UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2011-0066

filed March 25, 2011

Joint application 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 within 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 (either nonstop or via third country intermediate points); 

2) between any points within 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) between 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)

 Date of Action: March 31, 20112

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 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 and 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 prior approval requirements under 14 CFR Part 212 of the Department’s regulations (See Order 2011-3-32). Swiss holds a foreign 

air carrier permit to engage in (1) scheduled foreign air transportation of persons, property and mail from points behind Switzerland 

via Switzerland and intermediate points to a point or points in the United States and beyond; and (2) charter foreign air transportation 

subject to the terms, conditions, and limitations of the Department’s regulations governing charters (See Order 2003-12-8). 2 The Department is acting on the application prior to the expiration of the answer period with the consent of all parties served.
ATTACHMENT A

The statements of authorization are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) Edelweiss 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 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 and the date 

on which the service will begin. Such notices should be filed in Docket DOT-OST-2011-0066;

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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-OST-2011-0066;

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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 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 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 established 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 the 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” designator 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.