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

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 2011

- 0166 ( filed August 30, 2011 )

Application of Aerovias del Continente Americano S.A. ( Avianca ) for a blanket statement of authorization to permit Avianca to display the TA * designator code of Trans American Airlines, S.A. d/b/a TACA Pe ŕ u (TACA Peŕu) on flights operated by Avianca between a point or points in Colombia and a point or points in the United States. 1 2 Avianca also requests a waiver of the 45

- day advance filing requirements under 14 CFR Part 212. 3



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

Date of Action: September 22, 2011

_________________________________ Director, Offic e of International Aviation

This action is subject to the conditions attached. 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. This action is effective immediately, and the filing of a petition for review will not alter its effectiveness.

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

1 Avianca states that TACA Peŕu will not hold out local Colombia

- U.S. services

. 2 The initial code

- share points are attached as Appendix A.
3 The Department is acting on Avianca’s request prior to the expiration of the 45

- day advance filing requirement with the consent of all parties served.Docket DOT

- OST

- 20 10

- 0166

Application of Aerovias del Continente Americano S.A. (Avianca) for a blanket statement of authorization to permit Avianca to display the TA* designator code of Trans American Airlines, S.A. d/b/a TACA Pe ŕ u (TACA Peŕu) on flights operated by Avianca between a point or points in Colombia and a point or points in the United States.

The code

- share operations authorized here are subject to the following conditions :
(a) The statement of authorization will remain in effect only as long as (i) Avianca and T A CA Pe ŕu 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) Avianca and /or TACA Pe ŕu must promptl y notify the Department if the code

- share agreement providing for the code

- share operations is no longer effective or the carriers decide to cease operating the approved code

- share services. Such notice should be filed in Docket DOT

- OST

- 20 1 1

- 0166

. 4

(c) Avianca and /or TACA Pe ŕ u m ust notify the Department no later than 30 days before they begin any new 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 services will begin. Such notices shall be filed in Docket DOT

- OST

- 20 1 1

- 0 166

.
d) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulations concerning code

- share arrangements tha t 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 service in the 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 car riage 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 Avianca nor TACA Pe ŕu shall give any force or effect to any contractual provisio ns between themselves that are contrary to these conditions.

( f

) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

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

- effectiveness or of such decisio n.Appendix A

Initial Code

- share Points

TACA Peŕu’s TA* designator code will be displayed on flights operated by Avianca in the following markets:

Fort Lauderdale

– Bogotá

Miami

– Bogotá Cali Medellin

New York

– Bo g otá Medellin

Washington, D.C.

– Bogotá