BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of TYROLEAN AIRWAYS TIROLER LUFfFAHRT GESMBH Docket DOT-OST-2014-__ for a Statement of Authorization pursuant to 14 C.F.R. Part 212 (intra-European codesharing) APPLICATION OF TYROLEAN AIRWAYS TIROLER LUFfFAHRT GESMBH FOR A STATEMENT OF AUTHORIZATION Communications with respect to this document should be sent to: Arthur J. Molins General Counsel, The Americas Lufthansa Group 1640 Hempstead Turnpike East Meadow, NY 11554 Telephone: (516) 296-9234 Fax: (516) 296-9399 arthur.molins@dlh.de Counsel for Tyrolean Airways Tiroler Luftfahrt GesmbH

November 3, 2014

NOTICE: Tyrolean is requesting expedited treatment of this application. Lufthansa, filing this application on Tyrolean's behalf, will poll the U.S . carrier representatives listed on the attached service list and report the results to the Department.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of TYROLEAN AIRWAYS TIROLER LUFTFAHRT GESMBH for a Statement of Authorization pursuant to 14 C.F.R. Part 212 (intra-European codesharing) APPLICATION OF Docket DOT-OST-2014-

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TYROLEAN AIRWAYS TIROLER LUFTFAHRT GESMBH FOR A STATEMENT OF AUTHORIZATION Tyrolean Airways, 1 a regional affiliate of Austrian Airlines, applies for a statement of authorization pursuant to 14 C.P.R. Part 212 to engage in the codeshare services described below. 2 Tyrolean requests expedited processing of this application so that the marketing and sale of the codeshare services described herein can begin without delay. 3 Tyrolean also asks that the statement of authorization be granted for an indefinite period. Tyrolean states as follows in support of this application: 1. Tyrolean is currently operating certain flights within Europe on behalf of Swiss pursuant to a wet-lease agreement. In addition, Swiss and United hold authority from the Department to engage in reciprocal codesharing pursuant to a codeshare agreement between the

Common names are used for airlines . 2 Lufthansa is filing this application on behalf and with the permission of Tyrolean. 3 To the extent necessary, Tyrolean requests a waiver of the 45 -day advance filing requirement contained in 14 C.F.R. § 212. 10(d)(2) .Application ofTyrolean Page2 two carriers. 4 In order to further implement the United/Swiss codeshare arrangement, Tyrolean requests that the Department grant it a statement of authorization permitting it to display United's "UA*" designator code on flights operated by Tyrolean within the European Union (EU) or European Common Aviation Area (ECAA) countries and beyond to any point or points in conjunction with services held out by United between the United States and the EU or ECAA countries and beyond to any point or points (either non-stop or via third country intermediate points), including flights operated by Tyrolean pursuant to its wet-lease arrangement with Swiss. 2. Pursuant to the authority requested herein, Tyrolean initially plans to transport United passengers on aircraft wet-leased to Swiss between Geneva and Zurich on the one hand, and Lugano, Switzerland on the other hand, as soon as all necessary approvals have been secured. 3. Tyrolean is a carrier of Austria, licensed by the Austrian government. Tyrolean holds an exemption permitting it to operate scheduled foreign air transportation of persons , property and mail between points within Austria, and between points in Austria and points in third countries. 5 This exemption was subsequently amended to permit Tyrolean to operate scheduled foreign air transportation of persons, property and mail by displaying the code of any duly authorized U.S. air carrier between any point or points in any Member State of the EU or ECAA and beyond to any point or points. 6 Tyrolean now seeks to expand its authority to enable

4 See Department Action dated Oct. 19, 2005 in Docket DOT-OST-2005-22464 (United/Swiss) . 5 See Notice ofAction Taken dated Nov . 23, 2011 in Docket DOT-OST-2000-7838 . 6 See Notice ofAction Taken dated Feb. 2, 2012 in Docket DOT-OST-2000-7838.Application ofTyrolean Page 3 it to display United's "UA*" designator code on Tyrolean's flights operated on behalf of Swiss via the wet-lease agreement. 4 . Approval of this application is fully consistent with the terms of the U.S.-EU7 and U.S .-Switzerland8 open skies agreements . All relevant bilateral considerations support prompt approval of this application, and such approval would be consistent with the Department' s decisions in other recent similar cases. 9 Approval would also be in the public interest because it would enable United to expand its network to include more flights to more cities beyond its European gateways by codesharing on Tyrolean's intra-European flights, including those operated on behalf of Swiss pursuant to its wet lease arrangement with Tyrolean, thereby providing more service options for customers . 5. Tyrolean has successfully completed an IOSA Safety Audit for codesharing with United, which remains current and is consistent with DOT/FAA Code Share Safety Program Guidelines. 6. Tyrolean plans to display United's designator code on its flights after all governmental approvals have been obtained. Tyrolean agrees to accept the Department's standard conditions and notice requirements imposed on codeshare arrangements.

7 Air Transport Agreement between the United States of America and the European Community and its Member States (Apr. 30, 2007), as amended. 8 Air Transport Agreement between the United States of America and the Swiss Confederation (Jun. 15, 2010). 9 See, e.g. , Department Actions dated Feb. 2, 2012 in Docket DOT-OST-2012-0005 (Tyrolean/Brussels Airlines/US Airways) and May 4, 2012 in Docket DOT-OST-2012-0054 (Tyrolean/Brussels Airlines/United).Application ofTyrolean Page4 WHEREFORE, Tyrolean respectfully requests that the Department promptly grant its application for a statement of authorization, as described above, and such other relief as the Department may deem appropriate.

November 3, 2014 General Counsel, The Americas Lufthansa Group 1640 Hempstead Turnpike East Meadow, NY 11554 Telephone: (516) 296-9234 Fax: (516) 296-9399 arthur.molins@dlh.de Counsel for Tyrolean Airways Tiroler Luftfahrt GesmbHCERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document on all persons named below by causing a copy to be sent via email: msinick@ssd.com howard.kass@ aa.com robert.wirick@aa.com sascha.vanderbellen@delta.com sametta.c.bamett@delta.com chris.walker@delta.com jrichardson@johnlrichardson.com jcanny@amerijet.com jhill @cooley.com perkmann@cooley.com nssparks @fedex.com dan.weiss@united.com steve.morrissey@united.com

November 3, 2014 sllunsford @fedex.com gbleopard @fedex.com mlbenge@zsrlaw.com jhfoglia@zsrlaw .com jyoung@yklaw.com dkirstein@yklaw.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com matwood @cozen.com kevin. montgomery@polaraircargo.com john.s.duncan @faa.gov dwight.moore@transcom.mil englets@state.gov

Robin McDougall