 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 17, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2000-7150

________________________________________________________________________
_____________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 5/28/2004, for:

XX  Renewal of exemption under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points in Turkey, with the right
to integrate such authority with American’s existing certificates of
public convenience and necessity and other exemptions.  American states
that it uses the authority to engage in code-sharing services with
Turkish Airlines.

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:   June 17, 2004,  through
June 17, 2006.                                     .

  

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 Turkey.

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 American/Turkish Airlines
code-share operations dated July 20, 2000

________________________

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.  Furthermore, (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon American additional 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 American’s
intent to serve such a market and unless and until the Department has 

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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 authority granted here, but that are not then being used by
American, the holding of such authority by route integration will not be
construed as providing any preference for American in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

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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.

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 document is available on the World Wide
Web at:

http://dms.dot.gov//reports/report_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

