BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Joint Application of ) ) AIR NEW ZEALAND LIMITED ) ) and ) Docket DOT-OST-2013- oo8o ) TURKISH AIRLINES ) (TURK HA VA YOLLARI, A.O.) ) ) for blanket statements ofauthorization under 14 ) CFR Part 212 (reciprocal codesharing) )



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JOINT APPLICATION OF AIR NEW ZEALAND LIMITED AND TURKISH AIRLINES FOR BLANKET STATEMENTS OF AUTHORIZATION Communications with respect to this document shouldbe addressed to:

Charles J. Simpson, Jr. David M. Endersbee ZUCKERT, SCOUTT & RASENBERGER, L.L.P. 888 Seventeenth Street, N.W., Suite 700 Washington, D.C. 20006 Phone: (202) 973-7926 Fax: (202) 342-0683 Email: cjsimpson@zsrlaw.com Email: dmendersbee@zsrlaw.com Counsel for Turkish Airlines April16, 2013 Josh Romanow PILLSBURY WINTHROP SHAW PITTMAN L.L.P. 2300 N Street, N.W. Washington, D.C. 20037 Phone: (202) 663-9264 Fax: (202) 663-8007 Email: romanow@pillsburylaw.com

Counsel for AirNew Zealand Limited

NOTICE: The Joint Applicants request expedited treatment and will poll the U.S. carrier representatives shown on the attached Service List and inform the Department of the polling results.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Joint Application of ) ) AIR NEW ZEALAND LIMITED ) ) and ) Docket DOT-OST-2013- ) TURKISH AIRLINES ) (TURK HA VAYOLLARI, A.O.) ) ) for blanket statements ofauthorization under 14 ) CFR Part 212 (reciprocal codesharing) )



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JOINT APPLICATION OF AIR NEW ZEALAND LIMITED AND TURKISH AIRLINES FOR BLANKET STATEMENTS OFAUTHORIZATION AirNew Zealand Limited ("Air New Zealand") and Turkish Airlines (Turk Hava Yollari, A.O.) ("THY") (collectively, the "Joint Applicants") herebyjointlyapply for statements of authorizationpursuant to Part 212 ofthe Department's Regulations, 14 C.F.R. Part 212, to enable them to engage in reciprocal blanket codesharing to the full extent permitted under the open skies agreements between the U.S., on the one hand, andNew Zealand and Turkey, on the otherhand, as more fully describedbelow. The Joint Applicants intend to implement codeshare services on or about May 1, 2013. Accordingly, the Joint Applicants request expedited action on this application and a waiver ofthe 45-day advance filing requirement in 14 C.F.R. § 212.10(d)(2). They also ask that the statements ofauthorization be effective for an indefinite period.In support ofthis application, the Joint Applicants hereby state as follows: 1. THY requests a blanket statement ofauthorization under 14 C.F.R. § 212.9 to display the "NZ" designator code ofAirNew Zealand on flights operatedbyTHY in conjunction with foreign air transportation ofpersons, property and mail between any point or points behind Turkey, via any point orpoints in Turkey and any intermediate point orpoints, to anypoint orpoints inthe United States andbeyond. 2. AirNew Zealand requests a blanket statement ofauthorization under 14 C.F.R. § 212.9 to display the "TK" designator code ofTHY on flights operatedbyAirNew Zealand in conjunction with foreign air transportation ofpersons, property and mail between anypoint or points behindNew Zealand, via anypoint orpoints in New Zealand and any intermediate point
orpoints, to anypoint or points in the United States and beyond. 3. The Joint Applicants hold the necessary underlying economic authority to engage in the codeshare operations for which authority is requested. THY holds broad exemption authority to engage in scheduled foreign air transportation ofpersons, property and mail from points behind Turkey, via Turkey and intermediate points, to a point orpoints inthe United States and beyond. See Notice ofAction Taken, Docket OST-2005-21183 (March 8, 2012). Air New Zealand holds a foreign air carrier permit issuedpursuant to Order 2001-1-4, Docket OST1998-3864, authorizing it to engage in scheduled foreign air transportation ofpersons, property and mail between anypoint or points behind New Zealand, via New Zealand and any intermediate point orpoints, to anypoint orpoints in the United States and any point orpoints beyond. 4. The blanket codeshare authorizations requested herein are consistent with the authority available to the Joint Applicants under the open skies agreements between their



### -2-respective homelands and the United States. Under Article 8.7(b) ofthe 2000 U.S.-Turkey Air Transport Agreement, designated airlines ofthe parties may engage in cooperative marketing arrangements, including codesharing with airlines ofthird countries. New Zealand is a partyto the APEC Multilateral Agreement onthe Liberalization ofInternational Air Transportation ("MALIAT"), which contains broadroute and codesharing rights. 1 5. A grant ofthe requested authorizations wouldbe inthe public interest, allowing the Joint Applicants to expand their online networks and increase competition and enhance service options for passengers and shippers in the codeshare markets. A grant ofthe requested authorizations is also consistent with Department precedent granting blanket statements of authorization for codesharing bytwo foreign carriers on flights operated to and from the United States andbeyond.**See,~'** Application ofAir Canada, Docket OST-2013-0036 (February 27, 2013) (codesharing with Turkish Airlines); Joint Application ofMalaysia Airlines and Japan Airlines, Docket OST-2012-0076 (May 16, 2012); Joint Application ofAirNew Zealand Limited and Virgin Atlantic Airways Limited, Docket OST-2011-0008 (February 15, 2011). 6. Consistent with the Department's Notice in the Matter ofBlanket Notification of Code-Share Service to Open-Skies Partners and Points, dated February 9, 2009, the Joint Applicants herebyprovide blanket notice oftheir intent to engage in codeshare services to open skies points. The Joint Applicants also agree to notify the Department no later than 30 days

1 The MALIA T was done at Washington May 1, 2001, and entered into force onDecember 21, 2001. The MALIAT, Article 15, suspends the bilateral air transport agreements betweenparties. Article 8(7) ofthe 1997 U.S.-New Zealand Air Transport Agreement would, ifnot suspended, entitle AirNew Zealand to enter into codesharing arrangements with airlines ofthird countries. The Department has recognized previously New Zealand third country codesharing reciprocity: "the New Zealand Government has authorized U.S. carriers to provide service to and from New Zealandby code-sharing with bothNew Zealand flag carriers and third country carriers." Order 97-5-7 at 4 (May 12, 1997).

-3-before commencing any codeshare services to non-open skies points. The segments onwhich the carriers initially plan to codeshare are set forth in Exhibit 1hereto. 7. The Joint Applicants will conduct their codeshare operations in compliance with 14 C.F.R. Part 257 and will accept the Department's standard codeshare conditions. 8. Consistent with the Department's usual practice, the Joint Applicants request that the authorizations have an indefinite duration. 9. Because the Joint Applicants planto implement their proposed codesharing services on or about May 1, 2013, theyrequest expedited action on this Application and are polling the U.S. carriers on the attached Certificate ofService. The Joint Applicants also request a waiver ofthe 45-day advance filing requirement of 14 C.F.R. § 212.10(d)(2), which will enable the Joint Applicants to begin marketing and selling these services as soon as possible. WHEREFORE, for the foregoing reasons, the Joint Applicants respectfully request that the Department grant the requested statements ofauthorization and waiver and such other relief
as the Department may deem appropriate. Respectfully submitted,

s n,JV David M. Endersbee ZUCKERT, SCOUTT & RASENBERGER, L.L.P. 888 Seventeenth Street, N.W., Suite 700 Washington, D.C. 20006 Phone: (202) 973-7926 Fax: (202) 342-0683 Email: cjsimpson@zsrlaw.com Email: dmendersbee@zsrlaw.com Counsel for Turkish Airlines April16, 2013


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# f PILLSBURYWINTHROP SHAW PITTMAN L.L.P. 2300 N Street, N.W. Washington, D.C. 20037 Phone: (202) 663-9264 Fax: (202) 663-8007 Email: romanow@pillsburylaw.com

Counsel for Air New Zealand LimitedOperatedbyTurkish Airlines (TK/NZ*)
Istanbul

- Los Angeles Istanbul- London (LHR) Istanbul

- Ankara Istanbul

- Hong Kong OperatedbyAir New Zealand (NZ/TK*) Los Angeles- London (LHR) Los Angeles -Auckland Auckland- Brisbane Auckland- Hong Kong Auckland- Sydney Auckland- Melbourne Auckland- Wellington Auckland

- Christchurch Auckland- Queenstown Wellington

- Sydney Wellington

- Melbourne Christchurch

- Brisbane Christchurch- Sydney Christchurch- Melbourne Exhibit 1

-5-CERTIFICATE OF SERVICE I hereby certify that onthis 16th day ofApril, 2013, a copy ofthe foregoing application was servedby email upon the following persons: robert.wirick@aa.com dan.weiss@united.com sascha.vanderbellen@delta.com jeff.morgan@delta.com jhill@dowlohnes.com anbird@fedex.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com kevin.montgomery@polaraircargo.com robert.foster@evergreenairlines.com charters@evergreenairlines.com howard.kass@usairways.com benjamin.slocum@usairways.com rpommer@atlasair.com msinick@ssd.com mlbenge@zsrlaw.com jrichardson@johnlrichardson.com rsilverberg@sgbdc.com matwood@cozen.com john.allen@faa.gov urskr@state.gov