granted at any time without hearing at our 

discretion. 

2 Aer Ling us provided notice of its intent to engage in code-share services to open skies points as outlined in its application. Aer 

Lingus also stated that it will provide the Department with 30-day notice before commencing code-share services to non-open skies 

points.