BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

HAWAIIAN AIRLINES, INC. ) Docket OST-2007-29103 

 ) 

for renewal of exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(U.S.-Philippines) ) 

__________________________________________) 

APPLICATION OF HAWAIIAN AIRLINES, INC. 

FOR RENEWAL OF EXEMPTION 

Communications with respect to this document should be addressed to: 

Mark B. Dunkerley Jonathan B. Hill 

President & CEO J. Parker Erkmann 

 Benjamin M. Berlin 

 Dow Lohnes PLLC 

Hoyt Zia 1200 New Hampshire Ave., NW 

Senior VP, General Counsel & Suite 800 

Corporate Secretary Washington, D.C. 20036-6802 

 202-776-2000 

 jhill@dowlohnes.com 

 perkmann@dowlohnes.com 

Dan Burruss bberlin@dowlohnes.com 

Senior Director, Asia/Pacific 

Business Development 

Hawaiian Airlines, Inc. 

P.O. Box 30008 

Honolulu, HI 96820 

 Counsel for Hawaiian Airlines, Inc. 

May 2, 2013 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

HAWAIIAN AIRLINES, INC. ) Docket OST-2007-29103 

 ) 

for renewal of exemption pursuant to ) 

49 U.S.C. § 40109 ) 

(U.S.-Philippines) ) 

__________________________________________) 

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, Inc. (“Hawaiian”) applies for 

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

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

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

NOAT, Docket OST 2007-29103 (Aug. 19, 2009) (renewal of exemption); NOAT, 

Docket OST 2007-29103 (July 11, 2011) (renewal of exemption).1

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 Micronesia, are operating on Route 

 

1

 Hawaiian herewith invokes the provisions of 5 U.S.C. § 558(c) to continue 

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

renewal of its exemption. 
2 

2. Hawaiian, a certificated U.S. carrier with operating authority to other foreign 

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 founded in 1929 and serves over thirty domestic and 

international 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 United States, South Pacific, 

Asia, 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 

(1)(a) 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 
3 

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 April 2008 using Boeing 767 aircraft and has integrated 

A330 into its fleet. Hawaiian has operated with four or greater frequencies per week. 

6. Hawaiian’s current authority expires on July 11, 2013. Although 

Hawaiian plans to discontinue service to the Philippines effective August 1, 2013, 

Hawaiian requests a full two-year renewal of its exemption in order to maintain the 

regulatory flexibility to provide service to the Philippines should demand and market 

conditions so dictate. 

7. 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. 

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.