UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, D.C. 

Issued by the Department of Transportation on May 3, 2010 

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2008-0139 and DOT-OST-2006-25967 _________________________________________________________________________________________________________________________ 

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) filed 4/7/10 for:1

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following services: 

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United 

States and a point or points in the People’s Republic of China, and beyond. US Airways operates these 

services pursuant to code-share arrangements with other U.S. and Chinese air carriers.2

Applicant rep: Howard Kass (202) 326-5153 DOT Analyst: Thuy H. Cooper (202) 366-5423

 

D I S P O S I T I O N 

XX Granted request of renewal of exemption authority in Docket DOT-OST-2008-0139 (subject to 

conditions, see below) 

XX Dismissed, as moot, request of renewal of exemption authority in Docket DOT-OST-2006-259673

The above action granting renewal of exemption authority in Docket DOT-OST-2008-0139 was effective when 

taken: May 3, 2010, through May 3, 2012. 

The above action dismissing, as moot, the request for renewal of exemption authority in Docket 

DOT-OST-2006-25967 was effective when taken: May 3, 2010. 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The authority granted is consistent with the aviation agreement between the United States and the 

People’s Republic of China. 

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 U.S. Carrier Exemption Conditions (attached) 

 XX Statements of authorization approving US Airways and Air China Limited code-share 

 operations4

 and applicable conditions 

___________________________________________________________________________________________

 

1

 US Airways confirmed informally that it was also applying on behalf of its affiliates Piedmont Airlines, Inc. and PSA 

Airlines, Inc. 

2

 US Airways states that it operates these services pursuant to its code-share arrangement with United Air Lines, Inc. and/or 

Air China Limited. 

3

 For administrative convenience, we consolidated the exemption authority granted in Docket DOT-OST-2006-25967 into 

Docket DOT-OST-2008-0139 (see Notice of Action Taken dated June 5, 2008, in the instant dockets). 4 See Notice of Action Taken dated June 5, 2008, in Docket DOT-OST-2008-0139. 
2

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 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 Dockets. 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://www.regulations.gov
ATTACHMENT 

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, the Transportation 

Security 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 Principal Security Inspector (PSI) to advise the PSI 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; 

(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. 

 

 

 1/2008