UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

 Issued by the Department of Transportation on April 26, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0071

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).

Application of HAWAIIAN AIRLINES, INC. (“Hawaiian”) filed April 9, 2013 for:

XX Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property and mail between Honolulu, Hawaii, and Beijing, 

People’s Republic of China.

XX Certificate of Public Convenience and Necessity under 49 U.S.C. 41102 to provide the following service:

Scheduled foreign air transportation of persons, property and mail between Honolulu, Hawaii, and Beijing, 

People’s Republic of China.

XX Allocation of three (3) weekly U.S.-China frequencies in order to provide scheduled combination service between 

Honolulu, Hawaii, and Beijing, People’s Republic of China.1 2

Applicant rep: Jonathan B. Hill (202) 776-2000 DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted request for exemption authority (subject to conditions; see below)

XX Deferred on request for certificate authority3

XX Granted request for allocation of three frequencies (subject to conditions; see below)

The above action granting exemption authority was effective when taken: April 26, 2013 through April 26, 2015.

The above action deferring on the carrier’s request for certificate authority was effective when taken: April 26, 2013.

The above action allocating frequencies to Hawaiian was effective when taken: April 26, 2013, and will remain in 

effect indefinitely, subject to the conditions below. 

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the Air Transport Agreement, as amended, between the

United States and the People’s Republic of China.

 1 Hawaiian states that it plans to initiate this service on or about April 16, 2014. 2 Hawaiian also requests designation as a U.S. combination carrier under the U.S.-China Air Transport Agreement. That request is 

being handled separately through diplomatic channels. 

3 We will handle Hawaiian’s request for certificate authority separately. 
Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

_____________________________________________________________________________ Remarks: With our action here, there are 25 United States-People’s Republic of China combination 

frequencies available for allocation to U.S. carriers.

Conditions: Consistent with our standard practice in awarding frequencies, we will allow a 10-day leeway in

the proposed start-up date for Hawaiian. We will allow Hawaiian to inaugurate service with the frequencies

allocated here within 10 days of April 16, 2014 (i.e., by April 26, 2014). Failure to inaugurate service with a

newly allocated frequency by April 26, 2014, will result in the unused frequency reverting to the Department.

In addition, consistent with our standard practice, the allocated frequencies are subject to a dormancy condition. 

Under this dormancy condition, if any frequency allocated here is not used for a period of 90 days (once

inaugurated), the allocation with respect to that frequency would expire automatically and the frequency would

revert to the Department.

On the basis of data officially noticeable under Rule 24(g) of the Department'sregulations, we found the applicant qualified to 

provide the exemption services authorized.

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) grant of the authority was consistent with the public interest; and (3) 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 or deferred,

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
Attachment

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served; 

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage 

to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply 

with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits 

and defenses;

(6) 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, 49 CFR Part 1544. To assure compliance with 

all applicable U.S. Government requirements concerning security, the holder shall, before 

commencing any new service (including charter flights) to or from a foreign airport, contact its 

Principal Security Inspector (PSI) to advise the PSI 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;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public 

interest as may be prescribed by the Department of Transportation, with all applicable orders and 

regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance 

with the conditions imposed above.

1/2008