 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 15, 2006 

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-22832      

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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. d/b/a US AIRWAYS (AMERICA
WEST) filed 10/24/05 for:

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

Scheduled foreign air transportation of persons, property, and mail from
(1) points in the United States via the Azores and Lisbon (Portugal) to
Madrid, Barcelona, Malaga, and Palma de Mallorca (Spain) as coterminals,
(2) points in the United States via intermediate points to
Dublin/Shannon, Ireland, and (3) points in the United States via
intermediate points to points in the United Kingdom excluding Heathrow
and Gatwick.  America West also seeks route integration authority to
combine this exemption authority with its existing authorities.  America
West plans to serve the requested points by placing its “HP” or
“US*” designator code on flights operated by US Airways, Inc. (US
Airways).  America West requests that the authority be effective for at
least three years.

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

         	     

D I S P O S I T I O N

XX  Granted in part (two-year award) (subject to conditions, see
below)(see remarks, below) 

XX  Dismissed request for longer-term authority (see remarks, below)

The above action granting exemption authority was effective when taken:
February 15, 2006, through February 15, 2008.

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 Spain and the United States and the United
Kingdom, and with our overall aviation relationship with Ireland.

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)  

Remarks: American Airlines, Inc. (American) objected to the portion of
America West’s application that seeks exemption authority to display
the HP* code on flights operated by US Airways between the U.S. and
Ireland.  American states that the Department should not approve the
America West application until it has acted favorably on the pending
application by Aer Lingus (in Dockets OST-2000-6726 and OST-2000-6728)
to display American’s “AA*” designator code on flights operated by
Aer Lingus between London (Heathrow) and Ireland.  America West replied
requesting that the Department proceed to approve its application.  By
Order 2006-2-9, the Department granted the Aer Lingus application cited
by American.

Consistent with our standard practice for this type of application, we
have granted America West exemption authority for two years, and have
dismissed its request for longer term authority.

Conditions:  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 America West holds
authority to serve under certificates or exemptions issued by the
Department.

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 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
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in the award of the route
integration authority granted 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 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); (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 exemption
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 for 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 applicant 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 or dismissed, 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, Inc.  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.

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