 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 15, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15946           

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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 7/28/05 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 any point or points in the United States, and any point or
points in Germany, directly and via intermediate points, and beyond
Germany to any point or points in third countries, and to integrate this
authority with US Airways’ existing certificate and exemption
authority.  US Airways further requests any necessary exemption
authority (including the right to integrate such authority with its
existing certificates and exemptions) in order to engage in code-sharing
arrangements with Lufthansa.  

Applicant rep: Howard Kass (703) 872-5230   DOT Analyst:  Thuy H. Cooper
(202)366-5423                          

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: September 15, 2005, through
September 15, 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 Germany.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  

XX US Airways’ certificates of public convenience and necessity 

		XX Standard exemption conditions 

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Conditions: The exemption authority granted to US Airways is subject to
the following condition:

Any service provided under the route integration authority granted shall
be consistent with all applicable agreements between the United States
and the foreign countries involved.  Furthermore, (a) nothing in the
award of the route integration authority requested 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
carriers(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.

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On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found US Airways qualified to provide the
exemption 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 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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
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

 US Airways also applied on behalf of its affiliated carriers, Piedmont
Airlines and PSA Airlines.

 Lufthansa’s regional carrier, Lufthansa CityLine GmbH (Lufthansa
CityLine), is also authorized to display the US Airways designator code.
  

