BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Joint Application of: AMERICAN AIRLINES, INC. and BRITISH AIRWAYS, PLC DOT OST 2002 13861 Under 14 C.F.R. Part 212 and 49 U.S.C. 40109 for amended statements of authorization JOINT APPLICATION OF AMERICAN AIRLINES, INC. AND BRITISH AIRWAYS PLC FOR AMENDMENT OF STATEMENT OF AUTHORIZATION Communications with respect to this document should be sent to: For American Airlines, Inc.: Robert A. Wirick Managing Director John B. Williams Senior Analyst American Airlines, Inc. 1200 17th Street, NW (817) 963 0394 robert.wirick@aa.com john.b.williams@aa.com G. Brent Connor Thompson Hine LLP 1919 M Street, NW, Suite 700 (202) 331 8800 brent.connor@thompsonhine.com For British Airways Plc: Richard Mendles General Counsel, Americas James B. Blaney Senior Counsel, Americas 2 Park Avenue, Suite 1100 New York, New York 10016 richard.mendles@ba.com jim.blaney@ba.com Don H. Hainbach Garofalo Goerlich Hainbach PC 1200 New Hampshire Ave., NW, Suite 590 (202) 776 3970 dhainbach@ggh airlaw.com June 12, 2018 NOTICE: The applicants request expedited processing of this application. The applicants will poll the U.S. carrier representatives served with this application and notify the Department promptly of the results of the poll.
BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Joint Application of: AMERICAN AIRLINES, INC. and BRITISH AIRWAYS, PLC DOT OST 2002 13861 Under 14 C.F.R. Part 212 and 49 U.S.C. 40109 for amended statements of authorization JOINT APPLICATION OF AMERICAN AIRLINES, INC. AND BRITISH AIRWAYS PLC FOR AMENDMENT OF STATEMENT OF AUTHORIZATION Pursuant to 14 CFR Part 212, American Airlines, Inc. ( American Airlines ) and British Airways Plc ( British Airways ) hereby request amendment of their existing statement of authorization to engage in codeshare operations to the extent necessary to permit British Airways to display the AA* designator code of American Airlines on British Airways flights using aircraft wet leased from Qatar Airways Q.C.S.C. ( Qatar Airways ) in addition to flights operated by British Airways. American Airlines and British Airways respectfully request expedited treatment of this application and a waiver of the Department s 45 day advance filing requirement. In support of this application, American Airlines and British Airways state as follows: 1. British Airways and American Airlines current codeshare authority was most recently granted by DOT Order 2010 2 8 issued February 13, 2010 in Docket DOT OST 2002 13861. That existing authorization provides for British Airways to display the American Airlines AA* designator code: On flights operated by British Airways Plc between (i) points in the European Union, (ii) points in the European Union and points in the United States (either nonstop or via intermediate points in third countries), (iii) points in the European Union and points in third countries, and (iv) points in the United States and points in third countries.
Joint Application for Amendment Of Statement of Authorization American Airlines and British Airways respectfully request that the existing authorization be further amended to allow British Airways to also display the American Airlines AA* designator code on British Airways flights using aircraft wet leased from Qatar Airways between (i) points in the European Union, and (ii) points in the European Union and points in third countries. 1 2. Initially, flights to be operated by Qatar Airways with the amended AA BA code share authorization requested in this application will be between London (LHR), on the one hand, and Kuwait City, Kuwait (KWI), Delhi, India, (DEL) and Muscat, Oman (MCT), on the other hand. American Airlines holds a certificate of public convenience and necessity issued in Dockets DOT OST 2000 8516 and DOT OST 2005 22228, Order 2007 4 2 (Served April 3, 2007), that permits American Airlines to provide combination service to all of the United States foreign aviation partners that have entered into an open skies agreement with the United States. Open skies agreements between the United States and Kuwait, India and Oman, respectively, are currently being applied. 1 American Airlines and British Airways request is consistent with previous Department of Transportation ( Department ) approvals of similar applications. See, e.g., Department Action, Docket DOT OST 2018, March 19, 2018 (granting application of Japan Airlines Co., Ltd ( JAL ) for an amended blanket statement of authorization under 14 CFR Part 212 to permit JAL to display the HA* designator code of Hawaiian on flights operated by J Air Co., Ltd ( J Air ) on a wet lease basis on behalf of JAL between points in Japan in connection with services between the United States and Japan) and Notice of Action Taken, Docket DOT OST 2018 0020, March 19, 2018, (granting J Air s application for a statement of authorization under 14 CFR Part 212 to display the HA* designator code of Hawaiian on flights operated by J Air on a wet lease basis for JAL between points in Japan pursuant to the JAL Hawaiian codeshare agreement); Notice of Additional Code Sharing of Delta Air Lines, Inc. ( Delta ) and Société Air France ( Air France ), Docket DOT OST 2000 6939, February 5, 2009 and Notice of Action Taken, Dockets DOT OST 2016 0054 and DOT OST 2000 6939, April 1, 2016 (granting application of HOP! for a blanket statement of authorization under 14 CFR Part 212 where Air France displays the DL* designator code of Delta on flights between and beyond points in EU Member States using HOP! aircraft wet leased to Air France); Department Action, Docket DOT OST 2013 0069, June 13, 2013 (granting Joint Application of Delta and Virgin Atlantic Airways, Ltd. ( Virgin Atlantic ) for blanket statements of authorization to engage in codeshare services) and Department Action, Dockets DOT OST 2013 0069 and DOT OST 2013 0090, June 13, 2013 (granting Application of Aer Lingus Limited for a blanket statement of authorization to display the DL* designator code of Delta on flights operated by Aer Lingus on a wet lease basis for Virgin Atlantic between points in the United Kingdom/EU pursuant to the Virgin Atlantic Delta codeshare agreement). 2
Joint Application for Amendment Of Statement of Authorization 3. Qatar Airways holds a foreign air carrier permit issued on July 9, 2008 by Order 2008 9 12 in Docket DOT OST 2006 24538. That permit authorizes Qatar Airways to engage in: Foreign scheduled and charter air transportation of persons, property, and mail from points behind Qatar, via Qatar and intermediate points, to a point or points in the United States and beyond. The Department s grant of a foreign air carrier permit demonstrates that Qatar Airways is fit, willing, and able to operate the services for which American Airlines and British Airways are requesting authority to display the American Airlines AA* code. 2 4. American Airlines compliance statement on Qatar Airways IATA Operational Safety Audit ( IOSA ) was presented to the Federal Aviation Administration on August 9, 2017. Qatar is a Category 1 country. 5. The Department has already determined that the American Airlines British Airways codeshare arrangement is consistent with the public interest, and consistent with the Air Transport Agreement between the United States of America and the European Community and Its Member States ( U.S. EU Agreement ). Grant of the requested authorization to allow British Airways to display the American Airlines AA* designator code on flights operated by Qatar Airways would also be consistent with the public interest, and with applicable U.S. air services agreements. 6. Because the services for which authorization is requested here are intended to begin on or about June 17, 2018, or as soon as all required government approvals are obtained, American Airlines and British Airways are requesting expedited processing of this application. The applicants will contact representatives of the air carriers listed on the attached service list to determine whether any object to this application, and will advise the Department regarding the polling results. 2 Qatar Airways is simultaneously filing an application for a statement of authorization under 14 CFR Part 212 to permit it to display the AA* designator code of American Airlines on flights operated by Qatar Airways on a wet lease basis for British Airways. 3
Joint Application for Amendment Of Statement of Authorization 7. British Airways and American Airlines previously provided blanket notification in this docket of their intent to engage in reciprocal codeshare services to open skies points, and British Airways and American Airlines hereby confirm that they will notify the Department no later than 30 days before commencing any codeshare services to or from non open skies countries regardless of whether that service is operated with British Airways aircraft, or with aircraft wet leased from Qatar Airways. ACCORDINGLY, American Airlines and British Airways respectfully request that the Department amend the existing statement of authorization issued in this docket as described above, and grant such other relief as the Department deems appropriate. Respectfully submitted, Robert A. Wirick Managing Director John B. Williams Senior Analyst American Airlines, Inc. 1200 17th Street, NW (817) 963 0394 robert.wirick@aa.com john.b.williams@aa.com Don H. Hainbach Garofalo Goerlich Hainbach PC 1200 New Hampshire Ave., NW, Suite 590 (202) 776 3970 dhainbach@ggh airlaw.com Counsel for British Airways Plc June 12, 2018 4
Certificate of Service I hereby certify that a copy of the foregoing application was served via email on the persons listed below. June 12, 2018 Chris Walker (Delta) Alex Krulic (Delta) Steven Seiden (Delta) Daniel A. Weiss (United) Stephen Morrissey (United) Abby Bried (United) Nancy Sparks (FedEx) Courtney Felts (FedEx) Dontai Smalls (UPS) Anita Mosner (UPS) Jennifer Nowak (UPS) Tristan Coughlin (UPS) Mark Atwood (Western Global/Kalitta) Robert P. Silverberg (ABX Air/ Air Transport International) Jeff Johnson (ABX Air) John Mietus (Centurion Air Cargo/Sky Lease) Malcolm Benge (National Airlines) Kevin Montgomery (Polar) Russel Pommer (Atlas) Airline Information Research Vanessa C. Krasniewicz chris.walker@delta.com alex.krulic@delta.com steven.seiden@delta.com dan.weiss@united.com steve.morrissey@united.com abried@jenner.com nssparks@fedex.com cefelts@fedex.com dsmalls@ups.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com tristan.coughlin@hklaw.com matwood@cozen.com rsilverberg@sgbdc.com jjohnson@sgbdc.com john@mietuslaw.com mlbenge@zsrlaw.com kevin.montgomery@polaraircargo.com rpommer@atlasair.com info@airlineinfo.com John Duncan (FAA) Paul Brown (State Department) Terri Robl (State Department) Brian Hedberg (DOT) Benjamin Taylor (DOT) Bob Finamore (DOT) Eugene Alford (Commerce) john.s.duncan@faa.gov brownpa@state.gov robltl@state.gov brian.hedberg@dot.gov benjamin.taylor@dot.gov robert.finamore@dot.gov eugene.alford@trade.gov