 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 3, 2004

   NOTICE OF ACTION TAKEN -- DOCKETS OST-2004-18614            

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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).

Joint application of   America West Airlines, Inc. and Royal Jordanian
Airlines       filed 7/12/04  for: 

XX  Statement of authorization for America West under 14 CFR Part 212
to:

Permit America West to transport persons, property and mail on its
domestic flights in the United States under Royal Jordanian’s
designator code (RJ) in conjunction with Royal Jordanian’s flights
between the United States, via intermediate points, and Jordan, and
beyond. 

XX  Statement of authorization for Royal Jordanian under 14 CFR Part 212
to:

Permit Royal Jordanian to transport persons, property and mail under
America 

West’s designator code (HP) between Amman, Jordan, and points in the
United States. 

Applicant rep: Joanne W. Young, (202) 861-1532        DOT Analyst:
Gerald Caolo (202) 366-2406

                        (America West)

                        Michael Boulos

                        (Royal Jordanian)

D I S P O S I T I O N

XX  Granted statement of authorization for America West (subject to
conditions, see below)

XX  Deferred on the statement of authorization for Royal Jordanian 

The statement of authorization granted to America West was effective
when taken:  September 3, 2004, and will remain in effect indefinitely,
subject to the conditions listed below.

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 Jordan. 

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX America West’s
certificates of public convenience and necessity 

	

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Conditions:  

The statement of authorization granted is subject to the following
conditions:

(a)	The statement of authorization will remain in effect only as long as
(i) America West and Royal Jordanian continue to hold the necessary
underlying authority to operate the code-share services at issue, and
(ii) the code-share agreement providing for the code-share operations
remains in effect.

(b)	America West and/or Royal Jordanian must promptly notify the
Department (Office of International Aviation) if the code-share
agreement providing for the code-share operations is no longer effective
or if the carriers decide to cease operating all or a portion of the
approved code-share services.  Such notices should be filed in Docket
OST-2004-18614. 

 

(c) 	America West and/or Royal Jordanian must notify the Department no
later than 30 days before they begin any new code-share service under
the code-share services authorized here.  Such notice shall identify the
market(s) to be served, which carrier will be operating the aircraft in
the code-share market added, and the date on which the service will
begin.  Such notices should be filed in Docket OST-2004-18614. 

(d)	The code-sharing conducted under this authority must comply with
Part 257 and with any amendments to the Department’s regulations
concerning code-share arrangements that may be adopted.  
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in the computer reservation systems and
elsewhere; and that the carrier selling such transportation (i.e., the
carrier shown on the ticket) accept responsibility for the entirety of
the code-share journey for all obligations established in its contract
of carriage with the passenger ; and that the passenger liability of the
operating carrier be unaffected.  

(e)	The authority granted here is specifically conditioned so that
neither America West nor Royal Jordanian shall give any force or effect
to any contractual provisions between themselves that are contrary to
these conditions.

(f)	We may amend, modify, or revoke the authority granted at any time
without hearing at our discretion.

Remarks:

The applicants have requested a term of five years for the effectiveness
of the statements of authorizations.  However, our general policy in a
case such as this has been to grant such authority for an indefinite
period subject to the conditions above.  Therefore, we have sua sponte
decided to grant the statement of authorization for an indefinite
period.

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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 deferred we denied all requests in the
referenced Docket. 

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

 Initially America West will display the Royal Jordanian code on its
flights between Phoenix and Las Vegas, on the one, hand, and Detroit,
New York, and Chicago, on the other, and between Los Angeles and San
Francisco, on the one hand and New York, on the other. 

 By a filing on September 2, 2004, the joint applicants, noting a delay
in the completion of America West’s safety audit of Royal Jordanian,
ask the Department to immediately grant the joint application to the
extent of issuing America West its requested statement of authorization.

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

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