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 foreign code-share partners on the following services:2

 

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-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 authority 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 authorization3

 

1

 American states that the instant application replaces an outdated application in Docket DOT-OST-2005-20247, which 

should be dismissed. We will address that docket separately. 

2

 American’s foreign code-share partners are: Cathay Pacific Airways Limited (Cathay Pacific), 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 Limited (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-2008-0195 (American-Gulf Air); February 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 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 program and found the program to be acceptable. 

The exemption authority granted here is for operations with the named foreign code-share partners (see fn 2). 

Should American and any new 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 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 regulations, 14 CFR Part 385, we found that (1) our action 

was consistent with Department policy; (2) grant of the exemption authority was consistent with the public 

interest; and (3) grant of the authority would not constitute 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 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 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 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