UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC



### Issued by the Department of Transportation on July 11 , 2011

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 7

- 29103

This serves as notice to the public of the action described below, taken by the Department official

indicated (no additional confirming order will be issued in this matter).

Application of HAWAIIAN AIRLINES, INC. (Hawaiian) filed 6/20/11

, for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of person s , property, and mail between the United States via

intermediate points to the Philippines and beyond

.

Applicant rep : Jonathan B. Hill (202) 776

- 2000 DOT Analyst: Robert Finamore (202) 366

- 2405

D I S P O S I T I O N

XX Granted (subject to conditions, see below) 1

The above action was effective when taken: July 11 , 2011

, t hrough July 11 , 2013

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and

the Philippines

.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX H older’s certific ate of public convenience and necessity

XX Standard exemption conditions (attached)

O n the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the

applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our

action was consistent with Department policy; (2) grant of the authority was consistent with the public

interest; and (3) grant of the author ity would not constitute a major regulatory action under the Energy

Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced

Docket. We may amend, modify, or revoke the authority granted in this Notice at a ny time without

hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of

i ssuance of this Notice. This action was effective when taken, and the filing of a petition for review will

not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

1 We are granting the carrier’s request for exemption authority here to the extent that it is consistent with Route 2 of

Annex I of the U.S.

- Philippines aviation agreement.

### ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage

to the Department, containe d in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply

with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits

and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the

Transportation Security Administration, and with all applicable U.S. Government requirements

concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with

all appli cable U.S. Government requirements concerning security, the holder shall, before

commencing any new service (including charter flights) to or from a foreign airport, contact its

Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the

Transportation Security Administration has determined that security is adequate to allow such

airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public

interest as may be prescribed by the Department of Transportation, with all applicable orders and

regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holde r is in compliance

with the conditions imposed above.

1/08