BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

VIRGIN AUSTRALIA AIRLINES PTY 

LTD D/B/A VIRGIN AUSTRALIA 

for renewal of an exemption from 

49 U.S.C. §41301 

Docket DOT-OST-2009-0158 

APPLICATION OF VIRGIN AUSTRALIA FOR RENEWAL 

OF AN EXEMPTION 

Communications with respect to this document should be served upon: 

Anita M. Mosner 

Jennifer M. Nowak 

HOLLAND & KNIGHT LLP 

2099 Pennsylvania Avenue NW, Suite 100 

Washington, DC 20006-6801 

(202)419-2604 

anita. mosner&.hklaw. com 

Attorneys for 

VIRGIN AUSTRALIA AIRLINES PTY LTD 

Date: August 23, 2011 

NOTICE: ANY PARTY MAY FILE AN ANSWER TO THIS APPLICATION. 

ANSWERS MUST BE FILED ON OR BEFORE SEPTEMBER 7, 2011. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

VIRGIN AUSTRALIA AIRLINES PTY 

LTD D/B/A VIRGIN AUSTRALIA 

for renewal of an exemption from 

49 U.S.C. §41301 

Docket DOT-OST-2009-0158 

APPLICATION OF VIRGIN AUSTRALIA 

FOR RENEWAL OF AN EXEMPTION 

By Notice of Action Taken dated September 1, 2009, the Department granted an 

exemption from 49 U.S.C. § 41301 for Virgin Australia Airlines Pty Ltd ("Virgin 

Australia"),1 which permits Virgin Australia to display the Delta Airlines, Inc. ("Delta") DL* 

airline designator code on all flights that Virgin Australia currently operates or may in the 

future operate between points within Australia. That exemption authority is set to expire 

on September 1, 2011. Virgin Australia hereby applies for renewal of its exemption 

authority for a period of at least two years or for as long as the Department determines 

to be appropriate. 

In support of this renewal application, Virgin Australia states the following: 

1. As part of a broad-based commercial relationship between Delta and the 

Virgin Australia Group of carriers, Virgin Australia displays the Delta code on flights 

operated by Virgin Australia between points in Australia that connect with either 

transpacific services operated by Delta, or transpacific services operated by 

Virgin Australia International Airlines Pty Ltd ("V Australia") that carry the Delta code so 

1

 Virgin Blue Airlines Pty Ltd was recently rebranded and the carrier has been renamed Virgin 

Australia Airlines Pty Ltd d/b/a Virgin Australia. By letter dated May 24, 2011, the Department 

verified the change and registration of this trade name. 
Virgin Australia Airlines Pty Ltd 

Application for Renewal of Exemption 

Page 2 

that Delta may hold out through service from the United States to a wide array of 

Australian domestic points. 

2. Renewal of Virgin Australia's existing exemption would be consistent with 

the public interest and entirely consistent with DOT'S prior decisions to grant to Virgin 

Australia exemptions and statements of authorization that permit the carrier to display 

the airline designator code of U.S. carriers on flights operated by Virgin Australia 

between points in Australia.2 

3. The operations to be conducted under this requested renewal are 

consistent with the provisions of the United States-Australia Open Skies Agreement.3 In 

addition, the principles of comity and reciprocity support the renewal of this exemption 

authority. 

4. Virgin Australia will continue to comply with all of the conditions and 

limitations the Department has attached to similar exemptions. 

5. This Application is timely filed. Virgin Australia hereby invokes the 

automatic extension provisions of 5 U.S.C. § 558(c), as implemented by Part 377 of the 

Department's procedural regulations. 

WHEREFORE, on the basis of the foregoing, Virgin Australia requests that the 

Department grant the requested renewal of exemption authority for a minimum period of 

two years so that Virgin Australia may continue to provide the services as described in 

this renewal application. Virgin Australia requests any other or further relief that the 

Department determines to be consistent with the public interest. 

2

 See, e.g., Notice of Action Taken, Docket OST-2002-12470 (July 25, 2002). Virgin Australia 

timely filed for a renewal of its exemption authority on May 23, 2003, and invoked the automatic 

extension provisions of Part 377. 

3

 See Air Transport Agreement between the Government of the United States of America and the 

Government of Australia (Feb. 14, 2008) ("Open Skies Agreement"), Article 8, Para. 7 and Annex 

I, §§ 1-2. 
Virgin Australia Airlines Pty Ltd 

Application for Renewal of Exemption 

Page 3 

Respectfully submitted, 

ita M. Mosner 

Jennifer M. Nowak 

HOLLAND & KNIGHT, LLP 

2099 Pennsylvania Avenue NW, Suite 100 

Washington, DC 20006-6801 

(202)419-2604 

anita. mosner(g).hl<law. com 

Attorneys for 

VIRGIN AUSTRALIA AIRLINES PTY LTD 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date served the foregoing document on the persons 

identified below by causing a copy to be sent by electronic mail. 

Carl B. Nelson Jr. 

Associate General Counsel 

American Airlines Inc. 

carl.nelson@aa.com 

John L. Richardson 

Counsel for Amerijet International 

jrichardson@johnlrichardson.com 

Angeline Garbuzinski 

Sandra Lunsford 

Federal Express Corporation 

anbird@fedex.com 

sllunsford@fedex.com 

Mark Atwood 

Counsel for Kalitta Air 

matwood@sherblackwell.com 

Thomas V. Lydon 

Kelli Bryan 

Evergreen International Airlines, Inc. 

tom.lydon@evergreen.com 

charters@evergreenairlines.com 

Russell E. Pommer 

Associate General Counsel & Director of 

Regulatory Affairs 

Atlas Air, Inc. 

rpommer@atlasair.com 

Kevin P. Montgomery 

Polar Air Cargo, Inc. 

kevin.montgomery@polaraircargo.com 

Lawrence D. Wasko 

ldwasko@starpower. net 

Counsel for Arrow Air, Inc. 

Stephen Lachter 

lachter@starpower.net 

Counsel for ASTAR Air Cargo, Inc. 

Howard Kass 

Benjamin T. Slocum 

US Airways 

howard_kass@usairways.com 

benjamin.slocum@usairways.com 

Anita M. Mosner 

Counsel for United Parcel Service 

anita.mosner@hklaw.com 

Dan Weiss 

Continental Airlines 

United Airlines 

hkamen@coair.com 

Mark McMillin 

Assistant General Counsel 

World Airways Inc. 

mcmillin@woa.com 

Malcolm Benge 

mlbenge@zsrlaw.com 

Counsel for World Airways Inc. 

Jonathan B. Hill 

jhill@dlalaw.com 

Counsel for Hawaiian Airlines, Inc 

Kris Urs 

Deputy Assistant Secretary for 

Transportation Affairs 

U.S. Department of State 

urskr@state.gov 

Alexander Van der Bellen 

Delta Air Lines, Inc. 

sascha.vanderbellen@delta.com 

John Allen 

Federal Aviation Administration 

john.allen@faa.gov 
Todd Homan 

Peter Irvine 

U.S. Department of Transportation 

todd.homan@dot.gov 

peter.irvine@dot.gov 

^LM&C*L 

inifer M. Nowak 

August 23, 2011