 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 30, 2002

   NOTICE OF ACTION TAKEN -- DOCKET OST-95-554

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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).

Application of US Airways, Inc.  filed 5/7/2002 to:

XX Amend its exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, on the one hand, and a
point or points in St. Maarten, Netherlands Antilles, and points beyond,
on the other.  USAirways states that it initially plans to offer San
Juan, Puerto Rico-St. Maarten and beyond service pursuant to a
code-share agreement with Daystar Airways, Ltd. d/b/a Nevis Express. 
USAirways further states that it plans to begin this service on or about
June 2002.

Applicant rep:   Joel Stephen Burton  (202) 383-5300    DOT Analyst: 
Linda Senese (202) 366-2367

D I S P O S I T I O N

XX  Granted  

The above action was effective when taken: May 30, 2002, through  May
30, 2004.

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 the Netherlands Antilles.

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)

(See Reverse Side)

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 exemption 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, 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 document is available on the World Wide
Web at:

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 U.S. Government requirements
concerning security; 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.

 USAirways has an existing exemption to conduct scheduled foreign air
transportation of persons, property, and mail between Charlotte, NC,
Philadelphia, PA, and Baltimore/Washington, on the one hand, and St.
Maarten, Netherlands Antilles, on the other. (See Notice of Action Taken
in this docket dated

June 8, 2001.)

 We note that although Daystar Airways Ltd. d/b/a Nevis Express may
conduct the requested operations on behalf of USAirways under its
worldwide charter authority, it may not serve these points using it own
code (i.e. on a scheduled basis) until its pending application in Docket
OST-99-5062 for an amendment to its certificate for Route 786 has been
approved and an amended certificate of public convenience and necessity
has been issued.

