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-2010-0265



### A PPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### P TY 

### . L IMITED 

### F OR 

### R ENEWAL OF 

### EXEMPTION

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 July 28, 2014BEFORE 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-2010-0265



### A PPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### P TY 

### . L IMITED 

### F OR 

### R ENEWAL OF 

### EXEMPTION Pursuant to 49 U.S.C. § 40109, Jetstar Airways Pty. Limited applies for renewal of its exemption from 49 U.S.C. § 41301 for the economic authority that Jetstar requires in order to display the AA* designator code of American Airlines on intra-New Zealand flights operated by Jetstar. 1 The Department initially granted this exemption in 2010, along with the Statement of Authorization that allows Jetstar to display the AA* designator code of American Airlines on Jetstar’s flights within New Zealand. 2 Jetstar’s intra-New Zealand flights transport traffic from AA* codeshare routings between the United States and New Zealand. By Notice of Action Taken in this docket on July 31, 2012, the Department renewed Jetstar’s exemption through July 31, 2014, and also amended the Statement of Authorization to expand the scope of Jetstar’s

1 Jetstar's current exemption is effective through July 31, 2014. Jetstar invokes the automatic extension provisions of the Administrative Procedure Act, 5 U.S.C. § 558(c), as implemented by 14 CFR Part 377, to maintain its exemption authority in effect pending DOT action on this Application for Renewal.
2 Notice of Action Taken, Docket DOT-OST-2010-0265, October 21, 2010.

### APPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### P AGE 2



### F OR 

### R ENEWAL 

### O F 

### E XEMPTION authority to codeshare with American on routes in addition to the intra-New Zealand routes that were the basis for the initial Statement of Authorization. 3 The Statement of Authorization has indefinite effectiveness subject to the standard conditions for such codesharing authority. In exercise of the authority granted by the Exemption and Statement of Authorization, Jetstar currently provides codeshare service for American Airlines between Auckland and Christchurch, but may in the future codeshare with American on other routes, consistent with its Statement of Authorization that, in relevant part, allows Jetstar to display the AA* code on any of Jetstar’s domestic routes in New Zealand. Jetstar seeks renewal of its exemption authority in order to continue its ability to codeshare with American on Jetstar’s routes within New Zealand. American holds all authority necessary to operate to Australia and to New Zealand under its open skies certificate for Route 835, issued by Order 2007-4-2, April 3, 2007. Grant of the authority requested in this Application is in the public interest. Renewal of this exemption will enable American Airlines to continue to provide to U.S.-originating passengers the option of AA* codeshare service to Christchurch via American’s codesharing arrangement on Jetstar’s Auckland - Christchurch service.

3 The Department amended Jetstar’s Statement of Authorization to “to permit [Jetstar] to display the AA* code in conjunction with foreign air transportation of persons, property, and mail on Jetstar operated flights between points behind Australia, points in Australia, and intermediate points, to points in the United States and beyond, in addition to Jetstar-operated flights within New Zealand.” Notice of Action Taken, Docket DOT-OST-2010-0265, July 31, 2012. Jetstar currently displays the AA* code on one or more of Jetstar’s trans-Tasman flights pursuant to the amended Statement of Authorization. Jetstar holds the underlying economic authority for this service by means of its foreign air carrier permit issued by DOT Order 2010-8-2, effective July 26, 2010, Docket DOT-OST-DOT-OST-2006-24922.

### APPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### P AGE 3



### F OR 

### R ENEWAL 

### O F 

### E XEMPTION Jetstar underwent an IATA Operational Safety Audit (IOSA) during the period of October 21-25, 2013. Based on the resulting IOSA Audit Report, American submitted a Compliance Statement to the FAA on February 4, 2014, in which American stated that it had reviewed the Audit Report and that “that all areas of JetStar Airways Pty Limited (JST) operations meet the applicable ICAO standards for U. S. codeshare service.” The United States has liberal aviation relations with both Australia and New Zealand, and renewal of this exemption is consistent with the Air Transport Agreements that govern aviation relations between the United States and Australia and between the United States and New Zealand. CONCLUSION For the foregoing reasons, Jetstar Airways Pty. Limited requests the Department of Transportation to renew the exemption held by Jetstar to display the airline designator code of American Airlines on intra-New Zealand flights operated by Jetstar. Respectfully submitted, RO LLER & BAUER, PLLC Attorneys for Jetstar Airways Pty. Limited

By: ______________________

Moffett B. Roller July 28, 2014CERTIFICATE OF SERVICE I hereby certify that on this 28th day of July 2014, a copy of the foregoing Application of Jetstar Airways Pty. Limited For Renewal of Exemption was served by email upon the parties listed below.

________________ Moffett B. Roller
Howard Kass Robert Wirick American Airlines howard.kass@aa.com robert.wirick@aa.com Nancy Sparks Baily Leopard Federal Express nssparks@fedex.com gbleopard@fedex.com Anita Mosner UPS anita.mosner@hklaw.com Sascha Van der Bellen Delta Air Lines sascha.vanderbellen@delta.com Jonathan Hill Hawaiian Airlines jhill@dlalaw.com Hershel I. Kamen Steve Morrissey Daniel A. Weiss United Air Lines hershel.kamen@united.com steve.morrissey@united.com dan.weiss@united.com Russell Pommer Atlas Air rpommer@atlasair.com Kevin Montgomery Polar Air Cargo kevin.montgomery@polaraircargo.com John Duncan FAA Flight Standards john.s.duncan@faa.gov Krishna Urs U.S. State Department urskr@state.gov