BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

CATHAY PACIFIC AIRWAYS LIMITED ) 

 ) DOCKET DOT-OST-2003-14493

for renewal of exemption authority ) 

(Hong Kong-United States) ) 

__________________________________________) 

APPLICATION OF CATHAY PACIFIC AIRWAYS LIMITED 

 FOR RENEWAL OF AN EXEMPTION

Communications with respect to this document should be sent to: 

John R. Mietus, Jr. 

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

(202) 747-5212 

(240) 396-5362 fax 

john@mietuslaw.com 

Counsel for CATHAY PACIFIC AIRWAYS 

LIMITED 

 

 

NOTICE: Any person may support or oppose this application by filing an 

answer and serving a copy of the answer on counsel for Cathay 

Pacific and upon persons served with this application no later 

than January 18, 2012. 

January 3, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

CATHAY PACIFIC AIRWAYS LIMITED ) DOCKET DOT-OST-2003-14493

 ) January 3, 2012 

for renewal of exemption authority ) 

(Hong Kong-United States) ) 

__________________________________________) 

APPLICATION OF CATHAY PACIFIC AIRWAYS LIMITED 

 FOR RENEWAL OF AN EXEMPTION

 Pursuant to 49 U.S.C. § 40109(c), Cathay Pacific Airways Limited 

("Cathay") respectfully requests renewal of the above-captioned exemption, 

granted by Notice of Action Taken dated January 7, 2011 (the “Notice”), for 

an additional, one-year period. The Notice permits Cathay to engage in: (1) 

scheduled foreign air transportation of persons, property, and mail between 

Hong Kong, via intermediate points, to a point or points in the United States, 

as coterminal points, and beyond; (2) scheduled foreign air transportation of 

property and mail between Hong Kong, via intermediate points, to a point or 

points in the United States, as coterminal points, and beyond; and (3) charter 

foreign air transportation subject to Part 212 of the Department’s 

regulations. Cathay intends to invoke the automatic extension provisions of 5 
 

 - 2 - Cathay Pacific 

 Renewal Application 

U.S.C. § 558(c) and Part 377 of the Department's Special Regulations. In 

support of this application, Cathay states as follows: 

 1. Cathay is a flag carrier of the Hong Kong Special Administrative 

Region ("HKSAR") and currently holds permit and exemption authority 

which authorizes it to operate combination and all-cargo service between 

Hong Kong and the United States. Pursuant to that authority, Cathay 

provides extensive service between Hong Kong and the U.S. with Boeing 

B747 and B777 aircraft. 

 2. By this application, Cathay seeks renewal for an additional year of 

the Hong Kong-U.S. exemption authority described above, which is scheduled 

to expire on January 7, 2012. Cathay currently provides multiple weekly 

nonstop combination services between Hong Kong, on the one hand, and 

Chicago, Los Angeles, New York and San Francisco, on the other; it also 

serves Anchorage, Atlanta, Chicago, Dallas, Houston, Los Angeles, Miami, 

and New York with freighter service to and from Hong Kong. These services 

provide significant benefits to the traveling and shipping public. 

3. Under the October 19, 2002, Memorandum of Understanding 

between Hong Kong and the U.S. (“MOU”), a carrier designated by the 

HKSAR Government is entitled to operate combination and/or all-cargo 

service from Hong Kong via certain intermediate points to “a point or points 
 

 - 3 - Cathay Pacific 

 Renewal Application 

in the United States.” Cathay has been designated by the HKSAR 

government to serve the relevant routes. 

 4. Under 49 U.S.C. § 40109(c), the Department may grant an 

exemption if it finds that such a grant is consistent with the public interest. 

It is clear that the designation of a carrier by its homeland government is the 

most significant factor in determining whether grant of an application is in 

the public interest. See Linea Aerea Nacional de Chile, Foreign Permit, 26 

C.A.B. 604 (1958); Application of Aerovias Venezolanas S.A., Order 86-8-88 at 

3; and, Aerolineas Peruanas Foreign Permit, 31 C.A.B. 181 (1960). The same 

findings are warranted here, where Cathay has been designated for the 

relevant routes under the Agreement. Moreover, the benefits which Cathay 

service generates for business travelers, tourists, and shippers alike further 

demonstrate that renewal of the exemption is consistent with the public 

interest.