BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of JETSTAR AIRWAYS PTY. LIMITED for a Statement of Authorization under 14 C.F.R. § 212 and for an exemption from 49 U.S.C. § 41301 (Codesharing with American Airlines) Docket No. DOT-OST-2010-



### A PPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### P TY

### . L IMITED 

### FOR 

### STATEMENT OF 

### A UTHORIZATION AND 

### E XEMPTION

Communications with respect to this document should be sent to: Moffett B. Roller ROLLER & BAUER, PLLC 45005 Aviation Drive, Suite 200 Dulles, VA 20161 Phone: (202) 331-3300 Fax: (202) 331-3322 email: mroller@rollerbauer.com Attorneys for Jetstar Airways Pty. Limited October 21, 20101 A copy of the Codeshare Agreement is attached to this Application. BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.
Application of JETSTAR AIRWAYS PTY. LIMITED for a Statement of Authorization under 14 C.F.R. § 212 and for an exemption from 49 U.S.C. § 41301 (Codesharing with American Airlines) Docket No. DOT-OST-2010- October 21, 2010



### A PPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### P TY

### . L IMITED 

### FOR 

### STATEMENT OF 

### A UTHORIZATION AND 

### E XEMPTION Jetstar Airways Pty. Limited hereby applies for a statement of authorization pursuant to Part 212 of the Department’s Regulations, 14 C.F.R. § 212, and, to the extent necessary, an exemption from 49 U.S.C. § 41301 in order to display the AA code of American Airlines on intra-New Zealand flights operated by Jetstar. Jetstar and American have executed a Codeshare Agreement that provides for the codeshare service in question, and the two carriers will implement the codeshare service promptly upon issuance of the authority requested in this Application. 1 / Jetstar and American plan to introduce American codeshare service on Jetstar flights on the following city-pairs for passengers connecting withA PPLICATION OF J ETSTAR A IRWAYS PAGE 2

F OR STATEMENT OF A UTHORIZATION AND E XEMPTION American’s codeshare service on Qantas Airways between the United States and New Zealand:

Auckland (AKL)

- Christchurch (CHC) Auckland (AKL)

- Wellington (WLG) Auckland (AKL)

- Queenstown (ZQN) Christchurch (CHC)

- Wellington (WLG) Christchurch (CHC)

- Queenstown (ZQN) Jetstar also seeks authority to display the AA code on other Jetstar flights within New Zealand subject to any advance notice requirements that the Department may impose. Jetstar is requesting immediate approval of this Application in order to implement the codeshare service as soon as possible. Jetstar will poll the parties on the Service List and advise the Department of the positions of those parties with respect to this Application. Jetstar is a licensed Australian air carrier based in Melbourne, Australia, and holds authority from the Civil Aviation Authority of New Zealand to operate domestic service within New Zealand. Jetstar is a wholly-owned subsidiary of the Qantas Group.With respect to the underlying economic authority to operate the intraNew Zealand codeshare service in question, American holds authority to operate scheduled service between any point in the U.S. and any point in New Zealand pursuant to its Certificate for Route 835 issued on April 3, 2007, by DOT Order 2007-4-2 (Dockets DOT-OST-2000-8516 and DOT-OST-2005- 22228). Jetstar holds a foreign air carrier permit to operate specified scheduledA PPLICATION OF J ETSTAR A IRWAYS PAGE 3

F OR STATEMENT OF A UTHORIZATION AND E XEMPTION and charter service (DOT Order 2010-8-2, August 2, 2010, Docket DOT-OST-2006-34923), and Jetstar hereby requests exemption authority to the extent necessary to operate the codeshare service in question. American completed its codeshare safety audit of Jetstar on December 14, 2009, and has submitted a certification of compliance to FAA AFS-50. The International Aviation Safety Assessment (IASA) Program of the FAA has rated the Civil Aviation Authority of New Zealand as Category 1. Grant of the authority requested in this Application is in the public interest. The authority requested will enable American Airlines to provide comprehensive routing options to U.S.-originating passengers that will include service to Auckland, Christchurch, Wellington, and Queenstown, New Zealand, as well as allow expansion of the codesharing arrangement to other points in New Zealand (subject to DOT notice requirements). The United States has liberal Open Skies Agreements with both Australia and New Zealand, and grant of the authority requested is consistent with those Agreements.

CONCLUSION For the foregoing reasons, the Department of Transportation should grant Jetstar Airways Pty. Limited a statement of authorization and, to the extent necessary, an exemption to permit Jetstar to display the code of American Airlines on Jetstar flights within New Zealand. Jetstar also requests a waiver of the 45-day advance filing requirement of 14 C.F.R. § 212.10(d) because theA PPLICATION OF J ETSTAR A IRWAYS PAGE 4

F OR STATEMENT OF A UTHORIZATION AND E XEMPTION codesharing arrangement between Jetstar and American has only been finalized recently and because of the need to implement the codeshare service in the immediate future. Respectfully submitted, ROLLER & BAUER, PLLC Attorneys for Jetstar Airways Pty. Limited

By:

______________________

Moffett B. Roller October 21, 2010CERTIFICATE OF SERVICE I hereby certify that on this 21 st day of October 2010, a copy of the foregoing Application of Jetstar Airways Pty. Limited for an Exemption an a Statement of Authorization was served by email upon the parties listed below.

________________________ Moffett Roller
Carl Nelson American Airlines carl.nelson@aa.com David Heffernan United Air Lines david.heffernan@wilmerhale.com Angie Garbuzinski Federal Express anbird@fedex.com David Vaughan UPS dvaughan@kelleydrye.com Samuel White Evergreen International sam.white@evergreenaviation.com Sascha Van der Bellen Delta Air Lines sascha.vanderbellen@delta.com Jonathan Hill Hawaiian Airlines jhill@dlalaw.com Hershel Kamen Continental Airlines

Continental Micronesia hkamen@coair.com Mark McMillin World Airways mcmillin@woa.com Russell Pommer Atlas Air rpommer@atlasair.com Kevin Montgomery Polar Air Cargo kevin.montgomery@polaraircargo.com John Allen FAA Flight Standards john.allen@faa.gov