	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on November 13, 2007

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2001-9766

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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. (US AIRWAYS) filed 2/24/05 for:

XX Renewal of exemption under 49 U.S.C. §40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points in the Bahamas, and to
integrate this authority with its existing authorities. 

Applicant rep:   Howard Kass (202) 326-5153   DOT Analyst:  Thuy H.
Cooper   (202) 366-5423

D I S P O S I T I O N

XX  Granted, in part (subject to conditions, see below)

XX  Dismissed request for route integration authority

The above action granting exemption authority was effective when taken:
November 13, 2007, through November 13, 2009.

The above action dismissing route integration authority was effective
when taken: November 13, 2007.

Action taken by: Paul L. Gretch, Director	

		    Office of International Aviation	

XX   The authority granted is consistent with the overall state of
aviation relations between the United States and the Bahamas.           
                          

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)

	   XX  Statement of authorization approving US Airways/Bahamasair
code-share operations

	           dated July 26, 2004, and conditions therein

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Remarks: The authority for which US Airways requested renewal expired
May 16, 2005, but has been kept in force pursuant to the provisions of
the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14
CFR Part 377, pending action on its timely-filed renewal application.

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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 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 or dismissed, 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 

  HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov 

ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
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 all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, 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;

(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.

									

11/2006

 

 US Airways operates such services using its own aircraft and also
through codesharing with Bahamasair Holdings Limited.

 By Order 2006-1-1, the Department awarded the carrier a blanket route
integration certificate.

