Order 2011-11-22

Served: November 17, 2011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 17th Day of November, 2011

Joint Application of:

AMERICAN AIRLINES, INC.

BRITISH AIRWAYS PLC

FINNAIR OYJ

IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A.

ROYAL JORDANIAN AIRLINES

Under 49 U.S.C. §§ 41308-41309 for approval of 

and antitrust immunity for alliance agreements

Docket DOT-OST-2008-0252

Joint Application of:

IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A.

and

IBERIA LÍNEAS AÉREAS DE ESPAÑA

SOCIEDAD ANÓNIMA OPERADORA

for transfer of Foreign Air Carrier Permit and 

related authorizations pursuant to 49 U.S.C. § 

41303

Docket DOT-OST-2010-0283

ERRATUM

The above-captioned carriers are members of an alliance that was approved and 

granted antitrust immunity in July 2010.1

 1 See Order 2010-7-8 (July 20, 2010), as amended by Order 2011-3-1 (March 10, 2011), Docket 

DOT-OST-2008-0252.
2

The authority granted to the carriers included the ability to code share on a 

blanket basis, subject to conditions, which we found would create new service 

opportunities and thus be in the public interest.2 In the body of the orders, the 

Department stated that it was granting the applicants’ full request to code share,3 which 

had included the ability to place each other’s code on the flights of affiliates.4 

It has come to our attention, however, that the Final Order did not include language to 

allow reciprocal code sharing with British Airways’ affiliate, OpenSkies SAS. Such 

authority was explicitly requested by the carriers5 and was considered as part of the 

Department’s competitive and public interest analysis. The appropriate language was 

inadvertently omitted from the ordering paragraphs. 

We are issuing this erratum to correct the oversight. We will serve this order on 

interested parties.

ACCORDINGLY:

1. We amend Order 2010-7-8 by striking Ordering Paragraph 2 and inserting in 

its place (new text bolded and underlined) the following text:

Subject to the conditions set forth in the attached Appendix A, we renew the 

existing statements of authorization of American Airlines, Inc. and British 

Airways Plc and amend their existing authority to allow blanket reciprocal 

open-skies code sharing under 14 CFR Part 212 for:

a. The display of British Airways Plc’s “BA” designator code and 

OpenSkies SAS’ “EC” designator code on flights operated by American 

Airlines, Inc. or its affiliates between (i) points in the United States, (ii) 

points in the United States and points in the European Union (either 

nonstop or via intermediate points in third countries), (iii) points in the 

United States and points in third countries, and (iv) points in the European 

Union and points in third countries; and

b. The display of American Airlines, Inc.’s “AA” designator code on flights 

operated by British Airways Plc or its affiliate OpenSkies SAS

 2 See Order 2010-2-8 at 12 (Feb. 13, 2010).

between 

(i) points in the European Union, (ii) points in the European Union and 

3 See Order 2010-2-8 at 12 (Feb. 13, 2010).

4 See Joint Application for Blanket Code Sharing at 1, Docket DOT-OST-2002-13861 (Aug. 14, 

2008).

5 See Joint Application for Blanket Code Sharing at 1, Docket DOT-OST-2002-13861 (Aug. 14, 

2008).
3

points in the United States (either nonstop or via intermediate points in 

third countries), (iii) points in the European Union and points in third 

countries, and (iv) points in the United States and points in third countries; 

2. We amend Order 2010-7-8 by striking Appendix A, as issued on July 20, 

2010, and inserting in its place the revised Appendix A that is attached to this 

Order (new text bolded and underlined).

By:

SUSAN L. KURLAND

Assistant Secretary for Aviation

and International Affairs

(SEAL)

An electronic version of this document is available at http://www.regulations.gov
1

APPENDIX A

Code-Share Conditions

(REVISED)

The statements of authorization are subject to the following conditions, which shall also 

apply to code-share operations involving affiliates of the captioned carriers:

(1) The statements of authorization will remain in effect only as long as (a) American 

and British Airways continue to hold the necessary underlying authority to operate the 

code-share services at issue, and (b) the code-share agreement providing for the codeshare operations remains in effect;

(2) American and/or British Airways must notify the Department no later than 30 days 

before they begin any new code-share service under the code-share services authorized 

here. Such notice shall identify the market(s) to be served, which carrier will be 

operating the aircraft in the code-share market added, and the date on which the service 

will begin. Such notices should be filed in Docket DOT-OST-2002-13861; 

(3) American and/or British Airways must notify the Department immediately if the 

code-share agreement under which these code-share services are operated is no longer in 

effect or if the carriers decide to cease operating all or a portion of the approved codeshare services. Such notices should be filed in Docket DOT-OST-2002-13861;6

(4) The code-sharing operations conducted under this authority must comply with 14 

CFR Part 257 and with any amendments to the Department's regulations concerning 

code-share arrangements that may be adopted. Notwithstanding any provisions in the 

contract between the carriers, our approval here is expressly conditioned upon the 

requirements that the subject foreign air transportation be sold in the name of the carrier 

holding out such service in computer reservation systems and elsewhere; that the carrier 

selling such transportation (i.e., the carrier shown on the ticket) accept responsibility for 

the entirety of the code share journey for all obligations established in its contract of 

carriage with the passenger; and that the passenger liability of the operating carrier be 

unaffected; 

(5) Any service provided shall be consistent with the provisions of the U.S.-EU 

agreement, and all applicable agreements with other foreign countries involved. 

Furthermore, (a) nothing in the award of the blanket statement of authorization to 

American should be construed as conferring upon American rights (including code-share, 

fifth-freedom intermediate and/or beyond rights) to serve markets where U.S. carrier 

rights are limited unless American notifies us of its intent to serve such market and unless 

and until the Department has completed any necessary carrier selection procedures to 

determine which carrier(s) should be authorized to exercise such rights;7

 6 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.

and (b) should 

there be a request by any carrier to use the limited-entry route rights that are included in 

American’s authority by virtue of the blanket statement of authorization granted here, but 

7 The notice referenced in condition (2) above may be used for this notification.
2

that are not being used by American, the holding of such authority will not be considered 

as providing any preference for American in a carrier selection proceeding to determine 

which carrier(s) should be entitled to use the authority at issue.

(6) The authority granted here is specifically conditioned so that neither American nor 

British Airways shall give any force or effect to any contractual provisions between 

themselves that are contrary to these conditions; and

(7) We may amend, modify, or revoke the authority granted at any time without hearing 

at our discretion.