U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 20 1 2

- 0095 (filed June 11, 2012 )

Application of Virgin America Inc. ( Virgin America ) for a b lanke t Statement of Authorization to permit Virgin America to display the “ VA ” designator code of Virgin Australia International Airlines Pty Ltd. ( Virgin Australia ) on Virgin America’s flights between any points in the United States ( in conjunction with Virgin Australia ’s Australia

- U.S. services in foreign air transportation either non

- stop or via third

country intermediate points )

.

Virgin America also requests a waiver of the 45

- day advance filing requirement under

14 CFR Part 212

. 1

Approved under assigne d authority (14 CFR §385.13).

Date of Action: June 26 , 20 1 2

This action is subject to the conditions attached ( see Appendix A). Persons entitled to petition the Department

f or 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 effecti veness.

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

1 Virgin America filed a motion requesting confidential treatment of its unredacted Codeshare Agreement under 14 CFR §302.12. We will grant the motion.

### APPENDIX 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) Virgin American and Virgin

Australia 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 ) Virgin America and/or Virgin Australia must notify the Department no later than 30 days before they begin any ne w code

- share service under the code

- share services 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

- 20 1 2

- 0095 ; 2 3

( c ) Virgin America and /or Virgin Australia 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 servi ces. Such notices should be

filed in Docket DOT

- OST

- 20 1 2

- 0095 ; 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 t hat 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 servi ce 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 carri age with the passenger; and that the passenger liability of the operating carrier be unaffected ;

( e ) The authority granted here is specifically conditioned so that neither Virgin America nor Virgin

Australia 

### shall give any force or effect to any contrac tual 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.

2 See Appendix B for list of init ial code

- share points.

3 Virgin America provided blanket notification of its intent to display Virgin Australia’s designator code in conjunction with foreign air transportation of persons, property, and mail held out by Virgin Australia between Open

- Skies p oints. We note, however, that the statement of authorization we are granting here is limited , per the express terms of Virgin America ’ s application, to the display of Virgin Australia’s designator code only between points in the United States. We will, therefore, disregard the blanket notice as moot.

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

- effectiveness or of such decision.

### APPENDIX B

Initial code

- share points

Display of Virgin Australia’s “VA” Designator Code on Virgin America Operated Flights

Routing:

From/To Los Angeles, California (LAX)

Boston, Massachusetts (BOS) Chicago, Illinois (ORD) Dallas/Fort Worth, Texas (DFW) Ft. Lauderdale, Florida (FLL) Philadelphia, Pennsylvania (PHL)

Port land, Oregon (PDX) Seattle, Washington (SEA) Washington, D.C. (IAD)