BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Joint Application of )

)

CATHAY PACIFIC AIRWAYS LIMITED )

and ) Docket OST-2014-

MALAYSIA AIRLINES )

)

under 14 CFR Part 212 for statements of )

authorization (code-sharing) )

__________________________________________)

JOINT APPLICATION OF CATHAY PACIFIC AIRWAYS LIMITED

AND MALAYSIA AIRLINES FOR

STATEMENTS OF AUTHORIZATION

Communications with respect to this document should be sent to:

John R. Mietus, Jr.

LAW OFFICE OF JOHN MIETUS, LLC

6701 Democracy Boulevard Ste 300

Bethesda, Maryland 20817

(202) 747-5212

john@mietuslaw.com

Counsel for CATHAY PACIFIC

AIRWAYS LIMITED

Charles J. Simpson, Jr.

David M. Endersbee

ZUCKERT, SCOUTT & 

RASENBERGER, LLP

888 Seventeenth Street NW Ste 700

Washington DC 20006

(202) 973-7926

cjsimpson@zsrlaw.com

dmendersbee@zsrlaw.com

Counsel for MALAYSIA AIRLINES

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

and serving a copy of the answer on counsel for the Joint Applicants and upon 

persons served with this application no later than May 14, 2014. THE JOINT 

APPLICANTS INTEND TO POLL.

May 7, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Joint Application of )

)

CATHAY PACIFIC AIRWAYS LIMITED )

and ) Docket OST-2014-

MALAYSIA AIRLINES ) May 7, 2014

)

under 14 CFR Part 212 for statements of )

authorization (codesharing) )

__________________________________________)

JOINT APPLICATION OF CATHAY PACIFIC AIRWAYS LIMITED

AND MALAYSIA AIRLINES FOR

STATEMENTS OF AUTHORIZATION

Cathay Pacific Airways Limited (“Cathay”) and Malaysia Airlines 

(“MAS”) hereby apply for statements of authorization pursuant to Part 212 of 

the Department’s Economic Regulations, 14 C.F.R. Part 212, to engage in 

certain transpacific code-sharing services in the Kuala Lumpur – Hong Kong 

– U.S. market as described in paragraph 2 below. Because Cathay and MAS 

wish to begin these code-sharing services in the near future, the Joint 

Applicants request a waiver of the 45-day advance filing requirement of 14 

C.F.R. § 212.10(d)(2) and will poll U.S. carriers served with this application 

as to their position.
Cathay and MAS

Joint Application

Page 2

In support of this Joint Application, the Joint Applicants state as 

follows:

1. The Joint Applicants are members of the oneworld alliance, and 

each operates transpacific services to and from the United States. Cathay

holds an exemption authorizing 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. 

Notice of Action Taken dated March 20, 2014 in Docket OST-2003-14493. 

MAS holds a foreign air carrier permit authorizing 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. Order 2002-9-26.

2. The Joint Applicants now wish to place the “MH” designator code of 

MAS on Cathay’s transpacific services. Cathay therefore requests a 

statement of authorization permitting it to place the “MH” designator code of 

MAS on Cathay’s flights between Hong Kong and Cathay’s authorized U.S. 

gateways; Cathay currently operates combination service from Hong Kong to 

Chicago, Los Angeles, New York, and San Francisco. Cathay and MAS also 

code-share on each other’s flights between Hong Kong and Kuala Lumpur. 

To the extent the Department deems it necessary, the Joint Applicants 

therefore also request a statement of authorization for each to display the 
Cathay and MAS

Joint Application

Page 3

other’s designator code on its Hong Kong-Kuala Lumpur flights for the 

purpose of carrying code-share passengers connecting in Hong Kong and 

originating in or destined for the United States. See Notice of Action Taken 

dated Dec. 20, 2001 in Docket OST-2001-11127 (All Nippon Airways/Thai 

Airways).

3. The proposed code-share service is consistent with the 2002 U.S.-

Hong Kong Memorandum of Understanding and the 1997 U.S.-Malaysia 

bilateral aviation agreement, which authorize third-country code-sharing in 

paragraph 4.1 and article 8(7), respectively. The proposed service is also in 

the public interest, as it will offer additional service options for the traveling 

public.

4. The Joint Applicants request that the statements of authorization 

sought herein remain in effect for an indefinite period, and they will accept 

the Department’s standard code-share conditions as to the requested 

statements of authorization.