Order 2014

- 8

- 21

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 27 th day of June, 20 1 4

Served: August 28

, 20 1 4

Appl ication of

CHINA SOUTHERN AIRLINES COMPANY

LIMITED Docket DOT

- OST

- 1996

- 2008

for an exemption under 49 U.S.C. §40109 and an amended

foreign air carrier permit under 49 U.S.C. §41301

FINAL O RDER

By Order 2014

- 6

- 2 , issued June 5, 2014

, we directed all interested persons to show cause why we

should not make final our tentative findings and conclusions stated therein and award a n

amended foreign air carrier permit in the form attached to the Or der and subject to the conditions

attached thereto. We gave interested persons 21 days to file objections to the Order. We said

that if no objections were filed, all further procedural steps would be deemed waived, and the

Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which

would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stat ed in the Order and award to China

Southern Airlines Company Limited the amended foreign air carrier permit with associated

conditions attached to the Order (and attached as the Appendix to the present order)

, subject also

to the charter prior approval con ditions previously placed on China Southern Airlines Company

Limited by Order 2001

- 11

- 4;

2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order

shall become effective on the 61 st day after its submission for sectio n 41307 review or upon the

date of receipt of advice from the President or his designee under Executive Order 12597 and2

implementing regulations that he or she does not intend to disapprove the Department’s order

under that section, whichever occurs earlie r; 1

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket

DOT

- OST

- 1996

- 2008 ; and

4 . We will serve a copy of this order on China Southern Airlines Company Limited

, the

Embassy of the People’s Republic of China in Washington, D.C. , the Department of State, and

the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

1 This order was submitted for review under 49 U.S.C . §41307 on June 27, 2014

. The 61 st day is August 27, 2014.

Since the President or his designee did not disapprove this order before that date, it became effective on

August 27, 2014

.Issued by

Order 201 4

- 8

- 21

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.



### ----------------------------------------------------------------------------

PERMIT TO FOREIGN AIR CARRIER

(as amended)



### -- ---------------------------------------------------------------------------



### China Southern Airlines Company Limited

A Foreign Air Carrier of the People’s Republic of China

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code,

and the orders, rules, and regulations of the Department of Transportation, to engage in foreign

air transportation as follows:

A. Scheduled foreign air transportation of persons, property, and mail b etween : 1)

Guangzhou , People’s Repub lic of China, and the terminal point Los Angeles,

California ; and 2) Guangzhou, People ’ s Republic of China, and New York, New

York.

B. Scheduled foreign air transportation o f p roperty and mail between Shenzhen

, People’s Republic of China, and the coterminal points Anchorage, Alaska, and

Chicago, Illinois

.

The holder shall also be authorized to engage in charter trips in foreign air transportation, subject

to the terms, conditions, and limitations of the Department’s regulations governing charters.

This per mit and the exercise of the privileges granted in it shall be subject to the terms,

conditions and limitations in both the order issuing this permit and the attachment to this order,

and to all applicable provisions of any treaty, convention or agreement a ffecting international air

transportation now in effect, or that may become effective during the period this permit remains

in effect, to which the United States and the holder’s homeland are or shall become parties.

This permit shall be effective on Augu st 27 , 201 4 . Unless otherwise terminated at an earlier date

pursuant to the terms of any applicable treaty, convention or agreement, this permit shall

terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon

the effe ctive date of any treaty, convention, or agreement or amendment, which shall have the

effect of eliminating the bilateral right for the service authorized by this permit from the service

which may be operated by airlines designated by the People’s Republic of China (or, if the rightis partially eliminated, then the authority of this permit shall terminate in like part); (3) upon the

effective date of any permit granted by the Department to any other carrier designated by the

Peoples’ Republic of China in l ieu of the holder; or (4) upon the termination or expiration of the

applicable air services agreement between the United States and the People’s Republic of China.

However, clause (4) of this paragraph shall not apply if prior to such termination or expir ation,

the foreign air transportation authorized herein becomes the subject of another treaty, convention

or agreement to which the United States and the People’s Republic of China become parties.

The Department of Transportation has executed this permit and affixed its seal on June 27 , 201 4

.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Foreign Air Carrier Permit Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct a ny operations unless it holds a currently effective authorization from its homeland for such

operations, and it has filed a copy of such authorization 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

limited 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 Intern ational Industry Representative (IIR) (formerly referred to as International Principal

Security Inspector) to advise the IIR of its plans and to find out whether the Transportation Security

Administration has determined that security is adequate to allow s uch airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to

the commencement of any operations under this authority, file evidence of such coverage, in the form of a

completed O ST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260),

Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unle ss it complies with operational safety requirements at least

equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air

services;

(6) Except as specifical ly exempted or otherwise provided for in a Department Order, comply with the

requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sove reign 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 transportatio n 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

und er any international agreement or treaty cognizable in any court or other tribunal of the United States. In this

condition, the term "international air transportation" means "international transportation" as defined by the Warsaw

Convention, except that a ll States shall be considered to be High Contracting Parties for the purpose of this

definition;

(8) Except as specifically authorized by the Department, 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 govern ing 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.

12/2007