UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

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- 0066

filed May 3, 2012

Application of WestJet for a statement of authorization to permit WestJet to display the Korean Air

Lines Co., Ltd (KAL) designator code ( KE * ) on WestJet operated flights between Los Angeles and Vancouver, Calgary, and Edmonton; between Las Vegas and Vancouver and Calgary; between San

Francisco and Vancouver and Calgary; and betwe en Honolulu and Vancouver

, for the purpose of transporting passengers between Korea and North America

. WestJet also request s 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: May 8 , 2012 1



### Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR § 385.30, should fi le 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 he aring, at our discretion.

* 

### The authority granted is subject to the attached conditions.

1 We acted on the application without awaiting expiration of the answer period with the consent of all parties served.

### ATTACHMENT A

The statement of authorization is subject to the following conditions:

(a) The statement of authorization will remain in effect only as long a s (i) WestJet and KAL 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 ) WestJet and/or KAL 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- share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion o f the approved code

- share services. Such notices should be filed in Docket DOT

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- 20 12

- 0066 ; 2

( c ) The code

- sharing operations conducted under this authority must comply with 14 CFR Part 257 and with any amendments to the Department's regulations concer ning 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 c arrier 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 establi shed in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected;

( d ) The authority granted here is specifically conditioned so that neither WestJet nor KAL 

### shall give any force or effect

to an y contractual provisions between themselves that are contrary to these conditions ; and

( e ) 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 Wo rld Wide Web at http://www.regulations.gov

2 We expect this notification to be r eceived within 10 days of such non

- effectiveness or of such decision.