UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

\VASHINGTON, D.C. 

Application of ) 

) 

AIR CHINA LIMITED ) 

d/b/a AIR CHINA 

for renewal of exemption authority pursuant to 49 U.S.C 

§ 40109 

) Docket DOT- OST-2013-0001 

) 

) 

) 

___________________________________ ) 

APPLICATION OF AIR CHINA LIMITED d/b/a AIR CHINA 

FOR RENEWAL OF EXEMPTION AUTHORITY 

Communications with respect to this Application should be sent to: 

George N. Tompkins, Jr., Esq. 

Wilson, Elser, Moskowitz, Edelman & Dicker LLP 

150 East 4211 d Street 

New York, New York 10017-5639 

(212) 490-3000 Ext. 5624 (Phone) 

(212) 490-3038 (Fax) 

george. tompkinsjr@wilsonelser .com 

Counsel for AIR CHINA LIMITED 

DATED: December 16, 2014 

Notice: Any person may support or oppose this application by filing an answer on or 

before January 5, 2015. 

6474424v.l 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of ) 

) 

AIR CHINA LIMITED ) 

d/b/a AIR CHINA ) Docket DOT- OST-2013-0001 

) 

for renewal of exemption authority pursuant to 49 U.S.C. § ) 

40109 ) 

------------------------------------- ) 

APPLICATION OF AIR CHINA LIMITED d/b/a AIR CHINA 

FOR RENEWAL OF EXEMJ>TJON AUTHORITY 

1. Pursuant to 49 U.S.C. § 40109, Air China Limited, d/b/a Air China, ("Air 

China") hereby applies for the renewal of exemption authority granted in the Notice of 

Action Taken (NOAT) issued on January 16, 2014 by the Department of Transportation in 

Docket DOT-OST-2013-0001, permitting Air China to engage in scheduled foreign air 

transportation of persons, property and mail between Beijing, People's Republic of China on 

the one hand, and Houston, Texas, on the other hand. This exemption authority expires on 

January 16, 2015. By this Application, Air China respectfully requests that this exemption 

authority be renewed for a period of two (2) years to expire on January 17, 2017, pursuant to 

NOAT issued January 16, 2014 in Docket DOT-OST-2013-0001. See Exhibit "A" hereto. 

2. Air China relies upon the automatic extension provisions of 5 U.S.C. § 558(c), 

as implemented by 14 C.F.R. Part 377, to continue this exemption authority in effect 

pending final Department action on this renewal application. This application is timely filed 

under 14 C.F.R. § 377.10(c). 

6474424v.l 
3. There also is pending before the Department of Transportation, in Docket 

DOT-OST-2013-0049, the application of Air China for Amendment of Foreign Air Carrier 

Permit to include Houston, Texas as a coterminal point in the United States, together with 

the existing coterminal points authorized in its Foreign Air Carrier Permit. A copy of the 

Foreign Air Carrier Permit of Air China is attached as Exhibit "B" hereto. 

WHEREFORE, Air China respectfully requests that the Department of 

Transportation renew the exemption authority applied for herein for a period of two (2) 

years to January 16, 2017 or until the Department grants Air China's application for 

renewal. Air China further requests thatthe Department grant such other and further relief 

as the Department finds to be consistent with this application. 

DATED: December 16, 2014 

6474424v.l 

George N. Tompk! ns, Jr. /' 

Wilson, Elser, Moskowitz, ( 

Edelman & Dicker LLP. 

150 East 42nd Street 

New York, New York 10017-5639 

(212) 490-3000 Ext. 5624 (Phone) 

(212) 490-3038 (Fax) 

george. tompkinsj r@wilsonelser. com 

Counsel for 

AIR CHINA LIMITED 
EXHIBIT A 

6474424v.l 
UNITED STATES OF AMERICA 

DEI~ARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation on January 16, 2014 

NOTICE OF ACTION TAKEN-- DOCKET DOT-OST-2013-0001 

-------------------------

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: AIR CHINA LIMITED d/b/a AIR CHINA (Air China) 

Date Filed: December 20,2013 

Relief requested: Renewal of exemption under 49 U.S.C. § 40109 to engage in scheduled foreign air transportation of 

persons, property, and mail between Beijing, People's Republic of China, on the one hand, and Houston, Texas, on the 

other hand. The applicant requests that this authority be granted for a period of two years. 

If renewal, date and citation of last action: January 17, 2013, in this Docket. 

Applicant representative: George N. Tompkins, Jr., 212-490-3000 DOT analyst: Brett D. Kruger, 202-366-8025 

Responsive pleadings: On January 3, 2014, the City of Houston filed a letter in support of Air China's request. 

DISPOSITION 

Action: Approved in part, remainder (request for longer-term authority) dismissed. 1 

Action date: January 16, 2014 

Effective dates of authority granted: January 16,2014, through January 16, 2015. 

Basis for approval: United States-China Air Transport Services Agreement· 

Except to the extent exempted/waived, this authority is subject to the tem1s, conditions, and limitations of our standard 

exemption conditions (attached). 

Action taken by: PaulL. Gretch, Director, Office of International Aviation 

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 perfmm 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 Pol icy and 

Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. 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 Depmtment 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 ofthis 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 

1 The one-year duration ofthe authority we granted Air China is consistent with our usual policy of granting exemption authority 

in the circumstances presented. We therefore, dismissed the application to the extent that it sought authority for a longer period. 
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 cunently 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 Transpmiation 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 of28 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!ti·om 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 Depa1iment approval 

under Title 49 of the U.S. Code. 

12/2007 
EXHIBITB 

6474424v.l 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

PERMIT TO FOREIGN AIR CARRIER 

Air China Limited 

A Flag Carrier ofthe People's Republic of China 

Appendix B 

Issued by 

Order 2007-7-9 

is authorized, subject to the following provisions, the provisions ofTitle 49 ofthe U.S. Code, 

and the orders, rules, and regulations of the Department ofTransportation, to engage in foreign 

air transportation of passengers and cargo, including mail, on a scheduled combination basis 

only, as follows: 

Between the coterminal points Beijing, Guangzhou, and Shanghai, the People's Republic of 

China; via Tokyo or another point in Japan; and the coterminal points Chicago, IL, Dallas, 

TX, Honolulu, HI, Los Angeles and San Francisco, CA, Portland, OR, and New York, NY; 2 

with optional technical stops at Anchorage and/or Fairbanks, AL, and/or a point in Japan 

other than Tokyo and Osaka. 

The holder shall also be authorized to engage in charter trips in foreign air transportation, subject 

to the terms, conditions, and limitations of the Department's regulations governing charters.3 

This permit and the exercise of the privileges granted in it shall be subject to the terms, 

conditions and limitations in both the order issuing this permit and the attachment to this order, 

and to all applicable provisions of any treaty, convention or agreement affecting international air 

transportation now in effect, or that may become effective during the period this permit remains 

in effect, to which the United States and the holder's homeland are or shall become parties. 

This permit shall be effective on July 10, 2007. Unless otherwise terminated at an earlier date 

pursuant to the terms of any applicable treaty, convention or agreement, this permit shall 

terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon 

the effective date of any treaty, convention, or agreement or amendment, which shall have the 

effect of eliminating the bilateral right for the service authorized by this permit from the service 

which may be operated by airlines designated by the People's Republic of China (or, if the right 

is partially eliminated, then the authority of this permit shall terminate in like part); (3) upon the 

effective date of any permit granted by the Department to any other carrier designated by the 

Peoples' Republic of China in lieu ofthe holder; or (4) upon the termination or expiration ofthe 

2 The People's Republic of China may add a total of two intermediate or beyond points which may be served with 

full traffic rights. These two points may be added to a single route or allocated between Routes I and 2 (Annex I) of 

the Agreement. 3 In the conduct of charters the holder is subject to the prior approval requirements in Order 92-11-7. 
applicable air services agreement between the United States and the People's Republic of China. 

However, clause (4) of this paragraph shall not apply if prior to such termination or expiration, 

the foreign air transportation authorized herein becomes the subject of another treaty, convention 

or agreement to which the United States and the People's Republic of China become parties. 

The Department of Transportation has executed this permit and affixed its seal on May 21, 

2007. 

By: 

(SEAL) 

PAULL. GRETCH 

Director 

Office of International Aviation 
Foreign Air Carrier Permit Conditions 

In the conduct of the operations authorized, the foreign carrier applicant 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 Principal Security 

Inspector (IPS I) to advise the IPSI 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 

of28 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; 

(1 0) 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. 

1112006 
CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing Application of Air China 

Limited d/b/a Air China for Renewal of Exemption Authority was served by electronic mail this 

16111 day of December 2014 upon the following: 

Counsel for the City of Houston and the 

Greater Houston Partnership: 

President and Chief Executive Officer 

Greater Houston Partnership: 

Chief Commercial Officer Department of 

Aviation City of Houston: 

Airline Info: 

American Airlines/ US Airways: 

Delta Airlines: 

Hawaiian Airlines: 

Federal Express: 

Polar Air Cargo: 

United Airlines, Inc.: 

Counsel for United Airlines, Inc.: 

Counsel for United Parcel Service: 

Federal Aviation Administration: 

Department of Transp01iation: 

December 16, 2014 

6474424v.I 

rbtrinder@zsr law. com 

jasilversmith@zsrlaw.com 

rharvey@houston.org 

mario.diaz@houstontx.gov 

Ian. wadsworth(cz{houstontx. gov 

info@airlineinfo. com 

robert.wirick(W,aa.com 

howard.kass@aa.com 

sascha. vanderbellen@del ta. com 

sam etta. c. barnett@delta.com 

jhill@cooley.com 

cefelts@fedex.com 

nssparks@fedex.com 

kevin.montgomery@polaraircargo.com 

dan. weiss({i{united.com 

steve.morrissey@united.com 

lhalloway@crowell.com 

gmurphy@crowell.com 

jennifer .nowak@hklaw.com 

john.s.duncan@faa.gov 

barbara.hairston@dot. gov 

Rgbert.finamore@dot.gov