BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of China Eastern Airlines Corporation Limited For Exemption Author Pursuant to 49 U.S.C. § 40109 Docket OST-2015- APPLICATION OF CHINA EASTERN AIRLINES CORPORATION LIMITED. FOR PTION AUTHORITY PURSUANT TO 49 U.S.C. § 40109 Communications with respect to this document should be Evelyn D, Sahr Jonathan T. Linde Beth A. FitzPatrick ECKERT SEAMANS CHERIN & MELLOTT, LLC 1717 Pennsylvania Avenue, N.W. ‘Twelfth Floor Washington, DC 20006 (202) 659-6622 (Telephone) (202) 659-6699 (Facsimile) Attorneys for China Eastern Airlines Corporation Limited DATED: February 12, 2015 NOTICE: Counsel will poll the interested ea vrs to ensure that there are no objections to this application and will promptly notify the Department of the results.BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) China Eastern Airlines Corporation Limited ) Docket OST-2015- ) For Exemption Authority ) Pursuant to 49 U.S.C. § 40109 ) ) APPLICATION OF CHINA EASTERN AIRLINES CORPORATION LIMITED FOR EXEMPTION AUTHORITY PURSUANT TO 49 U.S.C. § 40109 China Eastern Airlines Corporation Limited (“China Eastern”), in accordance with the provisions of 49 U.S.C. § 40109(c), and Subpart C of the Department’s Rules of Practice (14 CER. § 302.301 ef seq.), asks the Department for authority authorizing it to conduct scheduled foreign air transportation of persons, property, and mail between Chengdu, People’s Republic of China, and Los Angeles, via Nanjing beginning June 30, 2015. China Eastern respectfully requests expedited treatment of this application so that marketing and sale of the flights may begin as soon as possible. China Eastern will poll the carriers on the service list and notify the Department of the results. In support of this application, China Eastern submits the following: 1. By Notice of Action Taken on December 6, 2005 in Docket OST-2005-23074, the Department granted China Eastern an exemption from 49 U.S.C. § 41301 enabling it to carry persons, property, and mail in scheduled service between any point or points in the People’s Republic of China, and Los Angeles, with all flights operating via Shanghai and/or Beijing. The Department renewed this exemption most recently on January 9, 2014. (SeeApplication for Exemption for China Eastern Airlines Corporation Limited DOT-OST-2015- February 12, 2015 Notice of Action Taken on January 9, 2014 in Docket OST-2005-23074.) China Easter filed an application for renewal on December 23, 2014 and relies upon the automatic extension provisions of the Administrative Procedures Act, 2. China Eastem is a flag carrier of the People’s Republic of China and currently holds a foreign air carrier permit authorizing scheduled foreign air transportation of persons, property, and mail between Beijing, Guangzhou and Shanghai via Tokyo or another point in Japan to Chicago, Los Angeles, San Francisco, Honolulu or Seattle, (See DOT Order 92-11- 1) 3. The grant of this authority will allow China Easter to provide valuable services that were not authorized in its original foreign air carrier permit but are in the public interest. The requested exemption authority is consistent with the United States-China Air Transport Agreement, signed September 17, 1980 (the “Agreement”), as amended by a U.S.~ China Protocol to the Agreement, signed April 8, 1999, a Memorandum of Consultations and Protocol to the Agreement, signed July 23, 2004, and the Protocol to Amend the Agreement, signed July 9, 2007.' China Eastern is fit, willing, and able to perform the services for which the exemption is sought and will operate the proposed service using A330-300 aircraft. 1 “The People’s Republic of China may designate an unlimited number of airlines to operate the agreed services ‘on China Routes A and B. Airlines designated pursuant to this subparagraph may begin services as of August 1, 2007.” (Subparagraph (d) of Paragraph (1) of Article 3 of the Protocol to Amend the Agreement, signed July 9, 2007) Route A is defined as “Any airlines designated by the Government ofthe People’s Republic of China for Route A shall be entitled to operate combination and all-cargo services with full rfc rights on the following route in both directions: From any point or points inthe People's Republic of China, via Tokyo of another point in Japan, to Anchorage, Chicago, Fairbanks, Honolulu, Los Angeles, New York, San Francisco, Seale, ‘Atlanta, Portland and two additional points inthe United States to be selected by the People's Republic of China from among U:S. airports open to scheduled intemational operations.” (Annex I, section Il ofthe U.S. China Protocol tothe Agreement, signed April 8, 1999)Application for Exemption for China Eastern Airlines Corporation Limited DOT-OST-2015- February 12, 2015 4. The renewal of this authority is in the public interest, as it will permit China Eastern to continue providing enhanced air transport services for persons traveling and shipping goods between the United States and China, WHEREFORE, China Eastem respectfully requests that the Department grant its application for exemption authority to perform the scheduled foreign air transportation described above. China Eastem also requests expedited treatment of this application, and will poll the carriers on the service list and notify the Department of the results of such polling. Dated: February 12, 2015 Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC By: (Den AA, Prt Evelyn D. Sahr Jonathan T. Linde Beth A. FitzPatrick 1717 Pennsylvania Avenue, NW Twelfth Floor Washington, DC 20006 (202) 659-6622 (Telephone) (202) 659-6699 (Facsimile) Attorneys for China Eastern Airlines Corporation Limited