BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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Joint Application of

AMERICAN AIRLINES, INC.

and

TAM-LINHAS AEREAS, S.A.

under l4 CFR Part 2l2 for statements of

authorization and related exemption

authority (blanket codesharing)

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Docket DOT-OST-2012-

JOINT APPLICATION OF AMERICAN AIRLINES, INC.

AND TAM-LINHAS AEREAS, S.A. FOR STATEMENTS OF AUTHORIZATION

AND RELATED EXEMPTION AUTHORITY

Communications with respect to this document should be sent to:

MARSHALL S. SINICK

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6651

marshall.sinick@squiresanders.com

Counsel for TAM-Linhas Aereas,

S.A.

December 17, 2012

VIRASB VAHIDI

Senior Vice President -

Marketing and Planning

and Chief Commercial Officer

American Airlines, Inc.

P.O. Box 619616, MD 5634

DFW Airport, Texas 75161

ROBERT A. WIRICK

Managing Director, Regulatory

and International Affairs

American Airlines, Inc.

P.O. Box 619616, MD 5635

DFW Airport, Texas 75161

WILLIAM K. RIS, JR.

Senior Vice President -

Government Affairs

American Airlines, Inc.

1101 17th Street, N.W.

Washington, D.C. 20036

FRANCIS C. HEIL

Senior Attorney

American Airlines, Inc.

1101 17th Street, N.W.

Washington, D.C. 20036

(202) 496-5642

francis.heil@aa.com
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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Joint Application of

AMERICAN AIRLINES, INC.

and

TAM-LINHAS AEREAS, S.A.

under l4 CFR Part 2l2 for statements of

authorization and related exemption

authority (blanket codesharing)

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:

:

:

:

:

:

:

:

Docket DOT-OST-2012-

JOINT APPLICATION OF AMERICAN AIRLINES, INC.

AND TAM-LINHAS AEREAS, S.A. FOR STATEMENTS OF AUTHORIZATION

AND RELATED EXEMPTION AUTHORITY

American Airlines, Inc. (and affiliates American Eagle

Airlines, Inc. and Executive Airlines, Inc. d/b/a American

Eagle) and TAM-Linhas Aereas, S.A. hereby jointly apply under l4

CFR Part 2l2 for blanket statements of authorization of

indefinite duration and under 49 USC 41309 for related

exemptions in order to engage in reciprocal codeshare services

under the United States-Brazil Air Transport Agreement, as

amended.

The applicants propose to implement codeshare services in

early 2013 and request that the Department process this

application on an expedited basis.1 A list of the

1 The applicants also request a waiver of the 45 day advance

filing requirement set forth in 14 C.F.R. 212.10(d)(2).
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contemplated codeshare markets is provided in Annex B of the

codeshare agreement and is attached to this application.2

Specifically, American and TAM are seeking the

following authority:

Statements of Authorization

(A) American requests a blanket statement of authorization to

display TAM’s JJ* designator code in conjunction with

foreign air transportation of persons, property, and mail

on flights operated by American or American Eagle between

(l) points in the United States; (2) points in the United

States and points in Brazil (either nonstop or via

intermediate points in third countries); (3) points in the

United States and points in third countries; and (4)

points in Brazil and points in third countries.

(B) TAM requests a blanket statement of authorization to

display American's AA* designator code in conjunction with

foreign air transportation of persons, property, and mail

on flights operated by TAM between (l) points in Brazil;

(2) points in Brazil and points in the United States

(either nonstop or via intermediate points in third

countries); (3) points in Brazil and points in third

2 The applicants will poll the carriers served with this

application and will promptly notify the Department of the

results. A redacted copy of the codeshare agreement is being

separately filed in this docket and will be provided to all

interested persons upon request.
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countries; and (4) points in the United States and points

in third countries.3

Related Exemption

(C) American requests related exemption authority to

support the codeshare services described above (AA* on TAM).

American currently holds point-limited U.S.-Brazil rights.

See certificate authority, Route 389, most recently renewed by

Order 2001-5-26, May 25, 2001 (renewal application pending in

DOT-OST-1995-297); exemption authority, Notice of Action

Taken, DOT-OST-1996-1353, May 20, 2011.

TAM requests exemption authority to place its JJ* code

on American’s flights to support the codeshare services

described above.

The blanket codeshare authorizations and related

exemption requested herein are fully consistent with the

United States-Brazil Air Transport Agreement, as amended by a

Memorandum of Understanding on March 19, 2011. The MOU

provides for a transition period leading to full U.S.-Brazil

open skies on October 1, 2015. Article 2, para. 3 of the MOU

further provides that there are no frequency limitations

applicable to non-operating carriers engaged in codesharing.

The joint application is also consistent with the public

3 To the extent necessary, TAM requests a special authorization

under 14 C.F.R. 216 allowing it to provide blind sector

service between its authorized U.S. gateways and points in

third countries, either nonstop or via intermediate points in

third countries, for the carriage of TAM’s authorized BrazilU.S. traffic in combination with Brazil-third country traffic.
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interest. See Statement of United States International Air

Transportation Policy, 60 Fed. Reg. 21841, May 3, 1995.

Blanket codeshare authority should be granted to

American and TAM so they can offer the full range of services

permitted under the U.S.-Brazil agreement. The services

contemplated by American and TAM will provide a greater range

of consumer benefits and enhance the seamless travel

experience of U.S. and Brazilian passengers.

American and TAM previously provided reciprocal

codeshare services as approved in DOT-OST-1997-2421.

Codeshare arrangements between TAM and other U.S. carriers

have been approved as well. See DOT-OST-2007-0012 (United),

DOT-OST-2010-0056 (Continental), and DOT-OST-2010-0127 (US

Airways).

While full open skies between the U.S. and Brazil does

not take effect until October 1, 2015, American and TAM ask

that the Department apply its Notice in the Matter of Blanket

Notification of Codeshare Service to Open-Skies Partners and

Points, February 9, 2009.

Under that Notice, American and TAM hereby provide

blanket notification of their intent to engage in reciprocal

codeshare services:

► Between points in the United States and points

in Brazil (on a nonstop basis and intermediate

routings via open skies points)

► Between points in the United States
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► Between points in Brazil

► Beyond Brazil to open skies points

► Beyond the United States to open skies points

American and TAM will notify the Department no later

than 30 days before commencing codeshare services to or from

non-open skies countries, and will conduct all of their

codeshare operations in compliance with 14 CFR Part 257 and

other consumer protection regulations.

In response to the Department's letter of June l, l995,

to participants in the Civil Reserve Air Fleet Program,

American states that the codeshare arrangement at issue here

will have no impact on American's CRAF commitments.

American and TAM request that blanket statements of

authorization be granted for an indefinite period, consistent

with Department precedent in other codeshare dockets.

On December 11, 2012, American’s compliance statement

on TAM’s IOSA codeshare safety audit was presented to the

Federal Aviation Administration. The FAA has rated Brazil a

Category 1 country.

WHEREFORE, American and TAM request expedited approval of

this application so that the initial phase of AA/JJ* and

JJ/AA* codeshare services may be implemented in early 2013.
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Respectfully submitted,

__________________

MARSHALL S. SINICK FRANCIS HEIL

Squire Sanders (US) LLP Senior Attorney

American Airlines Inc.

Counsel for TAM-Linhas Aereas, S.A.

DATED: December 17, 2012
ANNEX B

CODESHARED ROUTES

The Parties shall mutually designate certain flights serving the Codeshared Routes shown below on

which the Parties shall place their respective Codes. For clarification purposes only, neither Party

shall be required to place its Code on any flight(s) operated by the other Party on any Route or allow

the other Party to place such other Party’s Code on any flight(s) operated by the first Party on any

Route. The implementation date for each Codeshared Route shall occur on a date to be mutually

agreed between the Parties, subject to obtaining all Governmental Approvals and the satisfaction of

the condition precedent pursuant to Section 3.1(c). In the event that all Governmental Approvals have

not been obtained by such date for some particular Codeshared Route(s), then the implementation date

for each such Codeshared Route shall occur at a later date as mutually agreed by the Parties.

Operating Carrier American / Marketing Carrier TAM

Miami/New York/Orlando/Dallas to/from

Albuquerque Detroit Los Angeles Oklahoma

City San Jose

Atlanta El Paso Maui Philadelphia San Juan

Austin Fresno Miami Phoenix San Francisco

Baltimore Hartford Minneapolis Portland Santa Barbara

Boise Honolulu Monterey Raleigh Seattle

Boston Houston Nashville Reno St. Louis

Charlotte Jacksonville Newark Sacramento Tampa

Chicago Kona New York Salt Lake City Tucson

Dallas Kauai New Orleans San Antonio Vail/Eagle

Denver Las Vegas Orlando San Diego Washington

Miami to/from

Belo Horizonte Recife Salvador

Brasilia Rio de Janeiro Sao Paulo

Cancun Mexico City Manaus

Montreal Toronto

New York to/from

Rio de Janeiro Sao Paulo

Montreal Toronto

Dallas to/from

Rio de Janeiro Sao Paulo
Operating Carrier TAM / Marketing Carrier American

Belo Horizonte/ Brasilia/ Manaus/ Recife/ Rio de Janeiro/ Salvador and

São Paulo to/from

Aracaju Curitiba Joinvile Palmas Salvador

Belém Florianopolis Londrina Porto Alegre Sao Jose do Rio Preto

Belo Horizonte Fortaleza Macapá Porto Seguro Sao Luiz

Boa Vista Goiania Maceio Porto Velho Sao Paulo

Brasilia Iguassu Falls Manaus Recife Teresina

Campinas Ilheus Marabá Ribeirao Preto Uberlandia

Campo Grande Imperatriz Natal Rio Branco Vitoria

Cuiaba Joao Pessoa Navegantes Rio de Janeiro

Sao Paulo and Rio de Janeiro to/from

Miami New York Orlando

Belo Horizonte/ Brasilia/ Manaus to/from

Miami
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Joint

Application of American Airlines, Inc. and TAM-Linhas Aereas,

S.A. for statements of authorization and related exemption

authority has been served this 17th day of December, 2012,

upon the following persons:

sascha.vanderbellen@delta.com; sametta.c.barnett@delta.com

jeff.morgan@delta.com

jhill@dowlohnes.com; perkmann@dowlohnes.com

jyoung@yklaw.com; dkirstein@yklaw.com

dan.weiss@united.com; steve.morrissey@united.com;

jonathan.linde@united.com

howard_kass@usairways.com; benjamin.slocum@usairways.com

rsilverberg@sgbdc.com

JCanny@amerijet.com; jrichardson@johnlrichardson.com

rpommer@atlasair.com

john@mietuslaw.com

kelli.bryan@evergreenairlines.com

anbird@fedex.com

matwood@cozen.com

kevin.montgomery@polaraircargo.com

agoerlich@ggh-airlaw.com

anita.mosner@hklaw.com

mlbenge@zsrlaw.com

urskr@state.gov

john.allen@faa.gov

____________________________

Marshall S. Sinick