Served: April 29, 2011

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Joint Application of

AIR CANADA, THE AUSTRIAN GROUP, BRITISH MIDLAND AIRWAYS LTD., CONTINENTAL AIRLINES, INC., DEUTSC HE LUFTHANSA AG, POLSKIE LINIE LOTNICZE S.A., SCANDINAVIAN AIRLINES SYSTEM, SWISS INTERNATIONAL AIRLINES, LTD., TAP AIR PORTGUAL , AND UNITED AIRLINES, INC.

under 49 U.S.C. §§ 41308-41309 for approval of and antitrust im munity for alliance agreements

Docket DOT-OST-2008-0234

NOTICE AND ORDER

On April 21, 2011, the above-captioned members of th e Star Alliance, together referred to as the “Joint Applicants,” submitted a joint motion 1 asking the Department to recognize Brussels Airlines’ participation in the imm unized alliance and joint venture.

Access to Documents

Along with their Joint Motion, the Joint Applicants made a separa te filing seeking confidential treatment under 14 C.F.R. § 302.12 (Rule 12) of the Department’s regulations for supporting

documents and information. 2 They state that this material is confidential, proprietary, and commercially sensitive, which they believe qualifi es it to be withheld from public disclosure. They ask that access to this material be limited to counsel and outside experts who have filed valid confidentiality affidavits. 3

In order to afford interested pa rties prompt access to the document s in the record, we will grant

immediate interim access to all documents covere d by the Rule 12 motion to counsel and outside experts for interested parties who file appropria te affidavits with the Department in advance. 4 Moreover, parties will be permitted to make copies of the documents, at the Dockets facility, for use by persons who have filed confidentiality affidavits. We also find it appropriate to grant

1 See Joint Motion (April 21, 2011).

2 See Joint Motion for Confidential Treatment (April 21, 2011).

3 See Joint Motion for Confidential Treatment, at 1-3 (April 21, 2011).

4 See, e.g., Delta/Northwest/Air France/KLM/Alitalia/Czech Case, OST-2007-28644, Notice (providing access to documents) (July 3, 2007).2

interim access to any subsequent materials that may be filed in this case under a Rule 12 motion under the same terms, unless the party filing the motion objects.

We expect all affidavits to state, at a minimum, that (1) the affi ant is counsel for an interested party or an outside independent expert providing se rvices to such a party; (2) the affiant will use the information only for the purpose of participati ng in this proceeding; and (3) the affiant will disclose such information only to other pers ons who have filed a valid affidavit in the appropriate docket for this case. Affiants and interested parties must understand and agree that any pleading or other filing that includes or discusses information contained in the covered documents must itself be accompanied by a Rule 12 motion requesting confidential treatment.

Affidavits must be filed in Docket OST-2008- 0234 with the Department of Transportation, Dockets, Room W12-140, 1200 New Jersey Avenue, SE, Washington, D.C. 20590.

Affiants may examine the documents at the De partment of Transpor tation at the Dockets location. Affiants must present a stamped copy of the affidavit filed with the Department of Transportation before examination of the documen ts. Immediately after the completion of any judicial review of our final deci sion in this docket or the expi ration of the 60-day period within which a person may petition for judicial review , all persons who have filed confidentiality affidavits in this proceeding are he reby directed to file a further affi davit stating that all copies of the applicants’ confidential materials have been destroyed or returned to the applicants.

Suspension of Procedural Schedule

Additionally, we suspend the procedural schedule in this proceeding until we have determined whether the record is substantially complete. At su ch time as we may determine that the record is substantially complete, we will announce a procedural schedule, including an opportunity for public comment.

American Airlines has recently filed a motion for a 14-day extension to the answer period. 5 The procedure established above affords American th e relief requested. A ccordingly, we hereby

dismiss American’s motion.

We will serve this Notice and Order on all persons on the service list for this docket.

5 See Motion of American Airlines (April 28, 2011).3

By:

SUSAN L. KURLAND Assistant Secretary

for Aviation and International Affairs

Date:

(SEAL)

An electronic version of this document is available at http://www.regulations.gov