### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2014-0148 filed August 27, 2014 

### Application ofVirgin America Inc. (Virgin America) for a blanket statement ofauthorization under 14 CFR Part 212 to permit Virgin America to display the (CI*) designator code ofChina Airlines, Ltd. (China Airlines) on flights operated by Virgin America between any points in the United States, in conjunction with China Airlines' authorized foreign air transportation ofpersons, property, and mail between a point or points in Taiwan (either non-stop orvia third country intermediate points), on the one hand, and a point or points in the United States, on the other hand. Virgin America also requests a waiver ofthe 45-day advance filing requirement under 14 CFRPart 212. 1


### *Approved under assigned authority (14 

### C.F.R. §385.13). Date ofAction: September 8, 2014 2


## \="o\',Director, Office oflntematio Persons entitled to petition the Department for review ofthis action under the Department's regulations, 14 

### CFR § 385.30, should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness. We may amend, modify, orrevoke the authority granted at any time, without hearing, at our discretion.

*The authority granted is subject to the attached conditions.

1 Virgin America has requested confidential treatment ofportions ofits un-redacted code-share agreement with ChinaAirlines, under the provisions of 14 CFR§302.12. Good cause having been shown, we will grant this request. 2 The Department is acting on Virgin America's application prior to the expiration ofthe 7-day answerperiod with consent ofall parties served.The code-share operations authorizedhere are subject to the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) VirginAmerica and China Airlines continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreementproviding for the code-share operations remains in effect. (b) Virgin America and/or China Airlines mustpromptly notify the Department ifthe code-share agreement providing for the code-share operations is no longer effective orthe carriers decide to cease operating any or all ofthe approved code-share services. We expectthis notification to be received within 10 days ofsuch non-effectiveness or ofsuch decision. Such notices should be filed in docket DOT-OST-2014-0148. (c) Virgin America and/or ChinaAirlines must notify the Department no laterthan 30 days before they begin any new code-share service under the code-share services authorized here. Suchnotice shall identify the market(s) to be served and the date on which the service will begin. Such notice should be filed in Docket DOT-OST-2014-0148. 3 (d) The code-sharing operations conducted under this authority must comply with 14 CFR 257 andwith any amendments to the Department's regulations concerning code-share arrangements that may be adopted. Notwithstanding any provisions inthe contractbetweenthe carriers, our approval here is expressly conditioned uponthe requirements thatthe subject foreign air transportation be sold in the name ofthe carrier holding out such service inthe computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the carrier shown onthe ticket) accept responsibility for the entirety ofthe code-sharejourney for all obligations established in its contract ofcarriage with the passenger; and that the passenger liability ofthe operating carrier be unaffected. (e) The authority granted here is specifically conditioned so thatneither Virgin Americanor China Airlines shall give any force or effect to any contractual provisions between themselves.that are contrary to these conditions. (f) We may amend, modify, orrevoke the authority granted at any time without hearing at our discretion.

3 Consistent with the Department's Notice in the Matter ofBlanketNotification ofCode-Share Service to Open-Skies Partners and Points, datedFebruary 9, 2009, in its applicationVirgin America provides blanketnotice ofits intentto engage in code-share services with China Airlines on flights operatedby Virgin America between any U.S. points. See Appendix C for a list ofinitial code-share points.Initial Code-Share Points


### Display ofChina AJrltnes' "Cl" Designator Code 

### on Virgin America operated Oight:s: Routing: Promtro Los Angeles. Califunrla (LAX) 

### Dallas Low

### Field, Texas (DAL) (effective no earlier

### than October 1:3, 2014) Newark. New Jersey 

### (EWR) FortLauderdale, Florida (FLL) Washington. D.C. (IAD) 

### New York, 

### New York (JFK) Chicago, illinois (ORD) Seattle, Washington (SEA) 

### From!fo**S~n** 

### Francisco. California (SFO) 

### Boston. Massachusetts (BOS) Dallas I.owField1

### Texas (DAL) (effective ooearJiertfum October 13, 2014) Newark, New Jersey (EWR) Fort Laooerda1t; Florida (FLL)**Washin~** D.C. (IAD) 

### New York, New York (JFK) Las Vegas, 

### Nevada (LAS) 

### Los Angeles, California (LAX) Chicago, Illinois (ORD) Seattle. Washington (SEA) AppendixC