U.S. Department of

Transportation

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2014-0068

filed May 7, 2014

Cathay Pacific Airways Limited (Cathay) requests a statement of authorization under 14 CFR 

Part 212 permitting Cathay to display the “MH” designator code of Malaysia Airlines (MAS) on 

Cathay operated flights between Hong Kong and Cathay’s authorized U.S. gateways, for the 

purposes of transporting MAS’ traffic between Malaysia 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 hearing 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 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) 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-OST-2014-0068;

1

(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which these code-share services are operated is no longer in effect or if the carriers decide to cease 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 in Docket 

DOT-OST-2014-0068;

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 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;

(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 these 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://www.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-effectiveness or of such decision.