UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC
Issued by the Department of Transportation on Ju ly 21 , 2011

NOTICE OF ACTION T AKEN

-- DOCKET DOT

- OST

- 2010

- 0018

This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Motion of AMERICAN AIRLINES, INC. ( American ) filed 6/3 0 /11 for:

XX Waiver of the 90

- day dormancy condition applicable to its New York (JFK)

- Haneda slot pair , as follows:

American requests that the Department permit it the flexibility to adjust New York (JFK)

- Haneda service levels by granting American relief , until June 1, 2012, from the 90

- day dormancy condition applicable to its New York (JFK)

- Haneda slot pair

.

In support of its request , American states that the effects of the Japanese earthquake continue to have a severe negative impact on U.S.

- Tokyo demand

. American seeks flexibility to temporarily reduce or suspend service
and to manage re - in troduction of service in time for the 2012 peak travel season. American states that its waiver request is consistent with the public interest a s well as with Department precedent and policy under unusual and distressed market condition s
. American specifically cites our recent action granting Delta a dormancy waiver for its Detroit

- Haneda service until June 1, 2012

. 1

Applicant r epresentative : Carl B. Nelson ( 202 ) 496

- 5647 DOT Analyst: Brett D. Kruger (202) 366

- 8025

Background: By Order 2010

- 7

- 2 , the Department, among other things, awarded American a slot pair to provide daily scheduled combination services in the New York (JFK)

- Haneda market. The slot pair was awarded subject to our
standard 90

- day dormancy condit i on, 

### wherein any slots not utilized for a period of 90 days (once inaugurated) would be deemed dormant and revert to the Department. 2

Responsive Pleadings : United Air Lines, Inc. (United) filed an answer to American ’s request

. United states that although American ’s current request is based on the extraordinary consequences of the earthquake, tsunami, and nuclear power plant damage in Japan

, American sought and received authority to delay institution of service well before the disaster. Unite d asks the Department to deny American’s request or , at the very least, limit any dormancy waiver to the period ending June 1, 2012

, and offer United the opportunity to seek American’s slot pair if American seeks further extension of this dormancy waiver.

Decision : We ha ve decided to grant the request of American for a dormancy waiver until June 1, 2012.

When we selected American’s New York (JFK)

- Haneda proposal, and subsequently granted a brief start

- up extension, we did so because we concluded that American ’s proposal would provide important public interest benefits. We recognize , as we recently did in granting a comparable Detroit

- Haneda dormancy waiver to Delta, that in granting a dormancy waiver to American for its New York (JFK)

- Haneda service, these benefits might be somewhat delayed and that there might be some cost in terms of permitting available bilateral rights to go temporarily unused. Nevertheless, on balance, we have determined that in the extraordinary circumstances presented, i.e.

, th e catastrophic natural disaster and aftermath in Japan, those costs do not outweigh the value of preserving the anticipated benefits of New York (JFK)

- Haneda service. 3

1 S ee Notice of Action Taken dated June 29, 2011, in this Docket.

2 The slot pair was also subject to a start

- up condition

. A fter our approval of a brief extension of that condition, American began service on February 18, 2011.

3 S ee Notice of Action Taken dated June 29, 2011, in this Docket.We will therefore grant American relief, until June 1, 2012, from the 90

- day dormancy condition applicable to its New York (JFK)

- Haneda slot pair. Specifically, we will require that American resume New York (JFK)

- Haneda service no later than June 1, 2012. We again point out, however

, as we did in aw arding Delta its recent dormancy waiver for Detroit

- Haneda, that given the limited opportunities that currently exist at Haneda and the interest of other carriers, delay beyond that date might not be in the public interest and any future request for relief would be critically evaluated accordingly.

D I S P O S I T I O N

XX Approved (subject to the terms of the decision section above)

The above action was effective when taken: Ju ly 21 , 20 11 , until June 1, 2012

.

Action taken 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