 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on November 8, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-22647       

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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 AMERICA WEST AIRLINES, INC. (AMERICA WEST) filed 10/3/05
for:

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

Scheduled foreign air transportation of persons, property, and mail
between the United States, on the one hand, and Aruba, the Dominican
Republic, Jamaica, and the Netherlands Antilles, on the other hand. 
America West also seeks route integration authority to combine this
exemption authority with its other authorities.  America West states
that it plans to offer these services initially on a code share basis
with US Airways, Inc. (US Airways).   

Applicant reps: David M. Kirstein (202) 530-8520    DOT Analyst: Thuy H.
Cooper (202) 366-5423

	            Howard Kass (703) 872-5230

           	   

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action granting exemption authority to America West was
effective when taken: November 8, 2005, through November 8, 2007.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and Aruba; the United States and the
Netherlands Antilles; the United States and the Dominican Republic of
1986 and the overall state of aviation relations between the United
States and the Dominican Republic; and the United States and Jamaica.

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)  

Conditions:  The code-share operations conducted under this
authorization are subject to the following conditions:

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

The authority granted here is specifically conditioned so that neither
America West nor US Airways shall give any force or 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
America West rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless
America West 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
America West’s authority by virtue of the route integration authority
granted here, but that are not then being used by America West, the
holding of such authority by route integration will not be considered as
providing any preference America West in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

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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 exemption 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 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, 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

 America West states that 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.  America West will
continue to operate under its own certificate of public convenience and
necessity and authorities until both America West and US Airways, Inc.
are integrated under a single certificate.

 America West states that it may, in the future, operate America West
registered aircraft to these countries.  US Airways currently holds
underlying exemption authority to serve these markets (see Notices of
Action Taken for Aruba dated March 2, 2004 in Docket OST-2000-7341, for
the Dominican Republic dated July 19, 2004 in Docket OST-2000-7340, for
Jamaica dated March 2, 2004 in Docket OST-1996-1775, and for the
Netherlands Antilles dated October 19, 2004 in Docket OST-2004-18346). 
America West also plans to code share on US Airways flights from
Philadelphia and Charlotte to Costa Rica.  America West and US Airways
both already hold underlying exemption authority to serve between the
U.S. and Costa Rica (see Notices of Action Taken for America West dated
August 14, 2003 in Docket OST-2003-15729 and for US Airways dated
October 16, 2002 in Docket OST-2002-13263).

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