BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Transcription

1 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Joint Application of EVA AIRWAYS CORPORATION and TACA INTERNATIONAL AIRLINES, S.A. for blanket statements of authorization under 14 C.F.R. part 212 (third-country codesharing Docket DOT-OST JOINT APPLICATION FOR BLANKET STATEMENTS OF AUTHORIZATION Malcolm L. Benge Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, NW, Suite 700 Tel: ( Fax: ( Counsel for EVA Airways Corporation David M. Endersbee Jonathon H. Foglia Barbara M. Marrin Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, NW, Suite 700 Tel: ( Fax: ( Counsel for TACA International Airlines, S.A. June 21, 2016 NOTE: Any person may support or oppose this joint application by filing an answer and serving a copy of that answer on counsel for the joint applicants and upon each person served with the joint application. Answers to this joint application are due by June 30, 2016.

2 Joint Application of EVA AIRWAYS CORPORATION and BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. TACA INTERNATIONAL AIRLINES, S.A. for blanket statements of authorization under 14 C.F.R. part 212 (third-country codesharing Docket DOT-OST JOINT APPLICATION FOR BLANKET STATEMENTS OF AUTHORIZATION EVA Airways Corporation ("EVA" and TACA International Airlines, S.A. ("T ACA" hereby jointly apply for blanket statements of authorization under 14 C.F.R. part 212 to engage in reciprocal codeshare services to the full extent pennitted under the open skies air transport agreements between the United States, on the one hand, and Taiwan and El Salvador, respectively, on the other hand, as more fully described herein. The Joint Applicants respectfully request expedited treatment of this Joint Application and a waiver of the 45-day advance filing requirement in 14 C.F.R O(d(2. The Joint Applicants further ask that the requested blanket statements of authorization be effective for an indefinite period, consistent with Department precedent. In support of this Joint Application, the Joint Applicants state as follows: 1. Further to a codeshare agreement entered into by the Joint Applicants, the Joint Applicants have agreed to engage in reciprocal codeshare operations involving the transport of codeshare traffic between points in Taiwan, on the one hand, and points in El Salvador, on the other hand, via U.S. connecting points. Pursuant to these arrangements, EVA will display the

3 Joint Application for Blanket Statements of Authorization Docket DOT-OST June 21, 2016; Page 2 "AV*" designator code of Aerovias del Continente Americano S.A. Avianca ("Avianca" 1 on flights between U.S. points and points in Taiwan, and T ACA will display the "BR *" designator code ofeva on flights between U.S. points and points in El Salvador. The Joint Applicants intend to initiate these codeshare operations on or about August 1, 2016, upon receipt of all necessary governmental approvals. The initial U.S. segments are listed on Appendix A attached hereto. 2. EVA requests a blanket statement of authorization under 14 C.F.R to display the "A V*" designator code on flights operated by EVA in conjunction with foreign air transportation of persons, property and mail between any point or points behind Taiwan, via any point or points in Taiwan and any intermediate point or points, to any point or points in the United States and beyond. 3. TACA requests a blanket statement of authorization under 14 C.F.R to display the "BR *" designator code on flights operated by T ACA in conjunction with foreign air transportation of persons, property and mail between any point or points behind El Salvador, via any point or points in El Salvador and any intermediate point or points, to any point or points in the United States and beyond. 4. Under the codeshare arrangement described herein, the Joint Applicants will carry traffic moving between points in Taiwan and El Salvador only; the codeshare services will not be available to passengers originating at or destined for points in the United States. T ACA holds (i an exemption permitting it to register its use of the trade name "A vianca" and use the designator code "A V" for it services in foreign air transportation to and from the United States and (ii a blanket statement of authorization permitting it to display the "A V" designator code for its services in foreign air transportation to and from the United States. See Notice of Action Taken, Docket OST (Feb. 12, 2014 (timely renewal pending. Consistent with this authority, the T ACA-operated flights which are the subject of this Joint Application are held out under the Avianca trade name and display the "A V*" designator code.

4 Joint Application for Blanket Statements of Authorization Docket DOT-OST June 21, 2016; Page 3 5. The Joint Applicants hold the necessary underlying economic authority to engage in the codeshare operations for which approval is sought herein. EVA holds a foreign air carrier permit authorizing it to engage in scheduled foreign air transportation of persons, property and mail from points behind Taiwan, via Taiwan and intermediate points, to a point or points in the United States, and beyond. See Order T ACA holds exemption authority authorizing it to engage in scheduled foreign air transportation of persons, property and mail from points behind El Salvador, via El Salvador and intermediate points, to any point or points in the United States, and beyond. See Notice of Action Taken in Docket OST (Oct. 23, 1997 (timely renewal pending. 6. The codeshare operations for which approval is sought herein are in the public interest and are fully consistent with the air transport agreements between the United States and the Joint Applicants' respective homelands. Article 8.7 ofboth the U.S.-El Salvador Air Transport Agreement and the Air Transport Agreement between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office provides for third-country carrier codeshare operations such as those which the Joint Applicants plan to implement. The proposed codeshare operations will provide new consumer benefits, enhanced competition and important new online service between Taiwan and El Salvador. Grant of this application also is consistent with the U.S. -Colombia air transport agreement (and, therefore, the public interest inasmuch as it promotes the use of the common "A vianca" trade name and "A V" code, which the Department first approved in A grant of the requested authorizations is consistent with Department precedent granting statements of authorization for codeshare operations between foreign carriers on flights operated to and from the United States and beyond. See, e.g., Department Action on Application

5 Joint Application for Blanket Statements of Authorization Docket DOT-OST June 21, 2016; Page 4 in Docket OST (Czech Airlines j.s.c. and Korean Air Lines Co., Ltd. codesharing (Mar. 13, 2013; Department Action on Application in Docket OST (Air New Zealand Limited and Virgin Atlantic Airways Limited code-sharing (Feb. 15, The Joint Applicants will conduct their codeshare operations in compliance with Part 257 of the Department's economic regulations and will accept the Department's standard conditions imposed on codeshare arrangements such as those described herein. 9. Consistent with Department precedent in similar requests, the Joint Applicants hereby provide notice of their intent to engage in codeshare services to open skies points. The Joint Applicants will notify the Department no later than 30 days before commencing any codeshare services to non-open skies points. See Department Action on Application in Docket OST (Mar. 22, 2013, at n.3 (notice oflan Peru S.A. and Japan Airlines Co., Ltd. of intent to engage in codeshare services to open skies points.

6 Joint Application for Blanket Statements of Authorization Docket DOT-OST June 21, 2016; Page 5 WHEREFORE, for the foregoing reasons, the Joint Applicants respectfully request that the Department grant the requested blanket statements of authorization, waiver, and such other or additional relief as the Department considers consistent with the Joint Application and the public interest. Respectfully submitted, t'1cfaoiw, fh, f1- Maicolm L. Benge Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, NW, Suite 700 Tel: ( Fax: ( mlbenge@zsrlaw.com Counsel for EVA Airways Corporation I ee Jonathon H. Foglia Barbara M. Marrin Zuckert, Scoutt & Rasenberger, L.L.P. 888 Seventeenth Street, NW, Suite 700 Tel: ( Fax: ( dmendersbee@zsrlaw.com jhfoglia@zsrlaw.com bmmarrin@zsrlaw.com Counsel fort ACA International Airlines, S.A. June 21, 2016

7 Appendix A Display of the "A V*" Designator Code on flights operated by EVA: Los Angeles, CA - Taipei, Taiwan San Francisco, CA -Taipei, Taiwan New York, N.Y.- Taipei, Taiwan Display of the "BR*" Designator Code on flights operated by TACA: Los Angeles, CA- San Salvador, El Salvador San Francisco, CA - San Salvador, El Salvador New York, N.Y.- San Salvador, El Salvador

8 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Joint Application was served this 21st day of June 2016, via transmission on the following persons: Gerald F. Murphy Steven J. Seiden Counsel for United Airlines Crowell & Moring LLP 1001 Pennsylvania A venue, NW Washington, D.C gmurphy@crowell.com sseiden@crowell.com Dan Weiss Managing Director - International & Regulatory Affairs United Airlines 77 West Wacker Drive-HDQIZ Chicago, IL dan. weiss@united.com Stephen J. Morrissey Managing Director, Regulatory and Policy United Airlines, Inc New York Avenue, NW- DCAIZ Suite 1100 Washington, DC steve.morrissey@uni ted. com gmurphy@crowell.com sseiden@crowell.com Anita Mosner Jennifer Nowak Counsel for United Parcel Service Holland & Knight th Street, NW Suite 1100 anita.mosner@hklaw.com jennifer.nowak@hklaw.com dsmalls@ups.com Chris Walker Alex Krulic Delta Air Lines 1212 New York Avenue, NW Suite 200 Washington, D.C Chris. walker@delta.com alex.krulic@delta.com Robert Wirick Abigail Donovan American Airlines, Inc Seventeenth Street, NW Suite 600 Washington, D.C robert.wirick@aa.com abigail.donovan@aa.com John L. Richardson Joan Canny Counsel for Amerijet International John L. Richardson, P.L.L.C th Street, NW Suite 420 West Washington, D.C jrichardson@johnlrichardson.com jcanny@amerijet.com G. Bailey Leopard Sandra Lunsford Sharon Pasley Legal and Regulatory Affairs Federal Express Corporation 3620 Hacks Cross Road Building B, 3rd Floor Memphis, TN sllunsford@fedex.com gbleopard@fedex.com aharon. pasley@fedex.com

9 Rod Ennis Director, Safety, Security & Regulatory Compliance Air Transport International LLC 6012 Campus Circle W Suite 240 Irving, TX rod. ennis@airtransport. cc JohnS. Duncan Director Flight Standards Service Federal Aviation Administration 800 Independence A venue, SW Room 821 Washington, D.C john.s.duncan@faa.gov Aaron Goerlich Counsel for Allegiant Air, Southern Air and Florida West International Airways Garofalo Goerlich Hainbach PC 1200 New Hampshire Avenue NW Suite 800 Washington, D.C agoerlich@ggh-airlaw. corn Robert P. Silverberg Jeffrey Johnson Counsel for ABX Air Silverberg, Goldman & Bikoff, L.L.P th Street, NW Suite 120 Washington, D.C rsilverberg@sgbdc.corn jjohnson@sgbdc.com David Heffernan Counsel for Alaska Airlines and Horizon Air Cozen 0' Connor th Street, NW Washington, D.C dheffernan@cozen.com Jeremy Ross Senior Attorney Alaska Airlines Horizon Air International Blvd. Seattle, W A jererny.ross@alaskaair.corn Russell E. Pommer Associate General Counsel & Sr. Director, Regulatory Affairs Atlas Air, Inc th Street, NW Suite 410 rpornrner@atlasair. corn Mark W. Atwood Counsel for Kalitta Air Cozen 0' Connor th Street, NW Washington, D.C rnatwood@cozen.corn slachter@cozen.corn Pierre Murphy Counsel for Xtra Airways and Songbird Airways 1200 New Hampshire Avenue, N.W. Suite 590 Washington, D.C prnurphy@loprnurphy.corn J. Parker Erkmann Counsel for Hawaiian Airlines Cooley LLP 1299 Pennsylvania A venue, NW Suite 700 Washington, D.C perkmann@cooley.corn

10 Mathew Friebe Senior Director of Schedule Development MN Airlines, LLC dba Sun Country Airlines 1300 Mendota Heights Road Mendota Heights, MN Larry Chestler MN Airlines, LLC dba Sun Country Airlines 1300 Mendota Heights Road Mendota Heights, MN Joanne W. Young David Kirstein Counsel for Spirit Airlines Kirstein & Young PLLC 1001 Pennsylvania Ave., NW Suite 600 South Washington, D.C John R. Mietus, Jr. Counsel for Centurion Air Cargo, Sky Lease Cargo Caribbean Sun d/b/a/ World Atlantic Airlines Law Office of John Mietus, LLC 6701 Democracy Boulevard Suite 300 Bethesda, MD Kevin Montgomery Peter Beckett Polar Air Cargo, Inc th Street, NW Suite 410 Evelyn Sahr Drew Derco Counsel for J etblue Eckert Seamans Cherin & Mellott, LLC Pennsylvania A venue, NW, 12th Floor esahr@eckertseamans.com dderco@eckertseamans.com robert.land@jetblue.com Robert E. Cohn Counsel for Frontier Airlines, Inc. Hogan Lovells US LLP th Street, NW Washington, D.C robert.cohn@hoganlovells.com