UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

 Issued by the Department of Transportation on October 30, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0187

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 10/17/131 for:

XX Exemption under 49 U.S.C. 40109 to provide the following services:

Scheduled foreign air transportation of persons, property, and mail between Dallas/Ft. Worth, Texas and 

Shanghai, People’s Republic of China. 2

XX Allocation of seven (7) weekly U.S.-China frequencies in order to provide scheduled foreign air 

transportation of persons, property, and mail between Dallas/Ft. Worth, Texas and Shanghai, People’s 

Republic of China. 3

Applicant representative: Francis C. Heil (202) 496-5642

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Approved request for exemption authority (subject to conditions and remarks, see below)

XX Granted request for allocation of frequencies (subject to conditions and remarks, see below)

The above action approving exemption authority was effective when taken: October 30, 2013 through October 30, 

2015.

The above action granting allocation of frequencies was effective when taken: October 30, 2013, and will

remain in effect indefinitely, subject to the conditions below.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with 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 Holder’s certificates of public convenience and necessity

XX Standard U.S. carrier exemption conditions

Remarks: We acted on this application without awaiting expiration of the 15-day answer period with the 

 1 We received an answer in support of American’s application from the Dallas-Fort Worth International Airport on October 21, 2013. 2 American is designated to serve China and currently operates daily flights between Chicago and Shanghai and Beijing as well as Los 

Angeles and Shanghai. 

3 American plans to commence daily service on June 11, 2014, using 247-seat B777 aircraft. 
consent of all parties served with the application.

With our action here, 32 frequencies remain available including 7 frequencies previously held by United Air 

Lines, Inc. for San Francisco-Guangzhou service (DOT-OST-2007-28567) and 7 frequencies previously 

held by Delta Airlines, Inc. for Tokyo-Guangzhou service (DOT-OST-2010-0285) that reverted to the 

Department in June 2013.

Conditions: Consistent with our standard practice in awarding frequencies, we will allow a 10-day leeway in

the proposed start-up date for American. We will allow American to inaugurate service with the frequencies

allocated here within 10 days of June 11, 2014 (i.e., by June 21, 2014). Failure to inaugurate service with a

newly allocated frequency by June 21, 2014 will result in the unused frequency reverting to the Department.

In addition, consistent with our standard practice, the allocated frequencies are subject to a dormancy condition. 

Under this dormancy condition, if any frequency allocated here is not used for a period of 90 days (once inaugurated 

and for any reason other than seasonal use), the allocation with respect to that frequency would expire automatically

and the frequency would revert to the Department.

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/deferred/dismissed, 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.

 

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