### U.S. Department of Transportation Office ofthe Secretary ofTransportation



### DEPARTMENT ACTION ONAPPLICATION IN DOCKET DOT-OST-2015-0036 (filed February 20, 2015) 

### Application ofChina Airlines, Ltd. (CAL) for a statement ofauthorization under 14 CFR Part212 to permit CAL to display the (MH*) designator code ofMalaysia 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 ofthe 45-day advance filing requirements under 14 CFRPart 212.10(d)(2).2


### Approved under assigned authority (14 CFR § 385.13).

Date ofAction: March 23, 2015



### This action is subjecttothe conditions attached. Persons entitledto petition the Department for review ofthis action under the Department's regulations, 14 CFR § 385.30, should file their petitions within sevendays ofthe date ofthis action. This action is effective immediately, andthe filing ofa 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 thatthe foreign air transportation ofpersons, property, and mail onthese 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 carriedbetween Taiwan and the United States under the MH* code). 2 The Department is acting onthe applicants' requestprior to the expiration ofthe 45-day advance filing requirement with the consent ofall parties served.The code-share operations authorized here are subject to the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) CAL and MAS continueto 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 ifthe code-share agreement providing for the code-share operations is no longer effective orthe carriers decide to cease operating any or all ofthe 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 CFR257 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 thatthe subject foreign air transportation be sold in the name ofthe carrier holding out such service in computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown onthe ticket) accept responsibility for the entirety ofthe code-share journeyfor all obligations established in its contract ofcarriage with the passenger; and that the passenger liability ofthe operating carrier be unaffected. (d) The authority granted here is specifically conditioned so that neither CAL norMAS shall give any force or effectto any contractual provisions between themselves that are contrary to these conditions. (e) We may amend, modify, orrevoke the authority granted at any time without hearing at our discretion.

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