BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

CATHAY PACIFIC AIRWAYS LIMITED 

 and 

LAN AIRLINES S.A. 

for statements of authorization under 

14 C.F.R. Part 212 (Chile-Hong Kong 

via U.S.) 

Docket OST-2010- 

JOINT APPLICATION OF CATHAY PACIFIC AIRWAYS LIMITED 

AND LAN AIRLINES S.A. FOR STATEMENTS OF AUTHORIZATION

Communications with respect to this document should be sent to: 

John R. Mietus, Jr. 

William C. Evans 

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

(202) 747-5212 - Telephone 

(240) 396-5362 - Fax 

john@mietuslaw.com 

bill@mietuslaw.com 

Counsel for CATHAY PACIFIC 

 AIRWAYS LIMITED 

Juan Carlos Mencio 

General Counsel, N.A. 

LAN AIRLINES S.A. 

6500 NW 22nd Street 

Miami FL 33122 

(786) 265-6091 

jmencio@lan.com 

March 26, 2010 

Notice: The Joint Applicants request a waiver of the 45-day advance filing 

requirement under 14 C.F.R. § 212.10(d)(2) and will be polling the parties on 

the attached service list for their positions on the waiver and requested 

authority. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

CATHAY PACIFIC AIRWAYS LIMITED 

 and 

LAN AIRLINES S.A. 

for statements of authorization under 

14 C.F.R. Part 212 (Chile-Hong Kong 

via U.S.) 

Docket OST-2010- 

March 26, 2010 

JOINT APPLICATION OF CATHAY PACIFIC AIRWAYS LIMITED 

AND LAN AIRLINES S.A. FOR STATEMENTS OF AUTHORIZATION

 Pursuant to 14 C.F.R. Part 212, Cathay Pacific Airways Limited 

("Cathay Pacific") and Lan Airlines S.A. ("Lan Airlines") respectfully apply 

for statements of authorization to engage in certain code-sharing operations 

involving the transportation of persons, property, and mail between Chile 

and Hong Kong via points in the United States. As Cathay Pacific and Lan 

Airlines wish to begin these services on May 1, 2010, they request prompt 

approval of their application so that they begin marketing these services 

without delay.1

1 To the extent necessary, the Joint Applicants respectfully request a waiver of 

the 45-day advance-filing requirement of 14 C.F.R. § 212.10(d)(2) and the 

suggested 30-day advance-filing requirement of paragraph 4.6 of the 2002 

U.S.-Hong Kong Memorandum of Understanding. The Joint Applicants will 

poll carriers on the attached service list as to their position on the waiver and 

application. 

 The Joint Applicants also request that this authority be 

granted for an indefinite period, subject to standard Department notice 

conditions. 
Cathay Pacific and LAN

Joint Application

Page 2

 1. Cathay Pacific and Lan Airlines recently signed a code-sharing 

agreement. Pursuant to this agreement, Cathay Pacific will place Lan 

Airlines' LA* code on Cathay Pacific flights between New York (JFK) and Los 

Angeles, on the one hand, and Hong Kong, on the other. Lan Airlines will 

place Cathay Pacific's CX* code on Lan Airlines flights between New York 

(JFK) and Los Angeles, on the one hand, and Santiago de Chile, on the other. 

Under this arrangement, Cathay Pacific and Lan Chile will only carry traffic 

between Chile and Hong Kong, and these code-sharing services will not be 

available to either carriers' passengers destined for or originating at points in 

the United States; Los Angeles and New York will only be transit points at 

which online traffic between Chile-U.S. and U.S.-Hong Kong flights will 

connect.2

 2. Cathay Pacific holds exemption authority from the Department to 

engage, among other things, in 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. 

Notice of Action Taken dated November 20, 2009 in Docket OST-2003-14493.3

2 To the extent Cathay Pacific and Lan Airlines, in operating the code-share 

services described herein, may be deemed to be commingling traffic in foreign 

air transportation with traffic not in foreign air transportation, they 

respectfully request permission to do so pursuant to 14 C.F.R. Part 216. 

3 While the exercise of intermediate and beyond rights under the exemption is 

subject to point and frequency allocation by the Hong Kong SAR government, 

no such traffic rights are requested herein. Under Appendix 2, paragraph 1 of 
Cathay Pacific and LAN

Joint Application

Page 3

Lan Airlines holds a foreign air carrier permit issued by Order 87-8-55 and 

exemption authority to engage, among other things, in scheduled foreign air 

transportation of persons, property, and mail from points behind Chile via 

Chile and intermediate points to a point or points in the United States and 

beyond. Notice of Action Taken dated April 18, 2008 in Docket OST-1999-

6493. Both carriers therefore hold from the Department all necessary, 

underlying operating authority and require only statements of authorization 

to conduct the proposed code-share service. 

 3. Approval of this application would be consistent with the U.S.-Hong 

Kong and open U.S.-Chile bilateral aviation agreements. The proposed codeshare services are consistent with the third-country code-share provisions in 

sub-paragraph 4.1(ii) of the U.S.-Hong Kong 2002 Memorandum of 

Understanding and article 8(2)(c)(ii) of the 2001 Multilateral Agreement on 

the Liberalization of International Air Transportation, to which Chile and the 

U.S. are parties, and the Department has previously authorized Lan Airlines 

to offer Chile-Asia code-sharing services via the United States. See, e.g.,

Action on Application dated August 4, 2005 in Docket OST-2005-21910 

(Chile-U.S.-Korea). Cathay Pacific and Lan Airlines will comply with 

Department rules and policies that pertain to code-sharing arrangements, 

such as the notice requirements of 14 C.F.R. Part 257. 

the 2002 U.S.-Hong Kong MOU, transit and on-line connecting traffic may be 

connected at points in the United States. 
Cathay Pacific and LAN

Joint Application

Page 4

4. Approval of this application clearly is consistent with the public 

interest. It will enable both Cathay Pacific and Lan Airlines to provide 

single-carrier service between their respective homelands and will allow the 

traveling and shipping public to enjoy the benefits of that service. Further, 

since the code-sharing operations will simply link existing Cathay Pacific and 

Lan Airlines flights, this application will not result in a near-term increase in 

fuel consumption of ten million gallons or more. 

 WHEREFORE, Cathay Pacific Airways Limited and Lan Airlines, S.A. 

respectfully request that the Department grant the requested statements of 

authorization and such other relief as the Department deems necessary or 

proper. 

Respectfully submitted, 

John R. Mietus, Jr. 

William C. Evans

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817-7500 

(202) 747-5212 - Telephone 

(240) 396-5362 - Fax 

john@mietuslaw.com 

bill@mietuslaw.com 

Counsel for CATHAY PACIFIC 

 AIRWAYS LIMITED

Juan Carlos Mencio 

General Counsel, N.A.

LAN AIRLINES S.A. 

6500 NW 22nd Street 

Miami FL 33122 

(786) 265-6091 

jmencio@lan.com 

March 26, 2010
CERTIFICATE OF SERVICE

I hereby certify that I have, this 26th day of March, 2010 caused the 

attached Joint Application of Cathay Pacific Airways Limited and Lan 

Airlines S.A. for Statements of Authorization to be served by electronic mail 

on the persons on the attached service list. 

 John R. Mietus, Jr. 
SERVICE LIST

Carl Nelson, American Airlines

carl.nelson@aa.com

Pierre Murphy for Arrow Air, Inc.

pmurphy@ggh-airlaw.com

Russ Pommer, Atlas Air

rpommer@atlasair.com

Hershel Kamen for Continental

and Continental Micronesia

hershel.kamen@coair.com

Sascha Van Der Bellen, Delta 

sascha.vanderbellen@delta.com

(alt. jeff.morgan@delta.com)

Kevin Montgomery, Polar Air Cargo

kevin.montgomery@polaraircargo.com

(alt. peter.beckett@polaraircargo.com)

Angie Bird, Federal Express

anbird@fedex.com

Jeff Manley, United Air Lines

jeffrey.manley@united.com

Howard Kass for US Airways

howard.kass@usairways.com

David Vaughan, Kelley Drye & Warren,

for United Parcel Service

dvaughan@kelleydrye.com

Jonathan Hill, Dow Lohnes

for Hawaiian

jhill@dowlohnes.com

John Richardson for Amerijet

jrichardson@johnlrichardson.com

Steve Lachter, Lachter & Clements,

for Astar Air Cargo

lachter@starpower.net

Malcolm Benge for World Airways

mlbenge@zsrlaw.com

John Palo, Evergreen

john.palo@evergreenairlines.com

Tom Gillies, Southern Air

tgillies@southernair.com

Sandy Sinick, Squire Sanders,

for Florida West

msinick@ssd.com

Ed Sauer, Squire Sanders, for Aloha

esauer@ssd.com

Mark Atwood, Sher Blackwell,

for Kalitta

matwood@sherblackwell.com