UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 20 1 3

- 0050

filed March 13 , 201 3

Joint a pplication of Czech Airlines j.s.c. (Czech) and Korean Air Lines C o., Ltd. (Korean) for a blanket statement of authorization under 14 C.F.R. Part 212 to permit Korean to display, on a blind sector basis, Czech’s “OK” designator code on flights operated by Korean between the Republic of Korea and the United States, in

con junction with foreign air transportation of persons, property and mail held out by Czech between a point or points in the Czech Republic via third country intermediate points, on the one hand, and a point or points in the United States, on the other hand. 1

The joint applicants also request a waiver of the 45

- day advance filing requirement under 14 CFR Part 212.



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

Date of Action: March 21 , 201 3 2



### 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

immedia tely, 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.

1 The applicants state that the Republic of Korea will serve as a transit point at which Czech traffic between the United States and the Czech Republic will connect, and that these code

- share services will not be available to Czech passengers with an ultimate origin or destination in the Republic of Korea.

2 The Department is acting on the application prior to the expiration of the answer period with the consent of all parties serv ed.

### AT TACHMENT 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) Korean and Czech continue to hold the necessary underlying authority to operate the code

- shar e services at issue, and (ii) the code

- share agreement providing for

the code

- share operations remains in effect;

( b ) Korean and/or Czech must notify the Department no later than 30 days before they begin any new code

- share service

under the code

- share s ervices 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

- 201 3

- 0050 ; 3



### ( c ) Korean and/or Czech 

### must notify the Department immediately if t he 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

- OST

- 201 3

- 0050 ; 4

( 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 contrac t 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 th e passenger; and that the passenger liability of the op erating carrier be unaffected;

(e) The authority granted here is specifically conditioned so that neither Korean nor Czech 

### 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

3 The Joint Applicants state that beginning on or about April 1, 20 13

, Korean intends to display the Czech “OK ” designator code on

fli ghts between Seoul, Republic of Korea, and Guam.

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

- effectiveness or of such decision.