UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on June 8 , 20 1 5

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2015

- 0096

______________________ ________________________________________________________ ____________ ___________________________ 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 / 2 9 / 1 5 for:

XX E xemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Miami, Flo rida

, and San Salvador, Bahamas

, pursuant to a codesharing arrangement with Republic Airline, Inc

. (Republic) 1 2

Applicant rep resentative s : Howard Kass, Robert A. Wirick, and Abigail Donovan (202) 326

- 5153

DOT Analyst: Della E. Davis (202) 366

- 2432

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: June 8 , 20 1 5 through June 8

, 20 1 7

. Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The U.S.

- Bahamas authority granted is consistent with the 1946 Air Transport Agreement between the United States and the United Kingdom, as amended, to which the Government of the Bahamas acceded upon its independence

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

indicated:

XX American ’s certificates of public convenience and necessity

XX St andard exemption conditions (attached)

Conditions : The code

- share operations conducted under this authorization are subject to the following

conditions:

(a) The code

- share operations conducted under this authority must comply with 14 CFR 257 and with

a ny amendment 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 for eign air transportation be sold in the name of the carrier holding out such service in computer reservation systems and elsewhere; that the carrier

1 American states that it intends to serve this market pursuant to a codesharing arrangement with Republic, whereby American will place its code on flights operated by Republic.

2 Republic has underlying exemption a uthority to engage in “scheduled foreign air transportation of persons, property, and mail between points in the U nited States and points in the Bahamas.” ( see Notice of Action Taken,

dated March 30 , 201 5

, in Docket DOT

- OST

- 2011

- 0018 .)- 2

-

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

(b) The authority granted here is specifically conditioned so that ne ither Republic nor American shall give any force and effect to any contractual provisions between themselves that are contrary to these

conditions.

_____________________________________________________________________________________ On the basis of data o fficially 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

act ion 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 exte nt 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: http://www.regulations.gov

### ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations aut horized, 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 spe cifically 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 Admi nistration, 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 concer ning 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 A dministration 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 Transportatio n, 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 impose d above.

1/2008