UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

 Served: July 26, 2010 

NOTICE 

2010/2011 U.S.-China Charter Authorizations 

(August 1, 2010, through July 31, 2011) 

By this Notice we notify U.S. carriers of procedures to distribute available charter 

opportunities between the United States and the People’s Republic of China for the 

2010/2011 charter year (August 1, 2010, through July 31, 2011). 

Under the U.S.-China Air Transport Agreement (as amended), each Party shall approve 

applications by the airlines of the other Party for 75 one-way charter flights annually 

from August 1 of each year, between points in China Zone 1 (Zone 1) and U.S. points on 

city pairs served by Chinese carriers’ scheduled services of the same type (combination 

or all-cargo) as the proposed charter flight, and 75 one-way charter flights annually from 

August 1 of each year, between points in China Zone 2 (Zone 2) and U.S. points on city 

pairs served by Chinese carriers’ scheduled services of the same type (combination or 

all-cargo) as the proposed charter flight.1

 These rights are available for the annual 

periods beginning August 1 each year. 

We find that the public interest continues to warrant our placing the 75 Zone 1 charters, 

and the 75 Zone 2 charters, into a charter pool for distribution on a first-come, 

first-served basis, consistent with the modified procedures that were implemented for the 

2007/2008 China charter year and with those used in other similar markets with limited 

charter opportunities.2

 These procedures have proved effective in managing the demand 

for U.S.-China charter allocations and we believe that they will continue to facilitate 

effective use of these valuable rights.3

Accordingly, the charter pool allocation procedures for the 2010/2011 charter year are as 

follows: 

1. Applications must identify the type of charter (combination or cargo); the date of 

each one-way flight; the charterer(s); the city-pair markets (applicants should also 

 

1

 China Zone 1 consists of Shanghai, Beijing, and Guangzhou. China Zone 2 consists of Fujian, 

Guangdong (except Guangzhou), Hebei, Jiangsu, Shandong, Tianjin, and Zhejiang. 

2 See Notice dated July 26, 2007, in Docket DOT-OST-2007-28824 (China), Order 2009-1-5 (Brazil) and 

Orders 92-6-32 and 92-9-21 (Japan). 

3 We note that frequency and designation limitations will no longer be applicable to U.S.-China scheduled 

all-cargo operations effective March 25, 2011. Should that change raise a need to alter the China charter 

allocation procedures, we will so indicate by subsequent notice. 
2

identify the specific Chinese carrier scheduled services associated with the Zone 1 

or Zone 2 determination); the type of aircraft to be used; the type of cargo 

transported (for cargo charters); and a statement affirming that the carrier has firm 

plans to use the charters. Applicants may request confidentiality under Rule 12 of 

our procedural regulations (14 CFR 302.12); 

2. Applications must be sent to the U.S. Air Carrier Licensing Division (X-44), 

Office of International Aviation, 1200 New Jersey Avenue, S.E., Washington, 

D.C. 20590;4

3. Applications to operate Zone 1 charters may be filed no earlier than 60 days in 

advance of the flight date(s) and carriers may apply for up to ten Zone 1 charters 

per month; 

4. Applications to operate more than ten Zone 1 charters in a given month may be 

considered after the applicant completes polling of interested parties; 

5. Applications to operate Zone 2 charters may be filed as soon as charter 

arrangements are firm and carriers may apply for any number of charters; 

6. Applications for Zone 1 and Zone 2 charters must include signed copies of the 

charter contract or some form of written evidence of the charter commitment; 

7. Absent a showing of special needs and circumstances, U.S. carriers holding 

scheduled combination or all-cargo authority to serve points in Zones 1 and/or 2 

will not be eligible applicants until the last two months of the charter year, when 

the pool will be available to all carriers with no restrictions;5

8. Carriers receiving a charter pool allocation shall, in writing, return any flight(s) 

that they will not use to the U.S. Air Carrier Licensing Division;6

9. Each U.S. carrier granted a charter pool allocation is to report, in writing, to the 

U.S. Air Carrier Licensing Division, on its operations for the preceding month by 

the tenth day of each month. 

If the charter allocation request is approved, we will provide the carrier with a Notice of 

Consistency acknowledging its right to perform the proposed charter operation. 

However, applicants should be aware that the Notice of Consistency does not relieve U.S. 

carriers of their obligation to file a separate notification of proposed charter flights with 

the Chinese authorities. In notifying the Chinese authorities, U.S. carriers should also 

 

4

 Requests should be sent by e-mail to robert.finamore@dot.gov, or by fax to 202-366-3694. 5

 This limitation on eligibility would not apply in the case of a U.S. carrier that had received new scheduled 

authority, but where that authority, per its terms, was not yet effective. Upon effectiveness of that 

authority, the limitation would apply. 

6

 This notification must be received within two business days of the carrier’s determination that an 

allocated flight or flights will not operate. 
3

submit a copy of the Notice of Consistency showing Departmental approval of the charter 

flights.7

It has been our general policy where charter opportunities are limited to reserve the 

available flights for carriers that have no other access to the market.8

 We have made 

exceptions to this policy only where there are special needs for cargo shipments (such as 

livestock charters) that could not be accommodated by scheduled services. Should such 

special needs arise, we would be prepared to consider them on a case-by-case basis. 

We will serve this notice on all U.S. certificated air carriers. 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.9

By: 

Paul L. Gretch, Director 

Office of International Aviation 

Dated: July 26, 2010 

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

http://www.regulations.gov

 

 

7

 We will post an electronic version of the Notice of Consistency on the World Wide Web at: 

http://www.regulations.gov

8 See, e.g., Order 98-4-19. 

9 The Director of the Office of International Aviation was assigned delegated authority for this matter. See

U.S.-China Charter Flights Notice dated August 5, 2005.