UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 20 1 4

- 0054

filed April 10, 2014

Application of Iberia Lineas Aéreas de España Sociedad Anonima Operadora (Iberia) and Finnair OYJ (Finnair) for blanket statement s of authorization to permit :

A) Iberia to display the Finnair “AY” designator code on any segment or segments operated by Iberia on the following routing : ( i ) from any point or points behind any Membe r State of the European Union, via any point or points in any Member State and via intermediate points

, to any point or points in the United States and beyond; and ( ii ) between any point or points in the United States and any point or points in any member of th e European Common Aviation Area; and

B) Finnair to display the Iberia “IB” designator code on any segment or segments operated by Finnair on the following routing: (i) from any point or points behind any Member State of the European Union, via any poin t or points in any Member State and via intermediate points, to any point or points in the United States and beyond; and (ii) between any point or points in the United States and any point or points in any member of the European Common Aviation Area

.

The joint applicants also request 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: April 14 , 2014 1



### _____________________________________________ Director, Offi ce of International Aviation

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

im mediately, 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 We acted on the application without awaiting expiration of the answer period with the consent of all parties served.

### ATTACHMENT A

The statement s of authorization are subject to the following conditions:

(a) The statement s of authorization will remain in effect only as long as (i) Iberia and Finnair continue to hold the necessary underlying authority to operate th e code

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

- share agreement providing for

the code

- share operations remains in effect;

( b ) Iberia and/or Finnair 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 , which carrier will be operating the aircraft in the code

- share market added, and the date on which the service will begin. Such notices should

be filed in Docket DOT

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- 201 4

- 0054; 2

( c ) Iberia and/or Finnair 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 to cease operating all or a portion of

t he approved code

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

- OST

- 20 1 4

- 0054 ; 3

( d ) The code

- sharing operations conducted under this authority must comply with 14 CFR Part 257 and with any amendments to the Department's regulations concernin g 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 carr ier 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 establishe d in its contract of carriage 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 Iberia nor Finnair 

### shall give any force or effect

to an y 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 of this document is available on the Wo rld Wide Web at http://www.regulations.gov

2 The joint applicants provi ded notice of their intent to engage in code

- share services to open

- skies points as described in the application. See Attachment B for a list of initial points.

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

- effectiveness or of su ch decision.

### ATTACHMENT B

Iberia Codeshare on Finnair Operated Flights

ROUTING

Helsinki

– New York (JFK)

Helsinki

– Miami

Finnair Codeshare on Iberia Operated Flights

ROUTI NG

Madrid

– Miami

Madrid

– Boston

Madrid

– Los Angeles

Madrid

– New York (JFK)

Madrid

– Chicago (ORD)