

           

                                  UNITED STATES OF AMERICA 

                           DEPARTMENT OF TRANSPORTATION 

                                    OFFICE OF THE SECRETARY 

                                           WASHINGTON, D.C. 

 

 

Issued by the Department of Transportation on February 20, 2004 

 

 

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-16899 

________________________________________________________________________
________________________________________________________ 

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.  filed   1/9/2004 for: 

 

 

 XX  Exemption for two years under 49 U.S.C.  

Scheduled foreign air transportation of persons, property, and mail
between Orlando, Florida, and Hamilton, Bermuda.   

 

In its application, US Airways states that that, under U.S. Route 4 of
the U.S.-U.K. Air Services Agreement, U.S. carriers my serve Bermuda
from several designated U.S. points.  It asks that the U.S. Government
substitute Orlando as an available U.S. gateway in place of one of
several long-dormant U.S. gateways on the Route, stating that the
dormant U.S. gateways are currently providing no public benefits.1  US
Airways states that it proposes to commence its proposed Orlando-Bermuda
service in May, 2004, using A-319 aircraft, and to conduct these
operations on a seasonal basis. 

 

On January 26, 2004, United Air Lines, Inc. filed an answer to the
application.  United states that it does not object to US Airways’
request per se, but does oppose any request by the United States to
substitute Orlando for the current Chicago gateway.   

 

Applicant rep:    Howard Kass, (703) 872-7000    DOT Analyst:   George
Wellington (202) 366-2391 

 

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 20, 2004 through
February 20, 2006. 

 

Action taken by:   Paul L. Gretch, Director  

          Office of International Aviation  

 

 XX  Grant of authority is based on comity and reciprocity with the
United Kingdom (see remarks below). 

 

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)  

1  The U.S. gateways not currently receiving U.S. carrier service on
U.S. Route 4 are Chicago, Detroit, and Miami. 

 

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Remarks:  We are granting this authority on an extrabilateral basis, in
view of an Exchange of Letters between representatives of the United
States and the United Kingdom.2  In that Exchange of Letters, the U.K.
authorities indicated their willingness to permit US Airways to conduct
the services authorized here on the basis of comity and reciprocity, in
addition to those rights available to the United States under U.S. Route
4 of the U.S.-U.K. Agreement, and the U.S. authorities stated that they
were prepared to allow a U.K.-designated carrier to operate between
Bermuda and a U.S. gateway selected by the Government of the United
Kingdom in addition to those rights available to the United Kingdom
under U.K. Route 8 of that Agreement.3 

 

In light of the intergovernmental exchange noted above, we need not
address US Airways’ request that we substitute Orlando for an existing
U.S. gateway on U.S. Route 4 of the Agreement. 

 

________________________________________________________________________
_____________________________ 

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, 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  

An electronic version of this document is available on the World Wide
Web at: 

http://dms.dot.gov/reports_aviation.asp 

2  See January 30, 2004, letter from the British Embassy to the
Department of State, and the February 9, 2004, response.  Copies of
these letters have been placed in Docket OST 2004-16899. 

3  On February 5, 2004, US Airways filed an application in Dockets OST
2001-11152 and OST 1996-1839 to renew certain exemption authorities.  In
that application, US Airways asked that we consolidate a number of
proceedings, including the Orlando-Bermuda proceeding before us here,
into a single Docket, with a common expiration date for the authorities
involved.  We will act on this request of US Airways at a later date. 

 

 

 

 

 

 

      APPENDIX  

  

 U.S. Carrier Standard 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.  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 Principal Security Inspector (PSI) to
advise the PSI 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. 

 

           8/2003 

