 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 16, 2002

                     NOTICE OF ACTION TAKEN -- DOCKET OST-1997-2419

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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.  filed  7/31/02 for:

				 

XX  Amend its exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property and mail
between a point or points in the United States and Campo Grande,
Londrina, and Maceio, Brazil.  American also seeks the right to
integrate this requested authority with its existing certificate and
exemption authority.  American states that it will serve these points
under its code-share arrangement with TAM-Lineas Aereas, S.A. 

Applicant rep.: Carl B. Nelson, Jr. (202) 496-5647 DOT analyst:  Linda
Senese (202) 366-2367

DISPOSITION

XX  Granted,  subject to conditions (see below)

The above action was effective when taken:  August 16, 2002, through
August 16, 2004.

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

XX  The authority requested is consistent with the U.S.-Brazil 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  Standard exemption conditions (attached)

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Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved, and further (a) nothing in the award of
the route

(See Reverse Side)

2

integration authority granted should be construed as conferring upon
American rights (including fifth-freedom, intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless
American notifies the Department of its intent to serve such a 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, 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 route integration exemption
granted here, but that are not then being used by American, the holding
of such authority by virtue of route integration will not be considered
as providing American a preference in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

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Under the 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 action taken 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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

								      Attachment

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
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 the applicable requirements of the Federal Aviation
Administration Regulations and with all U.S. Government requirements
concerning security; 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.

