CHINA AIRLINES, LTD. ) Docket DOT

OST

2015

__ 

) 

for a statement of authorization under 14 C.F.R. Part 212 ) 

(Taiwan-U.S. Code-sharing with Malaysia Airlines) ) 

APPLICATION OF CHINA AIRLINES, LTD. 

FOR A STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be addressed to: 

Chih Yu 

Vice President, The Americas 

China Airlines, Ltd. 

200 N. Continental Boulevard 

EISegundo, CA 90245 

Dated: February 20, 2015 

George U. Carneal 

HOGAN LOVELLS US LLP 

Columbia Square 

555 Thirteenth Street, NW 

Washington, DC 20004-1109 

Telephone: +1 202 637 6546 

Facsimile: +1 202 637 5910 

E-mail: george.carneal@hoganlovells.com 

Counsel for CHINA AIRLINES, LTD. 

NOTICE: China Airlines, Ltd. will poll the U.S. air carrier representatives listed on the 

attached service list regarding this application and will promptly report the 

results of the polling to the Department. 

\\DC- 082460/000001 -6417315 v1 
) 

for a statement of authorization under 14 C.F.R. Part 212 ) 

(Taiwan-U.S. Code-sharing with Malaysia Airlines) ) 

February 20, 2015 

APPLICATION OF CHINA AIRLINES, LTD. 

FOR A STATEMENT OF AUTHORIZATION 

China Airlines, Ltd. ("CAL") hereby applies for a statement of authorization under 

14 C.F.R. Part 212 to permit China Airlines to display the airline designator code of 

Malaysia Airlines ("MAS") on scheduled flights operated by CAL between points in Taiwan 

and points in the United States, via intermediate points and beyond. CAL and MAS intend 

to introduce code-sharing on Taipei-U.S. scheduled flights operated by CAL on or about 

March 29, 2015. In light of this proposed start date, CAL requests prompt approval of this 

application. 1 CAL further requests that the code-sharing statement of authorization remain 

in effect indefinitely, consistent with the Department's standard practice pertaining to codesharing statements of authorization. 

In support of this application, CAL states as follows: 

1. CAL and MAS have reached a code-sharing agreement that contemplates 

the display of MAS's "MH*" designator code on certain flights operated by CAL. Initially, 

commencing on or about March 29, 2015, the carriers intend to engage in code-sharing on 

CAL hereby requests a waiver of the 45-day advance filing requirement of 14 C.F.R. § 

212.1 O(d)(2). To facilitate the earliest possible approval of this application and MAS's advance 

marketing and sales activities, CAL will poll the U.S. air carrier representatives listed on the 

attached service list to ascertain that there are no objections to this application and will promptly 

report the results of that polling to the Department. 

\\DC- 082460/000001 -6417315 v1 
between Taiwan and the United States under the MH* code). 

2. CAL and MAS hold the necessary economic authority to engage in the codesharing services described in this application. CAL holds a DOT foreign air carrier permit 

last issued by Order 86-5-48 and Taiwan-U.S. "open-skies" exemption authority last 

approved by Notice of Action Taken dated September 7, 2012 (Docket DOT-OST-1997-

3138) (timely renewal application pending). MAS holds a DOT foreign air carrier permit last 

issued by Order 2002-9-26, which authorizes it to engage in scheduled foreign air 

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

intermediate points to a point or points in the United States and beyond. 

3. Approval of this application for a code-sharing statement of authorization is 

consistent with the standards for approval under 14 C.F.R. Part 212. Notably, the type of 

code-sharing arrangement proposed by CAL and MAS is clearly authorized under the 

Taiwan-U.S. and Malaysia-U.S. open-skies Air Transport Agreements, which are currently 

being applied. See Article 8(7) of each agreement. 

4. Approval of this application is in the public interest. Approval will enable 

MAS to introduce online code-sharing services that will enhance competition and improve 

2 Consistent with the Department's Notice served February 9, 2009 (In the Matter of Blanket 

Notification of Code-Share Service to Open-Skies Partner and Points) and with accepted 

practice (see, e.g., WestJet, Department Action on Application in Docket DOT-OST-2014-0147, 

dated September 9, 2014), CAL hereby provides notice of code-sharing with MAS on other 

routes operated by CAL between Taiwan and the United States, via intermediate points and 

beyond, provided that the intermediate and beyond points are in open-skies markets. CAL will provide 30-days' notice of any proposed additional code-sharing to non-open skies points. 

\\DC - 082460/000001 - 6417315 v1 
sharing between two foreign airlines. e.g., China AirlinesNietnam Airlines, 

Department Action on Application in Docket DOT-OST-2000-8347, dated March 2, 2001; 

Cathay Pacific Airways/Malaysia Airlines, Department Action on Application in Docket 

DOT-OST-2014-0068, dated May 21, 2014. 

6. China Airlines agrees to accept the conditions normally imposed on foreign 

air carriers engaged in code-sharing services to and from the United States, including 

14 C.F.R. Part 257, and to comply with other applicable U.S. laws and regulations. 

WHEREFORE, China Airlines, Ltd. requests that the Department promptly approve 

an advance filing waiver and a statement of authorization under 14 C.F.R. Part 212 to 

permit CAL to display the airline designator code of MAS on scheduled flights operated by 

CAL between points in Taiwan and points in the United States, via intermediate points and 

beyond, and that the Department grant such other or additional relief as the Department 

may determine to be necessary and in the public interest. 

\\DC- 082460/000001 -6417315 v1 

Respectfully submitted, 

eorge . Carneal 

OGAN LOVELLS US LLP 

Columbia Square 

555 Thirteenth Street, NW 

Washington, DC 20004-1109 

Telephone: +1 202 637 6546 

Facsimile: +1 202 637 5910 

E-mail: george.carneal@hoganlovells.com 

Counsel for 

CHINA AIRLINES, LTD. 
dheffernan@cozen.com; jeremy.ross@alaskaair.com (Alaska Airlines) 

howard.kass@aa.com; robert.wirick@aa.com (American/US Airways) 

sascha. vanderbellen@delta. com; chris. wal ker@delta. com (Delta) 

jhill@cooley.com; perkmann@cooley.com (Hawaiian Airlines) 

dan.weiss@united.com; steve.morrissey@united.com (United) 

jcanny@amerijet. com; j richardson@john !richardson. com (Amerijet) 

rpommer@atlasair.com (Atlas Air) 

gbleopard@fedex.com; nssparks@fedex.com; sllunsford@fedex.com (FedEx Express) 

kevin.montgomery@polaraircargo.com (Polar Air Cargo) 

agoerlich@ggh-airlaw.com (Southern Air) anita.mosner@hklaw.com; jennifer.nowak@hklaw.com (UPS) 

cjsim pson@zsrlaw. com 

robert.finamore@dot.gov 

john.s.duncan@faa.gov 

englets@state.gov 

Jonathan Echmalian 

\\DC - 082460/000001 - 6417315 v1