			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 20, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-13855

________________________________________________________________________
___________________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).

Applications of  US AIRWAYS, INC. filed  2/27/04,  and  3/30/04,  to:

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

2/27/04:

Scheduled foreign air transportation of persons, property, and mail
between Ft. Lauderdale, Florida, and Cancun, Mexico. 

3/30/04:

Scheduled foreign air transportation of persons, property, and mail
between Washington/Baltimore and Cancun, Mexico.

Applicant rep:  Howard Kass (703) 872-5230 DOT Analyst: Sylvia Moore
(202) 366-6519

D I S P O S I T I O N

XX  Granted Ft. Lauderdale-Cancun request (subject to conditions, see
below)

XX  Deferred Washington/Baltimore-Cancun request (see remarks below)

The authority granted was effective when taken:   May 20, 2004, through 
 December 4, 2004 (coextensive with US Airways’ existing authority in
this Docket).

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 Mexico.

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)

Special Conditions/Remarks:  The U.S.-Mexico exemption authority granted
is subject to the dormancy notice requirements set forth in condition 7
of Appendix A of Order 88-10-2.  Consistent with our standard practice,
the dormancy notice period for Ft. Lauderdale-Cancun will begin July 17,
2004, US Airways’ proposed startup date for this service.

2

Request for Washington/Baltimore-Cancun:  Under the U.S.-Mexico aviation
agreement, only two U.S. carriers may be designated to provide nonstop
transborder services in each city-pair market.  In its application US
Airways states that, because only one U.S. carrier (United Air Lines,
Inc.) currently serves the Washington, DC-Cancun market and only one
U.S. carrier (Brendan Airways, LLC d/b/a USA 3000) currently serves the
Baltimore-Cancun market, US Airways’ requests for new authority to
serve the Washington/Baltimore-Cancun markets are “within the
double-designation-per-city-pair limitation.”  However,
Washington/Baltimore is considered a single U.S. gateway point under the
bilateral agreement.  Since United and USA 3000 are already using the
two possible designations for the Washington/Baltimore-Cancun city-pair
market, no additional designations are available at this time.  Under
these circumstances, we decided to defer action on this portion of US
Airways’ request.

________________________________________________________________________
___________________________________________

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 application 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 deferred, 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

					

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 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

