UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

 WASHINGTON, DC

Issued by the Department of Transportation on February 20, 2013

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0007 & DOT-OST-2009-0337 ________________________________________________________________________________________________________________________________

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).

Joint application of AMERICAN AIRLINES, INC. (and its affiliates American Eagle Airlines, Inc. and 

Executive Airlines, Inc. d/b/a American Eagle) (“American”) and QATAR AIRWAYS QCSC (“Qatar

Airways”), filed January 8, 2013, as revised January 11, 2013, and supplemented January 28, 2013, and 

February 7, 2013 for:

Docket DOT-OST-2009-0337

XX Amendment of exemption under 49 U.S.C. 40109 for American to display its designator code on flights 

operated by its foreign code-share partners on the following services:

Scheduled foreign air transportation of persons, property, and mail between points in the United States and points 

worldwide on a third-country code-share basis pursuant to blanket code-sharing statements of authorization 

previously approved by the Department. 1 2

Docket DOT-OST-2013-0007

XX Blanket statements of authorization in order to engage in the following code-share services:

(A) American requests a blanket statement of authorization to display Qatar Airways’ QR* designator code in 

conjunction with foreign air transportation of persons, property, and mail on flights operated by American between 

(1) points in the United States; (2) points in the United States and points in Qatar (either nonstop or via intermediate 

points in third countries); (3) points in the United States and points in third countries; and (4) points in Qatar and 

points in third countries. 

(B) Qatar Airways requests a blanket statement of authorization to display American’s AA* designator code in 

conjunction with foreign air transportation of persons, property, and mail on flights between (1) points in Qatar; (2) 

points in Qatar and points in the United States (either nonstop or via intermediate points in third countries); (3) 

points in Qatar and points in third countries; and (4) points in the United States and points in third countries. 

 1

 American’s authorized foreign code-share partners are: Air Pacific Limited (Air Pacific); British Airways, PLC (British 

Airways); Cathay Pacific Airways Limited (Cathay Pacific); Etihad Airways PJSC (Etihad); Finnair Oyj (Finnair); Gulf Air 

Company (Gulf Air); Hainan Airlines Co., Limited (Hainan); Japan Airlines International Co., Ltd. (JAL); Jet Airways (India) 

Ltd. (Jet Airways); Jetstar Airways Pty. Limited (Jetstar); Kingfisher Airlines Limited (Kingfisher); Lan Argentina, S.A. (Lan 

Argentina); Aerolane, Lineas Aereas Nacionales Del Ecuador S.A. d/b/a Lan Ecuador (Lan Ecuador); Lan Airlines S.A. (Lan); 

Lan Peru, S.A. (Lan Peru); Compania Mexicana de Aviacion, S.A. de C.V. (Mexicana); Qantas Airways Limited (Qantas), Alia 

– The Royal Jordanian Airlines (Royal Jordanian); and Westjet. We further note that, with respect to the display of American’s 

code on Gulf Air flights, these operations are suspended until the Government of Bahrain attains a Category I rating under the 

FAA’s International Aviation Safety Assessment (IASA) program. 

2 American requests that its blanket code-share exemption authority be amended to the extent necessary to permit it to also 

place its designator code on flights operated by Qatar Airways. American has given 30-day notice that it intends to serve the 

markets listed in Appendix C (See second supplement dated February 7, 2013, in this Docket).
Applicant representatives: Anita M. Mosner (202) 419-2604 (Qatar Airways); Francis Heil (202) 496-5643 

(American)

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Approved, amended exemption authority to American (subject to conditions, see remarks below)

XX Approved, blanket statement of authorization to American (subject to conditions, see remarks below)

XX Approved, blanket statement of authorization to Qatar Airways (subject to conditions)

The above action granting, in part, amended exemption authority is effective when taken: February 20, 2013, 

through February 20, 2015. 

The above actions granting statements of authorization to the referenced carriers are effective February 20, 2013, 

and will remain in effect indefinitely, subject to conditions. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated:

XX Holder’s certificates of public convenience and necessity

XX Standard U.S. carrier exemption conditions (attached as Appendix A)

XX Conditions attached to the relevant statements of authorization (attached as Appendix B)3

XX The authority granted is consistent with the aviation agreements between the United States and the 

homelands of American’s foreign code-share partners listed in this Notice.

Remarks/Conditions: 

We note that American has conducted a safety audit on all of its named foreign air carrier code-share partners and 

affiliates under the Department’s Code Share Safety Program, and the FAA has advised that it has reviewed the 

relevant audit programs and found the programs to be acceptable. 

The exemption authority granted here is for operations with the foreign code-share partners named above. Should 

American and any additional code-share partner be granted statements of authorization, American will need to apply 

for exemption authority to the extent necessary to permit American to display its code on flights operated by the 

newly authorized code-share partner.4

 3 See Notices of Action Taken dated November 30, 2011 in Docket DOT-OST-2011-0197 (American-Air Pacific); Order 2010-

7-8 (American-British Airways, PLC); January 8, 2003, in Docket DOT-OST-2000-6824 (American-Cathay Pacific); July 24,

2009, in Docket DOT-OST-2009-0154 (American-Etihad); January 7, 2000, in Docket DOT-OST-1999-6544 (AmericanFinnair); August 4, 2008, in Docket DOT-OST-2008-0195 (American-Gulf Air); February 15, 2012 in Docket DOT-OST-2011-

0228 (American-Hainan Airlines); February 18, 1999, in Docket DOT-OST-1999-4994 (American-JAL); January 7, 2008, in

Docket DOT-OST-2007-0078 (American-Jet Airways); October 29, 2010, in Docket DOT-OST-2010-0265 (American-Jetstar);

March 8, 2011, in Docket DOT-OST-2010-0288 (American-Kingfisher); January 7, 2000, in Docket DOT-OST-1999-6546

(American-Lan Airlines S.A.); June 26, 2009, in Docket DOT-OST-2007-0034 (American-Lan Argentina); December 13, 2011,

in Docket DOT-OST-2011-0210 (Lan Ecuador); February 16, 2007, in Docket DOT-OST-2004-19965 (American-Lan Peru);

April 29, 2004, in Docket DOT-OST-2004-16945 (American-Mexicana); May 23, 2008, in Docket DOT-OST-2008-0138

(American-Qantas); March 23, 2007, in Docket DOT-OST-2006-26716 (American-Royal Jordanian); March 10, 2011, in

Docket DOT-OST-2011-0040 (American-Westjet). 4 American will need to have conducted code-share safety audits of its foreign partners prior to receipt of authority for such 

code-share services.
On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant

qualified to provide the exemption services authorized. Under authority assigned by the Department in its 

regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the 

authority was consistent with the public interest; and (3) grant of the authority would not constitute a major 

regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted or dismissed, we 

denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice 

at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s 

regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. 

This action was effective when taken, and the filing of a petition for review will not alter such effectiveness.

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

www.regulations.gov
Appendix A

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation 

Security Administration, and with all applicable U.S. Government requirements concerning security, 

including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. 

Government requirements concerning security, the holder shall, before commencing any new service 

(including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to 

advise the PSI of its plans and to find out whether the Transportation Security Administration has 

determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as 

may be prescribed by the Department of Transportation, with all applicable orders and regulations of other 

U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the 

conditions imposed above.

 

1/2008
APPENDIX B

The statements of authorization granted are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) American and Qatar Airways 

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 Qatar Airways must promptly notify the Department (Office of International Aviation) 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 notices should be 

filed in Docket OST-2013-0007.

5 6

(c) American and/or Qatar Airways 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, which carrier will be operating the aircraft in the code-share market added, and 

the date on which the service will begin. Such notices should be filed in Docket OST-2013-0007.

(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; that 

the passenger liability of the operating carrier be unaffected; and that the operating carrier shall not 

permit the code of its U.S. code-sharing partner to be carried on any flight that enters, departs, or transits 

the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight 

prohibition.

(e) Any service provided shall be consistent with all applicable agreements between the United States and 

Qatar, and all applicable agreements with other 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 rights are limited unless American notifies us of its intent to serve such 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;7 and (ii) should there be a request by any carrier to 

use the limited-entry route rights that are included in American’s authority by virtue of the blanket 

statement of authorization granted here, but that are not being used by American, the holding of such 

authority will not be considered as providing any preference for American in a carrier selection 

proceeding to determine which carrier(s) should be entitled to use the authority at issue.

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

 5 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.

6 Pursuant to the Department’s Notice in the Matter of Blanket Notification of Code-Share Service to Open-Skies 

Partners and Points issued February 9, 2009, the Joint Applicants have provided blanket notification of their intent

to display the QR designator code of Qatar Airways between all U.S. points and between U.S. points and points in any

open-skies country in connection with foreign air transportation. 7 The notice referenced in condition (c) above may be used for this notification.
APPENDIX C

Initial Codeshare Points

Country Points

Azerbaijan Doha-Heydar Aliyev International Airport

Cambodia Doha-Phnom Penh

Hong Kong Doha-Hong Kong

Saudi Arabia Doha-Jeddah/Riyadh/Buraidah/Dammam

Seychelles Doha-Seychelles

Sudan Doha-Khartoum

Tunisia Doha-Tunisia

Vietnam Doha-Ho Chi Minh City/Hanoi

Yemen Doha-Sana’a