Hello all: With respect to Tom Ronell's post, asking if Mr. Kirby read the US-China bilateral, the DOT recited the pertinent point in their order:
"Article 2(4) of the Agreement explicitly stipulates that '[t]he operation of the agreed services by the designated airline(s) on routes over third countries shall be conducted on routes available to the airlines of both Parties, unless otherwise agreed. Article 2(4) was included in the Agreement at the express desire of the United States to prevent competitive imbalances arising between U.S. and Chinese air carriers as a result of unequal access to third-country airspace.'" -Order 2025-10-3, page 2 (footnote omitted). In addition, the DOT's statutory public interest authority gives it the ability to place conditions on air carrier permits, which it does as a matter of course. DOT cited that authority as well: Section 41304(a) provides, in pertinent part, that "[a]fter notice and an opportunity for a hearing, the Secretary may amend, modify, suspend, or revoke the permit if the Secretary finds that action to be in the public interest." Section 41305(b) provides that "[t]he Secretary may impose terms for providing foreign air transportation under the permit that the Secretary finds may be required in the public interest." Section 40109(c) provides, in pertinent part, that "the Secretary may exempt to the extent the Secretary considers necessary . . . when the Secretary decides that the exemption is consistent with the public interest." -Order 2025-10-3, page 3, Footnote 3. I'm a long-time reader and admirer of this forum, and since my day job caused me to look at this point closely, I'm happy to contribute here for the good of the cause. Thanks, everyone. Dave Semanchik
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