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

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 2011

- 0186 (Filed September 28, 2011 )

A pplic ation of Hawaiian Airlines , Inc. ( Hawaiian ) for a bl anket statement of authorization to display the “ VA ” designator code of Virgin Australia International

Airlines Pty Ltd d/b/a V Australia (V Australia) on flights operated by Hawaiian between (1) points in the United States, in conjunction with V Australia ’s services between Australia and the United States; (2) points in the United States and points in Australia (either nonstop or via intermediate points in third countries); and (3) points in the United States and points in third countries

. 1

Hawaiian also requests a waiver of the 45

- day advance filing requirement under 14 CFR Part 212. 2

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

Date of Action: October 20 , 2011

Th is 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 acti on 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 We note that Hawaiian requested flexibility to expand its code

- share relationship to additional points (including destinations in the contine ntal United States and foreign destinations) in the future. The carrier advised us orally that it is seeking authority to code share between (1) points in the United States, in conjunction with V Australia’s services between Australia and the United State s; (2) points in the United States and points in Australia (either nonstop or via intermediate points in third countries); and (3) points in the United States and points in third countries

. 2 Hawaiian filed a motion requesting confidential treatment of its unredacted Codeshare Agreement under 14 CFR § 302.12. We will grant the motion.

### A P PENDIX A

The code

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

(a) The statement of authorization will remain in effect only as long as (i) Hawaiian and V Australia continue to hold the necessary underlying authority to opera te the code

- share services at issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect.

(b) Hawaiian and/or V Australia , as appropriate, must notify the Department no later than 30 days before they begin any new c ode

- share service under the code

- share services authorized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notice should be filed in Docket DOT

- OST

- 2011

- 0186

. 3

(c) Hawaiian and/or V Australia , 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 cea se operating all or a portion of the approved code

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

- OST

- 2011

- 0186

. 4

(d) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Depart ment’s regulations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval 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 transportation ( i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code

- share journ ey for all obligations established in its contract of carriage with the
passenger; and that the passenger liability of the operating carrier be unaffected

. (e) The authority to operate to third countries is subject to the condition that any service provid ed 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 a s conferring upon Hawaiian rights (including code

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

entry route rights that are included in the authority of Hawaiian by virtue of the blanket statement of authorization granted here, but that are not then being used by Hawaiian , the holding of such authority will not be considered as providing any preference for Hawaiian in a competitive carr ier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 5

(f) The authority granted here is specifically conditioned so that neither Hawaiian nor V Australia 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 authority granted at any time without hearing at our discretion.

3 See Appendix B for list of initial code

- share points.
4 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such decision.
5 The notice in paragraph (b) above can be used for this notification.

### APPENDIX B

CODESHARING POINTS

Initial Hawaiian Operated Codeshare Flights (both directions, commencing as soon as Depa rtment approval has been received) :

- Honolulu

– Kahului, Kona, Lihue, Hilo

- Honolulu

– Sydney, NSW, Australia