 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 23, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18851

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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 8/5/04 for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, on the one hand, via
intermediate points or directly, and Austria, the Czech Republic,
Denmark, Finland, Iceland, Luxembourg, Malta, Norway, Poland, Romania,
the Slovak Republic, and Sweden, on the other hand, and beyond, and for
route integration authority with its existing exemption and certificate
authority.  

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 with respect to Austria, the Czech Republic, Denmark,
Finland, Iceland, Malta, Norway, Poland, and Sweden, including
corresponding route integration authority (subject to conditions, see
below)

XX  Deferred with respect to Luxembourg, Romania, and the Slovak
Republic, including corresponding route integration authority (see
remarks, below)

The above action granting exemption authority, including corresponding
route integration authority, was effective when taken: January 23, 2006,
through January 23, 2008.

The above action deferring on US Airways’ request for exemption
authority, including corresponding route integration authority, was
effective when taken: January 23, 2006.

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 Austria,  the United States and the Czech
Republic, the United States and Denmark, the United States and Finland,
the United States and Iceland, the United States and Malta, the United
States and Norway, the United States and Poland, and the United States
and Sweden.                                               

  

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)

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Conditions: The route integration authority granted is subject to the
condition that such operations are consistent with the applicable
bilateral aviation agreements.  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 first 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 carrier(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
authority 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.

The authority granted to serve intermediate and beyond points is limited
to countries with which the United States has signed open-skies
agreements and/or countries for which the carrier holds authority to
serve under certificates or exemptions issued by the Department, and for
which it holds route integration authority by virtue of either the
present action or other action of the Department.

Remarks: We are deferring action on the carrier’s request to serve
Luxembourg, Romania, and the Slovak Republic pending the necessary
security clearances.  

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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
exemption 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 plan to operate such services using its own aircraft or
through codesharing, as conditions warrant, with its various airline
partners.  

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