BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of )

) AIR TAHITI NUI ) Docket No. OST-2015-

) for a Statement of Authorization under ) 14 C.F.R. Part 212 (code-sharing) )

APPLICATION OF AIR TAHITI NUI 

### FOR A STATEMENT OF AUTHORIZATION

Communications with respect to the above should be addressed to: Evelyn D. Sahr Jonathan T. Linde Drew M. Derco Counsel to Air Tahiti Nui ECKERT SEAMANS CHERIN & MELLOTT, LLC 1717 Pennsylvania Ave., N.W. Twelfth Floor Washington, D.C. 20006 Tel: (202) 659-6600 Fax: (202) 659-6699BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of )

) AIR TAHITI NUI ) Docket No. OST-2015-

) for a Statement of Authorization under ) 14 C.F.R. Part 212 (code-sharing) )

APPLICATION OF AIR TAHITI NUI 

### FOR A STATEMENT OF AUTHORIZATION Pursuant to Part 212 of the Department's Economic Regulations, Air Tahiti Nui applies for a statement of authorization permitting it to place the SB* designator code of Air Caledonie International S.A. (Aircalin) on flights Air Tahiti Nui operates between Papeete, Tahiti, French Polynesia (PPT) and Auckland, New Zealand (AKL) on the one hand, and Los Angeles, California (LAX) on the other. Under the codeshare arrangement contemplated by Aircalin and Air Tahiti Nui, Aircalin will provide twice weekly codeshare service between Noumea, New Caledonia (NOU) and LAX via PPT and once weekly codeshare service between NOU and LAX via AKL and PPT. 1 Air Tahiti Nui intends to implement the proposed codesharing service as soon as all required

1 Because Aircalin will operate NOU-PPT and NOU-AKL with its own A330 aircraft, Air Tahiti Nui is not seeking authority to display the SB* code over those particular flight segments.governmental approvals are in place and, therefore, requests expedited approval of this

application. The authorization is requested for an indefinite period. 2 In support of this application Air Tahiti Nui states the following:
1. Air Tahiti Nui holds the necessary underlying economic authority to provide the services contemplated herein. Specifically, Air Tahiti Nui holds a Foreign Air Carrier Permit that allows it to provide scheduled service from points behind French Polynesia, via French Polynesia, and intermediate points to the U.S. and beyond. 3 Air Tahiti Nui currently operates PPT-LAX and AKL-PPT-LAX with modern A-340 aircraft.
2. Aircalin is a carrier from New Caledonia. Its application for the requisite underlying exemption and permit authority to provide the codeshare services described herein was submitted in Docket DOT-OST-2015-0003 on January 8, 2015. 3. The requested authorization is consistent with the U.S.-France Air Transport Agreement, as amended, which remains in effect for French Polynesia 4 and provides for thirdcountry codesharing and codesharing between French carriers. 5 The proposed codeshare service will provide a more efficient use of capacity in the marketplace and will help maximize the range of services available to the U.S. travelling and shipping public. The Department has consistentlyissued Statements of Authorization when, as is the case here, applicants have proposed procompetitive codeshare arrangements that are in the public interest.

2 Air Tahiti Nui requests a waiver, to the extent necessary, of the 45-day advance filing requirement contained in 14 C.F.R. §212. 1 0(d)(2).
3 See Order 2003-9-27, Issuing Foreign Carrier Permit. 4See U.S.-France Air Transport Agreement, Annex I, Section I.
5See U.S.-France Air Transport Agreement, Article 8(7).4. Air Tahiti Nui will accept all the standard conditions applicable to the grant of

codeshare authority as requested herein. Air Tahiti Nui will conduct the codesharing activities in compliance with Part 257 of the Department's economic regulations and any other applicable rules and regulations. 5. Air Tahiti Nui will notify the Department no later than 30 days before commencing any additional codeshare services involving U.S. points not specified herein.
6. The requested Statement of Authorization raises no environmental or energy issues and does not constitute a"major regulatory action" under the Energy Policy and Conservation Act of 1975, as defined by 14 C.F.R. § 313.4(a)(1), since the requested authority will not result in a near-term increase in fuel consumption in excess of 10 million gallons. WIIEREFORE Air Tahiti Nui respectfully requests the Department grant the requested statement of authorization as described above.

Respectfully submitted,

A A fi ~r0~ Evelyn 9. Sahr Jonathan T. Linde Drew M. Derco Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Ave., NW, 12' b Floor Washington, DC 20006 (202) 659-6622 Counsel to Air Tahiti Nui January 20, 2015

### CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by electronic mail this 20 th day of January 2015 on the following:

TO COMPANY E-MAIL Thomas S. En le U.S. Department of State englets state.gov John Duncan Federal Aviation Administration john.s.duncan@faa.gov Dan Weiss Steve Morrissey United Air Lines, Inc. dan.weiss@united.com steve.morrissey united.com Sascha Van der Bellen Chris Walker Delta Air Lines, Inc. sascha.vanderbellen@delta.com chris.walker@delta.com Robert Wirick Howard Kass American Airlines, Inc. Robert.wirick@aa.com Howard.kass@aa.com Jonathan Hill Cooley LLP (Hawaiian Airlines, Inc.) jhill@cooley.com Bailey Leopard Nancy S arks Federal Express gbleopard@fedex.com nssparks@fedex.com Anita Mosner Jennifer Nowak Holland & Knight (United Parcel Service) anita.mosner@hklaw.com jennifer.nowak hklaw.com Robert Silverberg ABX Air, Inc. rsilverberg@sgbdc.com Kevin Mont omery Polar Air Cargo kevin.montgomery polaraircargo.com Russell Pommer Atlas Air, Inc. rpommer atlasair.com Mark Atwood Cozen O'Connor (Kalitta Air, LLC) matwood@cozen.com Evergreen International Airlines charters@evergreenairlines.com Gina Marie Lindsey Los Angeles World Airports gmlindsey lawa.org Frank Avent Airlineinfo.com fbavent airlineinfo.com

~ 

# -,Z/, Syl ia Bryant