 

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-2000-7924 

________________________________________________________________________
____________________________________

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
Belgium, and beyond.  US Airways also requests the right to integrate
this authority with its other existing certificate and exemption
authority.  US Airways states that it currently offers service in this
market through codesharing.

No answers were filed to the 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 Belgium.

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 

(See Reverse Side)

2

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 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.

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; and (2) grant of the 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 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

