 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

			Issued by the Department of Transportation on February 18, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-11127

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant: Thai Airways International Public Company Limited		Date
Filed: February 14, 2005

Relief requested:  Exemption from 49 U.S.C. § 41301 to conduct
scheduled foreign air transportation of persons, property and mail
between Bangkok and the coterminal points New York and Washington, D.C.,
via Tokyo on a blind sector basis, on a code-share basis only.  Thai
would conduct these operations pursuant to a code-share arrangement with
All Nippon Airways Co. Ltd. (ANA).

Date and citation of last action:  Thai Airways previously held the
authority described above; that authority expired by its terms on
January 29, 2005 (see Notice of Action Taken, dated January 29, 2004, in
this docket).  

Applicant representative: Cathleen P. Peterson  (202) 663-6162		DOT
analyst:  Shelita Smith  (202) 366-1226

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved exemption authority							Action date:  February 18,
2005 

Granted, sua sponte (1) ANA a statement of authorization under 14 CFR
Part 212 to display Thai’s designator code on flights operated by ANA
between Tokyo and New York/Washington, D.C.; and (2) Thai Airways and
ANA statements of authorization under 14 CFR Part 212 of our rules to
permit each carrier to display the other’s designator code on
Tokyo-Bangkok flights for the purpose of carrying U.S.
originating/destined code-share connecting passengers. 

(We acted on Thai Airways’ request without awaiting expiration of the
prescribed answer period with the consent of all parties served)

Effective dates of exemption authority granted:  February 18,
2005–February 18, 2006

The statements of authorization granted to ANA and Thai were effective
when taken February 17, 2005, and will remain in effect indefinitely,
subject to the conditions set forth below.

 Basis for approval (bilateral agreement/reciprocity):  The authority is
provided for in both the U.S.-Japan and the U.S.-Thailand Air Transport
Agreements

Except to the extent exempted/waived, the exemption authority granted is
subject to the terms, conditions, and limitations indicated:  X 
Standard exemption conditions (attached)       X  Foreign air carrier
permit conditions (Order 80-9-74)

X  Statement of authorization granted for All Nippon Airways and Thai
Airways granted by this notice and conditions therein.

The code-share operations authorized above are subject to the following
conditions:

The statements of authorization will remain in effect only as long as
(i) ANA and Thai 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.

2

ANA and/or Thai must promptly notify the Department if the code-share
agreement providing for the code-share operations is no longer effective
or the carriers decide to cease operating any or all of the approved
code-share services.  Such notices should be filed in Docket
OST-2001-11127.

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 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 be
unaffected.

The authority granted here is specifically conditioned so that neither
carrier shall give any force or effect to any contractual provisions
between themselves that are contrary to these conditions.

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

Action taken by:   Paul L. Gretch, Director	

		      Office of International Aviation	

________________________________________________________________________
_________________________

We found that the applicant was qualified to perform its proposed
operations.  Under authority assigned by the Department in its
regulations, 14 CFR Part 385, we found that  (1) our action was
consistent with Department policy; (2) grant of the authority was
consistent with the public interest; and (3) grant of the authority
would not constitute a major regulatory action under the Energy Policy
and Conservation Act of 1975.  To the extent not
granted/deferred/dismissed, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 With the expiration of Thai’s exemption authority, the statements of
authorization granted ANA and Thai Airways on December 20, 2001, also
expired by their terms on January 29, 2005.  See Notice of Action Taken
issued on December 20, 2001, in this docket, and the code-share
conditions attached there to.

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

05/2004

