Order 2013-11-8

Served: November 14, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 14th day of November, 2013

Joint application of

AMERICAN AIRLINES, INC.,

US AIRWAYS, INC.,

AMERICAN EAGLE AIRLINES, INC.,

PSA AIRLINES, INC.,

and PIEDMONT AIRLINES, INC.

for an exemption from the provisions of 49 U.S.C. 

§ 41105 pursuant to 49 U.S.C. § 40109

 Docket DOT-OST-2013-0081

 

Joint application of

AMERICAN AIRLINES, INC.,

US AIRWAYS, INC.,

AMERICAN EAGLE AIRLINES, INC.,

PSA AIRLINES, INC.,

and PIEDMONT AIRLINES, INC.

for approval of a transfer of route authority under 

49 U.S.C. § 41105

 Docket DOT-OST-2013-0082

 

Joint application of

AMERICAN AIRLINES, INC., and

LINEA AEREA NACIONAL CHILE, S.A. 

(LAN CHILE)

for approval of, and antitrust immunity for, 

alliance agreements under 49 U.S.C. §§ 41308 and 

41309

 Docket DOT-OST-1997-3285

 
2

Joint application of

AMERICAN AIRLINES, INC.,

LAN PERU, S.A., and 

LAN AIRLINES, S.A.

for approval of, and antitrust immunity for, 

alliance agreements under 49 U.S.C. §§ 41308 and 

41309

 Docket DOT-OST-2004-19964

 

Joint application of

AMERICAN AIRLINES, INC.,

BRITISH AIRWAYS PLC,

IBERIA LINEAS AEREAS DE ESPANA, S.A., 

FINNAIR OYJ, and 

ROYAL JORDANIAN AIRLINES

for approval of, and antitrust immunity for, 

alliance agreements under 49 U.S.C. §§ 41308 and 

41309

 Docket DOT-OST-2008-0252

 

Joint application of

AMERICAN AIRLINES, INC., and

JAPAN AIRLINES INTERNATIONAL CO. 

LTD.

for approval of, and antitrust immunity for, 

alliance agreements under 49 U.S.C. §§ 41308 and 

41309

 Docket DOT-OST-2010-0059

 

Joint application of

AMERICAN AIRLINES, INC., and

QANTAS AIRWAYS LIMITED

for approval of alliance agreements under 49 

U.S.C. §41309

 Docket DOT-OST-2011-0111

 

ORDER GRANTING AUTHORITY

Summary

By this order, we (1) exempt American Airlines, Inc., and American Eagle Airlines, Inc.

(together, “American”), and US Airways, Inc., PSA Airlines, Inc., and Piedmont Airlines, Inc.,
3

(together, “US Airways”) (hereinafter collectively referred to as the “Joint Applicants”), from the 

provisions of section 41105 of Title 49 of the United States Code (the Statute), to the extent 

necessary to allow the Joint Applicants to operate under the common ownership of AMR Corp. 

(“AMR”) pending the Department’s action on a contemporaneously filed de facto transfer 

application; and (2) amend certain grants of antitrust immunity issued to American and US 

Airways, subject to conditions.

BACKGROUND

On February 14, 2013, in accordance with the provisions of section 204.5 of our rules 

(14 CFR 204.5) requiring air carriers to notify us of substantial changes affecting their 

operations, AMR, the parent company of American and American Eagle, together with US 

Airways Group, Inc. (“USAG”), the parent company of US Airways, PSA, and Piedmont,

advised the Department of an agreement wherein AMR would acquire all of the outstanding 

shares of USAG. USAG would then become a wholly owned subsidiary of AMR. 

Subsequently, following a transition period, US Airways will be fully integrated into American 

with American continuing as the surviving corporation. 

EXEMPTION REQUEST

On April 17, 2013, the Joint Applicants filed the subject application in Docket DOT-OST-2013-

0081 requesting an exemption from section 41105 of the Statute. The Department has held that a 

stock acquisition resulting in common ownership and control of two or more air carriers having 

international route authority constitutes a de facto certificate transfer subject to section 41105. 

Each of the Joint Applicants holds various forms of international route authority.1

The relief requested here would allow the Joint Applicants to operate under the common 

ownership of AMR pending the Department’s action on a contemporaneously filed de facto

transfer application.2 In support of this request, the Joint Applicants state that, upon 

consummation of the transaction, American, US Airways, and their respective affiliates will 

remain separate entities and will operate as separate brands. They further contend that grant of 

the exemption request would be consistent with the past practice of the Department. 

No answers opposing the Joint Applicants’ exemption request were filed. 

We have decided to grant the Joint Applicants’ request for an exemption from the provisions of 

section 41105 until we have ruled on the de facto transfer request. The Joint Applicants 

correctly note that our grant of exemptions in cases such as this is contingent upon the air 

carriers involved, in this case American and US Airways remaining separate and independently 

operated corporations until a ruling has been made in the underlying de facto transfer case. In 

 

1 American, American Eagle, US Airways, and PSA each hold certificates of public convenience and necessity 

authorizing the air carriers to engage interstate and/or foreign scheduled air transportation of persons, property, and 

mail, as well as various other forms of foreign authority. Piedmont’s foreign authority, on the other hand, is inherent 

in the commuter authorization it holds. A complete list of the Joint Applicant’s foreign authorities is listed in 

Attachment A of this order.

2

See Docket DOT-OST-2013-0082.
4

this case, as in previous cases,3 we see no reason to withhold exemption authority pending 

Departmental action on the certificate transfer application. As long as American and US 

Airways remain separate entities, should we disapprove the proposed transfer either in whole or 

in part, AMR could divest itself of US Airways. The Joint Applicants should not construe our 

grant of this exemption as a decision to approve the related de facto transfer application or any 

aspect of that application. 

TRANSFER REQUEST

On April 17, 2013, concurrent with their exemption application in Docket DOT-OST-2013-0081, 

the Joint Applicants filed an application in Docket DOT-OST-2013-0082 for the Department’s 

approval under 49 U.S.C. § 41105 of the de facto transfer of, among other things, American’s 

antitrust immunities and joint business agreement approval.

4

 

No answers were filed.

In the transfer application, the Joint Applicants request that we extend to US Airways certain 

grants of approval and/or antitrust immunity that have been made to American. The Joint 

Applicants state that those authorities enable detailed commercial cooperation between 

American, on the one hand, and the following partners, on the other hand: (1) LAN Airlines and 

LAN Peru; (2) British Airways, Iberia, Finnair, and Royal Jordanian; (3) Japan Airlines; and 

(4) Qantas.5 Each of the foreign partners has consented to the addition of US Airways.6 

The Joint Applicants argue that extending certain grants of approval and/or antitrust immunity to 

US Airways raises no competitive issues.7 With respect to the alliances with LAN Airlines/LAN 

Peru, Japan Airlines, and Qantas, the Joint Applicants note that there are no overlapping services 

created by the addition of US Airways. We agree. US Airways does not operate to the 

homelands of those partners, namely Chile, Peru, Japan, or Australia. It has a very small 

presence in the core markets affected by American’s Latin American alliances. We see no 

significant competitive change associated with the addition of US Airways to each of these 

alliances, and thus no basis in competition policy not to grant the Joint Applicants’ request. The 

addition of US Airways’ US-to-international capacity has only a modest impact on global 

immunized alliance market shares, increasing oneworld’s share from 19% to 23%, compared to 

Star at 27% and SkyTeam at 18%. In these circumstances, we find that it is necessary to extend 

the antitrust immunity to US Airways to enable the air carriers to fully integrate their operations 

and to ensure that the public benefits of the alliances will continue.

 

3

See Order 97-9-3, p. 3; Order 97-11-8, p. 5; Order 99-4-5, p. 4; Order 2001-9-16, p. 4; and Order 2008-10-29, 

p.3.

4 The transfer of the Joint Applicants’ foreign certificates, exemptions, designations, frequencies, and

codesharing statements of authorizations will be handled in a separate order.

5

The authorities include the Department’s approval and a grant of antitrust immunity under 49 U.S.C. §§ 41308-

41309, except in the case of American/Qantas. American and Qantas sought and received only a grant of approval 

under § 41309 for their alliance. US Airways does not have any similar authorities.

6

See American Airlines’ letters regarding antitrust immunity or joint business approval, in Docket DOT-OST2013-0082, posted August 22, 2013.

7

See Joint Application for Approval of the Transfer of International Route Authorities, in Docket DOT-OST2013-0082, at 43.
5

With respect to the transatlantic alliance – which features a joint venture involving American, 

British Airways, Iberia, and Finnair (Royal Jordanian has immunity but is not part of the joint 

venture) – the addition of US Airways’ network removes an independent competitor in the 

market. However, while US Airways has a significant presence in transatlantic markets, it does 

not rise to a level of competitive concern given robust inter-alliance competition. According to 

onboard passenger data for the year ended September 2013, US Airways transported 2,630,700 

passengers in the U.S.-Europe market, which equates to a 5% market share. In the U.S.-United 

Kingdom market, US Airways transported 521,021 passengers, which equates to a 3% share.

8

 

However, US Airways’ service in the Philadelphia-London Heathrow market overlaps with the 

oneworld immunized alliance’s services operated by British Airways. The Philadelphia-London 

Heathrow market is served once a day by US Airways and twice a day by British Airways.9 In 

terms of on board passengers in the London-Philadelphia market for the year ended September 

2013, US Airways transported 155,050 passengers, which equates to a 41% share of the traffic.10 

Combining the shares of US Airways and British Airways, as the joining of the two into one 

alliance would do, significantly affects market share and reduces competition in the market. 

Even with some alternative travel options available from London Gatwick, Newark Liberty, and 

other airports, consumers would have fewer nonstop options between London and Philadelphia.

The Department notes, however, that the European Commission has reviewed and approved the 

merger with a condition in the London-Philadelphia market to remedy competition concerns. 

The Commission required that the merged company make slots at London Heathrow and other 

commercial cooperation available to a competitor who wishes to operate one daily roundtrip 

flight in the market.11 The slots would be available to any duly licensed carrier to serve the 

market on a nonstop basis. A carrier that successfully utilizes the slots for eight consecutive 

scheduling seasons in the London-Philadelphia market may obtain grandfather rights to use the 

slots. The Department finds that the Commission’s remedy addresses the competitive concerns 

we have identified in the London-Philadelphia market.

The Department finds no reason not to extend all of American’s approval and immunity 

authorities to US Airways. We find that these additions to existing immunized alliances, as 

conditioned, will not substantially reduce competition and are not adverse to the public interest. 

We further find that these changes offer benefits to the public, and, in light of the merger, are 

required by the public interest.

The holders of the expanded antitrust immunity will be required to abide by the conditions set 

forth in the existing alliance orders, including the obligations to submit annual progress reports. 

Additionally, by this order, they will be required to satisfy a new condition with respect to each 

of the affected alliances. Within 120 days of the date of issuance of this order, we direct the 

applicants in each of the alliance proceedings to submit revised alliance framework and 

 

8

See DOT RITA/BTS T100 Segment Data.

9

See OAG Scheduling Data for July 2013, January 2014, and July 2014.

10 See DOT RITA/BTS T100 Segment Data.

11 See Commitments to the European Union, Case M.6607-American Airlines/US Airways, available at 

http://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_6607. 
6

implementation agreements demonstrating that US Airways has been added to the alliances. If 

the applicants do not meet this condition, the antitrust immunities granted in this order will 

automatically expire. The condition is justified by the Department’s need to understand any 

changes in the commercial terms of the alliances and, in particular, any changes to the 

economics, governance, and delivery of public benefits associated with the joint venture 

agreements. The requirement to submit revised agreements is not burdensome because it merely 

requires the airlines to submit to the Department copies of agreements they already intend to 

complete. Moreover, in the interest of ensuring public benefits, the Department has imposed 

similar conditions in other cases.12 In those cases, the Department has required recipients of 

antitrust immunity to submit complete and fully executed agreements within a period of months, 

in order to preserve the grants of antitrust immunity. In addition, as the route transfer approvals 

have only been granted pendente lite exemption authority, the antitrust immunity granted here 

will also expire in the event that the route transfers are ultimately disapproved.

ACCORDINGLY,

1. We exempt American Airlines, Inc., American Eagle Airlines, Inc., US Airways, Inc., PSA 

Airlines, Inc., and Piedmont Airlines, Inc., from the provisions of section 41105 of the Statute, 

subject to the condition that American Airlines, Inc., American Eagle Airlines, Inc., US Airways, 

Inc., PSA Airlines, Inc., and Piedmont Airlines, Inc., remain separate and continue to be operated 

as such during the described pendency of its application in Docket DOT-OST-2013-0082.

2. The authority granted in ordering paragraph 1 shall be effective until 90 days after the 

Department issues its final order on the joint application of American Airlines, Inc., American 

Eagle Airlines, Inc., US Airways, Inc., PSA Airlines, Inc., and Piedmont Airlines, Inc., in Docket 

DOT-OST-2013-0082 for approval of a transfer of route authority under section 41105 of the 

Statute.

3. We extend to US Airways, Inc., the antitrust immunity granted to American Airlines, Inc., by 

Order 2010-11-10, paragraph 1; Order 2010-7-8, paragraph 1; Order 2005-10-8, paragraph 1; 

and Order 99-9-9, paragraph 4.

4. We extend to US Airways, Inc., the approval granted to American Airlines, Inc., by Order 

2011-11-12, paragraph 1.

5. The authority granted here may only be used in a manner consistent with the terms of the air 

transport agreements between the United States and our aviation partners.

6. The authority granted in ordering paragraphs 3 and 4 will expire if:

a. The Joint Applicants fail to submit to the Director, Office of Aviation Analysis for prior 

approval all final agreements within 120 days of the date of this order, or

b. The transfers for which the Joint Applicants have applied in Docket DOT-OST-2013-

0082 are disapproved.

 

12 See Star Case, Order 2009-7-10, Ordering Paragraphs 2-3, Docket DOT-OST-2008-0234 (July 10, 2009).
7

7. We may amend, modify, or revoke this order at any time and without hearing.

8. We will serve a copy of this order on the persons listed in Attachment B.

By:

SUSAN L. KURLAND

Assistant Secretary

for Aviation and International Affairs

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

http://www.regulations.gov
Attachment A

JOINT APPLICANTS’

INTERNATIONAL ROUTE AUTHORITIES

I. AMERICAN AIRLINES, INC.

A. Certificates of Public Convenience and Necessity

Route # Route Description Order(s)

835 Open skies Order 2007-4-2

None Blanket route integration Order 2010-12-24

137 U.S.-Haiti, Dominican Republic, St. Maarten, St. 

Kitts and Nevis, St. Lucia, Antigua and Barbuda, 

Guadeloupe, Martinique, Barbados, Grenada, 

Trinidad and Tobago, Aruba, Curacao, Anguilla, 

Carriacou, Dominica, Montserrat, Mustique, 

Saba, St. Barthelemy, St. Eustatius, St. Vincent 

and the Grenadines, the British Virgin Islands, the 

Cayman Islands, the Turks and Caicos Islands, 

and Union Island.

U.S.-Bahama Islands

Atlanta, Baltimore, Boston, Chicago, Detroit, 

Miami, New York/Newark, Philadelphia, 

Washington DC, Raleigh/ Durham-Bermuda

U.S.-Hong Kong and Singapore

Note: Routes granted by Open Skies Order 

2007-4-2 not listed

Order 1996-5-9

147 New York, Philadelphia-Bermuda

New York, Philadelphia, St. Louis-Algeria, Libya, 

Tunisia, Egypt, Iraq, Saudi Arabia, Yemen, 

Mandalay, Hong Kong, and Hanoi (acquired from 

TWA)

(Timely renewal filed – pending)

Note: Routes granted by Open Skies Order 

2007-4-2 not listed

Order 2001-4-7 

389 Between the terminal points Boston, Dallas/Ft.

Worth, Houston, Miami, New Orleans, New 

York/Newark, Washington DC (to be served 

through Dulles International Airport), the 

intermediate points Panama City, Panama; 

Barranquilla, Bogota, and Cali, Colombia; Quito 

and Guayaquil, Ecuador; Lima, Peru; Montevideo, 

Uruguay; and La Paz, Bolivia, and (a) beyond La 

Paz the intermediate point Asuncion, Paraguay 

and the terminal point Buenos Aires, Argentina; 

and (b) beyond La Paz, the intermediate point 

Santiago, Chile and the terminal point Buenos 

Order 1990-5-5, 

and

Order 92-6-21
2

Aires, Argentina

Between the coterminal points Los Angeles and 

San Francisco, the intermediate points Bogota 

and Cali, Colombia, Quito and Guayaquil, 

Ecuador, Lima, Peru, La Paz, Bolivia, and beyond 

La Paz, as described in (a) and (b) above

(Timely renewal filed – pending)

Note: Routes granted by Open Skies Order 

2007-4-2 not listed

542 Puerto Rico-Caracas

(Timely renewal filed – pending)

Order 1988-5-42

543 Miami/New York/Newark-Caracas/Maracaibo 

Venezuela

(Timely renewal filed – pending) 

Order 1990-5-5

602 Europe/Middle East/Asia

(Timely renewal filed – pending)

Order 1996-5-9,

628 Dallas/Ft. Worth-Acapulco

Dallas/Ft. Worth-Mexico City

Dallas/Ft. Worth-Monterrey

Chicago-Mexico City

Order 1992-5-20

794 New York-Cancun

(Timely renewal filed – pending)

Order 2001-4-7

826 Chicago-Shanghai 

(Timely renewal filed – pending)

Order 2005-3-40, 

826 Chicago-Beijing (segment 2)

(Timely renewal filed – pending)

Order 2007-12-26 

903 Chicago-Acapulco, Cancun, Cozumel, Puerto 

Vallarta, San Jose del Cabo; Dallas/Ft. WorthCancun; Cozumel, Guadalajara, 

Ixtapa/Zihuatanejo, Leon, Puerto Vallarta, San 

Jose del Cabo; Los Angeles-San Jose del Cabo; 

Miami-Cancun, Mexico City/Toluca

Order 2011-6-11

B. Exemption Authorities

Route Description Order/NOAT Docket

Miami-Valencia, Venezuela NOAT February 4, 2013 DOT-OST-2006-

26387

U.S.-Brazil NOAT July 22, 2013 DOT-OST-2013-0137

Miami-Santa Cruz/La Paz, Bolivia NOAT July 31, 2013 DOT-OST-1997-2302

Dallas/Ft. Worth-Caracas, 

Venezuela 

NOAT July 13, 2012 DOT-OST-1997-2527
3

Los Angeles-Shanghai NOAT July 31, 2012 DOT-OST-2010-0245

U.S.-South Africa for codesharing

on British Airways

NOAT January 28, 

1998 (timely renewal 

filed)

DOT-OST-1998-3401

U.S.-Vietnam for codesharing on 

Japan Airlines

NOAT February 4, 2013 DOT-OST-2002-

12496

U.S.-Hong Kong for codesharing 

on Cathay Pacific

NOAT February 4, 2013 DOT-OST-2000-6824

U.S. to 4 points in Argentina, to 5 

additional points in Argentina on a 

codeshare basis only, and to 5 

additional points in Argentina on a 

codeshare basis only in 

conjunction with a designated 

airline of Argentina 

NOAT February 4, 2013 DOT-OST-2007-0034

U.S.-Fiji, Kirabati (Christmas 

Island), Vanuatu, Solomon Islands 

for codesharing on Air Pacific

NOAT August 1, 2013 DOT-OST-2011-0197

Between points within Ecuador for 

code-sharing on LAN Ecuador

NOAT August 20, 2013 DOT-OST-2011-0210

Seattle-Beijing and to points within 

China on a codeshare-basis only 

for codesharing on Hainan Airlines

NOAT August 1, 2013 DOT-OST-2011-0228

U.S. to Cordoba, Bariloche, 

Mendoza, and Rosario, Argentina 

on a codeshare basis only for 

codesharing on LAN via Santiago, 

Chile

NOAT August 1, 2013 DOT-OST-2006-

24194

Blanket exemption authority for 

codesharing

NOAT February 28, 

2013

DOT-OST-2009-0337

U,S.-Mexico transborder routes for 

code-sharing on Alaska Airlines 

(Los Angeles-Guadalajara, La Paz, 

Loreto, Manzanillo, Mazatlan, 

Mexico City, Puerto Vallarta, 

Zihuatanejo; SacramentoGuadalajara; San Diego-Puerto 

Vallarta; San Francisco-Puerto 

Vallarta; San Jose-Guadalajara)

NOAT July 19, 2012 DOT-OST-2010-0222

Miami – Cozumel NOAT August 16, 2013 DOT-OST- 2013-0154

DFW- Shanghai NOAT October 30, 

2013

DOT-OST-2013-0187

U.S.-Brazil for codesharing on 

TAM

NOAT January 25, 

2013

DOT-OST-2012-0209
4

C. Frequency Allocations

Number of

Frequencies Route Description Order/NOAT

9 Argentina – Acquired from Eastern in 1990 Order 1990-5-5

5 Argentina Order 1995-2-23

7 Argentina – Above 14 increased to 21

when the 1 to 1.5 narrowbody/

widebody formula was abolished

3 Argentina Order 2003-8-14

4 Dallas/Ft. Worth-Buenos Aires DOT-OST-2003-

15384, January 2, 

2004

4 Miami-Buenos Aires DOT-OST-2010-0178, 

July 12, 2010 

(seasonal)

7 Brazil - Acquired from Eastern in 1990 Order 1990-5-5

3 Brazil automatic increase effective 4/1/91 Order 1991-2-15

4 Brazil Order 1991-2-15

6 New York (JFK)-Sao Paulo, Brazil Order 1991-6-5

1 New York (JFK)-Sao Paulo, Brazil Order 1991-8-25

7 Miami-Sao Paulo, Brazil DOT-OST-1996-1356, 

June 1, 1998

3 Dallas/Ft. Worth-Sao Paulo, Brazil Order 1995-1-27

11 U.S.-Brazil Order 1995-10-25

2 Miami-Sao Paulo, Brazil DOT-OST-2003-

15965, August 14, 

2003

3 Miami-Sao Paulo, Brazil DOT-OST-2004-

17139, February 24, 

2004

10 U.S.-Brazil DOT-OST-2008-0229, 

August 8, 2008

1 Miami-Belo Horizonte Order 2008-11-21

3 Dallas/Ft. Worth-Rio de Janeiro, Brazil DOT-OST-2010-0179, 

August 6, 2010

7 New York (JFK)-Rio de Janeiro, Brazil DOT-OST-2010-0088, 

June 16, 2010

4 Miami-Brasilia, Brazil DOT-OST-2010-

0088, 

June 16, 2010

10 Miami-Brasilia

Miami-Belo Horizonte

DOT-OST-2011-0086, 

May 13, 2011
5

Miami-Manaus

3 Miami-Manaus, Brazil DOT-OST-2011-0086, 

February 8, 2012

14 Miami-Rio de Janeiro, Brazil 

(7 to backfill Miami-Rio de Janeiro that AA 

transferred

to Miami-Sao Paulo and 7 for Miami-Rio de 

Janeiro #2)

DOT-OST-2012-0079

May 24, 2012

3 

7

7 

Miami-Recife

Miami-Salvador

Los Angeles-Sao Paulo

Miami-Porto Alegre-Curitiba-Miami 

DOT-OST-2012-0079

May 24, 2012

Order 2013-7-4

DOT-OST-2013-0137

July 22, 2013

7 Chicago-Shanghai, China (timely renewal 

filed)

Order 2005-3-40

7 Chicago-Beijing, China Order 2007-12-26

7 Los Angeles-Shanghai, China DOT-OST-2010-0245

July 31, 2012

7 DFW - Shanghai, China DOT-OST-2013-0187

October 30, 2013

19.5 Ecuador Order 1992-10-43

1.5 Ecuador DOT-OST-2002-

12000, July 12, 2002

3 Ecuador DOT-OST-2009-0220, 

October 8, 2009

4 Ecuador DOT-OST-2009-0220, 

January 30, 2013

7 Dallas/Ft. Worth-Tokyo, Japan (NRT) Order 1986-10-16

7 New York (JFK)-Tokyo, Japan (NRT) Order 1998-5-17

7 Chicago-Tokyo, Japan (NRT) Order 1998-5-17

4 Dallas/Ft. Worth-Tokyo, Japan (NRT) DOT-OST-2002-

11266, March 20, 

2002

7 Los Angeles-Tokyo, Japan (NRT) DOT-OST-2002-

12554, July 17, 2002

1 Dallas/Ft. Worth-Tokyo, Japan (NRT) DOT-OST-1998-3419, 

September 13, 2002

(initially 3 but 2 lapsed 

as dormant; see AA 

application on 

September 21, 2004)

1 Dallas/Ft. Worth-Tokyo, Japan (NRT) DOT-OST-1998-3419, 
6

September 27, 2004

1 Dallas/Ft. Worth-Tokyo, Japan (NRT) DOT-OST-1998-3419, 

January 20, 2005

7 New York (JFK)-Tokyo, Japan (HND) Order 2010-7-2 

Cease operations Dec 

2, 2013

D. Codesharing Statements of Authorization

Airline

Partner Homeland

Order/NOAT/

Department Action Docket

Gulf Air Bahrain NOAT,

August 4, 2008

DOT-OST-2008-

0195

Qantas Australia Department 

Action, May 23, 

2008

DOT-OST-2008-

0138

Iberia Spain Department 

Action, February 

13, 2008

DOT-OST-2008-

0044

Finnair Finland Department 

Action, January 7, 

2000 ***

DOT-OST-1999-

6544

Japan Airlines Japan Department 

Action, February 

18, 2010 ***

DOT-OST-1999-

4994

Lan Chile Department 

Action, January 7, 

2000 ***

DOT-OST-1999-

6546

Cathay Pacific Hong Kong NOAT

January 8, 2002

DOT-OST-2000-

6824

British Airways United Kingdom Orders 2003-5-33 

and 2010-7-8

DOT-OST-2002-

13861

Lan Peru Peru NOAT

February 16, 2007

DOT-OST-2004-

19965

Royal Jordanian Jordan NOAT

March 23, 2007

DOT-OST-2006-

26716

Jet Airways 

(India)

India Department 

Action, January 7, 

2008

DOT-OST-2007-

0078

El Al Israel NOAT

March 28, 2008

DOT-OST-2007-

0095

Lan Argentina Argentina NOAT DOT-OST-2007-
7

June 11, 2009 0034

Etihad U.A.E Department 

Action, July 24, 

2009

DOT-OST-2009-

0154

Air Berlin Germany NOAT

October 1, 2010

DOT- OST-2010-

0192

Kingfisher India Department 

Action, March 8, 

2011

DOT-OST-2010-

0288

WestJet Canada Department 

Action, March 10, 

2011

DOT-OST-2011-

0040

Air Pacific Fiji NOAT 

November 30, 

2011

DOT-OST-2011-

0197

Lan Ecuador Ecuador NOAT 

December 13, 

2011

DOT-OST-2011-

0210

Hainan Airlines China NOAT February 

15, 2012

DOT-OST-2011-

0228

Air Tahiti French Polynesia NOAT July 5, 2012 DOT-OST-2012-

0092

TAM Brazil NOAT 

January 5, 2013

DOT-OST-2012-

0209

LAN Colombia Colombia NOAT 

January 25, 2013

DOT-OST-2012-

0208

Qatar Airways Qatar NOAT 

February 20, 2013

DOT-OST-2013-

0007

Malaysia Airlines Malaysia NOAT 

February 28, 2013

DOT-OST-2013-

0022

*** The initial statements of authorization issued to American for codesharing with JAL, Lan, 

and Finnair did not include American Eagle. American Eagle was added by Department Action, 

November 8, 2001 in DOT-OST-99-4994, DOT-OST-99-6546, and DOT-OST-99-6544.

E. Third-Country Codeshare Designations

Airline

Partner Country

Order/NOAT/

Department Action Docket
8

British Airways Flights to/from South 

Africa

NOAT 

September 29, 

2003

DOT-OST-2002-

12193

F. Antitrust Immunity Grants

Airline Partner Order/NOAT Docket

LAN Chile Order 1999-9-9 DOT-OST-1997-3285

LAN Peru and LAN Airlines Order 2005-10-8 DOT-OST-2004-

19964

British Airways, Iberia, Finnair, and 

Royal Jordanian

Order 2010-7-8 DOT-OST-2008-0252

Japan Airlines Order 2010-11-10 DOT-OST-2010-0059

Qantas (approval of agreement 

without antitrust immunity)

Order 2011-11-12 DOT-OST-2011-0111

II. AMERICAN EAGLE AIRLINES, INC.

A. Certificates of Public Convenience and Necessity

Route # Route Description Order(s)

537 U.S.-Haiti, Dominican Republic, Netherland 

Antilles, St. Maarten, St. Kitts and Nevis, St. 

Lucia, Antigua and Barbuda, Guadeloupe, 

Martinique, Barbados, Grenada, Trinidad and 

Tobago, Aruba, Curacao, Anguilla, Carriacou, 

Dominica, Montserrat, Mustique, Saba, St. 

Barthelemy, St. Eustatius, St. Vincent and the 

Grenadines, the British Virgin Islands, the 

Cayman Islands, the Turks and Caicos Islands, 

Union Island, and the Bahamas

Order 1998-5-12

905 Open Skies Order 2011-8-9

906 Dallas/Ft. Worth-Chihuahua, Guadalajara, 

Monterrey, San Luis Potosi, and Torreon, Mexico

Order 2011-11-19

B. Small Aircraft Codeshare Designation Notifications

DOT-OST-2011-0076

DFW-Aguascalientes
9

DFW-Hermosillo

DFW-Leon

DFW-Mazatlan

DFW-Morelia

DFW-Puebla

DFW-Queretaro

DFW-Veracruz

DFW-Zacatecas

III. US AIRWAYS, INC.1

A. Certificates of Public Convenience and Necessity

Route # Route Description Order(s)

None Blanket Open Skies Route Authority Order 2007-4-202

Route 87-F Atlanta, GA/Miami, FL/Tampa, 

FL/Washington, DC/Baltimore, MD/New 

York, NY/ Newark, NJ/New Orleans, 

LA/Dallas-Ft. Worth, TX – Belize

Charlotte, NC/Baltimore, MD/Tampa, FL –

Nassau, Bahamas

Tampa, FL/Washington, DC/Baltimore, 

MD/Charlotte, NC – Cayman Islands

Order 97-7-2

3

Route 97-F Baltimore, MD/New York, NY/ Newark, NJ/ 

Boston, MA/Philadelphia, PA – Bermuda

Syracuse, NY/Cleveland, OH/Cincinnati, 

OH/ Philadelphia, PA/Pittsburgh, PA/ 

Baltimore, MD – Freeport, George Town, 

Great Harbor Cay, Marsh Harbor, Nassau, 

Rock Sound, Treasure Cay and West End, 

Bahamas

Order 97-7-2

4

 

1

For those authorities marked with a “*”, US Airways also applied for Statements of Authorization on behalf of 

its regional partners, PSA and Piedmont.

2 US Airways’ previous certificate and exemption authorities for various Open Skies countries were superseded 

by this order.

3 Although US Airways has only listed the non-Open Skies routes that are not superseded by Order 2007-4-20, 

US Airways is requesting the transfer of all of the routes contained within the Order.

4 Although US Airways has only listed the non-Open Skies routes that are not superseded by Order2007-4-20, 

US Airways is requesting the transfer of all of the routes contained within the Order.
10

B. Exemption Authorities

Route Description Order/NOAT Docket

U.S. – Antigua NOAT April 21, 2006 

(timely renewal filed –

pending)

Docket DOT-OST2001-9932

U.S. – Buenos Aires, Argentina; 

Buenos Aires, Argentina –

Montevideo, Uruguay

NOAT October 11, 2012 Docket DOT-OST2003-14650

U.S. – China (pursuant to 

codeshare arrangements with 

United and Air China)

NOAT May 3, 2010 (timely 

renewal filed – pending

Docket DOT-OST2008-0139

U.S. – Bahamas NOAT September 9, 2013 Docket DOT-OST2001-9766

U.S. – Barbados NOAT July 11, 2013 Docket DOT-OST2001-9769

U.S. – St. Lucia NOAT July 11, 2013 Docket DOT-OST2001-9767

U.S. – Belize NOAT July 29, 2013 Docket DOT-OST2002-12259

Charlotte, NC/Chicago, 

IL/Washington, DC – Bermuda

NOAT March 8, 2013 Docket DOT-OST2001-11152

Orlando, FL – Hamilton, 

Bermuda

NOAT January 26, 2006 

(timely renewal filed –

pending)

Docket DOT-OST2004-16899

U.S. – Brazil (pursuant to 

codeshare arrangement with 

TAM)

NOAT May 16, 2012 Docket DOT-OST2003-14651

U.S. – Brazil Order 2013-7-4, July 3, 

2013

Docket DOT-OST2013-0072

U.S. – British Virgin Islands

(pursuant to codeshare 

arrangement with Caribbean 

Sun Airlines)

NOAT June 18, 2003 

(timely renewal filed –

pending)5

Docket DOT-OST2003-15254

Philadelphia, PA – Grand 

Cayman, Cayman Islands

NOAT July 29, 2013 Docket DOT-OST1997-2721

U.S. – Colombia (codeshare 

only) (pursuant to codeshare 

arrangement with Avianca or 

any other authorized carrier)

NOAT November 16, 2012 Docket DOT-OST2012-0155

U.S. – Dominica

U.S. – Haiti

NOAT May 29, 2012 Docket DOT-OST2004-18346

U.S. – Dominican Republic NOAT November 6, 2012 Docket DOT-OST-

 

5 This renewal application technically remains pending; however, US Airways’ no longer codeshares with 

Caribbean Sun Airlines.
11

2000-7340

U.S. – Grenada NOAT June 4, 2013 Docket DOT-OST2001-10588

U.S. – Fiji, and beyond to New 

Zealand

NOAT April 15, 2013 Docket DOT-OST2007-29026

U.S. – Hong Kong (codeshare 

service)

NOAT August 20, 2007 

(timely renewal filed –

pending)

Docket DOT-OST2003-14303

U.S. – Moscow and St. 

Petersburg, Russia (under a 

third-country codeshare 

arrangement)6

Order 2008-11-5 and 

NOAT August 13, 2012

DOT-OST-2008-0283

Boston, MA/Charlotte, NC/

Philadelphia, PA – Cancun 

Mexico

NOAT June 21, 2013 Docket DOT-OST2002-13855

Charlotte, NC – Cozumel, 

Mexico

NOAT November 6, 2012 Docket DOT-OST2001-9768

Charlotte, NC – Mexico City, 

Mexico

NOAT January 17, 2013 Docket DOT-OST2003-14575

U.S. – Saba

U.S. – St. Eustatius

U.S. – St. Barthelemy (pursuant 

to codeshare arrangement with 

Winward Islands Airways)

NOAT December 16, 2002 

(timely renewal filed –

pending)

Docket DOT-OST2002-13705

U.S. – St. Kitts and Nevis NOAT February 16, 2006 

(timely renewal filed –

pending)

Docket DOT-OST2001-10589

U.S. – St. Vincent and the 

Grenadines (pursuant to 

codeshare arrangement with 

Caribbean Sun Airlines)

NOAT May 19, 2004 

(timely renewal filed –

pending)7

Docket DOT-OST2003-16061

U.S. – Turks and Caicos NOAT January 24, 2013 Docket DOT-OST2002-12208

Phoenix, AZ – Cancun, Mexico NOAT June 21, 2013 Docket DOT-OST2006-24613

Phoenix, AZ – Guadalajara, 

Mexico

NOAT July 26, 2013 Docket DOT-OST2007-0025

Phoenix, AZ –Hermosillo, 

Mexico (codeshare only)

NOAT May 7, 2013 Docket DOT-OST2005-22645

Phoenix, AZ – Mexico City/ 

Mazatlan/Puerto Vallerta/San 

Jose del Cabo/Acapulco/

NOAT May 7, 2013 Docket DOT-OST2007-29308

 

6 US Airways is currently authorized by DOT to codeshare with Swiss International Air Lines, for codeshare 

service on these routes over Zurich, Switzerland (ZRH).

7 This renewal application technically remains pending; however, US Airways’ no longer codeshares with 

Caribbean Sun Airlines.
12

Ixtapa-Zihuatanejo/

Manzanillo, Mexico

Los Angeles, CA/San Francisco, 

CA – Cancun, Mexico

Los Angeles, CA – San Jose del 

Cabo, Mexico

NOAT June 21, 2013 Docket DOT-OST2009-0172

Charlotte, NC – San Jose del 

Cabo, Mexico

NOAT September 19, 

2013

Docket DOT-OST2010-0040

U.S. – Abijan, Cote d’Ivoire/ 

Bujumbura, Burundi/ Conakry, 

Guinea/Kinshasa, Democratic 

Republic of Congo/Freetown, 

Sierra Leone/ Luanda, Angola/ 

Lome, Togo

NOAT February 7, 2012 Docket DOT-OST2010-0043

U.S. – Johannesburg/Cape 

Town/Durban/East London/Port 

Elizabeth, South Africa

NOAT December 4, 2012 Docket DOT-OST2012-0189

Points in the U.S. – Points 

worldwide on a third-country 

codeshare basis pursuant to an 

arrangement with the TACA 

Group carriers

NOAT October 18, 2013 Docket DOT-OST2009-0261

C. Frequency Allocations

Number of

Frequencies Route Description Order/NOAT

7 Charlotte – Sao Paulo, Brazil Order 2013-7-4

(effective October 1, 

2014)

7 Charlotte – Rio de Janeiro, Brazil NOAT August 2, 2010

D. Codesharing Statements of Authorization

Airline

Partner Route Description

Order/NOAT/

Department 

Action

Docket

TAP Air Portugal* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action May 17, 

2006

Docket DOTOST-2006-24670

Royal Jordanian* Statements of 

Authorization for US 

Airways to display 

NOAT March 1, 

2007

Docket DOTOST-2007-27347
13

“RJ” Designator Code

EVA Airways* Blanket Statement of 

Authorization to 

display “BR” 

designator code

Department 

Action January 8, 

2010

Docket DOTOST-2007-27352

Singapore Airlines* Blanket Statement of 

Authorization for 

reciprocal 

codesharing

Department 

Action August 20, 

2007

Joint Notice of 

Blanket 

Codesharing filed 

March 18, 2009

Docket DOTOST-2007-28084

Asiana Airlines* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action November 

30, 2007

Joint Notice of 

Blanket 

Codesharing filed

March 31, 2009

Docket DOTOST-2007-0059

Air New Zealand* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action September 

11, 2007

Joint Notice of 

Blanket 

Codesharing filed 

July 13, 2009

Docket DOTOST-2007-29024

Swiss International 

Airlines*

Blanket Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action April 8, 

2008

Joint Notice of 

Blanket 

Codesharing filed 

March 9, 2009

Notice of Russia 

codesharing filed 

May 21, 2012

Docket DOTOST-2008-0101

Air China* Statements of 

Authorization for 

reciprocal 

codesharing

NOAT June 5, 

2008

Docket DOTOST-2008-0139

TACA/LACSA/TACAPeru*Blanket Statements of 

Authorization for 

reciprocal 

codesharing

NOAT November 

12, 2009

Docket DOTOST-2009-0261
14

TAM* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

NOAT June 15, 

2010

Docket DOTOST-2010-0127

Turkish Airlines* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action July 29, 

2010

Docket DOTOST-2010-0184

Qatar Airways* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action May 6, 

2009

Docket DOTOST-2009-0079

Aegean Airlines* Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action July 12, 

2011

Docket DOTOST-2011-0120

ANA and Air Japan* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

Department 

Action September 

14, 2009

Docket DOTOST-2009-0181

Brussels Airlines* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

NOAT March 18, 

2010

Docket DOTOST-2010-0042

Lufthansa* Statements of 

Authorization for 

reciprocal 

codesharing

NOAT October 

10, 2003 

(amended 

October 16, 2003 

and January 11, 

2005)

Joint Notice of 

Blanket 

Codesharing filed 

July 27, 2009

Docket DOTOST-2003-15946

Avianca* Statements of 

Authorization for 

reciprocal 

codesharing

NOAT November 

16, 2012

Docket DOTOST-2012-0155

South African 

Airways*

Statements of 

Authorization for 

reciprocal 

codesharing

NOAT December 

4, 2012

Docket DOTOST-2012-0189

Croatia Airlines* Blanket Statements of 

Authorization for 

reciprocal 

codesharing

NOAT June 6, 

2012

Docket DOTOST-2012-0084
15

IV. PSA AIRLINES, INC.

A. Certificates of Public Convenience and Necessity

Route # Route Order

None U.S. – Canada Order 2004-5-22 

B. Exemption Authorities

Route Description Order/NOAT Docket

U.S. – Bahamas NOAT June 1, 2012 Docket DOT-OST2004-18017

U.S. – Turks and Caicos NOAT April 20, 2012 Docket DOT-OST2004-18811
SERVICE LIST FOR 

AMERICAN AIRLINES, INC.

AMERICAN EAGLE AIRLINES, INC.

US AIRWAYS, INC.

PSA AIRLINES, INC.

PIEDMONT AIRLINES, INC.

howard.kass@usairways.com

benjamin.slocum@usairways.com

robert.wirick@aa.com

francis.heil@aa.com

urskr@state.gov

john.allen@faa.gov

dan.weiss@united.com

steve.morrisey@united.com

karin.faden@united.com

jonathan.linde@united.com

sascha.vanderbellen@delta.com

jhill@dowlohnes.com

perkmann@dowlohnes.com

robert.land@jetblue.com

msinick@ssd.com

jyoung@yklaw.com

dkirsten@yklaw.com

bob.kneisley@wnco.com

leslie.abbott@wnco.com

ethan.blank@rjet.com

robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

john.fredericksen@suncountry.com

rpommer@atlasair.com

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

cefelts@fedex.com

nssparks@fedex.com

kevin.montgomery@polaraircargo.com

matwood@cozen.com

calvin.lott@faa.dot.gov

garland.s.choate@faa.dot.gov

mark.mulkey@faa.dot.gov

richard.sykes@faa.dot.gov

chester.piolunek@faa.dot.gov

 

ATTACHMENT B