UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on January 8, 2010

NOTICE OF ACTION TAKEN -- DOCKET 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).

Application of AMERICAN AIRLINES, INC. (American) filed 12/9/09 for: 1

XX Exemption under 49 U.S.C. 40109 to the extent necessary to permit American to display its designator code on flights operated by its fo reign code-share partners on the following services: 2

Scheduled foreign air transportation of persons, prop erty, and mail between points in the United States and points worldwide on a third-country code-share basis pursuant to blanket code-share statements of authorization approved by the Department.

Applicant rep.: Carl B. Nelson, Jr. (202) 496-5647 DOT Analyst: Thuy H. Cooper (202) 366-5423

DISPOSITION

XX Granted (subject to conditions and remarks, see below)

The above action was effective when taken: January 8, 2010 , through January 8, 2012

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

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.

Except to the extent exempted or waived, this authorit y is subject to the terms, conditions, and limitations

indicated: XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

XX Conditions attached to the relevant blanket statements of authorization 3

1 American states that the instant application replaces an outdated application in Dock et DOT-OST-2 005-20247, which should be dismissed. We will address that docket separately.

2 American’s foreign code-share partners are: Cathay Paci fic Airways Limited (Cathay Pa cific), Etihad Airways PJSC (Etihad), Finnair Oyj (Finnair), Gulf Air Company (Gulf Air), Japan Airlines International Co., Ltd. (JAL), Jet Airways (India) Ltd. (Jet Airways), Lan Airlines S.A. (Lan), Lan Peru, S.A. (Lan Peru), Malév Hungarian Airlines (Malév), Compania Mexicana de Aviacion, S.A. de C.V. (Mexicana), Qantas Airways Li mited (Qantas), and Alia – The Royal Jordanian Airlines (Royal Jordanian).

3 See Notices of Action Taken dated 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 (American-Finnair); August 4, 2008, in Docket DOT-OST-2 008-0195 (American-Gulf Air); Fe bruary 18, 1999, in Docket DOT-OST-1999-4994 (American-JAL); January 7, 2008, in Docket DOT-OST-2007-0078 (American-Jet Airways); January 7, 2000, in Docket DOT-OST-1999-6546 (American-Lan); February 16, 2007, in Docket DOT-OST-2004-19965 (American-Lan Peru); May 17, 2007, in Docket DOT-OST-2006-26737 (American Malév); April 29, 2004, in Docket DOT-OST-2004-16945 (American-Mexicana); May 23, 2008, in Docket DOT-OST-2008-0138 (American-Qantas); and March 23, 2007, in Docket DOT-OST-2006-26716 (American-Royal Jordanian).__________________________________________________________________________________________ Remarks: We note that American has conducted a safety audit on all of its named forei gn air carrier code-share partners and affiliates under the Depart ment’s Code Share Safety Program, and the FAA has advised that it has reviewed the relevant audit program a nd found the program to be acceptable.

The exemption authority granted here is for operati ons with the named forei gn code-share partners ( see fn 2). Should American and any new code-share partner be granted statements of au thorization, 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 partners. 4

__________________________________________________________________________________________ On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the services authorized.

Under authority assigned by the Department in its regul ations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of th e exemption authority was consistent with the public interest; and (3) grant of the authority would not cons titute a major federal action under the Energy Policy and Conservation Act of 1975. To the extent not granted, 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 with in 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 order is available on the World Wide Web at:

http://www.regulations.gov

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.

### ATTACHMENT

U.S. Carrier Exemption Conditions

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

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

(2) Comply with applicable requirements c oncerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

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

(4) Comply with requirements for minimum insura nce coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise pr ovided for in a Department Order, comply with the requirements of 14 CFR 203, concerni ng waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirement s of the Federal Aviati on Administration, the Transportation Security Administ ration, and with all ap plicable 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 concer ning security, the holder shall, before commencing any new service (including charter fli ghts) to or from a foreign airpor t, contact its Principal Security Inspector (PSI) to advise the PSI of its plans a nd 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 applicab le orders and regulations of other U.S. agencies and courts, a nd with all applicable laws of the United States.

The authority granted shall be eff ective only during the period when the holder is in compliance with the conditions imposed above.

1/2008