UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 20 1 1

- 0 0 34

filed February 22 , 2011

Application of Edelweiss Air AG ( Edelweiss ) for a statement of authori zation to permit Edelweiss to display the Swiss International Air Lines Ltd. (Swiss) “ LX ” designator code on Edelweiss operated flights

between Zurich, Switzerland and Anchorage, Alaska, via Whitehorse

, Canada

.

*Approved under assigned authority (14 C .F.R. § 385.13)

Date of Action: March 2 8 , 2011

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. T his 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 t he attached conditions.

### ATTACHMENT A

The statement s of authorization are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Edelweiss and Swiss continue to hold the necessary underlyi ng 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 ) Edelweiss and/or Swiss must notify the Department no later than 30 days before they begin any new c ode

- 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

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- 2011

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### ( c ) Edelweiss and/or Swiss 

### m ust 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- share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion of the approved code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 sho uld be filed in Docket DOT

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- 2011

- 00 34 ; 1

( 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 that may be adopted. Not withstanding 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 reservati on 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 th e

passenger; and that the passenger liability of the operating carrier be unaffected;

(e) The authority granted here is specifically conditioned so that neither Edelweiss nor Swiss 

### shall give any force or effect to any contractual 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.

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

1 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.