UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 9, 2006

NOTICE OF ACTION TAKEN -- DOCKETS OST 2003-16735 and OST-2003-16718

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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).

Joint application of    America West Airlines, Inc. d/b/a US Airways and
Mesa Airlines, Inc.,

filed  10/26/05 for:

Docket OST-2003-16735:

XX  Renewal of exemption for America West Airlines, Inc. d/b/a US
Airways for two years under 49 U.S.C. §40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between Los Angeles, California, and Puerto Vallarta, Mexico.  The joint
applicants state that the authority will be used by placing either the
America West “HP*” code and/or the US Airways “US*” code on Mesa
Airlines’ flights in the Los Angeles-Puerto Vallarta market.  

Docket OST-2003-16718:

XX  Renewal of exemption for Mesa Airlines, Inc., for two years under 49
U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between Los Angeles, California, and Puerto Vallarta, Mexico.  

Applicant rep:   Joanne W. Young (202) 530-8520    DOT Analyst:  Linda
L. Lundell (202) 366-2336

D I S P O S I T I O N

XX  Granted, subject to conditions (see below).

The action above was effective when taken:     February 9, 2006,   
through   February 9, 2008.

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.

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

XX  Holders’ certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

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Conditions:  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.  The exemption authority granted to America West
Airlines, Inc. d/b/a US Airways is limited to service provided on a
code-share basis only.  

The code-share operations conducted under this authorization are subject
to the following conditions:  (a) the code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
to the Department’s regulations concerning code-share arrangements
that may be adopted.  Notwithstanding any provisions in the contract
between the carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected; and (b) the authority
granted here is specifically conditioned so that neither America West
Airlines, Inc., d/b/a US Airways nor Mesa Airlines, Inc., shall give any
force or effect to any contractual provisions between themselves that
are contrary to these conditions.

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____________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicants 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, we denied all requests in the referenced
Dockets.  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_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

	

 On September 27, 2005, America West Holdings Corporation merged with US
Airways Group, Inc.  As a result, America West became a subsidiary of US
Airways Group and is beginning operations under the “US Airways”
brand name.  The joint applicants state that America West will
advertise, sell tickets, and market the subject services under the “US
Airways” brand name, and may use either or both the America West
“HP*” or US Airways “US*” code on these flights. 

