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 a pplic ation 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 statement s of authorization in order to engage in the following

code

- share services:

(A) Hawaiian request s 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 request s 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 wit h 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 , 20 1 1

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

### A PPENDIX 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 continu e 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 no tify 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 mar ket 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 u nder 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

expre ssly 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 carrie r 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 operat ing 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 a uthority 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 limited

entry route rights that are included in the authority of Hawaiian by virtue of the blanket statement s of authorization granted here, but that are not then being used by Hawaiian , the holding of such auth ority 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 hear ing 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 paragrap h (b) above can be used for this notification.

### APPENDIX B

CODESHARING POINTS