U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

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filed September 2 0 , 201 1

Joint a pplication of L AN Airlines S.A. (L AN ) and Japan Airline s Co., Ltd. (JAL) for : 1) a s tatement of

a uthorization 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 Chi le, 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 conju nction 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 appli cants 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: Octo ber 3 , 20 1 1

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 statem ent s of authorization are subject to the following conditions:

(a) The statement s 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

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( 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

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( 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 approv al 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 autho rity 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 the ir 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.