Served: February 17, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Joint Application of

AMERICAN AIRLINES, INC. AND JAPAN AIRLINES INTERNATIONAL CO., LTD.

under 49 U.S.C. §§ 41308-41309 for approval of and antitrust immunity for alliance agreements

Docket DOT-OST-2010-0034

NOTICE

On February 12, 2010, American Airlines and Japan Airlines (collectively, the “Joint Applicants”) sought new authority from the Department to launch a joint venture alliance.

Access to Documents

Along with their application, the Joint App licants filed a motion under 14 C.F.R. § 302.12 (Rule 12) of the Department’s regulations seeking confidential treatment for supporting documents and information. They state that th is material is confidential, proprietary, and commercially sensitive, which qualifies it for bei ng withheld from public disclosure. They ask that access to this material be limited to counsel and outside experts who have filed valid confidentiality affidavits. 1

In order to afford interested parties prompt access to the documents in the record, we will grant

immediate interim access to all documents covere d by the Rule 12 motion to counsel and outside experts for interested parties who file appropria te affidavits with the Department in advance. 2
Moreover, Parties will be permitted to make copies of the documents, at the Dockets facility, for use by persons who have filed confidentiality affi davits. We also find it appropriate to grant interim access to any subsequent materials that may be filed in this case under a Rule 12 motion under the same terms, unless the party filing the motion objects.

We expect all affidavits to state, at a minimum, that (1) the affiant is counsel for an interested party or an outside independent expert providing se rvices to such a party; (2) the affiant will use the information only for the purpose of participati ng in this proceeding; and (3) the affiant will disclose such information only to other pers ons who have filed a valid affidavit in the

1 See Motion of the Joint Applicants for Confidential Treatment.

2 See, e.g., Delta/Northwest/Air France/KLM/Alitalia/Czech , OST-2007-28644 (Notice providing access to documents (July 3, 2007).2

appropriate docket for this case. Affiants and interested parties must understand and agree that any pleading or other filing that includes or di scusses information contained in the covered documents must itself be accompanied by a Rule 12 motion requesting confidential treatment.

Affidavits must be filed in Docket OST- 2010-0034 with the Department of Transportation, Dockets, Room W12-140, 1200 New Jersey Avenue, SE, Washington, D.C. 20590.

Affiants may examine the documents at the De partment of Transportation at the Dockets location. Affiants must present a stamped copy of the affidavit filed with the Department of Transportation before examination of the documents. Immediately after the completion of any judicial review of our final decision in this doc ket or the expiration of the 60-day period within which a person may petition for judicial review , all persons who have filed confidentiality affidavits in this proceeding are hereby directed to file a further affidavit stating that all copies of the applicants’ confidential materials have been destroyed or returned to the applicants.

Suspension of Procedural Schedule

Finally, we suspend the procedural schedule in th is proceeding until we have determined that the record of this case is substantially complete . At that time, we will announce a procedural schedule, including an opportunity for public comment.

We will serve this notice on all persons on the service list for this docket.

By:

SUSAN L. KURLAND Assistant Secretary

for Aviation and International Affairs

Date: February 17, 2010

(SEAL)

An electronic version of this document is available at http://www.regulations.gov