UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 2007

- 28897

filed July 31, 2007, as amended February 26, 2010, and August 13, 2013

Joint Application of Croatia Airlines and United Airlines, Inc. (United) for a statement of authorization to permit Croatia Airlines to display the designator code of United on flights operated by Croatia Airlines (1) between any points within Croatia in conjunction with services held out by United between the United States and Croatia (either non

- stop or via third

- country intermediate points); and (2) between any point in Croatia and any point in any third country

. 1



### *Approved under ass igned authority (14 C.F.R. § 385.13)

Date of Action: November 4 , 20 1 3

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.

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

1 Our present action addresses a portion of the joint applicants’ pending request in this Docket, on which the Department previ ously

deferred action. See Notice of Action Taken dated March 22, 2010, in this Docket.

### ATTACHMENT A

The statement of authorization is subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Croatia Airlines and United continue to hold the necessary underlying authority to operate the code

- share services at issue, and (ii) the code

- share agreement providing

for the c ode

- sha re operations remains in effect.

(b ) Croatia Airlines and/or United , 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 id entify 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. Such notice should be filed in Docket DOT

- OST

- 2007

- 28897

. 2



### ( c ) Croatia Airlines and/or United 

### 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 sh ould be filed in Docket DOT

- OST

- 2007

- 28897. 3

( 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 reserv ation 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 th e

passenge r; 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 who se airspace the Federal Aviation Administration has issued a flight prohibition.

( e ) The authority granted here is specifically conditioned so that neither Croatia Airlines nor United 

### shall give any force or effect to any contractual provisions between t hemselves 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 The joint applicants provided notice of their intent to engage in reciprocal code

- share services (1) between any point (s) in the United States and any point (s) in Croatia, on a nonstop basis and intermediate routings via Open Skies points; (2) between points in the United States; (3) between po ints in Croatia ; (4) beyond Croatia to any Open Skies point (s) ; and (5) beyond the United States to any Open Skies point (s). We note, however, that Croatia Airlines’ authority to display the “UA” code is limited to services (1) between any points within C roatia in conjunction with services held out by United between the United States and Croatia (either non

- stop or
via third

- country intermediate points); and (2) between any point in Croatia and any point in any third country.

3 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.