### U.S. Department of Transportation 

### Office ofthe Secretary ofTransportation



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2014-0161 (filed September 11, 2014)


### Joint application ofKorean AirLines Co., Ltd., (Korean) andLAN Peru S.A. (LAN Peru) for: 1) a blanket statement ofauthorization to permitKorean to display the LA* designator code ofLAN Peru on flights operated by Korean in conjunctionwith foreign air transportation ofpersons, property and mail between points behind the Republic ofKoreavia the Republic ofKorea and intermediate points to a point orpoints in the United States and beyond; and 2) a blanket statement ofauthorization to permitLAN Peru to display the KE* designator code ofKorean on flights operated by LAN Peru in conjunctionwith foreign air transportation ofpersons, property and mail between points behind Peruvia Peru and intermediate points to a point orpoints in the United States and beyond. 1


### The Joint Applicants request that their blanket statements ofauthorization be granted for an indefinite period. 

### Approved under assigned authority (14 CFR 

### § 385.13).



### Date ofAction: September 24, 2014



### tee ofInternational Aviation

This action is subjectto the conditions attached. Persons entitled to petition the Department for review ofthis action under the Department's regulations, 14 CFR 

### § 385.30, 

### should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness.

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

### http:/ Ilwww

### .regulations.gov

1 Thejoint applicants state that they will carry traffic ofthe other carrier between the Republic ofKorea and Peru only, and the code-sharing services will notbe available to either carrier's passengers originating at or destined for points in the United States; points in the United States will only serve as a transit point at which traffic between the Republic of Korea and Peru will connect.The code-share operations authorized here are subject to the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) Korean and LAN Peru continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement providing forthe code-share operations remains in effect. (b) Korean and /or LANPeru must promptly notify the Department ifthe code-share agreement providing for the code-share operations is no longer effective orthe carriers decide to cease operating any or all ofthe approved code-share services. 2 Such notice should be filed in Docket DOT-OST-2014-0161. (c) Korean and/or LAN Peru must notify the Department no laterthan 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 onwhich the services will begin. Such notice shall be filed in DocketDOT-OST-2014-0161.3 (d) The code-sharing operations conducted under this authority must comply with 14 CFR257 and with any amendments to the Department's regulations concerning code-share arrangements that may be adopted. Notwithstanding any provisions in the contract betweenthe carriers, our approval here is expressly conditioned upon the requirements thatthe subject foreign airtransportation be sold in the name ofthe carrier holding out such service in computerreservation systems and elsewhere; thatthe carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety ofthe code-share journey for all obligations established in its contract ofcarriage with the passenger; and thatthe passenger liability ofthe operating carrier be unaffected. (e) The authority granted here is specifically conditioned so that neither Korean norLAN Peru shall give any force or effectto any contractual provisions between themselves that are contrary to these conditions. (f) We may amend, modify, orrevoke the authority granted at any time without hearing at our discretion.

2 We expect this notification to be received within 10 days ofsuch non-effectiveness or ofsuch decision. 3 Thejoint applicants provide initial code-share notice in their application indicating that Korean will display the LA* code on flights operatedby Korean in the Los Angeles-Seoul market and LAN Peru will display the KE* code on flights operatedby LAN Peru in the Los Angeles-Lima market.