U.S. Department ofTransportation Office ofthe Secretary ofTransportation DEPARTMENT ACTION ONAPPLICATION IN DOCKET DOT -OST-2012-0092 (Filed March 10, 2015) Joint application ofAmerican Airlines, Inc. (American) 1and Air Tahiti Nui (Air Tahiti) for an amended statement ofauthorization under 14 CFRPart 212 to permit American to display the (TN*) designator code ofAir Tahiti on American-operated flights in conjunction with Air Tahiti's services in foreign air transportation (1) within the United States; and (2) between the United States and third countries.2 Thejoint applicants request that the statement ofauthorization be granted for an indefinite period. The applicants further request a waiver ofthe 45-day advance filing requirement under 14 CFRPart 212.
*Approvedunder assigned authority (14 CFR §385.13). Date ofAction: April3, 2015

This action is subjectto the conditions attached. Persons entitled topetition the Departmentfor review ofthis action under the Department's regulations, 14 CFR §385.30, should file their petitions within seven days ofthe date ofthis action. This action is effective immediately, and the filing ofa petition for review will not alter its effectiveness.

An electronic version ofthis document is available onthe World Wide Web at: http://www.regulations.gov

1American also files this application on behalfofits affiliate Envoy Air, Inc., formerly American Eagle Airlines, Inc. 2 American's existing statement ofauthorizationpermits it to display the (TN*) designator code in conjunction with foreign air transportation ofpersons, property and mail on American-operated flights between Los Angeles, California and points in the U.S. See Notice ofAction Taken dated July 5, 2012, in this Docket. Air Tahiti also holds a statement ofauthorization that permits it to display the (AA*) designator code in conjunction with foreign air transportation ofpersons, property, and mail on Air Tahiti-operated flights between Los Angeles, California and Auckland, New Zealand, via Papeete, French Polynesia. See Department approval dated August 27, 2013 in this Docket.

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The statement ofauthorization granted is subjectto the following conditions: (a) The statement ofauthorization will remain in effect only as long as (i) American and Air Tahiti 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 Air Tahiti must promptly notifY the Department (Office ofInternational Aviation) ifthe code-share agreement providing for the code-share operations is no longer effective or ifthe carriers decide to cease operating all or a portion ofthe approved code-share services. Such notices should be filed in Docket DOT-OST-2012-0092. 3 (c) American and/or AirTahiti must notifY the Department no laterthan 30 days before they begin any new code-share service under the code-share services authorizedhere. 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.4 Such notices should be filed in Docket DOT-OST-2012-0092. (d) The code-sharing operations conducted under this authority must comply with 14 CFR257 and with any amendments to the Department's regulations concerning code-share arrangements that may be adopted. Notwithstanding any provisions in the contract betweenthe carriers, our approval here is expressly conditionedupontherequirements that the subject foreign air transportation be sold in the name ofthe 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 ofthe code-sharejourney for all obligations established in its contract ofcarriage withthe passenger; andthatthe passenger liability ofthe operating carrier be unaffected. (e) Any service provided shall be consistent with all applicable agreements between the United States and the foreign countries involved. Furthermore, (i) nothing in the award ofthis blanket statement ofauthorization should be construed as conferring upon American rights (including code-share, fifth-freedom intermediate and/orbeyond rights) to serve markets where U.S. carrier rights are limited unless American notifies us ofits intentto serve such market and unless and until the Departmenthas completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights;5 and (ii) should there be a request by any carrierto use the limited-entry route rights that are included in American's authority by virtue ofthe blanket statement ofauthorization granted here, butthat are not being used byAmerican, the holding ofsuch authority will notbe considered as providing any preference for American in a carrier selection proceedingto determine which carrier(s) should be entitledto use the authority at issue. (f) The authority granted here is specifically conditioned so thatneither American nor Air Tahiti shall give any force or effectto any contractual provisions between themselves that are contrary to these conditions. (g) Wemay amend, modifY, or revoke the authority granted at any time without hearing at our discretion.

3 We expect this notification to be received within 10 days ofsuch non-effectiveness or ofsuch decision. 4 Thejoint applicants provided notice oftheir intent to code share on flights between all United States points and between United States points and points in any open-skies country. 5 The notice referenced in condition (c) above may be used for this notification.