**UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION**  **OFFICE OF THE SECRETARY WASHINGTON, D.C.**  Issued by the Department of Transportation on September 7, 201 2 

### NOTICE OF ACTION TAKEN

**-- DOCKET**  **DO T** 

**- OST** 

**- 1997** 

**- 3138** 

_____________________________________________________________________________________________________________________________ ___ 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 

### : **China Airlines, Ltd.** Date Filed: July 9 , 201 2 Relief requested: Renew e xemption from 49 U.S.C. § 41301 to: (1) conduct scheduled foreign air transportation of persons, p roperty and mail from points behind Taiwan via Taiwan, and intermediate points, to points in the United States and beyond; (2) conduct charter foreign air transportation of persons, property and mail pursuant to the terms of the Air Transport Agreement bet ween the American Institute in Taiwan and the Taipei Economic & Cultural Representative Office; (3) conduct other charters pursuant to 14 CFR 212 of the Department’s regulations; and (4) exercise all other rights enumerated in Annexes I and II of the Agree ment. If renewal, date and citation of last action: July 16, 2010, in this docket Applicant representative: George U. Carneal (202) 637

- 6546 DOT Analyst: Shelita A. Johnson (202) 366

- 1226 Responsive pleadings: None filed **DISPOSITION**
Action: Approved Action date : September 7, 201 2 Effective dates of exemption authority granted: September 7, 201 2

– September 7, 201 4 Basis for approval (bilateral agreement/reciprocity) : Th e authority is encompassed in the Air Transport Agreement between the American Institute in Taiwan and the Taipei Economic & Cultural Representative Office, initialed February 28, 1997, and entered into force March 18, 1998 Except to the extent exempted /waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) X Foreign air carrier permit ( Order 86

- 5

- 48 )

Action taken by: Paul L. Gretch, Director

Of fice of International Aviation

_____________________________________________________________________________________________________________________________ ___ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that ( 1) the applicant is qualified to perform the proposed operations; (2) our action was consistent with Department policy; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulato ry action under the Energy Policy 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 heari ng 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 Noti ce. 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**12/2007

**Foreign Carrier Exemption Condi tions**  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 authoriz ation 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 limite d 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 f ind 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 com

mencement 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 termina tion 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 a nd 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 Conventi on 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 "internation al 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 De partment, 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.