BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of QATAR AIRWAYS QCSC for a Statement of Authorization ursuant to 14 C.F.R. Part 212 Docket OST-2016- --- APPLICATION OF QATAR AIRWAYS QCSC FOR A STATEMENT OF AUTHORIZATION Communications concerning this document may be served upon: Anita M. Mosner Jennifer M. Nowak Holland & Knight LLP 800 17rH Street, NW Suite 1100 Washington, DC 20006 Tel: (202) 419-2604 Fax: (202) 955-5564 anita. mosner@hklaw.com Counsel for Qatar Airways QCSC July 5, 2016 Notice: ANY PERSON MAY FILE AN ANSWER TO THIS APPLICATION. THE APPLICANT IS REQUESTING EXPEDITED RELIEF FROM THE DEPARTMENT AND WILL POLL ALL INTERESTED PARTIES.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of QATAR AIRWAYS QCSC for a Statement of Authorization ursuant to 14 C.F.R. Part 212 Docket OST-2016- --- APPLICATION OF QATAR AIRWAYS QCSC FOR A STATEMENT OF AUTHORIZATION Qatar Airways QCSC ("Qatar Airways") hereby applies for a Statement of Authorization pursuant to 14 C.F.R. Part 212 to enable Qatar Airways to display the SriLankan Airlines' ("SriLankan") "UL*" code on flights Qatar Airways operates between Doha, Qatar and points in the United States. Initially, SriLankan will code share on Qatar Airways' service between Doha, Qatar and Miami, Florida, Los Angeles California, and New York, New York. Qatar Airways requests that the Statement of Authorization be granted for an indefinite period. Qatar Airways and SriLankan intend to implement the proposed codesharing services as soon as all required governmental approvals are in place and Qatar Airways therefore requests expedited approval of this application. In support of its application, Qatar Airways states the following: 1. Both carriers hold the underlying authority to provide the requested services. Qatar Airways is a Qatari carrier and holds a foreign air carrier permit authorizing it to provide foreign scheduled and charter air transportation of persons, property, and mail from points behind Qatar, via Qatar and intermediate points, to a point or points in the United States and beyond. 1 1 Order 2008-9-12 (July 9, 2008).
Qatar Airways Application for Statement of Authorization 2. SriLankan, a Sri Lanka-based carrier, holds an exemption from 49 U.S.C. 41301 to engage in scheduled foreign air transportation of persons, property, and mail from points behind Sri Lanka, via Sri Lanka and intermediate points, to a point or points in the United States and beyond, pursuant to a code-share arrangement with any duly authorized and properly supervised U.S. or foreign air carrier. 2 3. Initially, Qatar Airways will display the UL* designator code on flights operated by Qatar Airways on its Doha (DOH)- Miami (MIA), DOH- Los Angeles (LAX), and DOH- New York (JFK) flights for the purpose of transporting SriLankan's Sri Lanka - Miami, Los Angeles, and New York traffic, but is requesting authority to cover any US- Qatar service operated by Qatar Airways now or in the future so that it will not need to amend this authority in the event that the parties agree to extend this arrangement to cover other US points served by Qatar Airways. Qatar Airways requests that the Statement of Authorization be granted for an indefinite period, as long as the relevant codeshare agreement continues in effect, and will notify the Department if the codesharing agreement should cease to be effective. 4. The proposed codeshare authorization requested herein is consistent with the 2001 Open Skies Agreement between the U.S. and Qatar and the 2002 Open Skies Agreement between the U.S. and Sri Lanka, both of which grant broad authority for carriers of the parties to enter into cooperative marketing arrangements such as codes haring with third country carriers. 3 5. The codesharing proposed herein is also fully consistent with the public interest. The codeshare arrangement will allow SriLankan to expand its online network, promoting competition and enhancing service options for travelers. The requested 2 Notice of Action Taken, Docket DOT-OST-2004-18920 (Feb. 18, 2016). 3 U.S.-Qatar Open Skies Agreement, Art. 8,-i 7 (Oct. 3, 2001); U.S.-Sri Lankan Open Skies Agreement, Art. 8,-i 7 (June 11, 2002). 2
Qatar Airways Application for Statement of Authorization approval is also consistent with the Department's grant of codesharing authority to other foreign carriers whose homeland governments have Open Skies relationships with the U.S. As the Department has noted: Increased international codesharing and other cooperative arrangements can benefit consumers by increasing international service options and enhancing competition between carriers, particularly for traffic to or from cities behind major gateways. By stimulating traffic, the increased competition and service options should expand the overall international market and increase overall opportunities for the aviation industry. 4 6. Qatar Airways agrees to abide by the consumer notification requirements of 14 C.F.R. Part 257, as well as the other conditions and limitations the Department normally attaches to codeshare operations. 7. Qatar Airways and SriLankan plan to begin codesharing over these routings as soon as authorization is granted and, therefore, Qatar Airways requests a waiver of the 45-day advance filing requirement contained in 14 C.F.R. 212.10(d)(2). WHEREFORE, Qatar Airways respectfully requests that the Department grant the Statement of Authorization described above on an expedited basis, and grant such other and different relief as is consistent with this application and with the public interest. 1 M. Mosner Jennifer M. Nowak Holland & Knight LLP Attorneys for Qatar Airways QCSC 4 Statement of United States International Air Transportation Policy, 60 Fed. Reg. 21841 (May 3, 1995). 3
CERTIFICATE OF SERVICE I hereby certify that I have this date served the foregoing document on the persons identified below by causing a copy to be sent by electronic mail. robert.wirick@aa.com howard. kass@aa.com abigail. donovan@aa.com dan. weiss@united.com steve.morrissey@united.com chris. walker@delta.com alex.krulic@delta.com rpommer@atlasair.com perkmann@cooley.com (Counsel for Hawaiian Airlines) dsmalls@ups.com anita.mosner@hklaw.com (Counsel for United Parcel Service) jennifer.nowak@hklaw.com (Counsel for United Parcel Service) tristan.atwood@hklaw.com (Counsel for United Parcel Service) gbleopard@fedex.com nssparks@fedex.com cefelts@fedex.com brian.hedberg@dot.gov ben.taylor@dot.gov robert. finamore@dot.gov john.s.duncan@faa.gov cristinasa@state.gov July 5, 2016