 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 15, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-98-3376

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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 12/1/2003  to:

XX  Renew and amend for two years exemption under 49 U.S.C. 40109 to
provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between any point in the United States and any point in Poland,
consistent with the U.S.-Poland open skies agreement.  American states
that it uses the authority for code-share operations with British
Airways and with Swiss Air International Air Lines d/b/a Swiss. 

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

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: January 15, 2004,  through
January 15, 2006. 

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX  The exemption authority granted is consistent with the aviation
agreement between the United States and Poland.

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)

	   XX  Statement of authorization for American/British Airways
code-share operations 

(Order 2003-5-33 in Docket OST-2003-13861) dated May 30, 2003, and
conditions therein; and statement of authorization for American/Swiss
(formerly Crossair Ltd. d/b/a Swiss) (Docket OST- 2002-12001) dated
April 23,  2002, and conditions therein

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On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

(See Reverse Side)

2

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 exemption 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 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://dms.dot.gov//reports/reports_aviation.asp



U.S. Carrier Exemption Conditions

In the conduct of operations authorized, 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 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 and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning 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 Administration has determined that security is adequate to
allow such airport(s) to be served; 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.

										8/2003

 By letter dated July 1, 2002, the Department acknowledged the request
of Crossair Ltd. for change of name to Swiss International Air Lines
Ltd. d/b/a Swiss.

