UNITED STATES OFAMERICA DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2013-0035 filed April 2, 2015 

### Application ofInselAirAruba N.V. (Insel Aruba) for a statementofauthorization under 14 CFRPart 212 to permitInselAruba for an indefinite duration to display the (71*) designator code oflnselAir InternationalB.V. (lnselAir) on flights operated by Insel Aruba between Aruba and Miami, Florida. 1 

### Insel Aruba also requests a waiver ofthe 45-day advance filing requirement under 14 CFRPart 212.
*Approved under assigned authority (14 C.F.R. §385.13). Date ofAction: 

### April20, 2015

\=\)(. Director, Office oflntemation Persons entitled to petition the Department for review ofthis action underthe Department's regulations, 14 CFR § 385.30, should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness. We may amend, modify, or revoke the authority granted at any time, without hearing, at ourdiscretion.

*The authority granted is subject to the attached conditions.

1 Insel Aruba states that on flights it operates displaying the (71*) designator code ofInsel Air in the Aruba-Miami market, the Insel Air traffic will either begin or end in Curacao.The code-share operations authorizedhere are subjectto the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) Insel Aruba and Insel Air continueto holdthe necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement providing for the code-share operations remains ineffect. (b) Insel Aruba and/or Insel Air must promptly notify the Department ifthe code-share agreement providing for the code-share operations is no longer effective or the carriers decideto cease operating any or all ofthe approved code-share services. We expectthis notificationto be received within 10 days ofsuch non-effectiveness or ofsuch decision. Suchnotices shouldbe filed in docket DOT-OST-2013-0035. (c) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department's regulations concerning code-share arrangements that maybe adopted. Notwithstanding any provisions in the contractbetween the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name ofthe 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 entirety ofthe code-sharejourney for all obligations established in its contract ofcarriage with the passenger; and that the passenger liability ofthe operating carrier be unaffected. (d) The authority granted here is specifically conditioned so that neither Insel Aruba nor Insel Air shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions. (e) We may amend, modify, orrevoke the authority granted at any time without hearing at our discretion.