BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

HAWAIIAN AIRLINES, [NC.

for renewal of exemption pursuant to

49 U.S.C. $ 40109

(U.S.-Philippines)

)

)

)

) Docket OST-2007-29103

)

)

)

)

)

APPLICATION OF IIAWAIIAN AIRLINES. INC.

FOR RENE\ilAL OF EXEMPTION

Communications with respect to this document should be addressed to:

Mark B. Dunkerley Jonathan B. Hill, Esq.

President & CEO Sarah J. McGinley, Esq.

Dow Lohnes PLLC

1200 New Hampshire Ave., NW

HoyIZia Suite 800

Senior VP, General Counsel & Washington, D.C. 20036-6802

Corporate Secretary 202-776-2000

jhill@dowlohnes.com

smcginley@dowlohnes. com

Dan Bum¡ss

S enior Director, Asia/Pacific

Business Development

Hawaiian Airlines, Inc.

P.O. Box 30008

Honolulu, HI 96820

Counsel for Hawaiian Airlines, lnc.

June20,20ll
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

HAWAIIAN AIRLINES, fNC.

for renewal of exemption pursuant to

49 U.S.C. $ 40109

(U.S.-Philippines)

)

)

)

) Docket 05T-2007-29103

)

)

)

)

)

APPLICATION OF HAWAIIAN AIRLINES. INC.

FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. $ 40109 and Subpart C of the Department's Procedural

Rules, 14 C.F.R. $ 302.301 et seq., Hawaiian Airlines, lnc. ("Hawaiian") applies for

renewal of its exemption granted September 28,2007 authorizing it to engage ih

scheduled foreign air transportation of persons, property, and mail between the United

States and the Philippines. ^Se¿ NOAT, Docket OST 2007-29103 (Sept. 28,2007);

NOAT, Docket OST 2007-29103 (Aug. lg,2009) (renewal of exemption).r

The Air Transport Agreement between the Government of the United States of

America and the Government of the Republic of the Philippines ("Air Transport

Agreement") provides for the designation of three U.S. carriers on Route 2. Currently,

three U.S. carriers, Hawaiian, Delta, and Continental Air Micronesia, are operating on

Route 2. Hautaiían, a certifrcated U.S. carrier with operating authority to other foreign

t Ha*aiian herewith invokes the provisions of 5 U.S.C. $ 55S(c) to continue

operations under its existing authority until final action has been taken on this request for

renewal of its exemption.
destinations, requests that the Department of Transportation ("DOT" or the

"Department") renew the present exemption to allow Hawaiian to continue to operate in

the U.S.-Philippines market on Route 2.

In support of this application, Hawaiian states as follows:

1. Hawaiian was foundedin 1929 and serves thirty-one domestic and

intemational destinations (including codeshare destinations) in the continental United

States and the Pacific region. It specializes in air transportation among the Hawaiian

Islands and bringing visitors to Hawaii from points in the Western United States, South

Pacific, Asia (Japan and Korea), and Australia.

2. Hawaiian provides regular service to the South Pacific and provides daily

service to Hawaii from more cities than any other airline. Hawaiian seeks a renewal of

this exemption to enable it to continue to provide scheduled foreign air transportation

from the United States to the Philippines.

3. Specifically, Hawaiian requests the following renewal authority as

presently granted pursuant to the NOAT:

Scheduled foreign air transportation of persons, property, and mail

between the United States via intermediate points to the

Philippines and beyond.

4. The Air Transport Agreement, which entered into force on September 16,

1982, expressly authorizes three U.S. carriers to serve these points in Annex I. Paragraph

(1Xa) to Article 3 of the Air Transport Agreement provides that "each Party shall have

the right (a) to designate up to three airlines to perform scheduled combination service

on Route 2 of Annex I." Hawaiian requests that its present authority to serve the
requested markets pursuant to Paragraph 1(a) of Article 3 of the Air Transport Agreement

be renewed.

5. Hawaiian has offered this scheduled air service between Honolulu, Hawaii

and Manila, Philippines since March 2008 using Boeing 767 airuaft. Hawaiian has

recently purchased and is integrating into its fleet new 4330 aircraft. As stated in its

original application, Hawaiian has operated with four or gteater frequencies per week.

6. The Department has repeatedly found Hawaiian fit, willing, and able to

provide scheduled foreign air transportation of persons, property, and mail.2 Hawaiian

holds Certificates of Public Convenience and Necessity to provide foreign air

transportation of persons, property, and mail on various routes to the South Pacific and

Australia. There have been no material changes within the company that would affect

those prior fitness findings.

7. Hawaiian's service will continue to enhance competition in the U.S.-

Philippines market and offer consumers a significant travel option. Hawaiian's entry into

the U.S.-Philippines market has expanded the service options available to the traveling

public and stimulated additional personal and business travel.

8. Hawaiian will continue to abide by all of the conditions and limitations the

Department attaches to exemption authorities.

2 Hawaiian requests that the Department take official notice of the financial

information that Hawaiian provides to the Department on a regular basis.
WHEREFORE, Hawaiian respectfully requests that the Department renew

Hawaiian's existing exemption so that Hawaiian may continue its service to the

Philippines.

Respectfully submitted,

Sarah J. McGinley, Esg.

Dow Lohnes PLLC

1200 New Hampshire Avenue, NW

Suite 800

Washington, D.C. 20036-6802

(202) 776-2000

jhill@dowlohnes.com

smcginley@dowlohnes. com

Counsel for Hawaiian Airlines, Inc.

Dated: June20,20Il
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Hawaiian Airlines,

Inc. for Renewal of Exemption has been served via email transmission on this 20th

day of June 201 1 upon the following:

sascha. vanderbellen@delta. com

b en. s chl ap ak@haw aä. gov

deane. kadokaw a@hawaii. gov

Paul.Gretch@dot.gov

Esta. Rosenberg@dot. gov