U.S. Department of

Transportation

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2011-0181

filed September 20, 2011

Joint application of LAN Airlines S.A. (LAN) and Japan Airlines Co., Ltd. (JAL) for: 1) a statement of 

authorization to permit LAN to display the “JL” designator code of JAL on flights operated by LAN in 

conjunction with foreign air transportation of persons, property, and mail between any point or points 

behind Chile, via any point or points in Chile and any intermediate point or points, to any point or points 

in the United States and beyond; and 2) a statement of authorization to permit JAL to display the “LA” 

designator code of LAN on JAL operated flights in conjunction with foreign air transportation of 

persons, property, and mail between any point or points behind Japan, via any point or points in Japan 

and any intermediate point or points, to any point or points in the United States, and beyond. The joint 

applicants also request a waiver of the 45-day advance filing requirement under 14 CFR Part 212.

 Approved under assigned authority (14 CFR §385.13).

 Date of Action: October 3, 2011

This action is subject to the conditions attached (see Attachment A). 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.
ATTACHMENT A

The statements of authorization are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) LAN and JAL 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) LAN and/or JAL 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 and the date on which the service will begin. Such notices should be filed in 

Docket DOT-OST-2011-0181;

1

(c) LAN and/or JAL must notify the Department immediately if the code-share agreement under which

these code-share services are operated is no longer in effect or if the carriers decide to cease operating all 

or a portion of the approved code-share services. Such notices should be filed in Docket DOT-OST2011-0181;

2

(d) The code-sharing operations conducted under this authority must comply with 14 CFR Part 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 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 LAN nor JAL shall give any 

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

and

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

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov

 1 The joint applicants provided notice of their intent to engage in code-share services to open skies points. The joint 

applicants also state that they will provide the Department with 30-day notice before commencing code-share 

services to non-open skies points. 2 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.