UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 20 1 3

- 006 0

filed March 21 , 201 3

A pplication of Brussels Airlines NV/SA (Brussels ) for a statement of auth orizat ion under 14 C.F.R. Part 212 to

display the “TG” designator code of Thai Airways International Public Company Limited (Thai) on flights operated by Brussels between Brussels, Belgium, and New York, New York

. 1

Brussels also request s a waiver of the 4 5

- day advance filing requirement under 14 CFR Part 212.



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

Date of Action: March 25 , 201 3 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 granted is subject to the attached conditions.

1 Brussels states that traffic sold under Thai’s designator code and carried on Brussels’ Brussels

- New York flights wi ll be limited to traffic transported by Thai on its Bangkok

- Brussels service and connecting to Brussels for onward travel to New York.

2 The Department is acting on the application prior to the expiration of the answer period with the consent of all partie s served.

### ATTACHMENT A

The statement of authorization is subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Brussels and Thai continue to hold the necessary underlying authority to operate the code

- share services at issue, and (ii) the code

- share agreemen t providing for

the code

- share operations remains in effect;

( b ) Brussels and/or Thai must notify the Department immediately if the code

- share agreement under which these code

share services are operated is no longer in effect or if the carriers decide t o cease operating all or a portion of the approved

code

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

- OST

- 201 3

- 006 0 ; 3

( c ) The code

- sharing operations conducted under this authority must comply with 14 CFR Part 257 and with any

amendments to the Department's regulations concerning 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 transpo rtation be sold in the name of the carrier holding out such service in 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 carriage with the passenger; and that the passenger liability of the operating carrier be unaffected;

( d ) The authority granted here is specifically conditioned so that neither Brussels nor Tha i 

### shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions ; and

( f

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

An electronic version o f this document is available on the World Wide Web at

http://www.regulations.gov

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

- effectiveness or of such decision.