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 17 th 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 abi lity 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 expl icitly requested by the carriers 5 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 oversi ght. 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 Bri tish 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 (ei ther 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 nons top 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 t hat is attached to this Order (n ew 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.gov1 A PPENDIX A Code

- Share Conditions (R EVISED )

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 underlyi ng authority to operate the code

- share services at issue, and (b) the code

- share agreement providing for the code

share operations remains in effect;

(2) American and/or British Airways must notify the Department no later than 30 days before they begin a ny 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. Suc h 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 d ecide to cease operating all or a portion of the approved code

share 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 amend ments 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 ai r 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 c ode 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
agr eement, 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

- fr eedom 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
d etermine which carrier(s) should be authorized to exercise such rights; 7

6 We expect this noti fication 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 gr anted 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 is sue.

(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.