UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on October 12, 2012

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2010-0227 ________________________________________________________________________________________________________________________________

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: CATHAY PACIFIC AIRWAYS LIMITED (Cathay Pacific)

Date Filed: September 12, 2012 

Relief requested: Renewal of exemption from 49 USC § 41301 to permit Cathay Pacific to engage in scheduled foreign 

air transportation of persons, property and mail between Hong Kong and 25 U.S. code-share points beyond Cathay

Pacific’s U.S. and Canadian gateways pursuant to its code-share agreement with Alaska Airlines, Inc. (Alaska) and 

Horizon Air Industries, Inc. (Horizon).

1

If renewal, date and citation of last action: September 21, 2010, in this Docket.

Applicant representative: John R. Mietus, Jr., 202-747-5212 

DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None

DISPOSITION

Action: Approved, subject to conditions Action date: October 12, 2012

Effective dates of authority granted: October 12, 2012, through October 12, 2014. 

Basis for approval (bilateral agreement/reciprocity): U.S.-Hong Kong Air Transport Agreement (the Agreement) and the

Memorandum of Understanding of October 19, 2002 (the MOU).

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

foreign air carrier exemption conditions attached as Appendix A and to the code-share conditions previously imposed on 

Cathay Pacific, Alaska, and Horizon in this Docket.

Special conditions/Remarks: The exemption authority granted to Cathay Pacific is limited to operations conducted only 

through code-share arrangements with Alaska or Horizon, on flights operated by Alaska or Horizon. Furthermore, Cathay 

Pacific’s code-share operations shall be operated within the level of code-share frequencies provided for under the U.S.-

Hong Kong Memorandum of Understanding of October 19, 2002.2

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

____________________________________________________________________________________________________________

 1 The Government of the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR) may, at its 

discretion, change the code-share points in the United States on not less than 30 days’ notice in writing to the Government of the 

United States. By letter dated April 28, 2011, the HKSAR confirmed that it has selected the following 25 code-share points under the 

Agreement and MOU: Atlanta, Boston, Charlotte, Cleveland, Columbus, Dallas/Fort Worth, Denver, Detroit, Houston, Kansas City, 

Las Vegas, Miami, Minneapolis/St. Paul, New Orleans, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Raleigh-Durham, Salt 

Lake City, San Diego, Seattle, St. Louis, and Washington/Baltimore. 2 We note that under the MOU, Cathay Pacific may code share on a total of 21 weekly round trip frequencies to each code-share point 

in the United States, from each of its direct service points in Canada or the United States.
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 perform 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 Policy and 

Conservation Act of 1975. To the extent not granted, 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 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.

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

http://www.regulations.gov
Appendix A

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 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 Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise 

the IIR 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 of 28 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;

(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 Department approval under Title 

49 of the U.S. Code.

12/2007