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.1UNITED 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. tunder 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" 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

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.



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' 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. 12/2007CERTIFICATE 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" a day 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:

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