UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2012-0066

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 between Honolulu and Vancouver, for the purpose of 

transporting passengers between Korea and North America. WestJet also requests 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, 20121

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.

 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 as (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code-share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion of 

the approved code-share services. Such notices should be filed in Docket DOT-OST-2012-0066;

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 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 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 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 any 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 World Wide Web at

http://www.regulations.gov

 2 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.