BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, DC

__________________________________________ ) Application of ) ) Docket OST-2011- Hawaiian Airlines, Inc. ) ) For a Statement of Aut horization Pursuant ) to 14 C.F.R. Part 212 Codesharing With ) Virgin Australia International Airlines Pty Ltd ) d/b/a V Australia ) __________________________________________)
APPLICATION OF HAWAIIAN AIRLINES, INC. FOR A STATEMENT OF AUTHORIZATION
Communications with respect to this document should be directed to:
Jonathan B. Hill, Esq. J. Parker Erkmann, Esq. Dow Lohnes PLLC 1200 New Hampshire Ave., NW Suite 800 Washington, DC 20036 202/776-2000 jhill@dowlohnes.com perkmann@dowlohnes.com

Counsel for Hawaiian Airlines, Inc.

NOTICE: The applicant requests expedited treat ment of this application. Counsel will poll interested parties by telephone and inform the Department of the results. September 28, 20111 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, DC

__________________________________________ ) Application of ) ) Docket OST-2011- Hawaiian Airlines, Inc. ) ) For a Statement of Aut horization Pursuant ) to 14 C.F.R. Part 212 Codesharing With ) Virgin Australia International Airlines Pty Ltd ) d/b/a V Australia ) __________________________________________) APPLICATION OF HAWAIIAN AIRLINES, INC. FOR A STATEMENT OF AUTHORIZATION Hawaiian Airlines, Inc. (hereinafter “Hawaiian”) recently entered into an agreement with Virgin Australia Internat ional Airlines Pty Ltd d/b/a V Australia (hereinafter, “V Australia”) whereby Hawa iian will place V Australia’s VA* designator code on Hawaiian’s inter-island flights and f lights between Hawaii and Australia for the purpose of transporting Australi a – U.S. traffic. Hawaiian therefore requests a blanket statement of authorization unde r Part 212 of the Department’s regulations and waiver of the Department’s 45-day advance notice re quirement in order to effectuate this arrangement. Hawaiian respectfully requests expedited consideration of this application to facilitate the marketing and advance sale of these new codeshare services, which will be initiated as soon as Department approval has been received. The applicant will poll the parties served with this request to determ ine whether there are any objections to this application or the related waiver request.2 In support of this application, Hawaiian states as follows: 1. Hawaiian requests a blanket statement of authorization to enable it to place V Australia’s VA* code on points served by Hawaiian, with the initial markets for these operations listed in Exhibit A. This will enable V Australia to market connecting service from Sydney to Honolulu and to a nd from points in Hawaii under V Australia’s designator code. Hawaiian reque sts a blanket statement of au thorization at this time to provide it with the flexibility to quickly expand this relationship to additional points (including destinations in the continental Unit ed States and foreign destinations) in the future. 2. Approval of this application is cons istent with Article 8(7) of the Open Skies agreement between the U.S. and Austra lia, which authorizes liberal codesharing between Australian and U.S. carriers, and with the Department’s well-established precedent of granting similar blanket code share authority for other trans-Pacific codeshare partnerships involving Australian and U.S. airlines. 1
3. Hawaiian 2 and V Australia 3 already hold the broa d underlying authority to conduct operations on the codeshare routes, and thus only a statement of authorization is required to institute these services. 4. The code-sharing services proposed by Hawaiian and V Australia will serve the public interest. Passengers will ha ve increased access to Hawaiian destinations including Honolulu and other points in the Hawaiian Is lands, and approval of this

1 See , e.g. , Department Action on Application in Docket OST-2000-7785 (Jun. 4, 2002) (authorizing designation of American’s AA* code on Qantas). 2 Hawaiian holds various certificates of public convenience and necessity and exemptions authorizing it to transport persons, property, and mail in the U.S. and internationally, including blanket open skies certificate authority. See Order 2007-7-3 (Jul. 10, 2007). Australia is an open skies country. See U.S. Dep’t of State, Bureau of Economic, Energy, and Business Affairs, List of Open Skies Partners (rel. Aug. 26, 2011) (available at: http://www.state.gov/e/eeb/rls/othr/ata/114805.htm). 3 Order 2009-9-18 (Jul. 28, 2009) (issuing V Aust ralia’s amended foreign air carrier permit).3 application will extend economic benefits not only to V Australia and Hawaiian passengers but to Hawaii and destination ci ties served by Hawaiian. The U.S.-Australia Open Skies agreement was adopted by the pa rties “to facilitate the expansion of international air transport opportunities,” 4 and the public interest is served by permitting U.S. carriers and travelers to take advantage of the agreement’s liberal provisions. 5. Moreover, approval of this applicati on is consistent with long-standing precedent and Department policy. The Department has consistently granted statements of authorization involving implementation of vari ous code share/block space arrangements where those arrangements were pro-competitive and in the public interest as is the case here. In addition, the Department has conf irmed in its interna tional aviation policy statement that code share/block space arrange ments are in the public interest as they provide benefit both in terms of increas ed service and increased competition: Code sharing and other cooperative mark et agreements can provide a cost efficient way for carriers to enter new markets, expand the system and obtain additional flow traffic to support their ope rations by using existing facilities and scheduled operations. Dep’t of Transp., Statement of United St ates Int’l Air Transp. Policy, 59 Fed Reg. 55,523, at 55,525 (Nov. 7, 1994). 6. A redacted copy of the Codeshar e Agreement between Hawaiian and V Australia is submitted as Exhibit B. 7. Hawaiian will notify the Departme nt no later than 30 days before commencing any additional codesharing servic es under this author ization, and Hawaiian and V Australia accept the Department’s st andard conditions on limited-entry thirdcountry codesharing services. Hawaiian a nd V Australia will conduct their codesharing

4 Air Transport Agreement Between the Gove rnment of the United States of America and the Government of Australia, dated Feb. 14, 2008, at 1.activities in compliance with ParI257 of the Department's Economic Regulations and

any other applicable ruies and regulations. 

## 8. Hawaiian states that the application 

### will have no effect on its 

### Civil

Reserve Air Fleet commitments. WHEREFORE, Hawaiian Airlines, Inc. requests that the Department promptly

issue a blanket statement of authorization authorizing Hawaiian to display the code 

### of Virgin Australia Intemational Airlines Pty Ltd d/b/a V Australia, and that the Department
waive its advance notice provisions, as more firlly described above.

1200 New Hampshire Ave., 

### NW Washington, 

### DC 20036 202/776-2000 ihilt@clor.tlohnes.com perkmann@dowlohnes.com
Counsel for Hawaiian Airlines, Inc.

B. Hill, Esq. Parker Erkmann, Esq.Exhibit A CODESHARING POINTS V Australia will place its code VA* on the following Hawaiian (HA) flights : Hawaiian-operated flights on all routes within the State of Hawaii Hawaiian-operated flights on all routes between the Hawaii and Australia. Initial Hawaiian Operated Codeshare Flight s (both directions, commencing as soon as Department approval has been received) :

- Honolulu – Kahului, Kona, Lihue, Hilo

- Honolulu – Sydney, NSW, AustraliaCERTIFICATE OF SERVICE
I hereby certift that a copy ofthe foregoing Application of Hawaiian Airlines, Inc. for a Statement of Authorization was served this 28th day of September 201 1 via email transmission on the lollowing persons:

Person Carl B. Nelson, Jr. Da¡ Weiss
Sasha Van De¡ Bellen
Steve Morrissey Howard Kass G€orge Wellington
Esta Rosenburg
John Allen
Kris Urs Orgânizat¡on
American Continental Delta United US Airways Department of Transportation DepaÌtment of Transportation Office ofFlight Standa¡ds Service F€deral Aviation Administration Department of State Email/Mailing Address carl.nelson@aÀcom 'dan.weiss@coair.com' sascha.vanderbellen@delta.com' 'steve.mo¡rissey@united.com' howard_kass@usairways.com george.wellington@dot.gov €st¿.¡osenbe¡g@dot.gov john.allen@faa.gov urskr@state.gov

J. Parker Erkmarrn