	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on October 13, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-1999-4994

________________________________________________________________________
_____________

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   8/26/2005  to:

XX  Amend exemption under 49 U.S.C. §40109 renewed and amended in this
docket on June 15, 2005, to:

Permit American Airlines to provide code-share service under its
existing Japan authority with Japan Airlines so that JAL could operate
flights with aircraft wet leased to JAL by JAL Express, a sister company
of JAL.   American requires an amendment to its existing authority to
provide code-share service with JAL on flights wet leased to JAL by JAL
Express. 

Applicant rep:  Carl B. Nelson  (202) 496-5647  DOT Analyst:  Gerald
Caolo  (202)-366-2406

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: October 13 , 2005,  through  
June 15, 2007, 

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

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

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 approving the American/Japan Airlines
code-share

                         Operations, dated February 18, 1999, Docket
OST-1999-4994, and conditions therein

________________________________________________________________________
_____

Remarks:

We amend condition (3) of Notice of Action Taken, dated June 15, 2005,
to read as follows: 

(3)	The authority granted is limited to code-share operations on flights
(a) operated by Japan Airlines International Co. Ltd. (JAL) or by its
affiliate JALways Co., Ltd. and (b) operated by JAL with aircraft wet
leased to JAL by Japan Airlines Domestic Co., Ltd. or by JAL Express
Co., Ltd.

The duration of this amendment will be coextensive with the latest
renewal of American’s authority in this Docket, i.e. June 15, 2007. 

________________________________________________________________________
______

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.

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
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 order 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 



U.S. Carrier Exemption Conditions

In the conduct of the 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 all applicable requirements of the Federal Aviation
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
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI 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.

											  05/2004

 

 American holds exemption authority and a statement of authorization to
provide, in part, scheduled foreign air transportation of persons,
property, and mail between United States and Japan, and any two points
in Japan, limited to traffic originating or terminating outside Japan.

American already operates this service under a code-share agreement with
JAL.  The authority is limited to code-share operations with JAL or with
JAL’s subsidiary JALways.  In addition, code-share operations may be
operated by JAL with aircraft wet leased to JAL by Japan Airlines
Domestic.

 We have granted JAL Express the necessary underlying authority.  See
Notice of Action Taken dated October 12, 2005, Docket OST-2005-22258.

 American referred to this condition as condition 4.  However, we
recently renumbered this condition as condition 3.  See Notice of Action
Taken dated June 15, 2005, Docket OST-1999-4994.

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