UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 6, 2011

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2009-0172 _____________________________________________________________________________________________________________________

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 6/3/11 for:

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

Scheduled foreign air transportation of persons, property, and mail between: (1) Los Angeles, 

California, and Cancun, Mexico; (2) Los Angeles, California, and San Jose del Cabo, Mexico; and 

(3) San Francisco, California, and Cancun Mexico.1

Applicant rep: Howard Kass (202) 326-5153 DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: July 6, 2011, through July 6, 2013.

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 

Mexico.

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 U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements 

set forth in condition 7 of Appendix A of Order 88-10-2, and the notice requirements for 

seasonal/intermittent service as set forth in Order 96-11-24, at 5. 

The exemption authority granted to US Airways is limited to service provided on a code-share basis only.

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 C.F.R. 257 and 

with any amendments 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

 1 US Airways provides these services pursuant to a code-share arrangement with United Air Lines, Inc. (United). In this 

regard, we note that United currently provides year-round service in the Los Angeles-Cancun and Los Angeles-San Jose 

del Cabo markets, and seasonal service in the San Francisco-Cancun market (see Order 2010-5-17).
(b) The authority granted here is specifically conditioned so that neither US Airways nor United shall 

give any force or effect to any contractual provisions between themselves that are contrary to these

conditions.

_____________________________________________________________________________________

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:

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