 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 26, 2005

NOTICE OF ACTION TAKEN -- DOCKETS OST-2003-16219

________________________________________________________________________
________________________________________________________

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).

Joint Applicantion of:  Spanair, S.A. & US Airways, Inc.				Date Filed:
December 22, 2004 

Relief requested:

Spanair – Exemption from 49 U.S.C. § 41301 to engage in scheduled
foreign air transportation of persons, property and mail (a) between
Barcelona and Madrid, Spain, on the one hand, and Philadelphia,
Pennsylvania, on the other hand, and (b) beyond Philadelphia to Atlanta,
Boston, Baltimore, Washington, D.C. (Reagan National), Denver,
Dallas/Fort Worth, Houston, Las Vegas, Los Angeles, New York (LGA),
Orlando, Miami, Minneapolis, New Orleans, Chicago, Phoenix, Pittsburgh,
San Diego, Seattle, San Francisco and San Juan, Puerto Rico, pursuant to
a code-share arrangement with US Airways, a U.S. certificated air
carrier. 

Spanair – Amend existing statement of authorization under 14 CFR Part
212 to the extent necessary to permit Spanair to display the designator
code of US Airways (US*) on flights operated by Spanair beyond Barcelona
to Malaga and Palma de Mallorca, Spain. 

US Airways – Amend existing statement of authorization under 14 CFR
Part 212 to the extent necessary to permit US Airways to display the
designator code of Spanair (JK*) on flights operated by US Airways
between Philadelphia, Pennsylvania, and Barcelona, Spain.

If renewal, date and citation of last action: New exemption authority
for Spanair.  Amends the statements of authorization granted US Airways
and Spanair on November 17, 2003, in this Docket. 

Applicant representatives:  Michael F. Goldman (202) 944-3305 for
Spanair & Patrick R. Rizzi for US Airways (202) 383-5200

DOT Analyst:  Gordon H. Bingham (202) 366-2404

Responsive pleadings: None filed

DISPOSITION

Action:  Approved  								Action date:  January 26, 2005

Effective dates of exemption authority granted Spanair:  January 26,
2005–January 26, 2006 

The amended statements of authorization granted to Spanair and US
Airways were effective when taken January 26, 2005, and will remain in
effect indefinitely, subject to the conditions contained in a related
Notice of Action Taken, dated November 17, 2003, in this docket.

Basis for approval (bilateral agreement/reciprocity):  U.S.-Spain
bilateral aviation agreement

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

X  Standard exemption conditions (Spanair--Attachment A and US Airways
Attachment B)  X  Spanair’s Foreign Air Carrier Permit (Order
2000-5-28) and US Airways’ Certificate of Public Convenience and
Necessity (Order 2002-2-1).



2

Action taken by:  Paul L. Gretch, Director	

		   Office of International Aviation	

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicants are qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) 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/deferred/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 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 

								Attachment A

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
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;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

		Attachment B

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.

  Spanair’s services beyond Philadelphia to the twenty-one named U.S.
points will be offered on a blind-sector basis without local traffic
rights between U.S. points.

  US Airways’ services beyond Barcelona to Malaga and Palma de
Mallorca will be offered on a blind-sector basis without local traffic
rights between the Spanish points.

05/2004

