 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 7, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-2006-24060           

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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.    filed   2/24/2006 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 (1)
between a point or points in the United States, via intermediate points,
and a point or points in Sweden and beyond, and (2) between a point or
points in the United States, via intermediate points, and a point or
points in Portugal and beyond.  America West also requests authority to
integrate this authority with its existing certificate and exemption
authority.  

America West states that it requests this authority in order to offer
service under a code-share arrangement with US Airways, its sister
airline, with US Airways operating the service.   America West also
seeks the flexibility to operate these services with its own aircraft.  

Applicant rep:  Howard Kass  (703) 872-5230    DOT Analyst: Gerald Caolo
  (202) 366-2406 

D I S P O S I T I O N

XX	Granted, in part (subject to conditions, see below)

XX	Dismissed, in part (request for route integration authority)  

The above action was effective when taken:  April 7, 2006, through  
April 7, 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, on the one hand, and Sweden and Portugal, on
the other hand. 

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX  The holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

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Conditions:

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

The code-sharing operations 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 authority granted to operate to third countries 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.

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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, 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 



				APPENDIX

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 of this
merger, America West became a subsidiary of US Airways Group and is
beginning operations under the “US Airways” brand name.  Although
selling tickets, advertising, and marketing itself under the “US
Airways” brand name, America West will continue to operate under its
own certificate of public convenience and necessity and authorities
until both America West and US Airways are integrated under a single
certificate. 

 The carrier’s request for route integration authority has been
superseded by Order 2006-1-1, where the Department awarded the carrier a
blanket route integration certificate.

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