C 1' DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of I~ , r , ~ — li `IITT. ~ ~ :iD1

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# .m JAPAN AIRLINES CO., LTD. for statements of authorization under 14 CFR 212 (reciprocal blanket codesharing) Docket DOT-OST-2014-

JOINT APPLICATION FOR STATEMENTS OF AUTHORIZATION Communications with respect to this document should be addressed to: Charles F. Donley II Marshall S. Sinick Squire Patton Boggs (US) LLP 1200 19 th Street, N.W., Suite 300 Washington, D.C. 20036 (202) 626-6840 (phone) (202) 626-6780 (fax) charles.donley ~

c s uire b. p com William Karas Carol Gosain 

### Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 429-6223 (phone) (202) 261-0651 (fax) wkarasna,steptoe.com cgosainksteptoe.com Counsel to TAM-Linhas Aereas S.A. Counsel to Japan Airlines Co., Ltd. DATED: November 3, 2014

364197l1/WASHINGTONBEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of TAM-LINHAS AEREAS S.A.

. ~
. JAPAN AIRLINES CO., LTD. for statements of authorization under 14 CFR 212 (reeiprocal blanket codesharing) Docket DOT-OST-2014-



### JOINT APPLICATION FOR STATEMENTS OF AUTHORIZATION TAM-Linhas Aereas S.A. (TAM) and Japan Airlines Co., Ltd. (JAL) (together, the Joint Applicants) hereby jointly apply for statements of authorization pursuant to 14 CFR 212 to enable them to engage in reciprocal blanket codesharing to the full extent permitted under the bilateral agreements between the U.S., on the one hand, and Brazil and Japan, on the other hand, as described below. Points in the United States will serve only as transit points for the codeshare service, where flights operated by each of the Joint Applicants to or from their homelands will connect. l The Joint Applicants intend to implement their codeshare sercrices before December 31, 2014, probably on or about December 12, 2014 (pending approvals in other pertinent

1 The initial U.S. connecting points will be New York and Los Angeles. Initial codeshare routes are identified in Exhibit A.

36419711/WASH INGTONJoint Application of TAM-Linhas Aereas S.A. and

Japan Airlines Co., Ltd. Docket DOT-OST-2414- November 3, 2014 jurisdictions). 2 The Joint Applicants request the Department of Transportation's (Department) prompt approval of this application to facilitate advance marketing and sales of the codeshare services. They also ask that the statements of authorization be effective for an indefinite period. In support of this application, the Joint Applicants state the following; 1. TAM requests a blanket statement of authorization of indefinite duration permitting it to display JAL's "JL*" designator code on flights operated by TAM in conjunetion with the foreign air transportation of persons, property and mail between any point or points behind Brazil, via any point or points in Brazil and any intermediate points, to any point or points in the United States, and beyond. 2. JAL requests a blanket statement of authorization of indefinite duration permitting it to display TAM's "JJ*" designator code on flights operated by JAL in conjunction with the foreign air transportation of persons, property and mail between any point or points behind Japan, via any point or points in Japan and any intermediate point or points, to any point or points in the United States, and beyond. 3. The Joint Applicants hold the necessary underlying economic authority to engage in the codeshare operations for which authority is sought herein. TAM holds exemption authority from the Department to engage in scheduled foreign air transportation of persons, property and mail from any point or points behind Brazil, via Brazil and intermediate points to any point or points in the United States and beyond. 3 JAL holds a foreign air carrier permit
'` To the extent necessary, the Joint Applicants request waiver of the 45-day advanee filing requirement of 14 CFR 212. 1 0(d)(2).

~ Notice ofAction Taken, Docket DOT-OST-1997-2421 (June l, 2014)

2
36419711?WASHlNGTOMJoint Application of TAM-Linhas Aereas S.A. and

Japan Airlines Co., Ltd. Docket DOT-OST-2014- November 3, 2014 issued pursuant to Order 98-4-17 which authorizes JAL to provide schedulecl foreign air transportation of persons, property and mail from points behind Japan, between Japan and the United States via intermediate points, and beyond the United States. 4 4. The codeshare authorizations requested herein are consistent with the U.S.-Japan 2010 Memorandum of Understanding (MOU) as well as the U.S.-Brazil March 2011 Air Transport Agreement (ATA) and Memorandum of Consultations (MOC). 5 5. The requested authorizations are also consistent with the public interest. They will a11ow the Joint Applicants to expand their online networks, thereby fostering competition and enhancing service options for passengers and shippers in the codeshare markets. The codeshare operations will also promote more efficient use of the Joint Applicants' capacity. Blanket authorizations are in the public interest because they enable codeshare partners to fully implement services permitted under the applicable air transport agreements. The requested authorizations are also consistent with the Department's grant of blanket codesharing authority to Japanese and Brazilian carriers. 6 6. The Joint Applicants hereby provide notice of their intent to engage initially in codeshare services on the routes identified in Exhibit A. They also agree to notify the Department no later than thirty days before commencing any new codeshare service. Such notification(s) will inform the Department of the codeshare market(s) to be served, the identity of

4 Japan Airlines Co. Ltd., Order 98-4-17, Docket DOT-OST-1998-3484 (April 21, 1998)

s See Part vIl.l .b of the 2010 MOU; Section 5 of the 2011 MOC, Article 8.12 of the 2011 ATA

6 See, e.g., Department,4ction on Application in Docket DOT-OST-2013-0042 (March 22, 2013) (granting reciprocal blanket codesharing statements of authorization to JAL and LAN Peru S.A.); Notice o
. f'Action Taken, Docket DOTOST-2010-0095, May 10, 2010 (granting blanket statement of authorization to VRG Linhas Aereas S.A. to engage in codesharing with Delta Air Lines, Inc.)
Ki
364197111WASNINGTONJoint Application of TAM-Linhas Aereas S.A. and

Japan Airlines Co., Ltd. Docket DOT-OST-2014- November 3, 2014 the operating carrier, and the date on which the services will begin. The Joint Applicants will conduct their codeshare operations in accordance with 14 CFR 257 and will accept the Departtnent's standard codeshare conditions. WHEREFORE, the Joint Applicants respectfally request that the Department of Transportation grant statements of authorization permitting the Joint Applicants to engage in codesharing operations as described more fully herein. Respectfully submitted,
If Charles F. Donley 11 Marshall S. Sinick Squire Patton Boggs (US) LLP 1200 1 gth Street, N.W., Suite 300 Washington, D.C. 20036 (202) 626-6840 (phone) (202) 626-6780 (fax) charles.donleyksquirepb.com William Karas Carol Gosain Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 429-6223 (phone) (202) 261-0651 (fax) wka,rasksteptoe.com cgosaingsteptoe.com Counsel to TAM-Linhas Aereas S.A. Counsel to Japan Airlines Co., Ltd. DATED: November 3,2014

4 36419711AA/ASHINGTONTAM-4Perated Routes Displaying the JL* Code

Sao Paulo-New York Rio de Janeiro-New York Sao Paulo-Los Angeles JAL-Operated Routes Dis

~ laying the JJ* Code Tokyo-New York :

36419711 NVASHINGTON

### CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing application has this day been served on each of the following individuals via email.

Charles F. Donley 11 DATED: November 3, 2014 sascha.vanderbellenCa),delta.com ; chris.walkergdelta.com steve.morrisseygunited.com ; dan.weissAunited.corn howard.kassLaaa.com ; robert.wirickaaa.com jhillQacooley.com ; perkmanngcooley.corn anita.mosperghklaw.corn kevin.montgomervkpolaraircargo.com rpommerAatlasair.com icannyk,amerijet.com rsilverbergAsgbdc.corn pmqKphyOqIopmLiMhy.corn cefeltskfedex.com

364197/1NVASHINGTON