UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

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- 0173

filed September 15 , 201 1

Application of Austrian Airlines AG (Austrian) 1 

### for a blanket stateme nt of authorization to permit Austrian to display the “ CO ” designator code of Continental Airlines, Inc. (Continental) on Austrian

operated flights : (1) between any point or points in the United States and any point or points in the European Union (on a n onstop basis and on routings via intermediate points) ; (2) between any point or points in the United States and any point or points in the European Common Aviation Area ; (3) between European Union points; (4) beyond the European Union to any point or point s; and (5) beyond the United States to any point or points

. 2



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

Date of Action: November 23 , 2011

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 petiti on 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 Austrian requests that its statement of authorization be granted to also include Austrian’s regional affiliates, Lauda Air Lu ftfahrt GmbH (Lauda) and Tyrolean Airways Tiroler Luftfahrt GmbH (Tyrolean). We will grant this request.

2 Austrian states that it initially plans to display Continental’s code on Austrian ’s flights between Vienna, Austria, on the one hand, and New York (JFK), on the other h and, and beyond Vienna on Lauda or Tyrolean operated flights to Graz, Innsbruck, Klagenfurt, Linz, and Salzburg, Austria

### ATTACHMENT A

The code

- share ope rations authorized here are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Austrian, Lauda, Tyrolean, and Continental continue to hold the necessary underlying authority to operate the cod e

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

- share agreement providing for the code

- share operations remains in effect.

(b) Austrian, Lauda, Tyrolean, and/or Continental must promptly notify the Department (Office of International Aviation)

if the c ode

- sh are 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 Docket DOT

OST

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- 0173

. 3

(c) Austrian, Lauda , Tyrolean, and/or Continental 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 operat ing 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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- 0173

.

(d) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with a ny 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 fo reign 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 entir ety of the code

- share journey for all obligations established 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

- sha ring 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) Any service provided shall be consistent with the provisions of the U.S.

- EU agreement, and all applicable agreements with other foreign countries involved. Furthermore, (i) nothing in the award of the blanket statement of authorization should be construed as conferring upon Continental rights (including code

- share, f ifth

- freedom intermediate and/or beyond rights) to serve markets where U.S. carrier rights are limited unless Continental notifies us of its intent to serve such market and unless and until the Department has completed any necessary carrier selection proce dures to determine which carrier(s) should be authorized to exercise such rights; 4 and (ii) should there be a request by any

carrier to use the limited

- entry route rights that are included in Continental ’s authority by virtue of the blanket

statement of au thorization granted here, but that are not being used by Continental , the holding of such authority will not be considered as providing any preference for Continental in a carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue;

(f) The authority granted here is specifically conditioned so that neither Austrian, Lauda, Tyrolean, nor Continental shall give any force or effect to any contractual provisions between themselves that are contrary to these condi tions.

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

.

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

- effectiveness or of such decision.

4 The notice referenced in c ondition (c) above may be used for this notification.