U.S. Department of Transportation Office of the Secretary of Transportation 

### CORRECTED COPY



### DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 201 5

- 00 81 ( filed April 8

, 2015 )

A pplication of WestJet Encore Ltd. (WestJet Encore) for a statement of authorization under 14 CFR Part 212 to permit WestJet Encore for an indefinite period to display the (DL*) airline designator code of Delta Air Lines , Inc. (Delta) on any and all flights operated by WestJet Encore for WestJet under the ( WS* ) code either now or in the future (1) between Canada and the United States, (2) between points in Canada , and (3) between Canada and points in third countries. The applicant also requests a waiver of the 45

- day advance filing

r equirement under 14 CFR Part 212. 1



### Approved under assigned authority (14 CFR § 385.13).

Date of Action: May 20, 2015

_________________________________ Director, Office of International Aviation

This action is subject to the conditions attached. 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.

An electronic version of this document is available on the World Wide Web at: http:///www.regulations.gov

1 The Department is acting on the applicant ’ s request prior to the expiration of the 45

- day advance filing requirement with the consent of all parties served.The code

- share operations authorized here are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) WestJet Encore and Delta 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) WestJet Encore a nd/or Delta must promptly notify the Department if the code

- share agreement providing for the code

- share operations is no longer effective or the carriers deci de to cease operating any or all of the approved code

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

- OST

- 201 5

- 00 81

. 1

(c) WestJet Encore and/or Delta 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 services will begin. Such notices shall be filed in Docket DOT

- OST

201 5

- 00 81

. 2

(d) The code

- sharing operations conducted un der this authority must comply with 14 CFR 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 expres sly 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 WestJet Encore nor Delta shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

( f

) We may amend, modify, or revoke t he authority granted at any time without hearing at our discretion.

1 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such decision.
2 WestJet Encore provides in its application blanket notice of its intent to enga ge in code

- share services between open skies points. It further states that it will notify the Department no later than 30 days before commencing any code

- share services to non

- open skies points.