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



### APPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### PTY 

### . L IMITED 

### FOR 

### AMENDMENT OF 

### S TATEMENT OF 

### A UTHORIZATION AND 

### R ENEWAL OF 

### 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 July 24, 20121 Jetstar's current exemption is effective through October 29, 2012. 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. 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 July 24, 2012



### APPLICATION OF 

### J ETSTAR 

### AIRWAYS 

### PTY 

### . L IMITED 

### FOR 

### AMENDMENT OF 

### S TATEMENT OF 

### A UTHORIZATION AND 

### R ENEWAL OF 

### E XEMPTION Jetstar Airways Pty. Limited hereby applies under 14 CFR Part 212 for amendment of the Statement of Authorization granted by Notice of Action Taken in this docket on October 29, 2010. Jetstar also applies under 49 USC 41301 for renewal of the exemption granted by the same action. The existing authority authorizes Jetstar to display the AA* designator code of American Airlines on intra-New Zealand flights operated by Jetstar. 1 / Jetstar and American Airlines have amended their Codeshare Agreement to display the AA* code on trans-Tasman flights between Melbourne and Sydney, Australia, on the one hand, and Christchurch, New Zealand, on the other, in order to provide connecting service to American’s codeshare service on Qantas between Melbourne/Sydney and Los Angeles. The initial Codeshare Agreement is attached to Jetstar’s Application filed in this docket on October 21,A PPLICATION OF J ETSTAR A IRWAYS F OR A MENDMENT OF P AGE 2

S TATEMENT OF A UTHORIZATION AND R ENEWAL OF E XEMPTION 2010. The Variation Agreement, effective August 1, 2012, amending the Codeshare Agreement, is attached hereto as Exhibit 1. Jetstar and American will implement trans-Tasman codeshare service promptly upon issuance of the amendment and renewal requested herein. Jetstar seeks broad amendment of its Statement of Authorization in order 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. Theamended authority (except for the intra-New Zealand routes which are extrabilateral) will be coextensive with Jetstar’s open skies foreign air carrier permitissued by Order 2010-8-2, August 2, 2010. The amended Statement of Authorization should remain in effect indefinitely consistent with Department policy. 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. The amended Statement of Authorization and renewed exemption will enable American Airlines to expand the routing options available to U.S.-originating passengers. The United States has Open Skies Agreements with both Australia and New Zealand, and grant of the authority requested is consistent with those Agreements.A PPLICATION OF J ETSTAR A IRWAYS F OR A MENDMENT OF P AGE 3

S TATEMENT OF A UTHORIZATION AND R ENEWAL OF E XEMPTION Under the Notice In the Matter of Blanket Notification of Code Share Service to Open Skies Partners and Points, dated February 9, 2009, and posted in Docket DOT-OST-1998-0020, Jetstar hereby gives blanket notice of codeshare services between all U.S. points and between U.S. points and points in any open skies country. Jetstar will provide the standard 30-day notice before commencing any codeshare services to or from any non open skies countries. Jetstar will conduct its codeshare operations in accordance with 14 CFR Part 257. A renewal IATA Operational Safety Audit (IOSA) of Jetstar was conducted in October of 2011 in accordance with American Airlines Audit Program. On February 8, 2012, American submitted a Compliance Statement to the FAA in which American advised that it had reviewed the IOSA Audit Report and that all areas of Jetstar’s operations meet ICAO standards for US codeshare service. Jetstar is requesting immediate approval of this Application in order to implement its new trans-Tasman 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. Respectfully submitted, ROLLER & BAUER, PLLC Attorneys for Jetstar Airways Pty. Limited

By: ______________________

Moffett B. Roller July 24, 2012CERTIFICATE OF SERVICE I hereby certify that on this 24 th day of July, 2012, a copy of the foregoing Application of Jetstar Airways Pty. Limited For Amendment of Statement of Authorization and Renewal of Exemption was served by email upon the parties listed below.

________________________ Moffett Roller

Carl Nelson Robert Wirick Francis Heil James Kaleigh American Airlines carl.nelson@aa.com robert.wirick@aa.com francis.heil@aa.com james.kaleigh@aa.com Nancy Sparks Baily Leopard Federal Express nssparks@fedex.com gbleopard@fedex.com Anita Mosner UPS anita.mosner@hklaw.com Ben Graves Evergreen International ben.graves@evergreenairlines.com charters @evergreenairlines.com Sascha Van der Bellen Delta Air Lines sascha.vanderbellen@delta.com Jonathan Hill Hawaiian Airlines jhill@dlalaw.com Hershel Kamen Steve Morrissey Dan Weiss United Air Lines hkamen@coair.com steve.morrissey@united.com dan.weiss@united.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