U.S. Department of

Transportation

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2011-0191

(Filed October 12, 2011)

Joint application of Hawaiian Airlines, Inc. (Hawaiian), All Nippon Airways Co., Ltd. 

(ANA) and its subsidiaries Air Japan Co., Ltd. (Air Japan) and Air Nippon Co., Ltd. 

(Air Nippon) for statements of authorization in order to engage in the following 

code-share services:

(A) Hawaiian requests a blanket statement of authorization to display ANA’s “NH” designator 

code on flights operated by Hawaiian between any points within the United States, in 

conjunction with services held out by ANA and its subsidiaries between Japan and the United 

States.

(B) ANA requests a blanket statement of authorization to display Hawaiian’s “HA” designator 

code on ANA flights (1) between any points in Japan, in conjunction with services held out by 

Hawaiian between Japan and the United States; and (2) between points in Japan and points in 

the United States, either nonstop or via third country intermediate points.

(C) Air Japan and Air Nippon request blanket statements of authorization to display 

Hawaiian’s “HA” designator code on any flights operated by Air Japan or Air Nippon on a wet 

lease basis for ANA pursuant to ANA’s code-share agreement with Hawaiian.

The Joint Applicants also request a waiver of the 45-day advance filing requirement under 14 

CFR Part 212.

 * Approved under assigned authority (14 CFR §385.13).

 Date of Action: October 25, 2011

This action is subject to the conditions attached. Persons entitled to petition the Department for review of this action 

under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven days of the date of this 

action. This action is effective immediately, and the filing of a petition for review will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov
APPENDIX A

The code-share operations authorized here are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) Hawaiian, ANA, Air Japan, 

and Air Nippon continue to hold the necessary underlying authority to operate the code-share services at 

issue, and (ii) the code-share agreement providing for the code-share operations remains in effect.

(b) Hawaiian, ANA, Air Japan, and/or Air Nippon, as appropriate, must notify the Department no later 

than 30 days before they begin any new code-share service under the code-share services authorized here. 

Such notice shall identify the market(s) to be served, which carrier will be operating the aircraft in the 

code-share market added, and the date on which the service will begin. Such notice should be filed in 

Docket DOT-OST-2011-0191.

1

(c) Hawaiian, ANA, Air Japan, and/or Air Nippon, as appropriate, must promptly notify the Department 

if the code-share agreement providing for the code-share operations is no longer effective or if the 

carriers decide to cease operating all or a portion of the approved code-share services. Such notice 

should be filed in Docket DOT-OST-2011-0191.2

(d) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with 

any amendments to the Department’s regulations concerning code-share arrangements that may be 

adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is 

expressly conditioned upon the requirements that the subject foreign air transportation be sold in the 

name of the carrier holding out such service in the computer reservation systems and elsewhere; that the 

carrier selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for the 

entirety of the code-share journey for all obligations established in its contract of carriage with the 

passenger; that the passenger liability of the operating carrier be unaffected; and that the operating carrier 

shall not permit the code of its U.S. code-sharing partner to be carried on any flight that enters, departs, 

or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a 

flight prohibition.

(e) The authority to operate to third countries is subject to the condition that any service provided under 

the statement of authorization shall be consistent with all applicable agreements between the United 

States and the foreign countries involved. Furthermore, (i) nothing in the award of this blanket statement 

of authorization should be construed as conferring upon Hawaiian rights (including code-share, fifth 

freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless 

Hawaiian notifies the Department of its intent to serve such a market and unless and until the Department 

has completed any necessary carrier selection procedures to determine which carrier(s) should be 

authorized to exercise such rights; and (ii) should there be a request by any carrier to use the limitedentry route rights that are included in the authority of Hawaiian by virtue of the blanket statements of 

authorization granted here, but that are not then being used by Hawaiian, the holding of such authority 

will not be considered as providing any preference for Hawaiian in a competitive carrier selection 

proceeding to determine which carrier(s) should be entitled to use the authority at issue.3

(f) The authority granted here is specifically conditioned so that neither Hawaiian, ANA, Air Japan, nor 

Air Nippon shall give any force or effect to any contractual provisions between themselves that are 

contrary to these conditions.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

 1 See Appendix B for list of initial code-share points. 2 We expect this notification to be received within ten (10) days after such non-effectiveness or of such decision. 3 The notice in paragraph (b) above can be used for this notification. 
APPENDIX B

CODESHARING POINTS