BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of AMERICAN AIRLINES, INC. for an exemption Docket DOT-OST-2015 pursuant to 49 U.S.C. 40109 (Dallas/Ft. Worth, Texas San Luis Potosi, Mexico APPLICATION OF AMERICAN AIRLINES, INC. FOR AN EXEMPTION (Dallas/Ft. Worth, Texas San Luis Potosi, Mexico Communications with respect to this document should be addressed to: Howard Kass Vice President Regulatory Affairs Robert A. Wirick, Managing Director, Regulatory and International Affairs Abigail Donovan Director, Congressional and Federal Affairs American Airlines, Inc. 1101 17 th Street, N.W. Washington, DC 20036 (202 326-5153 howard.kass@aa.com robert.wirick@aa.com abigail.donovan@aa.com February 25, 2015 NOTICE: American Airlines plans to poll on this application and therefore requests that any parties wishing to support or oppose this application notify American Airlines immediately.
BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of AMERICAN AIRLINES, INC. for an exemption Docket DOT-OST-2015- pursuant to 49 U.S.C. 40109 (Dallas/Ft. Worth, Texas February 25, 2015 San Luis Potosi, Mexico APPLICATION OF AMERICAN AIRLINES, INC. FOR AN EXEMPTION (Dallas/Ft. Worth, Texas San Luis Potosi, Mexico Pursuant to 49 U.S.C. 40109 and Subpart C of the Department of Transportation s ( Department Rules of Practice (14 C.F.R. Part 302, American Airlines, Inc. ( American Airlines applies for exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between Dallas, Ft. Worth/Texas ( DFW and San Luis Potosi, Mexico ( SLP pursuant to a codesharing arrangement with Mesa Airlines, Inc. ( Mesa. American Airlines requests expedited processing of this application so that it can begin seeking necessary regulatory approvals from the Mexican authorities as soon as possible. In support of this application, American Airlines respectfully states as follows: 1. American Airlines is a Delaware corporation with its principal office at 4333 Amon Carter Boulevard, Fort Worth, Texas 76155. 2. The services proposed in this application will serve the public interest by enabling American Airlines to offer consumers enhanced U.S.-Mexico services while 2
Application of American Airlines for an Exemption (Dallas/Ft. Worth, Texas San Luis Potosi, Mexico supporting commerce and providing substantial competition to other carriers serving Mexico from the United States. 3. In order to initiate this scheduled air service, American Airlines requests an exemption from 49 U.S.C. 41101 permitting it to engage in scheduled foreign air transportation of persons, property, and mail between Dallas/Ft. Worth, Texas, and San Luis Potosi, Mexico pursuant to a codeshare arrangement with Mesa. 4. American Airlines is a citizen of the United States within the meaning of 49 U.S.C. 40102(a(15(C and is fit, willing, and able to provide the services contemplated by this application. American Airlines holds various certificates of public convenience and exemption authorities. (See, e.g., DOT Order 2007-4-2, April 3, 2007, Dockets OST-2000-8516 and OST-2005-22228 (Blanket Open-Skies Route Authority; Notice of Action Taken, October 7, 2014, Docket DOT-OST-2014-0169 (Dallas/Ft. Worth, Texas-Beijing, People s Republic of China. Pursuant to Rule 24 of the Department s Rules of Practice, American Airlines requests that the Department take official notice of all information previously filed to establish its fitness. 5. American Airlines will provide service pursuant to a codeshare arrangement whereby American Airlines will place its code on flights operated by Mesa in the DFW to SLP market. 1 6. American Airlines Application is consistent with the 1960 Air Transport Agreement between the Government of the United States of America and the Government of the United Mexican States, as amended by the Memorandum of 1 Mesa intends to operate scheduled air service in the DFW-SLP market using regional jet aircraft operating under the American Eagle brand. 3
Application of American Airlines for an Exemption (Dallas/Ft. Worth, Texas San Luis Potosi, Mexico Consultations signed on September 21, 2005 ( Air Service Agreement. Under the terms of the Air Service Arrangement, any designated airline of one Party may enter into cooperative marketing arrangements with an airline or airlines of either Party, provided that either the United States or Mexico may grant such authorization to no more than ten of its airlines for each non-stop gateway city pair segment (Air Service Agreement, Annex III, Paragraphs 1 and 3. In November 2014, the U.S. and Mexican governments successfully negotiated and initialed an amended Air Transport Agreement that will include, among other provisions, open third and fourth freedom rights for passenger airlines. American applauds the efforts on the part of both governments and recognizes that the agreement is scheduled to enter into force on January 1, 2016, after both Parties have completed the necessary internal processes. The new agreement, once entered into force, will expand opportunities for each Party. Nevertheless, American s request for authority for this route is consistent with the existing U.S.-Mexico aviation agreement currently in place. To the best of American Airlines knowledge, the DFW-SLP route is not fully subscribed with ten codeshare authorizations granted by the Department. 7. American Airlines states that approval of this application will have no effect on its CRAF commitments. Furthermore, American Airlines submits that its application raises no environmental or energy issues, and anticipates no difficulty in obtaining fuel for this service. 8. American Airlines will accept and abide by all terms, limitations, and conditions that the Department normally attaches to exemption authority for scheduled 4
Application of American Airlines for an Exemption (Dallas/Ft. Worth, Texas San Luis Potosi, Mexico foreign air transportation. American Airlines asks that this requested authority be granted for an unlimited term rather than the standard two (2 years. 9. American Airlines requests the Department to use expedited procedures to approve the authority sought in this application. 10. The requisite filing fee is enclosed. WHEREFORE, American Airlines respectfully requests that its application for an exemption, as discussed herein, be granted, as well as such further relief as the Department deems warranted for such services. American Airlines further requests that the Department notify the Government of Mexico in writing of the designation of American Airlines for scheduled air services at issue in this application. Respectfully submitted, Howard Kass Vice President Regulatory Affairs Robert A. Wirick Managing Director, Regulatory and International Affairs Abigail Donovan Director, Congressional and Federal Affairs American Airlines, Inc. 1101 17 th Street, N.W. Washington, DC 20036 (202 326-5153 howard.kass@aa.com robert.wirick@aa.com abigail.donovan@aa.com February 25, 2015 5
CERTIFICATE OF SERVICE I certify that, on February 25, 2015, a copy of the foregoing Application of American Airlines, Inc. for an Exemption, was sent by email upon those addressees listed below: englets@state.gov (Department of State cristinasa@state.gov (Department of State paul.gretch@dot.gov (Department of Transportation brian.hedberg@dot.gov (Department of Transportation todd.homan@dot.gov (Department of Transportation peter.irvine@dot.gov (Department of Transportation laura.remo@dot.gov (Department of Transportation brett.kruger@dot.gov (Department of Transportation john.s.duncan@faa.gov (Federal Aviation Administration dan.weiss@united.com (United steve.morrissey@united.com (United gmurphy@crowell.com (Counsel for United sascha.vanderbellen@delta.com (Delta chris.walker@delta.com (Delta jhill@cooley.com (Counsel for JetBlue and Hawaiian perkmann@cooley.com (Counsel for JetBlue and Hawaiian robert.land@jetblue.com (JetBlue jeremy.ross@alaskaair.com (Alaska dheffernan@cozen.com (Counsel for Alaska jyoung@yklaw.com (Counsel for Spirit dkirstein@yklaw.com (Counsel for Spirit bob.kneisley@wnco.com (Southwest leslie.abbott@wnco.com (Southwest matwood@cozen.com (Counsel for Frontier stephen.lachter@lachterlaw.com (Counsel for Frontier ethan.blank@rjet.com (Republic robert.cohn@hoganlovells.com (Counsel for Republic patrick.rizzi@hoganlovells.com (Counsel for Republic thomas.ting@suncountry.com (Sun Country rpommer@atlasair.com (Atlas anita.mosner@hklaw.com (Counsel for UPS nssparks@fedex.com (FedEx kevin.montgomery@polaraircargo.com (Polar barbara.russell@virginamerica.com (Virgin America Howard Kass