	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on January 5, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-97-3179

________________________________________________________________________
_____________

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   12/17/2004 to:	

XX  Renew 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 and a point or points in
the Netherlands and beyond.  US Airways also requests the right to
integrate this authority with its other existing certificate and
exemption authority.

No answers were filed to this application.

Applicant rep:  Howard Kass (703) 872-5230  DOT Analyst:  Linda Senese
(202) 366-2367

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:   January 5, 2005,  through
January 5, 2007

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.          

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)

________________________

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of this route integration authority should be construed as conferring
upon US Airways’ rights (including fifth-freedom intermediate and/or
beyond rights) to serve markets where U.S. carrier entry is limited
unless US Airways notifies the Department of its intent to serve such a
market and unless and until the Department has completed any necessary
carrier selection procedures to determine which carrier(s) should be
authorized to exercise such rights; and (b) should there be a request by
any carrier to use the limited-entry route rights that are included in
US Airways’ authority by virtue of the route integration exemption
granted here, but that are not then being

(See Reverse Side)

2

used by US Airways, the holding of such authority by route integration
will not be considered as providing any preference for US Airways in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

The authority granted to serve beyond points is limited to countries
with which the United States has signed open-skies agreements and/or
countries for which US Airways holds authority to serve under
certificates and exemptions issued by the Department, and for which it
holds route integration authority by virtue of either the present action
or other action of the Department.

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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 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 order 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 applicable U.S. Government
requirements concerning security, including, but not limited to 49 CFR
Part 1544.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) to or from a foreign
airport, contact its International Principal Security Inspector (IPSI)
to advise the IPSI of its plans and to find out whether the
Transportation Security Administration has determined that security is
adequate to allow such airport(s) to be served; 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.

										05/2004

