DOCKET OST-97-2778

This serves as interim notice to the public of the action described below, taken orally by the Department official indicated; the confirming order or other decision document will be issued as soon as possible.

Applicants: Crossair AG & Swissair, Swiss Air Transport Company, Ltd. Date Filed: 8/1/97

Relief requested: Exemption from 49 U.S.C. 41301 and statement of authorization pursuant to 14 CFR 212 of the Department’s regulations to permit Crossair to display the designator code of Delta Air Lines, Inc., on flights operated by Crossair between any points within Switzerland, and between any point(s) in Switzerland and any point(s) in any third country.

Applicant representative: William Karas 202-429-6223

Responsive pleadings: None

DISPOSITION

Action: APPROVED Action date: SEPTEMBER 4, 1997

Effective dates of authority granted: SEPTEMBER 4, 1997, thru APRIL 30, 1999

Basis for approval: The authority is encompassed in the U.S.-Switzerland Air Transport Services Agreement. We found, based on the record, that the applicant is operationally and financially qualified to conduct the proposed services, properly licensed, and substantially owned and effectively controlled by citizens of Switzerland. Finally, the FAA has advised us that it knows of no reason to withhold this authority.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)
X Special conditions: (1) The authority to engage in code-share operations contained herein shall auto-matically expire should Crossair alter its contract of carriage, as evidenced by the copy on file in Docket OST-95-232, in a manner inconsistent with full implementation of the IATA Intercarrier Agreement on Passenger Liability (IIA) and the Agreement on Measures to Implement the IATA Intercarrier Agreement (MIA).

(2) The code-sharing operations authorized herein must comply with 14 CFR 399.88 of the Department’s regulations and any amendments to the Department’s regulations concerning code-share arrangements that may be adopted, and are expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in the computer reservations systems and elsewhere, that the carrier selling such transportation accept all obligations established in its contract of carriage with the passenger (i.e., the ticket), and that the operator shall not permit the code of its U.S. air carrier code-sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition.

Action taken under assigned authority (14 CFR 385) by:

Paul L. Gretch, Director
Office of International Aviation
(Petitions for review may be filed
from now until 10 days after the
service date of the confirming order/letter.
Filing of a petition shall not stay the
effectivenessof this action.)