UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on March 2 6 , 2010


### NOTICE OF ACTION TAKEN

-- DOCKET OST

- 2004

- 16945
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 February 12, 2010

, and amended March 1 0 , 2010

, 1 f

or :

XX Renewal of e xemption for two years for American under 49 U.S.C. 40109 to provide the following service:

1. Scheduled foreign air transportation of persons, property, and mail between points in the United States and points within Mexico b eyond American’s authorized Mexican gateway points for transborder services for the purpose of blind

- sector code

- sharing services operated between the Mexican gateway points and other points within Mexico on services operated b y Compania Mexicana de Aviaci on, S.A., de C.V. (Mexicana) or its affiliate, Aerocaribe d/b/a Click Mexicana.

2. Scheduled foreign air transportation of persons, property, and mail between the following city

pair markets: Chicago

- Guadalajara; Chicago

- Morelia; Chicago

- Zacatecas; Denver

- Me xico City; Fresno

- Guadalajara; Las Vegas

- Guadalajara; Las Vegas

- Mexico City; Las Vegas

- San Jose del Cabo; Los Angeles

- Cancun; Los Angeles

- Guadalajara; Los Angeles

- Leon; Los Angeles

- Mazatlan; Los Angeles

- Mexico City; Los Angeles

- Monterrey; Los Angeles

- Morel ia; Los Angeles

- Zacatecas; New York/Newark

- Mexico City ; New York/Newark

- Monterrey; Oakland

- Guadalajara; Oakland

- Leon; Oakland

- Zacatecas; Orlando

- Mexico City; Portland

Guadalajara; Sacramento

- Guadalajara; Sacramento

- Morelia; Sacramento

- San Jose del Cabo; Sa n Antonio

- Mexico City; San Francisco

- Guadalajara; San Francisco

- Mexico City; San Francisco

- Puerto Vallarta ; San Jose

- Guadalajara; and San Jose

- Morelia. American continues to provide these services on a code

- share basis, whereby Mexicana will display the “ AA*” designator code on the flights of Mexicana on the subject routes.
Applicant rep: C arl B. Nelson, Jr. (202) 496

- 5647 DOT Analyst: Linda L. Lundell (202) 366

- 2336

D I S P O S I T I O N

XX Granted (subject to conditions , below)

The above actio n was effective when taken: March 2 6 , 2010, through March 2 6 , 2012, or until 90 days after final Department action on American’s corresponding application for a certificate of public convenience and necessity in Docket DOT

- OST

- 2000

- 8516, whichever occurs e arlier.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

1 American amends its renewal application to delete its requests for San Antonio

- Monterrey and San Francisco

- Morelia authority, stating that Mexicana no longer serves these markets.XX The authority granted is consistent with the aviation agreement between the United States and

Mexico.
Except to the extent exempted or waived, this authori ty is subject to the terms, conditions, and limitations indicated: XX American ’ s certificate s of public convenience and necessity

XX Standard U.S.

- carrier exemption conditions (attached) XX Statement of Authorization approving American/Mexicana’s code

- share operations

a nd conditions therein

Conditions: The U.S.

- Mexico exemption authority renewed for American is subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 88

- 10

- 2 , and is limited to ope rations conducted on a code

- share basis only.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found American qualified to provide the exemption services authorized. Under authority assigned by the Departme nt 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 u nder 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 w hen 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

### STANDARD U.S. CARRIER E XEMPTION 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 o versales 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 th e 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 wit h 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 complian ce 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 p lans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations required by the public in terest 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 peri od when the holder is in compliance with the conditions imposed above.



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