U.S. Department of Transportation Office ofthe Secretary ofTransportation


### DEPARTMENT ACTION ON APPLICATION IN DOCKET OST-2014-0186 filed November 3, 2014 Application ofTyroleanAirways TirolerLuftfahrt GesmbH (Tyrolean) for a blanket statement ofauthorization for an indefinite period to permitTyrolean to display the UA* designator code ofUnited Airlines, Inc. (United) on flights operatedby Tyroleanwithin the European Union (EU) orEuropean CommonAviation Area (ECAA) countries and beyond to any point orpoints in conjunctionwith services held out by United between the United States and the EU orECAA countries and beyond to any point or points (eithernon-stop orvia third country intermediatepoints), including flights operatedby Tyrolean pursuantto its wet-lease

arrangementwith Swiss. The applicants also requests a waiver ofthe 45-day advance filing requirements under 14 CFRPart212. 1


### Approved under assigned authority (14 CFR § 385.13).

Date ofAction: December 17, 2014



### This action is subjectto the conditions attached. Persons entitled to petitionthe Department for review ofthis action under the Department's regulations, 14 

### CFR § 385.30, should file theirpetitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at: http://dms.dot.gov/lreports/reports aviation.asp

1 The Department is acting on the Joint applicant's request prior to the expiration ofthe 45-day advance filing requirement with the consent ofall parties served.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) Tyrolean, Swiss, and United 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) Tyrolean, Swiss, and/or United mustpromptly notify the Department (Office ofInternational Aviation) if the code-share agreement providing for the code-share operations is no longer effective or the carriers decide to cease operating any or all ofthe approved code-share services? Such notice should be filed in Docket OST-2014-0186. (c) Tyrolean, Swiss, and/or United must notify the Departmentno 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 services will begin. Such notices shall be filed in Docket OST-2014-0186. 3 (d) The code-sharing operations conducted under this authority must comply with 14 CFRPart 257 and with any amendments to the Department's regulations concerning code-share arrangementsthat 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 ofthe carrier holding out such service in the computerreservation systems and elsewhere; that the carrier selling suchtransportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety ofthe codesharejourney for all obligations established in its contract ofcarriage withthe passenger; that the passenger liability ofthe operating carrier be unaffected; and thatthe operating carrier shall not permitthe code ofits U.S. code-sharing partnerto be carried on any flight that enters, departs, ortransits the airspace ofany area for whose airspace the Federal Aviation Administration has issued a flight prohibition. (e) Any service provided shall be consistent with all applicable agreements between the United States and other foreign countries involved. Furthermore, (i) nothing in the award ofthis blanket statement of authorization should be construed as conferring upon United rights (including code-share, fifth-freedom intermediate and/or beyondrights) to serve markets where U.S. carrierrights are limited unless United notifies us ofits intent to serve such market and unless and until the Departmenthas completed any necessary carrier selection procedures to determine which carrier(s) should be authorizedto exercise such rights;4 and (ii) should there be a request by any carrier to use the limited-entry route rights that are included in United's authority by virtue ofthe blanket statement ofauthorization granted here, butthat are notbeing used by United, the holding ofsuch authority will not be considered as providing any preference for United in a carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. (e) The authority granted here is specifically conditioned so that neither Tyrolean, Swiss, nor United shall give any force or effectto any contractual provisions between themselves that are contrary to these conditions. (f) We may amend, modify, orrevoke the authority granted at any time without hearing at our discretion.

2 We expectthis notification to be received within 10 days ofsuch non-effectiveness or ofsuch decision. 3 Tyrolean states that it initially plans to transport United passengers on aircraft wet-leased to Swiss between Geneva andZurich on the onehand, and Lugano, Switzerland on the other hand. 4 The notice referenced in condition (c) above may be used for this notification.