UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, DC

 Issued by the Department of Transportation on October 7, 2010 

 NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2010-0245 

_____________________________________________________________________________________ 

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 10/1/10 for:

XX Exemption authority pursuant to 49 U.S.C. 40109 to provide the following service: 

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California 

and Shanghai, People’s Republic of China.1

XX Allocation of seven (7) weekly U.S.-China combination frequencies to serve the Los AngelesShanghai market.

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

DISPOSITION 

XX Granted (subject to the conditions described below).

The above action granting exemption authority was effective when taken: October 7, 2010, through 

October 7, 2012. 

The above action allocating frequencies was effective when taken: October 7, 2010, and will remain in 

effect indefinitely, subject to the conditions below. 2

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The authority granted is consistent with the Air Transport Agreement, as amended, between 

the United States and the People’s Republic of China. 

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

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

 XX Standard exemption conditions (attached as Appendix A) 

_____________________________________________________________________________________

Conditions: Consistent with our standard practice, the frequencies allocated here are subject to our 

standard 90-day dormancy condition, wherein any frequency not operated for a period of 90 days (once 

 

1

 The carrier states that it plans to operate daily nonstop service beginning April 5, 2011. 

2

 Our action granting American’s current request leaves a total of 21 U.S.-China scheduled combination frequencies 

available for allocation. 
inaugurated and for any reason other than seasonal use), will be deemed dormant and the allocation as to 

that frequency will expire automatically and the frequency will revert to the Department for reallocation. 

In addition, we will allow a 10-day leeway in the proposed start-up date for American. We will allow 

American to inaugurate service with all of its frequencies within 10 days of April 5, 2011 (i.e., by April 

15, 2011), the carrier’s proposed start-up date. Any frequency not inaugurated by April 15, 2011 will 

revert to the Department. 

Remarks: We acted on this application prior to the expiration of the answer period with the consent of all 

parties served. 

_____________________________________________________________________________________ 

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 application 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, 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: 

http://www.regulations.gov
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