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Before the Department of Transportation Washington, D.C

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Before the Department of Transportation Washington, D.C BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) Japan TransOcean Air Co., Ltd. ) ) Docket DOT-OST-2019-0113 for an exemption from 49 U.S.C. § 41301 ) and statement of authorization (codesharing ) with Hawaiian Airlines, Inc.) ) ) APPLICATION OF JAPAN TRANSOCEAN AIR CO., LTD. FOR RENEWAL OF EXEMPTION Communications with respect to this document should be sent to: Carol Gosain Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C. 20036 Phone: (202) 429-6461 Fax: (202) 261-0614 [email protected] Attorney for Japan TransOcean Air Co., Ltd. August 25, 2021 NOTICE: Answers supporting or opposing this application are due on September 9, 2021. BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) Japan TransOcean Air Co., Ltd. ) ) Docket DOT-OST-2019-0113 for an exemption from 49 U.S.C. § 41301 ) and statement of authorization (codesharing ) with Hawaiian Airlines, Inc.) ) ) APPLICATION OF JAPAN TRANSOCEAN AIR CO., LTD. FOR RENEWAL OF EXEMPTION Pursuant to Section 40109(c) of Title 49 of the U.S. Code, Japan TransOcean Air Co., Ltd. (“JTA”) hereby applies to the Department of Transportation for renewal of its exemption from Section 41301 of the same title, enabling it to engage in codeshare operations with Hawaiian Airlines, Inc. (“Hawaiian”) under which JTA displays the HA* designator code of Hawaiian on JTA-operated flights within Japan as part of Hawaiian service to/from the United States.1 The codeshare operations are performed pursuant to a codeshare agreement between JTA’s parent company, Japan Airlines Co., Ltd. (“JAL”) and Hawaiian (the “JAL-Hawaiian Codeshare Agreement”), which is on file with the Department in Docket DOT-OST-2018-0009.2 1 JTA’s exemption authority was granted by Notice of Action Taken in the above- captioned docket on September 25, 2019 with a two-year duration. 2 JAL and Hawaiian have blanket statements of authorization (and related Hawaiian exemption authority) for their codeshare arrangements. See Notice of Action Taken, Docket DOT-OST-2018-0009 (Feb. 8, 2018); see also Notice of Action Taken, Docket DOT-OST-2018- 0009 (Mar. 19. 2018) (amending statement of authorization to allow JAL to display the HA* designator code of Hawaiian not only on flights operated by JAL, as initially authorized, but also on JAL flights using aircraft wet leased from its subsidiary, J-Air Co., Ltd.). - 1 - JTA is an “Authorized Affiliate” of JAL under the JAL-Hawaiian Codeshare Agreement; thus, the codeshare operations that are the subject of this application are covered by that agreement. JTA requests renewal of the exemption for a period of at least two years. JTA’s existing exemption authority expires on September 25, 2021. JTA invokes the provisions of 5 U.S.C. § 558(c), as implemented by Part 377 of the Department’s regulations, to continue in effect the existing exemption pending final action on this renewal application. In support of this application for renewal of its exemption, JTA states as follows: 1. JTA is a company organized and existing under the laws of Japan. JTA is a Japanese regional airline that operates scheduled air transportation services wholly within Japan. It commenced operations in 1967 under the name Southwest Air Lines Co., Ltd.3 JTA does not conduct any operations to/from the United States under its exemption authority; rather, as noted at the outset, it seeks renewal of its exemption authority necessary to place the HA* code on its scheduled flights within Japan. JTA will also continue to display its own code on such flights. Hawaiian does not hold out or sell seats to local traffic on the JTA-operated flights. 2. JTA’s exemption authority was granted by Notice of Action Taken issued on September 25, 2019 in Docket DOT-OST-2019-0113. In that same Notice, the Department also issued a statement of authorization permitting JTA to engage in the codeshare operations with Hawaiian. The statement of authorization has an indefinite duration and thus does not need to be renewed. 3. JTA remains fit, willing and able to provide the services embraced by its exemption authority and this renewal application. The authority sought to be renewed herein is fully consistent with the 2010 Japan-United States Memorandum of Understanding (“2010 3 Its name was changed to JTA in 1993. - 2 - MOU”), which establishes a liberal open skies relationship between the United States and Japan. Specifically, Part VII of the 2010 MOU authorizes codeshare operations such as those covered by JTA’s existing exemption and this renewal application. Further, the authority sought to be renewed expands travel opportunities between the U.S. and Japan. Accordingly, renewal of JTA’s exemption authority is in the public interest. WHEREFORE, Japan TransOcean Air Co., Ltd. respectfully requests that the Department of Transportation renew, for a period of at least two years, its exemption authority. Respectfully submitted, Carol Gosain Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 Phone: (202) 429-6461 Fax: (202) 261-0614 [email protected] Attorney for Japan TransOcean Air Co., Ltd. Dated: August 25, 2021 - 3 - CERTIFICATE OF SERVICE I hereby certify that on this 25th day of August, 2021, the foregoing JTA request for renewal of its exemption authority was served by email upon the following persons: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] ______________________________ Carol Gosain .
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