UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 8, 2011

 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 3/21/2011 for:

XX Amendment of 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:

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

Applicant rep: Carl B. Nelson, Jr. (202) 496-5647 DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action granting amended exemption authority is effective when taken: April 8, 2011, through January 8, 

2012.

3

 

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

XX Conditions attached to the relevant blanket statements of authorization4

 1 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). 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 Lan Argentina, S.A. (Lan Argentina). 3 We are granting American’s request coextensive with its current exemption authority in this Docket. 4 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); March 23, 2007, in Docket DOT-OST-2006-26716 (American-Royal Jordanian); and June 26, 2009, in 

Docket DOT-OST-2007-0034 (American-Lan Argentina).
Remarks/Conditions: We note that American has conducted a safety audit of Lan Argentina under the Department’s 

Code Share Safety Program, and the FAA has advised that it has reviewed the relevant audit and found it to be 

acceptable.

The exemption authority granted here is for operations with the foreign code-share partners named above, to include

Lan Argentina. 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.5

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, 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

 5 American will need to have conducted code-share safety audits of its foreign partners prior to receipt of authority for such codeshare services.
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.

 

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