BEFORE THE
DEPARTMENT OF TRANSPORTATION
WASHINGTON, DC
______
In the matter of the application of )
)
HAWAIIAN AIRLINES, INC. )
)
Exemption Authority-Honolulu, )
Hawaii to Sidney, Australia ) Docket OST-
______)
APPLICATION OF HAWAIIAN AIRLINES, INC. FOR EXEMPTION
AND STATEMENT OF AUTHORIZATION
Communications with respect to this application should be forwarded to the following:
Joshua Gotbaum Jonathan B. Hill, Esq.
Trustee Dow, Lohnes & Albertson, PLLC
Mark B. Dunkerley 1200 New Hampshire Ave., NW
President & COO Suite 800
David M. Webster, Esq. Washington, DC 20036
General Counsel 202/776-2000
Hawaiian Airlines, Inc.
P.O. Box 30008
Honolulu, HI 96820 Counsel for Hawaiian Airlines, Inc.
January 15, 2004
BEFORE THE
DEPARTMENT OF TRANSPORTATION
WASHINGTON, DC
______
In the matter of the application of )
)
HAWAIIAN AIRLINES, INC. )
)
Exemption Authority-Honolulu, )
Hawaii to Sidney, Australia ) Docket OST-
______)
APPLICATION OF HAWAIIAN AIRLINES, INC. FOR EXEMPTION
AND STATEMENT OF AUTHORIZATION
Hawaiian Airlines, Inc., (hereinafter “Hawaiian”) hereby requests the Department of Transportation (hereinafter “DOT” or the “Department”) pursuant to 49 U.S.C. Sec. 40109 and Subpart C of the Rules of Practice to issue an Order granting it exemption authority and designate Hawaiian to the Australian government to operate combination service between Honolulu, Hawaii on the one hand and Sydney, Australia on the other and points behind the gateway in Australia, for a period of at least two (2) years or longer. In support of the exemption request, Hawaiian states as follows:
1. Hawaiian has its principal headquarters located in Honolulu, Hawaii. Hawaiian is incorporated under the laws of Hawaii.
2. Hawaiian is a citizen of the United States as defined under 49 U.S.C. Sec 401102 (a) (15). At least two-thirds of its primary officers and directors are U. S. citizens and U.S. citizens hold at least 75% of the voting stock in Hawaiian[1].
3. The Department has found Hawaiian fit to provide interstate and foreign transportation of person property and mail. See Orders 97-3-24; 99-4-44; Notice of Action Taken Dkt. OST 95-929 11/10/2003; Notice of Action Taken Dkt. OST 2003-16361 (10/12/03). Hawaiian asks that DOT take official notice of those and other Orders finding Hawaiian ready willing and able to provide scheduled foreign air transportation of persons, property and mail.
4. Hawaiian proposes to operate four (4) frequencies a week using Boeing 767-300 ER aircraft with a fleet average of 260 seats (18 “J” class seats and 242 “Y” class seats). This service will commence on or about May 17, 2004. A proposed schedule is attached as Exhibit A.
5. The exemption request is consistent with the Australian Bilateral Agreement, Memorandum of Understandings and Exchange of Notes between the two countries.
6. The grant of such authority is in the public interest in that it will provide for additional capacity between Australia and the United States, utilize unused bilateral authority and benefit the consumer by providing new service. Hawaiian will open a new market, increase utilization of aircraft and offer its customers additional destinations through its new service.
7. There are no energy or environmental issues associated with this application. Hawaiian’s aircraft meets FAA requirements and short term consumption of fuel will not exceed ten million gallons.
Respectfully submitted,
Jonathan B. Hill
Dow, Lohnes & Albertson, PLLC
1200 New Hampshire Ave., NW #800
Washington, DC 20036
202/776-2000
Counsel for Hawaiian Airlines, Inc.
January 15, 2004
EXHIBIT A
Proposed Schedule
Honolulu, Hawaii to Sydney, Australia and Return
HNL-SYD
Summer
Mo-Wed-Th-Sa 1300/1930+1
Winter
Mo-Wed-Th-Sa 1330/2030+1
SYD-HNL
Summer
Su-Tu-Th-Fr 2130/1055
Winter
Su-Tu-Th-Fr 2000/1025
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Application of Hawaiian Airlines, Inc. for Exemption and Statement of Authorization was served this 15th day of January, 2004 via email transmission to the following persons:
Carl B. Nelson, Jr.
Associate General Counsel
American Airlines, Inc.
Jeffrey A. Manley
United Air Lines, Inc.
Wilmer, Cutler & Pickering
Ben Schlapak
Airport Manager
Department of Airports
Honolulu International Airport
300 Rodgers Blvd.
Honolulu, HI 96819
______
Deborah L. Kunkle
2
[1] Hawaiian Airlines, Inc. filed for protection under the United States Bankruptcy Code on March 21, 2003. Pursuant to the Order of the bankruptcy Judge a Trustee, Joshua Gotbaum, was appointed on July 3, 2003, to run the airline while under the protection of the court. The Trustee, Joshua Gotbaum is a U.S. Citizen.