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., DEUTSCHE 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 immunity for alliance agreements 

Docket DOT-OST-2008-0234 

NOTICE AND ORDER 

On April 21, 2011, the above-captioned members of the Star Alliance, together referred to as the 

“Joint Applicants,” submitted a joint motion1 asking the Department to recognize Brussels 

Airlines’ participation in the immunized alliance and joint venture. 

Access to Documents

Along with their Joint Motion, the Joint Applicants made a separate 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 qualifies 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 parties prompt access to the documents in the record, we will grant 

immediate interim access to all documents covered by the Rule 12 motion to counsel and outside 

experts for interested parties who file appropriate 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). 
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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 affiant is counsel for an interested 

party or an outside independent expert providing services to such a party; (2) the affiant will use 

the information only for the purpose of participating in this proceeding; and (3) the affiant will 

disclose such information only to other persons 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 Department of Transportation at the Dockets 

location. Affiants must present a stamped copy of the affidavit filed with the Department of 

Transportation before examination of the documents. Immediately after the completion of any 

judicial review of our final decision in this docket or the expiration 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 hereby directed to file a further affidavit 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 such 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 the relief requested. Accordingly, 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). 
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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