UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 22, 2010

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2005-20122 and DOT-OST-2010-0180 _____________________________________________________________________________________________________________________

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).

1. Docket DOT-OST-2005-20122

Application of CONTINENTAL AIRLINES, INC. (Continental), filed 7/8/2010 for:

XX Amendment of exemption under 49 U.S.C. 40109 to the extent necessary to permit Continental to display 

its designator code on flights operated by its foreign code-share partners on the following services:

Scheduled foreign air transportation of persons, property, and mail between points in the United States 

and points worldwide on a third-country code-share basis pursuant to blanket code-sharing statements of 

authorization previously approved by the Department. 1 2

2. Docket DOT-OST-2010-0180

Joint Application of CONTINENTAL, CONTINENTAL MICRONESIA, INC. (Continental Micronesia), 

and SPANAIR, S.A. (Spanair), filed 7/8/2010 for:

Blanket statements of authorization to permit Continental to display the (JK*) designator code of Spanair

on Continental’s flights and Spanair to display the (CO*) designator code of Continental on Spanair’s 

flights in conjunction with foreign air transportation of persons, property, and mail on flights: (1) 

between any point or points in the United States and any point or points in any European Union (EU) 

Member State (either nonstop or via intermediate Open Skies points); (2) between any point or points in 

the U.S. and any other point or points in the European Common Aviation Area where an Open Skies 

agreement is being applied; (3) between U.S. points; (4) between EU points; (5) between the EU and any 

 1 The authorized foreign carriers are: Compania Panamena de Aviacion, S.A. (COPA); Air Canada; Jazz Air LP d/b/a Air 

Canada Jazz (Air Canada Jazz); British Midland Airways Limited d/b/a bmi (bmi); British Midland Regional Limited d/b/a 

bmi Regional (bmi Regional); Deutsche Lufthansa AG (Lufthansa); Lufthansa Cityline GmbH (Lufthansa Cityline); Air 

Dolomiti S.p.A. LARE (Air Dolomiti); Augsburg Airways GmbH (Augsburg); PrivatAir GmbH; PrivatAir S.A.; Contact 

Air Flugdienst GmbH & Co. (Contact Air); Eurowings Luftverkehrs AG (Eurowings); Cirrus Airlines Luftfahrtgesellschaft 

mbH (Cirrus Airlines); Asiana Airlines, Inc. (Asiana); Air New Zealand; Scandinavian Airlines System (SAS); Brussels 

Airlines N.V./S.A. (Brussels Airlines); Aegean Airlines Societe Anonyme d/b/a Aegean Airlines S.A. (Aegean Airlines); 

TAP Portugal (TAP); and Blue 1 Ltd. (Blue1). See Notices of Action Taken on October 21, 2009, in Dockets 2005-20122, 

DOT-OST-2009-0173, DOT-OST-2009-0174, and DOT-OST-2009-0175; November 20, 2009, in Dockets 2005-20122 and 

DOT-OST-2009-0277; January 26, 2010, in Dockets DOT-OST-2005-20122 and DOT-OST-2009-0340; March 11, 2010, 

in Dockets DOT-OST-2005-20122 and DOT-OST-2010-0020; June 9, 2010, in Dockets DOT-OST-2005-20122 and DOTOST-2010-0111; June 23, 2010, in Dockets DOT-OST-2005-20122 and DOT-OST-2010-0132; September 9, 2010, in 

Dockets DOT-OST-2005-20122 and DOT-OST-2010-0206; and October 1, 2010, in Dockets DOT-OST-2005-20122 and 

DOT-OST-2010-0171. 2 Continental requests that its blanket code-share exemption authority be amended to the extent necessary to permit it to also 

place its designator code on flights operated by Spanair through March 5, 2011, coextensive with its existing exemption 

authority in Docket DOT-OST-2005-20122. 
open-skies point or points; (6) beyond the EU to any point or points; and (7) beyond the U.S. to any point 

or points.3

Applicant reps: Lorraine B. Halloway (202) 624-2500 (Continental and Continental Micronesia) and 

Michael F. Goldman (202) 944-3304 (Spanair)

DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action granting amended exemption authority is effective when taken: October 22, 2010, through

March 5, 2011. The above action granting blanket statements of authorization to the referenced carriers is

effective: October 22, 2010, and will remain in effect indefinitely, subject to conditions. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the U.S.-EU Air Transport Agreement.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated:

XX Continental’s certificates of public convenience and necessity

XX Standard U.S. carrier exemption conditions (attached as Appendix A)

XX Conditions for statements of authorization granted here (attached as Appendix B) 

XX Conditions attached to previously granted blanket statements of authorization4

_____________________________________________________________________________________________________________________

Remarks/Conditions: We note that Continental has conducted a safety audit of Spanair under the 

Department’s Code-Share Safety Audit Program, and the FAA has advised us that it has reviewed the relevant 

audit report and found it to be acceptable. 

The exemption authority granted here is for operations with the foreign code-share partners and affiliates named 

above, to include Spanair. Should Continental and any additional code-share partner be granted statements of 

authorization, Continental will need to apply for exemption authority to the extent necessary to permit 

Continental to display its code on flights operated by the new code-share partner and will need to have 

conducted code-share safety audits of its foreign partners prior to receipt of authority for such code-share 

services.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found 

Continental qualified to provide the exemption services authorized. Under authority assigned by the 

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

 3

 The joint applicants state that unless the context of their application requires otherwise, the term “Continental” includes 

Continental Micronesia. The joint applicants note that Continental Micronesia will not place its code on flights operated by 

Spanair, but Spanair will place its code on flights operated by Continental Micronesia.

4 See Notices of Action Taken dated July 9, 1998 (98-65, undocketed, Continental-COPA); October 21, 2009 (Dockets 

DOT-OST-2005-20122, DOT-OST-2009-0173, DOT-OST-2009-0174, and DOT-OST-2009-0175, Continental.-Air 

Canada and Air Canada Jazz, Continental-bmi and bmi Regional, and Continental-Lufthansa, Lufthansa Cityline, Air 

Dolomiti, Augsburg, PrivatAir GmbH, PrivatAir S.A., Contact Air, Eurowings, and Cirrus Airlines); November 20, 2009 

(Dockets DOT-OST-2005-20122 and DOT-OST-2009-0277, Continental-Asiana); January 26, 2010 (Dockets DOT-OST2005-20122 and DOT-OST-2009-0340, Continental-Air New Zealand); March 11, 2010 (Dockets DOT-OST-2005-20122 

and DOT-OST-2010-0020, Continental-SAS); June 9, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0111, 

Continental-Brussels Airlines); June 23, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0132, ContinentalAegean Airlines); September 9, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0206, Continental-TAP); and 

October 1, 2010 (Dockets DOT-OST-2005-20122 and DOT-OST-2010-0171 (Continental-Blue1).
policy; (2) grant of the authority was consistent with the public interest; and (3) 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, 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:

www.regulations.gov
Appendix A

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for 

scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to 

the Department, contained in 14 CFR 205;

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

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

(6) 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, 49 CFR Part 1544. To assure compliance with all 

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

any new service (including charter flights) to or from a foreign airport, contact its Principal Security 

Inspector (PSI) to advise the PSI 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;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public 

interest as may be prescribed by the Department of Transportation, with all applicable orders and 

regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with 

the conditions imposed above.

 

1/2008
Appendix B

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

(a) The statements of authorization will remain in effect only as long as (i) Continental, Continental Micronesia, and 

Spanair 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) Continental, Continental Micronesia, and/or Spanair, 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, which carrier will be operating the aircraft in the code-share market added, and the 

date on which the service will begin.1

 Such notice should be filed in Docket DOT-OST-2005-20122.

(c) Continental, Continental Micronesia, and/or Spanair, as appropriate, must promptly notify the Department if the 

code-share 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-2005-

20122.

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; 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 to operate to third countries is subject to the condition that any service provided under the statement 

of authorization shall be consistent with all applicable agreements between the United States and the foreign countries 

involved. Furthermore, (i) nothing in the award of this blanket statement of authorization should be construed as 

conferring upon Continental or Continental Micronesia rights (including code-share, fifth freedom intermediate and/or 

beyond rights) to serve markets where U.S. carrier entry is limited unless Continental or Continental Micronesia 

notifies the Department of their intent to serve such a market and unless and until the Department has completed any 

necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and 

(ii) should there be a request by any carrier to use the limited-entry route rights that are included in the authority of 

Continental or Continental Micronesia by virtue of the blanket statement of authorization granted here, but that are not 

then being used by Continental or Continental Micronesia, the holding of such authority will not be considered as 

providing any preference for Continental or Continental Micronesia in a competitive carrier selection proceeding to 

determine which carrier(s) should be entitled to use the authority at issue.3

(f) The authority granted here is specifically conditioned so that neither Continental, Continental Micronesia nor 

Spanair 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.

 1 Pursuant to the Department’s Notice In the Matter of Blanket Notification of Code-Share Service to Open Skies Partners and 

Points dated February 9, 2009, the joint applicants have provided notification of their intent to engage in reciprocal 

code-share services, beginning on or about September 1, 2010, between Open Skies points as outlined in their application. 2 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision. 3 The notice in paragraph (b) above can be used for this notification.