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



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 20 1 2

- 0005 filed January 12 , 201 2

Application of Tyrolean Airways Tiroler LuftFahrt GesmbH (Tyrolean) for a statement of authorization

to display the “ US ” designator code of US Airways , Inc. ( US Airways ) on flights operated by Tyrolean within the European Union (EU) or European Common Aviation Area (ECAA) countries and beyond to any point or points in conjunc tion with services held out by US Airways between the United States and the EU or ECAA countries and beyond to any point or points (either non

- stop or via third country intermediate points), including flights operated by Tyrolean pursuant to its wet

- lease arrangement with Brussels Airlines NV/SA (Brussels). 1



### The applicant also request s a waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

*Approved under assigned authority (14 C.F.R. § 385.13)

Date of Action: February 2 , 201 2

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.

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

* 

### The authority gran ted is subject to the attached conditions.

1 See Appendix B for a list of initial code

- share points. We note that U.S.

- Russia third

- country code

- share opportunities are limited under the U.S.

- Russia ad referendum agreement. In this regard, and pursuant to Order 2008

- 11

- 5, U S Airways is current ly authorized to serve between any point or points in the United States and Zurich and beyond Zurich to Moscow and St. Petersburg, pursuant to its code

- share arrangement with Swiss International Air Lines Ltd. (Swiss)

. The “US” code m ay not be displayed on flights to Russia pursuant to this authority unless US Airways substitute s its current ly authorized code

- share partner and intermediate point, as described in that Order.

### APPENDIX A

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) Tyrolean and US Airways 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 and/or US Airways must promptly notify the Department (Office of International Aviation) if the c ode

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notices should be filed in Docke t DOT

- OST

- 20 1 2

- 0005

. 2

(c) Tyrolean and/or US Airways must 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 th e date on which the service will begin. Such notices should be filed in Docket DOT

- OST

- 20 1 2

- 0005

. 3

(d) The code

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

- share arrangements that 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 ca rrier 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 esta blished in its contract of carriage with the passenger; that the passenger liability of the operating carrier be unaffected; and that the operating carrier shall not permit the code of its U.S. code

- sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition.

(e) The authority to operate to third countries is subject to the condition that any service provided under the statement of authorization shall be consistent with all applicable agreements between the United States and the foreign countries involved. Furthermore, (i) nothing in the award of this statement of authorization should be construed as conferring
upon US Airways r ights (including code

- share, fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless US Airways notifies the Department of its intent to serve such a market and unless and until the Department has comple ted any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (ii) should there be a request by any carrier to use the limited

- entry route rights that are included in the authority of US Airw ays by virtue of the statement of authorization granted here, but that are not then being used by US Airways , the holding of such authority will not be considered as providing any preference for US Airways in a competitive carrier selection proceeding to d etermine which carrier(s) should be entitled to use the authority at issue. 4

(f) The authority granted here is specifically conditioned so that neither Tyrolean nor US Airways shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

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

.

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

- effectiveness or of such decision.
3 See Appendix B for list of initial code

- share points.
4 The notice in paragraph (b) above can be used for this notification.

### APPENDIX B

Initial Code

- Share Points

Tyrolean will transport US Airways’ U.S.

- origin/destination passengers on aircraft wet

- leased to Brussels over the following routes:

From Brussels, Belgium, on the one hand, to the following destinations on the other hand:

Malaga, Spain; Athens, Greece; Barcelona, Spain; Birmingham, UK; Bilbao, Spain; Bologna, Italy; Stockh olm, Sweden; Bristol, UK; Budapest, Hungary; Paris, France; Copenhagen, Denmark; Catania, Italy; Moscow , Russia; Faro, Portugal; Rome, Italy; Florence, Italy; Gothenburg, Sweden; Geneva, Switzerland; Hanover, Germany; Hamburg, Germany; Krakow, Poland; Lond on, UK; Marseille, France; Naples, Italy; Nice, France; Newcastle, UK; Oporto, Portugal; Oslo, Norway; Prague, Czech Republic; Sev i lla, Spain; Strasbourg, France; Toulouse, France; Turin, Italy; Berlin, Germany; Venice, Italy; Vienna, Austria; Vilnius, Lithuania; Warsaw, Poland.