UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 29, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21354

________________________________________________________________________
________________________________________

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) and WINDWARD ISLANDS
AIRWAYS INTERNATIONAL, N.V. (WINAIR) filed 5/27/05 for: 

		

XX  Exemption for 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 from
the United States to Monserrat, and route integration authority
permitting US Airways to integrate this authority with its existing
certificate and exemption authorities.  US Airways intends to operate
this service pursuant to a code-share arrangement with WinAir.  

XX  Exemption for WinAir for two years under 49 U.S.C. 41301 to provide
the following service:

Carry code-share traffic of US Airways on WinAir flights (1) between St.
Maarten, Netherlands Antilles, and Montserrat, and (2) between Antigua
and Montserrat.

XX  Statement of authorization for WinAir for indefinite duration under
CFR Part 212 to:

Display US Airways’ “US” designator code on flights operated by
WinAir (1) between St. Maarten, Netherlands Antilles, and Montserrat,
and (2) between Antigua and Montserrat.

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

	                       Edwin Hodge – (WinAir)

D I S P O S I T I O N

XX  Granted exemption authority to US Airways and WinAir (subject to
conditions, see below)

XX  Granted statement of authorization to WinAir (subject to conditions,
see below)

The above action granting exemption authority to US Airways was
effective when taken: July 29, 2005, through

July 29, 2007.

The above action granting exemption authority to WinAir was effective
when taken: July 29, 2005, through 

July 29, 2007.

The above action granting a statement of authorization to WinAir was
effective when taken: July 29, 2005, and will remain in effect
indefinitely, subject to the conditions below.

Action taken by:   Paul L. Gretch, Director	

		      Office of International Aviation	

XX   The authority granted to serve Montserrat is consistent with the
aviation agreement between the United States and the United Kingdom; the
authority granted to serve St. Maarten is consistent with the aviation 

agreement between the United States and the Netherlands Antilles; and
the authority granted to serve Antigua is consistent with the aviation
agreement between the United States and the United Kingdom to which
Antigua acceded upon its independence.

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 (attached)

XX WinAir’s foreign air carrier permit (Order 83-6-62)

    

------------------------------------------------------------------------
-----------------------------------------------------------

Conditions:  (1) The code-share operations conducted under this
authority must comply with 14 CFR 257 and with any amendments 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 (2) the authority
granted here is specifically conditioned so that neither US Airways nor
WinAir shall give any force and effect to any contractual provisions
between themselves that are contrary to these 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 Statement of Authorization granted to WinAir is subject to the
following conditions:

(a) The statement of authorization will remain in effect only as long as
US Airways and WinAir continue to hold the underlying authority to
operate the code-share services at issue, and the code-share agreement
providing for the code-share operations remains in effect.

(b) US Airways and/or WinAir must promptly notify the Department (Office
of International Aviation) if the code-share agreement is no longer
effective or if the carriers decide to cease operating all or a portion
of the approved code-share services. (Such notice should be filed in
Docket OST-2005-21354.)

(c) 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.

(d) The authority granted here is specifically conditioned so that
neither US Airways nor WinAir shall give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

(e) We may amend, modify, or revoke the authority granted in this Notice
at any time without hearing at our discretion.

________________________________________________________________________
________________________________________________________

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
§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/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

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.

5/04

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

