Order No. 2015-A-229

December 23, 2015
APPLICATION by American Airlines, Inc. for an exemption from the application of paragraph 18(c) of the Air Transportation Regulations, SOR/88-58, as amended.
Case number: 
15-05628
15-05629

American Airlines, Inc. (American Airlines) has applied to the Canadian Transportation Agency (Agency) for an exemption from the application of paragraph 18(c) of the Air Transportation Regulations (ATR) to permit it to provide international services to and from Canada using aircraft displaying the livery of US Airways or US Airways Express from December 30, 2015.

American Airlines is licensed to operate scheduled and non-scheduled international services pursuant to the Air Transport Agreement between the Government of Canada and the Government of the United States signed on March 12, 2007 (Agreement).

Paragraph 18(c) of the ATR provides that:

the licensee shall not operate an international service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

American Airlines, Inc. and US Airways, Inc. will merge on December 30, 2015 with American Airlines serving as the surviving entity.

American Airlines states that it anticipates that the time period required for the repainting of the fleet that are currently painted in the US Airways and US Airways Express liveries will be three years from the anticipated merger of December 30, 2015.

The Agency has considered American Airlines’ request and finds that compliance with paragraph 18(c) of the ATR is impractical in this case.

Accordingly, the Agency, pursuant to paragraph 80(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, exempts American Airlines from the application of paragraph 18(c) of the ATR for a period of three years from the effective date of the merger in order to permit it to provide international services to and from Canada using aircraft displaying the livery of US Airways or US Airways Express.

This exemption is subject to the condition that American Airlines ensures that it is clearly identified as the operator of the air services in all public solicitations and representations (including invoices) by American Airlines.

Member(s)

P. Paul Fitzgerald
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