UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 21, 2010

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2006-24194 

 

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 4/30/10, for:

XX Renewal of exemption 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between the United States and 

Bariloche, Cordoba, Mendoza, and Rosario, Argentina, via Santiago, Chile.

1

 American states that

it uses this authority to engage in code-share services with Lan Airlines (Lan), whereby American 

places its “AA*” code on flights operated by Lan between Chile and Argentina.

Applicant rep: Carl 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, see below)

The above action was effective when taken: May 21, 2010, through May 21, 2012. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and 

Argentina.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: 

 XX The holder’s certificates of public convenience and necessity 

 XX Standard exemption conditions (attached)

XX Statements of Authorization approving Lan/American2code-share operations and 

 conditions therein (see Docket DOT-OST-1999-6546)

Conditions: The exemption authority granted to American is limited to services provided on a code-share 

basis only.

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.

 

1

 Although American did not explicitly request renewal of the intermediate authority to serve Santiago, Chile, we 

have added it here consistent with our original grant of the subject U.S.-Argentina authority (see Notice of Action 

Taken dated August 29, 2006, in the captioned docket).

2

 The statements of authorization were originally issued to American and Lan Chile, S.A. By letter dated

September 23, 2004, we granted the request of Lan Chile, S.A. to change its name to Lan Airlines S.A.
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
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; and

(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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