UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation on January 7, 2011 

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2003-14493 _____________________________________________________________________________________________________________________________ 

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: CATHAY PACIFIC AIRWAYS LIMITED Date Filed: November 4, 2010 

 (Cathay Pacific) 

Relief requested: Renewal of exemption authority under 49 USC §40109 to engage in (1) scheduled foreign air 

transportation of persons, property, and mail between Hong Kong, via intermediate points, to a point or points in the United 

States, as coterminal points, and beyond; (2) scheduled foreign air transportation of property and mail between Hong Kong, 

via intermediate points, to a point or points in the United States, as coterminal points, and beyond and (3) charter foreign air 

transportation subject to Part 212 of the Department’s regulations. 

If renewal, date and citation of last action: November 20, 2009, in the instant docket. 

Applicant representative: John R. Mietus, Jr. (202) 747-5212 DOT analyst: Thuy H. Cooper (202) 366-5423 

 

DISPOSITION 

Action: Approved (subject to conditions, see below). Action date: January 7, 2011 

Effective date of exemption authority granted: January 7, 2011, through January 7, 2012. 

Basis for approval (bilateral agreement/reciprocity): The authority is provided for in the October 19, 2002 Memorandum 

of Understanding between the United States and the Hong Kong Special Administrative Region (SAR) of the People’s 

Republic of China. 

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated: 

X Standard exemption conditions (attached) 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

________________________________________________________________________________________________________________________ 

Condition: This authority is subject to our receipt of notification from the Government of Hong Kong of the points and 

frequencies it has allocated to Cathay Pacific for intermediate and beyond rights, consistent with the terms of the 

October 19, 2002 Memorandum of Understanding between the United States and Hong Kong.

________________________________________________________________________________________________________________________

Under authority assigned by the 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) grant 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, we denied all requests in the 

referenced Dockets. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing 

at our discretion. 

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s 

regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. 

This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. 

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

http://www.regulations.gov
ATTACHMENT 

Foreign Carrier Exemption Conditions

In the conduct 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 such authorization with the Department; 

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government 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 flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its 

International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise 

the IIR of its plans and to find 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 CFR Part 205, and, prior to the 

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

Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight 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) Conform to the airworthiness and airman competency requirements of its Government for international air services; 

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 

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

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 

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

United States that are: (a) based on its operations in international air transportation that, according to the contract of 

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 

all States shall be considered to be High Contracting Parties for the purpose of this definition; 

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

homeland; 

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter 

data; 

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

the Department's rules governing charters (including 14 CFR Parts 212 and 380); and 

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

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

applicable laws of the United States. 

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

above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title 

49 of the U.S. Code. 

 1/2008