UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of ) 

) 

AIR CHINA LIMITED ) 

d/b/a AIR CHINA ) 

) 

for renewal of exemption authority pur ) 

suant to 49 U.S.C. ) 

§ 40109 

) 

Docket DOT- OST-2014-0008 

APPLICATION OF AIR CHINA LIMITED d/b/a AIR CHINA 

FOR RENEWAL OF EXEMPTION AUTHORITY 

Communications with respect to this Application should be sent to: 

George N. Tompkins, Jr., Esq. 

Wilson, Elser, Moskowitz, Edelman & Dicker LLP 

150 East 42" d Street 

New York, New York 10017-5639 

(212) 490-3000 Ext. 5624 (Phone) 

(212) 490-3038 (Fax) 

george.tompkinsjr@wilsonelser.com 

Counsel for AIR CHINA LIMITED 

DATED: February 2, 2015 

Notice: Any person may support or oppose this application by filing an answer on or 

before February 17, 2015. 

6520728v.1 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of ) 

) 

AIR CHINA LIMITED ) 

d/b/a AIR CHINA ) 

) 

for renewal of exemption authority pursuant to 49 U.S.C. ) 

§ 40109 ) 

) 

Docket DOT- OST-2014-0008 

APPLICATION OF AIR CHINA LIMITED d/b/a AIR CHINA 

FOR RENEWAL OF EXEMPTION AUTIIORITY 

1. Pursuant to 49 U.S.C. § 40109, Air China Limited, d/b/a Air China, ("Air 

China") hereby applies for the renewal of Exemption Authority granted in the Notice of 

Action Taken (NOAT) issued on February 10, 2014 by the Department of Transportation in 

Docket DOT-OST-2014-0008, permitting Air China to engage in scheduled foreign air 

transportation of persons, property and mail between Beijing, People's Republic of China on 

the one hand, and Washington, D.C. (IAD), on the other hand. This Exemption Authority 

expires on February 10, 2015. By this Application, Air China respectfully requests that this 

Exemption Authority be renewed for a period of two (2) years to expire on 

February 10, 2017, pursuant to NOAT issued February 10, 2014 in Docket DOT-OST-2014- 

0008. See Exhibit "A" hereto. 

2. Air China relies upon the automatic extension provisions of 5 U.S.C. § 558(c), 

as implemented by 14 C.F.R. Part 377, to continue this Exemption Authority in effect 

pending final Department action on this renewal application. This application is timely filed 

6520728v. t 
under 14 C.F.R. § 377.10(c). 

WHEREFORE, Air China respectfully requests that the Department of 

Transportation renew the Exemption Authority applied for herein for a period of two (2) 

years to February 10, 2017 or until the Department grants Air China's application for 

renewal. Air China further requests that the Department grant such other and further relief 

as the Department finds to be consistent with this application. 

Respectfully submitted, 

~~ 

Georg . Tompkins, Jr. ~ 

Wilson, Elser, Moskowitz, 

Edelman & Dicker LLP. 

150 East 42" dStreet 

New York, New York 10017-5639 

(212) 490-3000 Ext. 5624 (Phone) 

(212) 490-3038 (Fax) 

george.tompkinsjr@wilsonelser.com 

Counsel for 

AIR CHINA LIMITED 

DATED: February 2, 2015 

6520728v.1 
EXHIBIT A 

6520728v.1 
~ 

UN.ITED STATES OF AllIERICA 

(A.2,

~ DEPARTMENT OF TRANSPORTATION 1 ~ OFFICE OF TIiE SECRETARY 

, WASHINGTON, D.C. 

Issued by the Department of Transportation on February 10, 2014 

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-20I4-000$ 

This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter). 

Applicant: AIR CfIINA L1MITED d/b/a A1R Cl` ~'NA (Air Claina) 

Date Piled: January 21, 2014 

Relief requested: Fxemption under 49 USC § 40109 to engage in scheduled foreign air transportation of persons, 

property, and tnail between Beijing, People's Republic of China, on the one hand, and Washington, D,C. (IAD), on the 

other hand. The applicant requests that its authority be granted for a period of not less than two years. 

Applicant representative: Cxeorge N. Tompkins, Jr. 212-490-3000 

DOT analyst: Darren Jaffe, 202-366R2512 

Responsive pleadings: On February 7, 2014, both the Washington Airpoc -ts Task Force and the Metropolitan 

Washington Aitports Authority filed pleadings in support of Air China's application. 

DISPOSITION 

Action: Approved in pat4, remainder (request for longer-term authority) dismissed.' 

Action date: February 10, 2014. 

Effective dates of authority granted: T'ebruary 10, 2014, through February 10, 2015. 

I3asis for approva) (bilateral agreerrtent/reciprocity): The attthority granted is consistent with the Air Transport 

Agreement, as amended, between the United States and the People's Republic of China. 

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

exemption conditions (attached). 

Action taken by: Paul 1.. Gret+ch ;Director, Offsce of International Aviation 

tJnder authority assigned by ttte Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with 

Department policy; (2) the applicant was qualified to perform its proposed operations: (3) grent of the authority was consistent 

with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975, To the extent not granted/deferred/d►smissed, we denied all requests in the referenced 17ockot. We 

inay amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion. 

Fersons entitled to petitYon the Departtnent for review of the action set forth in this Notice under the Department's regulations, 14 

CFR §385.30, may file their petitions wfthin seven (7) days af9;er the date of issuance of this Notice. This action was cffective 

when ta.ken, and the filing of a petition for review will not alter such effeetiveness. 

An electroriic version afthis doetainent rs avallafile on the Wor/d Wfde Weh at. hitp: %,5vhnv, =uTttfio ts, ov 

' The one-year duration of the authority we granted Air China is consistent with our usual policy oi' granting exemption authoj'ity 

in the circumstances presented. 's1Ve therefore, dismissed the application to the extent that it sought authority foj• a longer period, 
Forei n Carrier Exem tion Conditions 

In the eonduct of the operations authorized, the foreign carrier applicant(s) shall: 

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such 

operations, and it has filed a copy of suclt authorization with the bepartment; 

(2) Comply with all applicable requirements of the l:ederal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Govera3ment requirements concerning security, including, but not limited 

to, 14 CFR Parts 129, 91, and 36 and 49 CFR. Part 1546 or 1550, as applicable. To assure compliance with all 

applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service 

(including charter fiights) fcom a foreigil airport that would be the holder's last point of departure for the United States, 

contact its International Industty Representative (IIR) (formerly referred to as lnternational Principal Security 

Inspector) to advise the IXR of its plans and to f nd out whether the Transportation Security Administration has 

determined that security is adequate to allow such airport(s) to be served; 

(3) Comply with the requirements for minimum insurance coverage contained in 14 CPR Part 205, and, prior to the 

coznmencement of any operations under tMs authority, file evidence of such coverage, in the form of a completed OST 

Form 6411, with the Pederal Aviation Administration's Program Management Liranch (APS-260), b'Iight Standards 

Service (any changes to, or termination of, insurance also shall be filed with that office); 

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent 

to Annex 6 of the Chicago Convention; 

(5) Confoim to the airworthiness and airman competency requirements of its Government for international air 

services; 

(6) Except as specil'ically exempted or otherwise provided for in a DeparGment Order, comply with the requirements 

of 14 CFR Part 203, conceming waiver of Warsaw Convention liability limits and defenses; 

(7) Agree that operations under this authority constitute a waivei• of sovereign imnrunity, for the purposes of28 U.S.C. 

1605(a), but only witlt respect to those actions or proceedings instituted against it in any court or other tribunal in the 

Uriited States that are: (a) based on its operations in international air tra.nsportation thafi, according to the contract af 

carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for 

which the contract of carriage was purchased in the United States; or (b) based on a claim under any international 

agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term 

"international air transportation" .means "international transportation" as defined by the Warsaw Convention, except 

that aIl States shall be considered to be High Contraeting Parties for the purpose of this definition; 

(8) Except as specifically authorized by the Departrnent, originate or terminate all flights to/from the United States in 

its homeland; 

(9) Cornply witli the requirements of 14 CP'R Part 217, concerning the reporting of sciteduled, nonscheduled, and 

charter data; 

( l0) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply 

with the Department's rules goveming charters (including 14 Ch'R Parts 212 and 380); and 

(11) Comply with such otlier reasonable terms, conditions, and limitations required by the public interest as may be 

prescribed by the epartment, with all applicable orders or regulations of other U.S. agencies and courts, and with all 

applicable laws ofthe United States. 

This authority shall not be effective during any period when the holder is not in coinpliance with the conditions 

imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Depailtnent approval 

under Title 49 of the U.S. Code. 

12/2007 
CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing Application of Air China 

Limited d/b/a Air China for Renewal of Exemption Authority was served by electronic mail this 

2"aday of February 2015 upon the following: 

Washington Airports Task Force 

Metropolitan Washington Airports Authority 

ABX Air, Inc. 

Airline Info: 

American Airlines/ US Airways: 

Atlas Air, Inc. 

Delta Airlines: 

Federal Express: 

Hawaiian Airlines: 

Kalitta Air 

Polar Air Cargo: 

United Airlines, Inc.: 

Counsel for United Airlines, Inc.: 

Counsel for United Parcel Service: 

Federal Aviation Administration: 

U.S. Department of Transportation: 

Dated: February 2, 2015 

leo a,washin to g nairports.com 

Philip.sunderlandnmwaa.com 

rsilverberg_a,sgbdc.com 

info@airlineinfo.com 

robert. wirick(a) aa. com 

howard .lcas sg aa. com 

rpommer(a)atlasair.com 

sascha.vanderbellen a,delta.com 

chris.walkern,delta.com 

g_bleopardn,fedex.com 

nssparks(a~fedex.com 

; hi ill@cooley.com 

matwooda,cozen.com 

kevin.mont og nlery(aDpolaraircar o. g Loin 

dan.weiss(a)united.com 

steve.morrissey~a),united.com 

lhallowaXgcrowell.com 

anita.mosner(a_hklaw.com 

jennifer.nowak hklaw.com a 

david.e.henthorn(c~faa. gov_ 

rick.ma tield a~,faa.gov 

barbara.hairstongdot. gov 

Robert.finamoren,dot. rgov 

C~ 

R. 

/ 

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Hi ines Luna, Paralegal 

6520728v. ]