BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

ETIHAD AIRWAYS P.J.S.C. 

for a Statement of Authorization 

pursuant to 14 C.F.R. § 212 

Docket OST-2013-

APPLICATION OF ETIHAD AIRWAYS P.J.S.C. 

FOR A STATEMENT OF AUTHORIZATION 

Communications concerning this document may be served upon: 

Anita M. Mosner 

Jennifer M. Nowak 

Holland & Knight LLP 

800 17TM Street, NW 

Suite 1100 

Washington, DC 20006 

Tel: (202)419-2604 

Fax: (202) 955-5564 

anita.mosner@hklaw.com 

Counsel for Etihad Airways 

P.J.S.C. 

September 19, 2013 

NOTICE: THE APPLICANT IS REQUESTING EXPEDITED APPROVAL FROM THE 

DEPARTMENT AND WILL POLL ALL INTERESTED PARTIES. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

ETIHAD AIRWAYS P.J.S.C. 

for a Statement of Authorization 

pursuant to 14 C.F.R. § 212 

Docket OST-2013-

APPLICATION OF ETIHAD AIRWAYS P.J.S.C. 

FOR A STATEMENT OF AUTHORIZATION 

Etihad Airways P.J.S.C. ("Etihad") hereby applies for a Statement of 

Authorization pursuant to 14 C.F.R. Part 212 to engage in the codesharing services 

described below. 

In support of its application, Etihad states the following: 

1. Etihad requests a Statement of Authorization to display the Jat Airways 

a.d. Belgrade ("JAT") "JU*" airline designator code on flights operated by Etihad to the 

United States. Initially, Etihad will place the JU* code on flights it operates between Abu 

Dhabi (AUH) on the one hand, and New York (JFK), Chicago (ORD), and Washington, 

DC (IAD) on the other hand, that connect with JAT's services to Belgrade (BEG). 

2. Both Etihad and JAT hold, or are in the process of obtaining, the 

underlying economic authority to engage in the proposed codeshare operations. Etihad 

holds a foreign air carrier permit issued by the Department that authorizes it to engage in 

scheduled and charter foreign air transportation of persons, property, and mail from 
Etihad Airways P.J.S.C. 

Application for a Statement of Authorization 

points behind the U.A.E. and intermediate points to a point or points in the United States 

and beyond.1 

3. Concurrent with the filing of this application, JAT is submitting an 

application to the Department requesting an Exemption under 49 U.S.C. § 40109 that 

would authorize it to hold and market service to the US, by either placing its code on 

flights operated to the U.S. by current or future commercial partners which hold the 

appropriate authority to operate service to the United States, or through an appropriate 

lease with another authorized party. 

4. The codeshare authorization requested herein is consistent with the 1999 

Open Skies Agreement between the U.S. and the U.A.E., which grants broad authority 

for homeland carriers of the parties to engage in cooperative marketing arrangements 

such as codesharing with third party carriers.2 Although the U.S. and the Republic of 

Serbia do not currently have a bilateral air service agreement in place, principles of 

comity and reciprocity warrant a grant of Etihad's request. U.S. carriers United Airlines 

and US Airways currently hold out service to Belgrade, Serbia on flights operated by 

third country carriers, which would support a grant of similar authority allowing Etihad to 

carry JAT's designator code on service to the U.S.3 

5. The codesharing proposed herein is also fully consistent with the public 

interest. The codeshare arrangement will allow Etihad and JAT to expand their online 

networks, promoting competition and enhancing service options for travelers. In 

1

 Order 2010-8-6 (Aug. 11, 2010). Etihad recently applied for an amendment to its Foreign Air 

Carrier Permit to allow Etihad to operate all-cargo services between the U.S. and any point or 

points. Interim exemption authority was granted by DOT by Notice of Action Taken, Docket OST2005-23345 (Nov. 2, 2012). 

2

 The Agreement states that, "any designated airline of one Party may enter into cooperative 

marketing arrangements such as blocked-space, code-sharing or leasing arrangements, with an 

airline or airlines of either Party [or] an airline or airlines of a third country . . . ." U.S.-U.A.E. 

Open Skies Agreement, Art. 8, If 7 (Apr. 13, 1999). 

3

 United places its code on flights operated by Swiss International Airlines between Zurich (ZUR) 

and BEG, on flights operated by Lufthansa between Frankfurt (FRA)/Munich(MUC) and BEG, and 

on flights operated by Austrian Airlines between Vienna (VIE) and BEG. US Airways places its 

code on flights operated by Lufthansa between FRA and BEG. 
Etihad Airways P.J.S.C. 

Application for a Statement of Authorization 

addition, the Department previously has granted authority to a third country carrier 

permitting it to carry JAT's code on its U.S. operations.4 

6. Etihad agrees to abide by the consumer notification requirements of 14 

C.F.R. Part 257, as well as the other conditions and limitations the Department normally 

attaches to codeshare operations. 

7. Etihad will notify the Department no later than 30 days before 

commencing any additional codeshare services involving U.S. points no identified in this 

application. 

8. Etihad and JAT plan to begin codesharing over these routings as soon as 

all government approvals have been granted and, therefore, request a waiver of the 

provision that requires carriers to file requests for Statements of Authorization at least 45 

days in advance of their proposed startup date. 

9. Etihad also requests that the Statements of Authorization be issued for an 

indefinite period, as long as the relevant codeshare agreement between Etihad and JAT 

continues in effect, and will notify the Department if that agreement should cease to be 

effective. 

WHEREFORE, Etihad respectfully requests the Department to grant it the 

Statement of Authorization described above on an expedited basis and to grant it such 

other and different relief as is consistent with this application and with the public interest. 

4

 Department Action on Application in Docket OST-2003-15879 (Aug. 6, 2003), granting 

Uzbekistan Airways a Statement of Authorization to carry the JU* code on flights operated by 

Uzbekistan Airways between Tashkent, Uzbekistan and New York JFK. 
Etihad Airways P.J.S.C. 

Application for a Statement of Authorization 

Respejdf ully submitted, 

(fiita M. Mosner 

Jennifer M. Nowak 

Holland & Knight LLP 

Attorneys for Etihad Airways P.J.S.C.