### CORRECTED COPY*

UNITED STATES OF AMERICA DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2014-0147 filed August 26, 2014 

### Application ofWestJet for a blanket statement ofauthorization under 14 CFRPart 212 to permitit to display the Cl* designator code ofChina Airlines, Ltd. (China Airlines) on flights operated byWestJet from any point orpoints behind Canada,via any point orpoints in Canada, and via intermediate points to any point orpoints in the United States and beyond. 1 

### WestJet also requests a waiver ofthe 45-day advance filing requirement under 14 CFRPart 212. *Approved under assigned authority (14 C.F.R. §385.13). Date ofAction: 

### September 9, 

### 2014

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### Office oflntemational Persons entitledto petitionthe Department for review ofthis action under the Department's regulations, 14 CFR § 385.30, should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, andthe filing ofa petition for review will not alter its effectiveness. We may amend, modify, or revoke the authority granted at any time, withouthearing, at our discretion.
*The authority granted is subjectto the attached conditions.

1WestJet states that China Airlines will market its proposed code-share service in accordance with China Airlines' authority to conduct foreign air transportation ofpersons, property between a point or points in Taiwan and a point orpoints in the United States (either nonstop or viathird country intermediate points, and beyond). Itfurther states that China Airlines will not market its proposed code-share service to local passengers traveling solely between Canada and the United States.The code-share operations authorized here are subject to the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) WestJet and China Airlines continue to holdthe 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 ChinaAirlines mustpromptly notify the Department ifthe code-share agreementproviding for the code-share operations is no longer effective orthe carriers decide to cease operating any or all ofthe approved code-share services. We expect this notification to be received within 10 days ofsuch non-effectiveness or ofsuch decision. Suchnotices should be filed in docket DOT-OST-2014-0147. (c) WestJet and/or ChinaAirlines must notify the Department no later than 30 days before they begin any new code-share service underthe 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 notice should be filed in Docket DOT-OST-2014-0147. 1 (d) The code-sharing operations conducted under this authority must comply with 14 CFR257 and with any amendments to the Department's regulations concerning code-share arrangements that may be adopted. Notwithstanding any provisions in the contractbetweenthe carriers, our approval here is expressly conditioned uponthe requirements that the subject foreign air transportationbe sold in the name ofthe carrier holding out such service in the computer reservation systems and elsewhere; that the carrier selling suchtransportation (i.e., the carrier shown onthe ticket) accept responsibility for the entirety ofthe code-sharejourney for all obligations established in its contract ofcarriage withthe passenger; and that the passenger liability ofthe operating carrier be unaffected. (e) The authority granted here is specifically conditioned so that neither WestJet nor ChinaAirlines shall give any force or effect to any contractual provisions betweenthemselves that are contrary to these conditions. (f) We may amend, modify, orrevoke the authority granted at any time without hearing at our discretion.

1WestJet states that it initially intends to display the CI* designator code in the Calgary-Los Angeles and Vancouver- Los Angeles markets. WestJet provides notice ofits intentto engage in code-share services to open skies points as described in its application and states that it will notify the Department no later than 30 days before commencing any code-share services to non-open skies points.