	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on March 16, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-9167

________________________________________________________________________
_____________

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  01/21/2005   to:	

XX Amend and renew exemption for an indefinite duration pursuant to 49
U.S.C. §40109, last granted by Notice of Action Taken dated March 31,
2003, to provide the following service: 

Scheduled foreign air transportation of persons, property and mail
between points in the United States and points in India, either nonstop
or via intermediate points, and either with its own aircraft or by
codesharing with any partner.  American seeks the authority to operate
its own flights as well as offering code-share service with any of its
existing code-share partners, to the extent consistent with the new
U.S.-India Open Skies Air Transport Agreement.

No answers to the application were filed.  

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

D I S P O S I T I O N

XX  Granted, in part.

XX  Balance dismissed (i.e., for longer-term authority) (see below).  

The above action was effective when taken: March 16, 2005, through March
16, 2007.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX   The authority granted is consistent with the January 2005 aviation
agreement between the United States and India, which is being
provisionally applied on the basis of comity and reciprocity, pending
its formal entry into force.  

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  Statements of authorization approving American’s/foreign carrier
code-share 

		        operations, and conditions therein

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_________________

Dismissal:  Consistent with our standard practice for this type of
application, we granted American’s exemption authority for a period of
two years, and dismissed its request for longer-term authority. 

2

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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 or dismissed, 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 

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 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 and 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

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