U.S. Department of

Transportation

Office of the Secretary

of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT-OST-2011-0196

(Filed October 27, 2011)

Application of American Airlines, Inc. (American), and its affiliates 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 air 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 points 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 subject 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 effective 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.
APPENDIX A

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 services 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 the 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-2011-0196.

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-2011-0196.

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; that 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 liability 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 serve 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 limitedentry route rights that are included in the authority of American by virtue of the blanket statement of 

authorization granted here, but that are not 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 notification of its intent to engage in codeshare 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.