U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- O ST

- 200 9

- 00 61 (Filed December 22 , 201 1 )

Joint a pplic ation of A ll Nippon Airways Co., Ltd. (ANA) and Air Japan Co., Ltd. (Air Japan) f or statement s of authorization as follows:
ANA requests an amended statement of authorization to permit A NA to display the (5X*) designator code of United Parcel Service Co. ( UPS ) o n flights operated by ANA between points in the United States and points in Japan and beyond Japan, for the purpose of transporting U.S. mail

. 1

Air Japan requests a statement of authorization permitting it to display the (5X*) designator code of UPS on code

- share flights operated by Air Japan on a wet lease basis for ANA, in connection with ANA’s code

- share agreement with UPS.

The joint a pplicants also request waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

* Approved under assigned authority (14 CFR §385.13).

Date of Action: January 13 , 201 2

This action is subject to the conditions attached. Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, and the filing of a petition for review will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

1 ANA’s existing statement of authorization permits it to display the (5X*) designator code of UPS and block space to UPS, on combination flights operated by ANA between Tokyo (NRT) and Chicago (ORD), and on all

- cargo flights operated by ANA between: 1) Toky o (NRT) and Chicago (ORD), via Anchorage (ANC); 2) Tokyo (NRT) and Taipei (TPE); and 3) Tokyo (NRT) and Seoul (ICN), for the purpose of transporting UPS cargo and mail between the United States and Japan, the United States and Taiwan, and the United States and South Korea, in both directions. ANA’s existing statement of authorization further permits it display the (5X*) designator code of UPS on all

- cargo flights operated by ANA between 1) Tokyo (NRT) and Honolulu (HNL); and 2) Tokyo (NRT) and Bangkok, Tha iland (BKK). See Department actions in this Docket dated March 12, 2009, October 16, 2009, March 16, 2010, and March 26, 2010.Appendix A

The code

- share operations authorized here are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) ANA, Air Japan, and UPS 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.

(b) ANA, Air Japan, and/o r UPS , as appropriate, must notify the Department no later than 30 days before they begin any new code

- share service under the code

- share services authorized here. Such notice shall identify the market(s) to be served, which carrier will be operating the aircraft in the code

- share market added, and the date on which the service will begin. Such notice should be filed in Docket DOT

- OST

- 20 09

- 0061

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(c) ANA, Air Japan, and/or UPS , as appropriate, must promptly notify the Department if the code

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notice should be filed in Docket DOT

OST

- 20 09

- 0061

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(d) The code

- sharing op erations 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 ap proval 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 the computer reservation systems and elsewhere; that the carrier selling such transportati on (i.e., the carrier shown on the waybill ) accept responsibility for the entirety of the code

share journey for all obligations established in its contract of carriage with the shipper ; that the cargo liability of the operating carrier be unaffected; and that the operating carrier shall not permit the code of its U.S. code

sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibit ion.

(e) The authority to operate to third countries is subject to the condition that any service provided under the statement of authorization shall be consistent with all applicable agreements between the United States and the foreign countries involved . Furthermore, (i) nothing in the award of this blanket statement of authorization should be construed as conferring upon UPS rights (including code

- share, fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limit ed unless UPS notifies the Department of its intent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (ii) sh ould there be a request by any carrier to use the limited

- entry route rights that are included in the authority of UPS by virtue of the blanket statement of authorization granted here, but that are not then being used by UPS , the holding of such authority will not be considered as providing any preference for UPS in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 3

(f) The authority granted here is specifically conditioned so that neither ANA, Air Japan, nor UPS 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 a uthority granted at any time without hearing at our discretion.

1 See Appendix B for list of initial code

- share points

. 2 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such decision.

3 The notice in paragraph (b) above can be used for this notification.Appendix B