U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

- OST

- 2011

- 01 9 6 (Filed October 27 , 2011 )

A pplic ation of American Airlines , Inc. ( American ) , and its a ffiliates American Eagle Airlines, Inc. and Executive Airlines, Inc. d/b/a American Eagle, for a blanket statement of authorization to display the “ PU ” designator code of PLUNA Lineas Aereas Uruguayas Sociedad Anonima ( PLUNA ) in conjunction with foreign ai r transportation of persons, property, and mail on flights operated by American or its affiliates (1) between points in the United States , (2) between points in the United States and points in Uruguay, and (3) between points in the United States and point s in third countries (either nonstop or via intermediate points )

. 1

* Approved under assigned authority (14 CFR §385.13). 2

Date of Action: November 8 , 2011

This action is s ubject to the conditions attached. Persons entitled to petition the Department for review of this action under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven days of the date of this action. This action is effectiv e immediately, and the filing of a petition for review will not alter its effectiveness.

An electronic version of this document is available on the World Wide Web at http://www.regulations.gov

1 The applicant states that the initial code

- share route will be Miami

- Montevideo on American

- operated flights

. 2 We will grant, sua sponte , American a waiver of the 45

- day advance filing requirement required under 14 CFR 212.10(d)(2), as no party opposed the request.

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The code

- share operations authorized here are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) American and PLUNA continue to hold the necessary underlying authority to operate the code

- share se rvices at issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect.

(b) American and /or PLUNA , as appropriate, must notify the Department no later than 30 days before they begin any new code

- share service under th e code

- share services authorized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notice should be filed in Docket DOT

- OST

- 2011

- 01 9 6

. 3

(c) American and/or PLUNA , as appropriate, must promptly notify the Department if the code

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notice should be filed in Docket DOT

- OST

- 2011

- 01 9 6

. 4

(d) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regulations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such service in the computer reservation systems and elsewhere; t hat the carrier selling such transportation ( i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code

- share journey for all obligations established in its contract of carriage with the
passenger; and that the passenger liab ility of the operating carrier be unaffected

.
(e) The authority to operate to third countries is subject to the condition that any service provided under the statement of authorization shall be consistent with all applicable agreements between the United States and the foreign countries involved. Furthermore, (i) nothing in the award of this blanket statement of authorization should be construed as conferring upon American rights (including code

- share, fifth freedom intermediate and/or beyond rights) to s erve markets where U.S. carrier entry is limited unless American notifies the Department of its intent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; and (ii) should there be a request by any carrier to use the limited

entry route rights that are included in the authority of American by virtue of the blanket statement of authorization granted here, but that are no t then being used by American , the holding of such authority will not be considered as providing any preference for American in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 5

(f) The authority granted here is specifically conditioned so that neither American nor PLUNA shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

3 Pursuant to the Department’s Notice In the Matter of Blanket Notification of Code

- Share Service to Open Skies Partners and Points dated February 9, 2009, American provided blanket noti fication of its intent to engage in code

share services between any point or points in the United States and any point or points in Uruguay (on a nonstop basis and intermediate routings via open skies points); between U.S. points; between Uruguay points; beyond Uruguay to any open skies point or points; and beyond the United States to any open skies point or points.
4 We expect this notification to be received within ten (10) days after such non

- effectiveness or of such decision.
5 The notice in paragraph (b) above can be used for this notification.