BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

In the Matter of )

)

 U.S.-RUSSIA THIRD-COUNTRY CODE ) Docket DOT-OST-2008-0283

 SHARING PROCEEDING ) 

_____________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF EXEMPTION AUTHORITY

(United States – Russia Third Country Codesharing)

Communications with respect to this document should be addressed to:

Howard Kass

Vice President – Regulatory Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

US Airways, Inc.

1401 H Street, NW, Suite 1075

Washington, DC 20005

(202) 326-5153

howard.kass@aa.com

abigail.donovan@aa.com

June 10, 2014
 

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

In the Matter of )

)

 U.S.-RUSSIA THIRD-COUNTRY CODE ) Docket DOT-OST-2008-0283

 SHARING PROCEEDING ) 

_____________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF EXEMPTION AUTHORITY

(United States – Russia Third Country Codesharing)

Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of 

Practice (14 C.F.R. Part 302), US Airways, Inc. (“US Airways”) applies for renewal of its

exemption authority to engage in scheduled foreign air transportation of persons, 

property, and mail between the United States and Moscow and St. Petersburg, Russia, 

under a third-country codeshare arrangement.

In support of this renewal application, US Airways respectfully states as follows:

1. US Airways is a Delaware corporation with its principal office at 4333 

Amon Carter Boulevard, Fort Worth, Texas 76155.

2. US Airways is a citizen of the United States within the meaning of 49 

U.S.C. § 40102(a)(15)(C) and is fit, willing, and able to provide the services 

contemplated by this application. US Airways holds various certificates of public 

convenience and exemption authorities. (See, e.g., DOT Order 2007-4-20, April 18, 

2007, Dockets OST-2005-22228 and OST-2005-22578 (Blanket Open-Skies Route 

Authority); Notice of Action Taken, April 10, 2014, Docket DOT-OST-2004-18346 (US –

Dominica and Haiti).) Pursuant to Rule 24 of the Department’s Rules of Practice, US 
Application of US Airways for Renewal of an Exemption

(United States – Russia Third Country Codesharing)

2

Airways requests that the Department take official notice of all information previously 

filed to establish US Airways’ fitness. 

3. By Notice of Action Taken, issued August 13, 2012, the Department 

renewed US Airways’ two-year exemption from 49 U.S.C. § 41101 to provide 

“[s]cheduled foreign air transportation of persons, property, and mail between the United 

States and Moscow and St. Petersburg, Russia, under a third-country code-share 

arrangement.” (Docket DOT-OST-2008-0283.) 

4. US Airways does not currently provide scheduled air service between the 

United States and Moscow and St. Petersburg, Russia, via a third-country codeshare 

arrangement.

1

 US Airways still seeks the flexibility to provide air service to Russia

should market conditions warrant, and US Airways identifies a viable third-country 

codeshare partner. 

5. The Department has previously determined that the codeshare operations 

described herein are “in conformance with Annex V to the 1994 U.S. Russian 

Federation Air Transport Agreement.” (See Notice of Action Taken, August 13, 2012, 

Docket DOT-OST-2008-0283.)

6. Pursuant to 14 C.F.R. § 377.10, US Airways intends to rely on the 

Administrative Procedures Act, 5 U.S.C. § 558(c) implemented by Part 377, to continue 

in effect its current exemption authority pending a final determination on this renewal 

application. US Airways’ current exemption is effective through August 13, 2014. 

Accordingly, this renewal application is timely filed under the provisions of Part 377.

 

1 US Airways provided scheduled air service between the United States and Moscow, Russia, via Zurich, 

Switzerland, pursuant to its codeshare arrangement with Swiss International Air Lines, Ltd. (“Swiss”). Due 

to US Airways’ merger with American Airlines, Inc., US Airways exited the Star Alliance and terminated its 

codeshare relationship with Swiss on March 30, 2014.
Application of US Airways for Renewal of an Exemption

(United States – Russia Third Country Codesharing)

3

WHEREFORE, US Airways respectfully requests that the Department renew its 

exemption authority to engage in scheduled foreign air transportation of persons, 

property, and mail between the United States and Moscow and St. Petersburg, Russia, 

under a third-country codeshare arrangement, as discussed herein.

Respectfully submitted,

_______________________

Howard Kass

Vice President – Regulatory Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

US Airways, Inc.

1401 H Street, NW

Washington, DC 20005

(202) 326-5153 

howard.kass@aa.com

abigail.donovan@aa.com

June 10, 2014
CERTIFICATE OF SERVICE

I certify that, on June 10, 2014, I caused to be served a copy of the foregoing 

Application of US Airways, Inc. for Renewal of Exemption Authority, by email upon 

those addressees listed below:

urskr@state.gov (Department of State)

cristinasa@state.gov (Department of State)

esta.rosenberg@dot.gov (Department of Transportation)

brian.hedberg@dot.gov (Department of Transportation)

todd.homan@dot.gov (Department of Transportation)

peter.irvine@dot.gov (Department of Transportation)

laura.remo@dot.gov (Department of Transportation)

brett.kruger@dot.gov (Department of Transportation)

john.allen@faa.gov (Federal Aviation Administration)

dan.weiss@united.com (United)

steve.morrissey@united.com (United)

karine.faden@united.com (United)

gmurphy@crowell.com (Counsel for United)

sascha.vanderbellen@delta.com (Delta)

jhill@dowlohnes.com (Counsel for JetBlue and Hawaiian)

perkmann@dowlohnes.com (Counsel for JetBlue and Hawaiian)

robert.land@jetblue.com (JetBlue)

msinick@ssd.com (Counsel for Alaska)

jyoung@yklaw.com (Counsel for Spirit)

dkirstein@yklaw.com (Counsel for Spirit)

bob.kneisley@wnco.com (Southwest)

leslie.abbott@wnco.com (Southwest)

ethan.blank@rjet.com (Republic)

robert.cohn@hoganlovells.com (Counsel for Republic)

patrick.rizzi@hoganlovells.com (Counsel for Republic)

john.fredericksen@suncountry.com (Sun Country)

thomas.ting@suncountry.com (Sun Country)

rpommer@atlasair.com (Atlas)

anita.mosner@hklaw.com (Counsel for UPS)

jennifer.nowak@hklaw.com (Counsel for UPS)

cefelts@fedex.com (FedEx)

nssparks@fedex.com (FedEx)

kevin.montgomery@polaraircargo.com (Polar)

_________________________

Howard Kass