UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

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filed March 25 , 2011

Joint a pplication of Edelweiss Air AG (Edelweiss) and Swiss International Air Lines Ltd. (Swiss) for blanket statements of authorization under 14 C.F.R. Part 212 to permit: 1

(A) Swiss to display the Edelweiss “WK” designator code on flights operated by Swiss 1) between any points in Switzerland and any point in the United States ( either nonstop or via third country intermediate points); 2) between any points with in Switzerland in conjunction with services held out by Edelweiss between the United States and Switzerland (either nonstop or via third country intermediate points); and 3) between any point in Switzerland or the United States and any point in any third country; and

(B) Edelweiss to display Swiss’ “LX” designator code on flights operated by Edelweiss 1) between any points in Switzerland and any point in the United States (eit her nonstop or via third country intermediate points); 2) between any points with in Switzerland in conjunction with services held out by Swiss between the United States and Switzerland (either nonstop or via third country intermediate points); and 3) betw een any point in Switzerland or the United States and any point in any third country.

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)

Dat e of Action: March 31 , 2011 2



### Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR § 385.30, should file their petit ions 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 Edelweiss holds exemption authority to engage in (1) scheduled and charter foreign air transportation of persons, property an d mail from any point or points behind Switzerland via Switzerland and intermediate points to any point or points in the United States and beyond; (2) scheduled and charter all

- cargo services between the United States and any point or points; and (3) other charters pursuant

to pr ior approval requirements under 14 CFR Part 212 of the Department’s regulations ( See Order 2011

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- 32). Swiss holds a foreign air carrier permit to engage in (1) scheduled foreign air transportation of persons, property and mail from points behind Swi tzerl and via Switzerland and intermediate points to a point or points in the United States and beyond; and (2) charter foreign air tra nsportation subject to the terms, conditions, and limitations of the Department’s regulations governing charters ( See Order 200 3

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2 The Department is acting on the application prior to the expiration of the answer period with the consent of all parties serv ed.

### 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) Edelwe iss and Swiss continue to hold the necessary underlying authority to operate the code

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

- share agreement providing for

the code

- share operations remains in effect;

( b ) Edelweiss and/or Swiss must notify the Departm ent 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 and the date on which the service will begin. Such notices should be filed in Dock et DOT

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### ( c ) Edelweiss and/or Swiss 

### 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 the approved code

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

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( 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 conce rning 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 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 establ ished 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 Edelweiss nor Swiss 

### 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 of this document is available on t he World Wide Web at http://www.regulations.gov

3 The Joint Applicants state that beginning on or about July 2, 2011, Edelweiss intends to display the Swiss “LX” de signator code on flights between Zurich and Orlando.

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

- effectiveness or of such decision.