BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C. 

____________________________________ 

 ) 

Application of ) 

 ) 

ASIANA AIRLINES, INC. ) 

 ) Docket OST-2014-_______ 

for a Blanket Statement of Authorization ) 

Pursuant to 14 C.F.R. Part 212 ) 

(code-share with Etihad Airways) ) 

____________________________________) 

APPLICATION OF ASIANA AIRLINES, INC. 

FOR A BLANKET STATEMENT OF AUTHORIZATION

Communications with respect to this document should be addressed to: 

Brian D. Smith 

Covington & Burling LLP 

850 Tenth Street, N.W. 

Washington, D.C. 20001 

202-662-5090 

bdsmith@cov.com 

Counsel to Asiana Airlines, Inc. 

December 18, 2014 

Notice: The Applicant intends to initiate the code-sharing services that are the subject of this 

Application on or about January 5, 2015. The Applicant therefore respectfully requests 

expedited processing of this Application and will poll the air carrier representatives served with 

this Application and will notify the Department of the results. 
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C. 

____________________________________ 

 ) 

Application of ) 

 ) 

ASIANA AIRLINES, INC. ) 

 ) Docket OST-2014-_______ 

for a Blanket Statement of Authorization ) 

Pursuant to 14 C.F.R. Part 212 ) 

(code-share with Etihad Airways) ) 

____________________________________) 

APPLICATION OF ASIANA AIRLINES, INC. 

FOR A BLANKET STATEMENT OF AUTHORIZATION

Asiana Airlines, Inc. (“Asiana” or “Applicant”) hereby respectfully request a blanket 

Statement of Authorization pursuant to 14 C.F.R. Part 212 to enable it to display the “EY*” 

designator code of Etihad Airways P.J.S.C. (“Etihad”) on flights Asiana operates in conjunction 

with foreign air transportation of persons, property, and mail, to the full extent permitted under 

the open skies agreements between the United States and the Republic of Korea. Initially, 

Asiana plans to carry the EY* designator code on flights it operates between Seoul, Korea (ICN), 

on the one hand, and Los Angeles (LAX) and San Francisco (SFO), on the other hand, in 

connection with Etihad’s U.A.E.-U.S. service. 

In support of this Application, Asiana submits the following: 

1. Asiana and Etihad entered into a Code Share Agreement that was effective as of 

December 10, 2010, and that was recently amended with reference to the routes identified in this 

Application. Flights operated by Asiana will originate or terminate in Seoul, Korea (ICN). 

Accordingly, Asiana requests a blanket Statement of Authorization to place Etihad’s EY* 
Asiana Airlines 

Docket OST 2014-_____ 

Application for a Statement of Authorization 

Page 2 

designator code on services operated by Asiana from a point or points behind Korea, via Korea 

and intermediate points, to a point or points in the United States, and beyond. 

2. Asiana and Etihad intend to initiate the code-sharing services that are the subject 

of this Application on or about January 5, 2015. The Applicant therefore respectfully requests 

expeditious consideration of this Application and a waiver of the 45-day requirement of the 

Department’s regulations.1 The Applicant will poll the carriers listed on the certificate of 

service and will notify the Department of the results. The Applicant requests that the Statement 

of Authorization be granted for an indefinite period, so long as the Code Share Agreement 

remains in effect, consistent with the Department’s practice. Should the Agreement cease to be 

effective, the Applicant will notify the Department. 

3. Both Asiana and Etihad hold the necessary authorities for the code-share flights. 

Asiana’s Foreign Air Carrier Permit authorizes Asiana to engage in scheduled foreign air 

transportation, carrying persons, property, and mail “[f]rom a point or points behind the Republic 

of Korea, via the Republic of Korea and intermediate points, to a point or points in the United 

States, and beyond.”2

 These rights are also provided in Annex I to the 1998 Air Transport 

Agreement between the United States and the Republic of Korea. Etihad holds a Foreign Air 

Carrier Permit that authorizes it to engage in scheduled and charter foreign air transportation of 

persons, property and mail “from points behind the United Arab Emirates and intermediate 

points to a point or points in the United States and beyond.”3

 

1

 14 C.F.R. § 212.10(d)(2). 

2

 Order 2000-11-10. 

3

 Order 2010-8-6. 
Asiana Airlines 

Docket OST 2014-_____ 

Application for a Statement of Authorization 

Page 3 

4. The Code Share Agreement between Asiana and Etihad and the Statement of 

Authorization requested in this Application are consistent with the applicable open skies 

agreements. The Air Transport Agreement between the United States and Korea, and the Air 

Transport Agreement between the United States and the United Arab Emirates similarly provide 

that any designated airline of either party to the agreements may enter into code-sharing 

arrangements with an airline of a third country, provided that third country authorizes or allows 

comparable arrangements between the airlines of the other party and other airlines on services to, 

from and via such third country.4

5. The code-sharing services for which Asiana seeks authorization are in the public 

interest. The grant of authority requested in this Application will expand travel opportunities for 

U.S. and foreign passengers, as well as allow the Applicant to use its capacity more efficiently, 

while promoting competition and service options for consumers. As the Department has long 

recognized, “[i]ncreased international code sharing and other cooperative arrangements can 

benefit consumers by increasing international service options and enhancing competition 

between carriers, particularly for traffic to or from cities behind major gateways.”5

 6. The Applicant will conduct its code-sharing services in compliance with the 

requirements in Part 257 regarding the disclosure of code-sharing arrangements, as well as the 

other conditions and limitations the Department normally attaches to code-share operations. 

 7. Under the Department’s Notice in the Matter of Blanket Notification of 

Codeshare Service to Open-Skies Partners and Points, dated February 9, 2009, Asiana hereby 

 

4

 U.S.-Korea Air Transport Agreement, Art. 8, § 7 (June 9, 1998); U.S.-United Arab Emirates 

Air Transport Agreement, Art. 8, § 7 (Mar. 11, 2002). 

5

 Statement of United States International Air Transportation Policy, 60 Fed. Reg. 21841 (May 3, 

1995). 
Asiana Airlines 

Docket OST 2014-_____ 

Application for a Statement of Authorization 

Page 4 

provides blanket notification of its intent to engage in code-sharing services to open skies points. 

The Applicant will notify the Department no later than 30 days before beginning any new codeshare service to non-open skies points, identifying the markets to be served and the date the 

service will begin. 

WHEREFORE, Asiana respectively requests that the Department issue the blanket 

Statement of Authorization described herein for an indefinite period, and grant Asiana such other 

and different relief as is consistent with this Application and with the public interest. The 

Applicant further requests the Department grant the requested Statement of Authorization on an 

expedited basis, waiving the 45-day filing requirement in Part 212. 

Respectfully submitted, 

____________________________ 

Brian D. Smith 

Covington & Burling LLP 

850 Tenth Street, N.W. 

Washington, D.C. 20001 

202-662-5090 

bdsmith@cov.com 

Counsel to Asiana Airlines, Inc. 

December 18, 2014
CERTIFICATE OF SERVICE

I certify that I caused one copy of the foregoing Application of Asiana Airlines, Inc. 

for a Blanked Statement of Authorization to be served via electronic mail on December 18, 2014, 

upon the following individuals: 

American Airlines 

robert.wirick@aa.com 

howard.kass@aa.com 

FedEx 

sharon.pasley@fedex.com 

sllunsford@fedex.com 

United Airlines 

dan.weiss@united.com 

gmurphy@crowell.com 

Delta Airlines 

sascha.vanderbellen@delta.com 

chris.walker@delta.com 

Polar Air Cargo 

kevin.montgomery@polaraircargo.com 

peter.beckett@polaraircargo.com 

United Parcel Service 

anita.mosner@hklaw.com 

jennifer.nowak@hklaw.com 

Hawaiian Airlines 

jhill@cooley.com 

perkmann@cooley.com 

JetBlue 

jhill@cooley.com 

perkmann@cooley.com 

Spirit Airlines 

jyoung@yklaw.com 

dkirstein@yklaw.com 

Alaska Airlines 

marshall.sinick@squirepb.com 

charles.donley@squirepb.com 
Allegiant 

agoerlich@ggh-airlaw.com 

jmaddux@ggh-airlaw.com 

Sun Country 

thomas.ting@suncountry.com 

Amerijet 

joan.canny@amerijet.com 

Kalitta Air 

matwood@cozen.com 

Atlas Air 

 rpommer@atlasair.com 

Etihad Airways 

anita.mosner@hklaw.com 

jennifer.nowak@hklaw.com 

Federal Aviation Administration 

john.s.duncan@faa.gov 

Department of Transportation 

robert.finamore@dot.gov 

brett.kruger@dot.gov 

Department of State 

 cristinasa@state.gov 

AirlineInfo 

info@airlineinfo.com 

 _____________________ 

 Brian D. Smith