UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on July 5 , 2012

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2012

- 0092

_____________________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming or der will be issued in this matter).

Application of AMERICAN AIRLINES, INC (American) and AIR TAHITI

- NUI (Air Tahiti) filed

6 / 5 /12

, for: 1 2

XX Statement of Authorization under 14 CFR 212 to permit American to engage in the following code

share services :

Display the TN* code in conjunction with foreign air transportation of persons, property and mail

on American

- operated flights between Los Angeles, California and points in the U.S.

XX Statement of Authorization under 14 CFR 212 to permit Air Tahiti to e ngage in the following code

share services:

Display the AA* code in conjunction with foreign air transportation of persons, property, and mail

on Air Tahiti

- operated flights between Los Angeles , California and Papeete, French Polynesia. 3

Applicant rep s : Evelyn D. Sahr (202) 659

- 6622 and Carl Nelson (202) 496

- 5647

DOT Analyst: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

XX Granted Statement of Authorization for American (subject to conditions, see below)

XX Granted Statement of Authorization for Air Tahiti (subject to conditions, see below)

The above actions were effective when taken: July 5 , 2012

, and will remain in effect indefi nitely, subject to conditions.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

1 The J oint A pplicants note that American is also applying on behalf of its affiliated carriers American Eagle
Airlines,

Inc. and Executive Airl ines, Inc. d/b/a American Eagle.

2 On June 18, 2012 American withdrew its request for exemption authority to serve between Los Angeles, California and Papeete, French Polynesia since it already holds that authority under its blanket open

- skies certificate issued by

Order 2007

- 4

- 2

. 3 Air Tahiti holds permit authority to provide scheduled service from points behind French Polynesia, via French Polynesia, and intermediate points to the U.S. and beyond. See Order 2003

- 9

- 27 Issuing Foreign Carrier Permit.XX The authority granted is consistent with the United States

- France Air Transport Agreement, as

amended.

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 Conditions for Statements of Autho rization (attached as Appendix A )

We note that American has conducted a safety audit of Air Tahiti under the Department’s Code

- Share Safety Audit Program, and the FAA has advised us that it has reviewed the relevant a udit report and found it to be acceptable.

___________________________________________________________________________________ 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.

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

intere st; 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 with in 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

### APPENDIX A

The Statement s of Authorization granted are subject to the following conditions:

(a) The statement s of authorization will remain in effect only as long as American and Air Tahiti continue to hold the underlying authority to operate the codeshare services at issue, and the codeshare agreement providing for the codeshare operations remains in effect.

(b) American and Air Tahiti must promptly notify the Department (Of fice of International Aviation) if the codeshare agreement is no longer effective or if the carriers decide to cease operating all or a portion of the approved codeshare services. 4 (Such notice should be filed in Docket DOT

- OST

- 2012

- 0092 .)

(c) American and Air Tahiti 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 noti ce shall identify the market(s) to be served, which carrier will be operating the aircraft in the code

- shar e market added, and the date on which the service will begin. 5 ( Such notices should be filed in Docket DOT

- OST

- 2012

- 0092. )

( d ) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendment s 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 tr ansportation be sold in the name of the carrier holding out such service in the 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; that the passenger liability of the operating carrier be unaffected; and that the operating carrier shall not permit

the code of its U.S. code

- sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition.

(e ) The authority granted here is specifically conditioned so that American and Air Tahiti shall not give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

(g ) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

Persons entit led to petition the Department for review of this action under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, and the filing of a petition for r eview will not alter its effectiveness.



### 1/2008

4 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.

5 The Joint Applicants provided blanket notification of their intent to engage in reciprocal code share services between all U.S. points and between U.S. points and points in any Op en Skies country. We note, however, that the statement of authorization we are granting here is limited, per the express terms of the application. We will, therefore, disregard the blanket notice as moot.

### APPENDIX C

INITIAL LIST OF CODE

- SHARED ROUTES

*= It is agreed and understood between the Parties that TN may only place its Code on the flights operated by American on these Routes for purposes of connecting Codeshared Passengers to the scheduled flights operated by TN on the LAX

- PPT Route.