## ) UNITED STATES OFAMERICA DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C.

DEPARTMENT ACTION ONAPPLICATION IN DOCKET DOT-OST-2013-0037 filed February 28, 2013 Application ofAerLingus Limited (AerLingus) for a blanket statement ofauthorization under 14 CFR Part 212 for an indefmite duration to permitAerLingus to display the (EY*) designator code ofEtihad Airways P.J.S.C. (Etihad) on flights operated by Aer Lingus in conjunction with Etihad's authorized services underthe U.S.-UAE Agreement: (i) between any point orpoints in the United States and any
·point orpoints in the European Union (on a nonstop basis and intermediateroutingvia open-skies

points); (ii) between any point orpoints in the United States and any otherpoint orpoints in the European Common Aviation Area, where an open-skies agreement is being applied; (iii) between EU points; and (iv) beyond the United States ortheEuropean 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 ofthis action under the Department's regulations, 14 CFR § 385.30, should file theirpetitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofapetition 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.

1Aer 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 ofauthorization 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 mustpromptlynotify 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 ofsuchnon-effectiveness or ofsuch decision. Such notices should be filed in docket DOT-OST-2013-0037. (c) AerLingus and/or Etihad must notify the Departmentno laterthan 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 ofthe carrier holding out such service inthe computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown on the 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 carrierbe 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 betweenthemselves that are contraryto these conditions. (f) We may amend, modify, orrevoke the authority granted at any time without hearing at our discretion.

2 Aer Lingus provided notice ofits 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 Departmentwith 30-day notice before commencing code-share services to non-open skies points.