U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

DEPARTMENT ACTION ON APPLICATION IN DOCKET 

DOT -OST -2015-0036 

(filed February 20, 2015) 

Application of China Airlines, Ltd. (CAL) for a statement of authorization under 14 CFR 

Part 212 to permit CAL to display the (MH*) designator code of Malaysia Airlines (MAS) on 

flights operated by CAL between points in Taiwan and points in the United States, via 

intermediate points and beyond.1 The applicant also requests a waiver of the 45-day advance 

filing requirements under 14 CFR Part 212.10(d)(2).2 

Approved under assigned authority (14 CFR § 385.13). 

Date of Action: March 23, 2015 

This action is subject to the conditions attached. Persons entitled to petition the Department 

for review of this action under the Department's regulations, 14 CFR § 385.30, should file 

their petitions within seven days of the date of this action. This action is effective 

immediately, and the filing of a petition for review will not alter its effectiveness. 

An electronic version of this document is available on the World Wide Web at: 

http:/ I /www.regulations.gov 

1 CAL states that the foreign air transportation of persons, property, and mail on these routes under the MH* code will 

be limited to blind sector traffic connecting to flights from/to Malaysia (i.e., no local traffic will be carried between 

Taiwan and the United States under the MH* code). 2 The Department is acting on the applicants' request prior to the expiration of the 45-day advance filing requirement 

with the consent of all parties served. 
The code-share operations authorized here are subject to the following conditions: 

(a) The statement of authorization will remain in effect only as long as (i) CAL and MAS continue to hold 

the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share 

agreement providing for the code-share operations remains in effect. 

(b) CAL and/or MAS must promptly notify the Department if the code-share agreement providing for the 

code-share operations is no longer effective or the carriers decide to cease operating any or all of the 

approved code-share services.3 Such notice should be filed in Docket DOT-OST-2015-0036. 

(c) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any 

amendments to the Department's regulations concerning code-share arrangements that may be adopted. 

Notwithstanding any provisions in the contract between the carriers, our approval here is expressly 

conditioned upon the requirements that the subject foreign air transportation be sold in the name of the 

carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such 

transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code-share 

journey for all obligations established in its contract of carriage with the passenger; and that the passenger 

liability of the operating carrier be unaffected. 

(d) The authority granted here is specifically conditioned so that neither CAL nor MAS shall give any force or 

effect to any contractual provisions between themselves that are contrary to these conditions. 

(e) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion. 

3 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.