BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of ) ) Docket No. OST-2020- CO., LTD. ) ) For an exemption pursuant to 49 U.S.C. § 40109 ) and a foreign air carrier permit pursuant ) to 49 U.S.C. § 41301 ( – U.S.) ) )

APPLICATION OF STARLUX AIRLINES CO., LTD FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

Josh Romanow PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 20036 Phone: +1-202-663-8000 Email: [email protected]

Counsel for STARLUX Airlines Co., Ltd.

December 11, 2020

NOTE: Any person may support or oppose this Application by filing an answer and serving a copy of the answer on counsel for STARLUX Airlines Co., Ltd. and upon each person served with this application. Answers to the exemption application are due by December 26, 2020; answers to the permit application are due by January 1, 2021. STARLUX Airlines Co., Ltd. intends to poll on this application and will advise the Department of the results. BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of ) ) Docket No. OST-2020- STARLUX AIRLINES CO., LTD. ) ) For an exemption pursuant to 49 U.S.C. § 40109 ) and a foreign air carrier permit pursuant ) to 49 U.S.C. § 41301 (Taiwan – U.S.) ) )

APPLICATION OF STARLUX AIRLINES CO., LTD FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

STARLUX Airlines Co., Ltd. (“STARLUX”), an air carrier of Taiwan, hereby applies,

under the provisions of 49 U.S.C. § 41301, and Subparts B and C of the Department’s Rules of

Practice in Proceedings (14 C.F.R. §§ 302.201 and 302.301, et seq.), Part 211 of the

Department’s Economic Regulations (14 C.F.R. Part 211), and the Department’s streamlined

licensing procedures,1 for an exemption and foreign air carrier permit authorizing it to engage in scheduled and charter foreign air transportation of persons, property and mail from points behind

Taiwan, via Taiwan and intermediate points, and any point or points in the United States, and beyond to the full extent permitted by the open skies Air Transport Agreement between the American

Institute in Taiwan and the Economic and Cultural Representative Office of 1997; and other charters pursuant to the prior approval requirements set forth in the Department’s regulations.

STARLUX requests the exemption authority sought herein remain in effect until the Department

issues STARLUX the foreign air carrier permit requested herein.

1 See Notice in Docket OST-2005-22228 (Aug. 23, 2005).

1 In support of its application, STARLUX states as follows:

1. The applicant’s full name is STARLUX Airlines Co., Ltd. Its principal place of

business is 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114,

Taiwan R.O.C.. STARLUX is a corporation established under the laws of Taiwan.

STARLUX’s Certificate of Incorporation is attached hereto as Exhibit A. 211.20(a)

2. The government air transport authority having jurisdiction over STARLUX is the

Civil Aeronautics Administration, MOTC R.O.C. (“CAA”). The address of CAA is

as follows: No. 340, Dunhua N. Rd. Taipei City 10548, Taiwan (R.O.C.). 211.20(b)

3. Authority Requested: STARLUX seeks authority to conduct scheduled and charter

foreign air transportation of persons, property, and mail from points behind Taiwan,

via Taiwan and intermediate points, to a point or points in the United States, and

beyond, as well as other charters pursuant to Part 212 of the Department’s

regulations.

4. STARLUX proposes to commence service on the Taipei (TPE) – Los Angeles

(LAX) route in 2022 and intends to operate A350-900 aircraft with 306 seats.

211.20(c)

5. Management: A summary of STARLUX’s management is attached hereto as Exhibit

B. 211.20(d)

6. Statement of Ownership: Information on the ownership of STARLUX is attached

hereto as Exhibit C.

7. STARLUX neither directly nor indirectly has any interest in any of the entities listed

2 below2: 211.20(f).

A. Any US carrier; B. Any other foreign carrier; C. Any persons engaged in the business of aeronautics; and D. Any common carrier, or any person whose principal business is the holding stock in, or control, of any air carrier.

8. STARLUX is a citizen of Taiwan. All of STARLUX’s management and key

personnel are citizens of Taiwan. There is no government ownership. 211.20(g)

9. STARLUX’s insurance meets the minimum requirements set forth in 14 C.F.R. 205.

A copy of STARLUX’s OST Form 6411, Certificate of Insurance is attached hereto

as Exhibit D. 211.20(h)

10. A copy of the STARLUX Air Operating Certificate is attached as Exhibit E.

211.20(i). Also attached as Exhibit E is a copy of STARLUX’s business license.

211.20(i)

11. Operating History: Exhibit F provides additional background information on

STARLUX and its operations, including route structure. 211.20(j)

12. Fleet Composition: STARLUX’s fleet is described in more detail in Exhibit G.

211.20(k)

13. Maintenance: STARLUX’s base and line maintenance services are provided at

Taoyuan and Tainan, Taiwan and are performed by Engineering & Maintenance

Division of STARLUX and Air Asia Co. Ltd (FAA Vert. No. FY4Y197M).

STARLUX’s maintenance program complies with the provisions of the ICAO Pilots

and Airmen Annexes I, 6 (Part I), and 7. 211.20(l)

2 The Chairman of Starlux personally owns stocks of EVA Airways, UNI Airways and other airline-industry-related funds.

3 14. Agreements: No cooperative arrangements or other agreements between STARLUX

and any U.S. or foreign air carrier would affect the services that STARLUX proposes

in this application. 211.20(m)

15. A required financial summary is attached hereto as Exhibit H. 211.20(n)

16. STARLUX receives no financial assistance from the Taiwan Government. Due to

the pandemic challenges, the Taiwan Government provided a bailout loan over 1M

US dollars for STARLUX, and subsidized the interest rate of the loan. 211.20(o)

17. A forecast of traffic and financial results for the first full year of the proposed service

is attached hereto as Exhibit I. 211.20(p)

18. Designation: The authority requested herein is consistent with the terms of the Air

Transport Agreement between the United States and Taiwan. A copy of the formal

designation is attached as Exhibit J. 211.20(q)

19. Taiwan’s Policy with United States Carriers: It is STARLUX’s understanding that

Taiwan would authorize services similar to those requested herein for a U.S. carrier

under the bilateral agreement. STARLUX’s new service will provide additional

travel opportunities to citizens of both the U.S. and Taiwan, serve the interests of

comity and reciprocity, benefit travelers in both countries, and will, therefore, serve

the public interest.3 211.20(r)

20. Tariff Violations/Accidents: STARLUX has not been involved in any safety or tariff

violations or any fatal accidents in the past five years. 211.20(s)

21. Waiver of Warsaw Convention Liability Limits: A copy of STARLUX’s OST Form

3 See S. REP. NO. 96-329, at 4 (1979), reprinted in 1980 U.S.C.C.A.N. 54, 57 (“[T]he negotiation of a bilateral agreement itself represents a determination by the Government of the United States that the grant of route authority provided for under the bilateral is in the ‘public interest.’”).

4 4523 is attached hereto as Exhibit K. 211.20(t)

22. Foreign Air Carrier Family Support Act Plan: STARLUX’s plan will be submitted to

the National Transportation Safety Board, with a copy to the appropriate docket at

the Department. A copy is attached as Exhibit L.

23. Summary of Passenger Manifest Information Collection Procedures: STARLUX will

collect the passenger manifest information required by 14 C.F.R. § 243 and will

transmit that information to the U.S. Department of State in the event of an aviation

disaster. A summary of STARLUX’s procedures is attached as Exhibit M.

24. Fuel Consumption: The operation proposed by STARLUX will not result in a near

term increase in fuel consumption of ten million gallons or more. Consequently,

grant of the authority requested herein will not constitute a “major regulatory action”

under the Energy Policy and Conservation Act of 1975, as defined in 14 C.F.R. §

313.4 (a)(1).

25. Verification: The verification required by 14 C.F.R. 302.4 (b) is attached hereto as

Exhibit N.

26. STARLUX will be working with the FAA International Field Office in New York to

obtain its Part 129 Op Specs as quickly as possible.

For the reasons set forth above, STARLUX is fully qualified to operate the services for which authority is here requested, and grant of the requested authority will serve the public interest. STARLUX requests that the exemption requested herein remain in effect until the

Department issues a foreign air carrier permit.

5 WHEREFORE, based upon the foregoing information, STARLUX respectfully requests that it be granted an exemption and foreign air carrier permit to engage in scheduled and charter foreign air transportation of persons, property and mail as more fully described above.

Respectfully submitted,

Josh Romanow PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth Street, NW Washington, DC 20036 Phone: +1.202.663.8000 Email: [email protected]

December 11, 2020 Counsel for STARLUX Airlines Co., Ltd.

6 CERTIFICATE OF SERVICE

The undersigned certifies that on December 11, 2020 the application of STARLUX Airlines Co., Ltd. for Exemption and Foreign Air Carrier Permit, was served by electronic mail on the individuals identified below:

Robert Wirick Naveen Rao John Williams Atlas Air Inc. American Airlines [email protected] [email protected] [email protected] Anita Mosner Marina O’Brien Steve Morrissey Benjamin Slocum Dan Weiss UPS Amna Arshad [email protected] United Air Lines [email protected] [email protected] [email protected] [email protected] [email protected] Robert Silverberg Jeff Johnson Chris Walker ABX Air, Inc. Alex Krulick [email protected] Steven Seiden [email protected] Delta Air Lines [email protected] Clifton Peterson [email protected] Federal Aviation Administration [email protected] [email protected]

Sandra Lunsford Robert Finamore Anne Bechdolt Ben Taylor Brian Hedberg Kristen Davis Federal Express Corporation Department of Transportation [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

Mark W. Atwood Kalitta Air /s/Melinda A. Hernandez [email protected] Melinda A. Hernandez

Kevin Montgomery Polar Air [email protected]

7 TABLE OF EXHIBITS

Exhibit A Certificate of Incorporation Exhibit B Management & Key Personnel Exhibit C Ownership Exhibit D OST Form 6411, Foreign Air Carriers Certificate(s) of Insurance Exhibit E Air Operator Certificate and Operating License Exhibit F Background, Operations, and International Route Structure Exhibit G List of Aircraft Exhibit H Financial Summary Exhibit I Forecast of Traffic and Financial Results Exhibit J Designation Exhibit K OST Form 4523, Waiver of Warsaw Convention Liability Limits Exhibit L Foreign Air Carrier Family Support Act Plan Exhibit M Summary of 14 C.F.R. 243 Procedures (Passenger Manifest Collection Procedures) Exhibit N Verification

7 EXHIBIT A

CERTIFICATE OF INCORPORATION

(Attached.)

Exhibit A-1 Exhibit A-2 EXHIBIT B

MANAGEMENT & KEY PERSONNEL

Name: CHANG, KUO-WEI Title: Chairman Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 6688 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: CHAI, CHIEN-HUA Title: Chief Executive Officer Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 6699 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: LIU, YUN-FU Title: Chief Strategy Officer Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 6300 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: KUO, TSANG-LUNG Title: Chief Corporate Safety Officer Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 6901 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: CHEN, CHIEN-CHOU Title: Director of Finance Division Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 8808 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Exhibit B-1 Name: CHANG, YU-TANG Title: Vice President of Passenger Sales and Marketing Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 8000 Citizenship: Taiwan Cousin of Chairman

Name: TUNG, HUEI-LING Title: Vice President of Cabin Crew Division Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 3500 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: LIEN, CHIEH-CHENG Title: Executive Vice President of Engineering and Maintenance Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 5000 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: LEE, CHUNG-NING Title: Vice President of Flight Operations Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 3000 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: HUANG, PEI-PEI Title: General Counsel Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 5000 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Exhibit B-2 Name: WU, CHUN-HUNG Title: Chief Human Resources Officer Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 6700 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: LEE, MING-CHIEH Title: Vice President of Airport Operation Division Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 2800 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: CHANG, LIH-LIH Title: Vice President of Cabin Services Division Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 7200 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: CHUANG, LENG-YUAN Title: Chief Information Officer Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 2 2791 1000 ext. 7600 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Name: WANG, CHIH-LI Title: Vice President of Ground Handling Division Business Address: 15F., No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City 114, Taiwan Phone Number: +886 3 2601 866 ext. 2000 Citizenship: Taiwan Not related by blood or marriage to any other individual(s) listed in Exhibit B.

Listed above are the key personnel related to the application for an exemption and foreign air carrier permit.

Exhibit B-3 EXHIBIT C

OWNERSHIP

Name: STARLUX INVESTMENTS LIMITED Address: 6F., No. 153, Sec. 1, Xinsheng S. Rd., Da’an Dist., Taipei City 106, Taiwan (R.O.C.) Citizenship: Taiwan Number of shares owned: 376,000,000 96.88% of the shares are owned by CHANG, KUO-WEI, chairman of STARLUX Airlines Co., Ltd.

Name: STARWAY DEVELOPING INVESTMENTS LIMITED Address: 6F., No. 153, Sec. 1, Xinsheng S. Rd., Da’an Dist., Taipei City 106, Taiwan (R.O.C.) Citizenship: Taiwan Number of shares owned: 375,000,000 95.00% of the shares are owned by CHANG, KUO-WEI, chairman of STARLUX Airlines Co., Ltd.

Shareholders listed above combined own 89.75% of the total shares of STARLUX Airlines Co., Ltd.

Exhibit C-1 EXHIBIT D

OST FORM 6411 FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE

(Attached.)

Exhibit D-1 Exhibit D-2 Exhibit D-3 EXHIBIT E

AIR OPERATOR’S CERTIFICATE AND OPERATING LICENSE

(Attached.)

Exhibit E-1 Exhibit E-2 Exhibit E-3 EXHIBIT F

BACKGROUND, OPERATIONS AND INTERNATIONAL ROUTE STRUCTURE

Background

Nov 2016 Company founder K.W. Chang formally announced plans to establish STARLUX Airlines.

Sep 2017 Headquarters established at No. 382 Section 6 Nanjing East Road, Taipei, Taiwan.

May 2018 Received the official business registration certificate.

Oct 2019 1st A321neo delivery.

Dec 2019 Air Operator Certificate (AOC) issued to STARLUX Airlines by CAA Taiwan.

Jan 2020 STARLUX Airlines fully operational, launched 3 routes (TPE-MFM, TPE-DAD, TPE-PEN.)

International Route Structure

# Route Country Region Inauguration Date Status 1 TPE-MFM-TPE , China CHN 23-Jan-2020 Launched 2 TPE-DAD-TPE SEA 23-Jan-2020 Launched 3 TPE-PEN-TPE SEA 23-Jan-2020 Launched 4 TPE-BKK-TPE SEA 1-Dec-2020 Launched 5 TPE-KIX-TPE JAK 15-Dec-2020 Launched 6 TPE-NRT-TPE Japan JAK 16-Dec-2020 Launched 7 TPE-KUL-TPE Malaysia SEA 5-Jan-2021 Planned 8 TPE-SGN-TPE Vietnam SEA 24-Feb-2021 Planned 9 TPE-CEB-TPE SEA 28-Mar-2021 Planned 10 TPE-OKA-TPE Japan JAK TBD Planned

Exhibit F-1 EXHIBIT G

LIST OF AIRCRAFT

Registration Serial Country of Item Fleet Status Lessor Number Number Registration 1 A321neo B-58201 09208 Leased GECAS Taiwan 2 A321neo B-58202 09314 Leased GECAS Taiwan 3 A321neo B-58203 09147 Leased GECAS Taiwan 4 A321neo B-58204 10077 Leased GECAS Taiwan 5-13 A321neo N Planned - 14-21 A330-900 N Planned - 22-31 A350-900 N Planned - 32-39 A350-1000 N Planned -

Exhibit G-1 EXHIBIT H

FINANCIAL SUMMARY

Exhibit H-1 Exhibit H-2 Exhibit H-3 EXHIBIT I

FORECAST OF TRAFFIC AND FINANCIAL RESULTS TPE-LAX-TPE 1. Operation Plan for Passenger Service (Available Seats and Frequencies) 2023 Route & Frequency / Week 7 Load Factor (E) 75.3% Frequency / Year 365 Available Seats / Year 223,380 Expected Passenger transported 168,205 2. Operation Profit (E) and its calculation basis Unit: USD A. Operation Plan (E) 2023 Frequency / Year 365 B. Year-round Transport Plan (E) Unit: USD 2023 Weekly Frequency / Week 7 Load Factor 75.3% Total Revenue 121,186,582 C. Operating Profit for the First Year of Operation (E) Unit: USD Per Round Trip 2023 Passenger Revenue 274,740 Cargo Revenue 50,494 Other Revenue 6,784 Cost of Goods Sold 206,766 Operating Expenses 113,912 Operating Profit 11,340 Year-Round 2023 Passenger Revenue 100,280,251 Cargo Revenue 18,430,223 Other Revenue 2,476,108 Cost of Goods Sold 75,469,557 Operating Expenses 41,577,975 Operating Profit 4,139,050

Exhibit I-1 EXHIBIT J

DESIGNATION

(Attached.) ORIGINAL Letter of Civil Aeronautics Administration Ministry of Transportation and Communications

11470 Address of CAA: 15F, No. 382, Sec. 6, Nanjing E. Rd., Neihu Dist., Taipei City No. 340, Dunhua N. Rd., Taipei Recipient: STARLUX AIRLINES CO., LTD. Fax: 02-2349-6031 Contact: Chin Tsou Phone: 02-2349-6030 Email: [email protected]

Date of Issuance: 10 November 2020 Reference Number: CAA-PLANNING-1097000661 Category: General Confidentiality: Confidential (Confidentiality will be waived on 31 December 2030) Attachment:

Subject: STARLUX AIRLINES’ application of the traffic rights for scheduled passenger flights on 15 Taiwan-US routes. Please see the following and take appropriate actions.

Description: 1. In accordance with the letter (Reference No.: MOTC-AVIATION-1097100981) from the Ministry of Transportation and Communications, dated 5 November 2020 and in reply to the letter (Reference No: STARLUX-CPD-109080) from STARLUX AIRLINES, dated 3 September 2020.

2. Ministry of Transportation and Communications has approved STARLUX AIRLINES’ application of the traffic rights for scheduled passenger flights on 15 routes: TPE-LAX, TPE-SFO, TPE-GUM, TPE-HNL, TPE-SEA, TPE-SJC, TPE- ONT, TPE-JFK, TPE-EWR, TPE-IAD, TPE-IAH, TPE-ORD, TPE-DFW, TPE- MIA, and TPE-BOS. Please proceed with the procedures of the civil aviation authorities of both countries.

Original: STARLUX AIRLINES CO., LTD. Copy: Ministry of Transportation and Communications, , EVA Airways, UNI Airways, , Taiwan, Air Transport Division of CAA, Flight Standards Division of CAA, Planning Division of CAA Director General of CAA LIN, KUO-SHIAN

Exhibit J-1 Exhibit J-2 EXHIBIT K

OST FORM 4523 WAIVER OF WARSAW CONVENTION LIABILITY LIMITS

(Attached.)

Exhibit K-1 Exhibit K-2 EXHIBIT L

Family Assistance Plan

1. STARLUX Airlines Co., Ltd. will publicize through local, national and international news media a reliable, toll-free telephone number and shall provide sufficient staff to accept telephone calls on such number from families of passengers involved in an aircraft accident resulting in a major loss of life.

2. As soon as information becomes available on each passenger, STARLUX Airlines Co., Ltd. will notify that passenger’s family, subject to the provisions of Section 3 of this Family Assistance Plan. Notification to family members will be made prior to release of the passenger’s name to the public and, to the extent practical, in person. Such notification will be made by (i) suitably trained personnel; or (ii) the organization designated by the National Transportation Safety Board (NTSB) pursuant to 49 U.S.C. 1136(a)(2), currently the American Red Cross.

3. Notification will be made to families as soon as practicable after STARLUX Airlines Co., Ltd. has verified the identity of a passenger, whether or not the names of all of the passengers have been verified.

4. STARLUX Airlines Co., Ltd. will provide immediately upon request, and will update, a list (based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified) to the director of family support services designated for the accident by the NTSB under 49 U.S.C. 1136(a)(1) and the organization designated by the NTSB pursuant to 49 U.S.C. 1136(a)(2), currently the American Red Cross.

5. STARLUX Airlines Co., Ltd. will consult with the family of each passenger about the disposition of any remains and personal effects of the passenger that are within STARLUX Airlines Co., Ltd.’s control.

6. If requested by the family of a passenger, STARLUX Airlines Co., Ltd. will return to the family any possession (regardless of its condition) of that passenger that is within STARLUX Airlines Co., Ltd.’s control, unless the possession is needed for the accident investigation or a criminal investigation.

7. STARLUX Airlines Co., Ltd. will retain for not less than eighteen (18) months after the date of the accident any unclaimed passenger possession that is within STARLUX Airlines Co., Ltd.’s control.

8. STARLUX Airlines Co., Ltd. will consult the family of each passenger about the construction of any monument to the passengers to be built in the United States, including any inscription on the monument.

Exhibit L-1 9. STARLUX Airlines Co., Ltd. will treat the families of nonrevenue passengers the same as the families of revenue passengers.

10. STARLUX Airlines Co., Ltd. will work with any organization designated by the NTSB pursuant to 49 U.S.C. 1136(a)(2) (currently, the American Red Cross) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident.

11. STARLUX Airlines Co., Ltd. will provide reasonable compensation to any organization designated under 49 U.S.C. 1136(a)(2) (currently, the American Red Cross) for services and assistance provided by the organization.

12. STARLUX Airlines Co., Ltd. will assist the family of any passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.

13. STARLUX Airlines Co., Ltd. will commit sufficient resources to carry out its family assistance plan.

14. STARLUX Airlines Co., Ltd. will provide adequate training to its employees and agents to meet the needs of survivors and family members following an accident.

15. In the event STARLUX Airlines Co., Ltd. volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving a major loss of life, STARLUX Airlines Co., Ltd. will consult with the NTSB and the Department of State on the provision of assistance.

16. STARLUX Airlines Co., Ltd. will, in the case of an accident that results in significant damage to a man-made structure or other property on the ground that is not government- owned, promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.

At a minimum, the written notice shall advise an owner to (i) contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) not rely on unofficial information offered by STARLUX Airlines Co., Ltd. for accident- site property damage; and (iii) obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.

17. STARLUX Airlines Co., Ltd. will, in the case of an accident in which the NTSB conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of STARLUX Airlines Co., Ltd.’s flight if that city is located in the United States.

Exhibit L-2 EXHIBIT M

SUMMARY OF 14 C.F.R. 243 PROCEDURES (PASSENGER MANIFEST COLLECTION PROCEDURES)

Introduction

This summary is submitted by STARLUX Airlines Co., Ltd. to the U.S. Department of Transportation in accordance with 14 C.F.R. Part 243.

Summary of Procedures

For each covered flight segment, STARLUX Airlines Co., Ltd. shall collect, or cause to be collected, the full name of each passenger who is a U.S. citizen. Any U.S. citizen who does not provide this information will not be permitted to board.

STARLUX Airlines Co., Ltd. will request an emergency contact telephone number and name from U.S. citizen passengers. As the provision of this information is voluntary, STARLUX Airlines Co., Ltd. will not deny boarding to any passenger who refuses to provide it.

STARLUX Airlines Co., Ltd. shall store the information collected pursuant to the above procedures until passengers on the covered flight segment disembark. This information will be kept confidential and will not be used for purposes other than those described herein or disclosed to any entity except as required and permitted by law.

In the event of an aviation disaster, STARLUX Airlines Co., Ltd. shall contact the Managing Director of Overseas Citizen Services, Bureau of Consular Affairs, U.S. State Department, by telephone. Not later than three hours after confirmation of such a disaster, STARLUX Airlines Co., Ltd. shall transmit to the U.S. State Department and, upon request, the National Transportation Safety Board, the information collected in accordance with these procedures.

24 Hour Contact Information

STARLUX Airlines Co., Ltd.’s 24-hour operations center is located in TPE Taoyuan International Airport Terminal 2, Boarding Gate No# C4, Taiwan. Any agent of the U.S. government may contact operations center personnel at any time by dialing either +886-3-260-1877 (Ext. 3110) Dispatch Center OIC / STARLUX Flight Control Section. +886-3-260-1877 (Ext. 3111) Duty Dispatcher / STARLUX Flight Control Section.

Exhibit M-1 EXHIBIT N

VERIFICATION

Exhibit N-1