U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

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- 0068

filed May 7 , 2014

Cathay Pacific Airways Limited (Cathay) requests a s tatement of a uth orization under 14 CFR Part 212 permitting Cathay to display the “ MH ” designator code of Malaysia Airlines (M AS ) on Cathay operated flights between Hong Kong and Cathay’s authorized U.S. gateways , for the purposes of transporting MAS’ traffic between Malay sia and the United States

.

The applicant also request a waiver of the 45

- day advance filing requirement under 14 CFR Part

212.

Approved under assigned authority (14 CFR §385.13).

Date of Action: May 21 , 2014

_____________________________________________ Director, Office of International Aviation

This action is subject to the conditions attached ( see Attachment A). 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.

We may amend, modify, or revoke the authority granted at any time without hearin g at our discretion.

### ATTACHMENT A

The statement of authorization granted is subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) Cathay and MAS continue to hold the necessary underlying au thority to operate the code

- share services at issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect;

( b ) Cathay and/or MAS must notify the Department no later than 30 days before they begin any new

code

- share service under the code

- share services authorized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notices should be filed in

Docket DOT

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- 2014

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( c ) Cathay and/or MAS must notify the Department immediately if the code

- share agreement under

which these code

- share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notices should be filed i n Docket

DOT

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- 0 0 68 ; 2

( d ) The code

- sharing operations conducted under this authority must comply with 14 CFR Part 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 an d 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;

( e ) The authority granted here is specifically conditioned so that neither Cathay nor MAS shall give any force or effect to any contractual provisions between themselves that are contrary to th ese conditions ; and

( f

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

An electronic version of this document is available on the World Wide Web at http://w ww.regulations.gov

1 We note that the carriers advised that Cathay currently operates combination service from Hong Kong to Chicago, Los Angeles, New York, and San Francisco

. 2 We expect this notification to be received within 10 days of such non

- effecti veness or of such decision.