Served: April 1 9 , 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Joint Application of

AIR TAHITI NUI

. SOCIÉTÉ AIR FRANCE
DELTA AIR LINES, INC

. KONINKLIJKE LUCHTVAA RT MAATSCHAPPIJ N.V.

ALITALIA COMPAGNIA A EREA ITALIANA S. P .A

.

under 49 U.S.C. §§ 41308 and 41309 for approval of and antitrust immunity for alliance agreements

Docket DOT

- OST

- 2013

- 00 77

NOTICE

On April 15 , 20 13

, Air Tahiti Nui

, Société Air France, Delta Air Lines, Inc., Koninklijke Luchtvaart Maatschappij N .V., and Alitalia Compagnia Aerea Italiana S.p.A. (collectively, the “Joint Applicants”) filed a joint application requesting approval of and antitrust immunity for alliance agreements covering routes between Los Angeles and Paris

.

Access to Documents

Al ong with their application, the Joint Applicants filed a motion under 14 C.F.R. § 302.12 (Rule 12) of the Department’s regulations seeking confidential treatment for supporting documents and information. They state that this material is confidential, prop rietary, and commercially sensitive, which qualifies it for being withheld from public disclosure. They ask that access to this material be limited to counsel and outside experts who have filed valid confidentiality affidavits. 1

In order to afford inte rested 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. 2

Moreover, Parties will be permitted to make copies of the documents, at the Dockets facility, for

1 See Joint Applicants’ Motion for Confidential Treatment under 14 C.F.R. § 302.12 , at 4 (April 15 , 2013) and Motion of Air Tahiti Nui for Confidential Treatment under 14 C.F.R. § 302.12 at 2 (April 15, 2013).

2 See, e.g., Air France/Alitalia/Czech/Delta/KLM/Northwest

, Docket DOT

- OST

- 2007

- 28644, Notice Suspending

P rocedural S chedu le and Providing Access to D ocuments (July 3, 2007)

.2

use by persons who have filed confidentiality affidavits. We also find it appropriate to grant 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 pro viding 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

Docket DOT

- OST

- 2013

- 0 0 77 . 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 treatme nt.
Affidavits must be filed in Docket DOT

- OST

- 20 13

- 0 0 77 with the Department of Transportation, Dockets, Room W12

- 140, 1200 New Jersey Avenue, SE, Washington, D.C. 20590.

Affiants having filed affidavits may examine the documents at the Department of T ransportation 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

Finally, we suspend the procedural schedule in this proceeding until we have determined that the

record of this case is substanti ally complete. At that time, we will announce a procedural schedule, including an opportunity for public comment.

We will serve this notice on all persons on the service list for this docket.

By:

SUSAN L. KURLAND Assistant Secretary

for Aviati on and International Affairs

Date: April 19, 2013

(SEAL)

An electronic version of this document is available at http://www.regulations.gov