UNITEJ) STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation on November 16, 2012 

NOTICE OF ACTION T AK];N --DOCKET DOT-OST-2012-0155 

This serves ru; notice to the public of the action described below, taken by the Department official indicated (no additional confuming 

order will be issued in this matter). 

Amended Joint Application of US AIRWAYS, INC. ("US Airways")1 and AEROVIAS DEL CONTINENTE 

AMERICANO S.A. ("Avianca"), filed October 18,2012,2 for: 

XX Exemption under 49 USC §40 I 09 for US Airways to provide the following service: 

Scheduled foreign air transportation of persons, property, and mail on a code-share basis only between any 

points in the United States, and any points in Colombia, via intermediate and beyond points pursuant to its 

codeshare arrangement with Avianca or any other authorized carrier. 

XX Statements of authorization in order to engage in the following code-share services: 3 4 

(A) US Airways requests a statement of authorization to display the Avianca "A V'' designator code, in 

conjunction with Avianca's services in foreign air transportation, on flights operated by US Airways 

(1) between any points within the United States; (2) between any points in the United States and any 

points in Colombia (either non-stop or via third country intermediate points); and (3) between any points 

in the United States and any points in third countries; 5 

(B) Avianca requests a statement of authorization to display the US Airways "US" designator code, in 

conjunction with US Airways' services in foreign air transportation, on flights operated by Avianca 

(1) between aJiy points within Colombia; (2) between any points in the United States and any points in 

Colombia (either non-stop or via third country intermediate points); and (3) between any points in 

Colombia and any points in third counties.6 

Applicant representatives: Howard K.ass CUS Airways), 202-326-5153; and Richard Mathias (Avianca), 202-298-

8660 . 

DOT analyst: Darren Jaffe, 202-366-2512 

DISPOSITION 

XX Approved, exemption authority to US Airways (subject to conditions, see below). 

1 US Airways also applies on behalf of its affiliated carriers Piedmont Airlines, Inc. (Piedmont) and PSA Airlines, Inc. (PSA). 2 The carriers initially filed aj oint application on September 13, 2012, but have withdrawn the initial application and replaced it in its 

entirety with this application. 3 See Appendix C for a list of initial code-share points. 4 The joint applicants filed a motion under 14 CFR §302.12 requesting confidential treatment oftheir unredacted Codeshare 

Agreement. We will grant the motion. 5 Avianca holds exemption authority authorizing it to engage in tbreign scheduled air transpottation of persons, property, and mail for 

the purposes of serving as the non-operating carrier on code-share seniices from points behind Colombia via Colombia and 

intermediate points and points in the United States and beyond. See Notice of Action Taken dated August 30, 2012,in Docket DOT-

.OST-2012-0137. 

' 6 Avianca holds exemption authority authorizing it to operate scheduled air service from points behind Colombia, via Colombia, to a 

number of named points in the United States and beyond pursuant to Notice of Action Taken. March 19, 2012. Docket DOT-OST2011-0211. . 
XX Approved, statement of authorization to US Airways (subject to conditions, see remarks below). 

XX Approved, statement of authorization to Avianca (subject to conditions). 

The above action granting exemption authority to US Airways was effective when taken: November 16, 2012, through 

November 16. 2014. 

The above actions granting statements of authorization to the referenced carriers are effective November 16, 2012, 

except that element (2) of the statement of authorization for U.S. Airways shall become effective only when the U.S.-

Colombia Open Skies Agreement is being applied (see conditions below). Once effective, these actions will remain in 

effect indefinitely, subject to conditions. 

Action taken by: PaulL Gretch, Director, 

Office oflnternational Aviation 

XX The authority granted is consistent with the United States-Colombia Air Transport Agreement 

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

xx·Holders' certificates of public convenience and necessity 

XX Standard U.S. carrier exemption conditions (attached as Appendix A) 

.XX Conditions for statements of authorization (attached as Appendix B) 

Conditions: We note that at this time, US Airways does not hold the necessary authority to operate U.S.-Colombia 

services with its own aircraft. When the U.S.-Colombia Open Skies agreement takes effect, scheduled for January 1, 

2013, US Airways will hold the necessary authority to serve the U.S.-Colombia market with its own aircraft, pursuant 

to its Blanket Open Skies Certificate (Order 2007-4-20). Therefore, we are approving, effective immediately, the 

request of US Airways for a statement of authorization to display the "AV" designator code between points within the 

United States, and between any points in the United States and any points in third countries, but we are deferring the 

effective date of our approval of US Airways' request to display the '·A V" designator code between any points in the 

United State.S and any points in" "Colombia until such time as the U.S.-Colombia Open Skies Agreement is being 

applied. Once the agreement is being applied, no further action by the Department will be required. 

The exemption authority granted to US Airways is limited to operations conducted only through its code-share 

arrangements with A vianca or other authorized canjers holding statements of authorization, on flights operated by 

those authorized carriers. 

Remarks: ·We note that US Airways has conducted a safety audit of A vianca under the Department's Code-Share 

Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit report and found it to be 

acceptable. 

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found US Airways 

qualified to provide the exemption services authorized. Under authority ·assigned by the Department in its regulations, 

14 CFR Part 385, we found that (I) our action in this notice was consistent with Department policy; (2) grant of the 

exemption authority to US Airways was consistent with the public interest; and (3) grant of that authority would not 

constitute a major federal action under the Energy Policy and Conservation Act of I 975. To the extent not granted or 

deferred, 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 ofthis document is available on the World Wide Web at: 

http:liWW\i-'.regulations.gov 
. . 

U.S. Carrier Exemption Conditions· 

In the conduct of the operations authorized, the U.S. carrierapplicant(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 I 4 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. Goveniment requirements concerning security, including, 

but not limited to, 49 CFR Part 1544. To assure compliance with airapplicable 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 detennined 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. 

112008 
AppendixB 

The code-share operations authorized here are subject to the following conditions: 

(a) The statements of authorization will remain in effect only as long as (i) US Airways and A vianca continue to hold 

the necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement . 

providing for the code-share operations remains in effect. 

(b) US Airways and A viailca, as appropriate,· must notify the Department no later than 30 days before they begin any 

new code-share service under the code-share services authorized here. Such notice shall identify the market(s) to be 

served, which carrier will be operating the aircraft in the code-share market added, and the date on which the service will 

begin. Such notice should be filed in Docket DOT-OST-2012-0155. 7 

(c) US Airways and A vianca, as appropriate, must promptly notify the Department if the code-share agreement 

providing for the code-share operations is no longer effective or if the carriers decide to cease operating all or a portion 

of the approved code-share services. Such notice should be filed in Docket DOT-OST-2012-0155. 8 

(d) The code-sharing operations conducted under this authority must comply with I 4 CFR 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 iri the 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; that the passenger liability of the operating carrier be unaffected; and that the operating 

carrier shall not permit the code of its l).S. code-sharing partner to be carried on any flight that enters, departs, or 

transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition. 

(e) The authority to operate to third countries is subject to the condition that any service provided under the 

statement of authorization shall be consistent with all applicable agreements between the United States and the 

foreign countries involved. Furthermore, (i) nothing in the award of this blanket statement of authorization should 

be construed as conferring upon US Airways rights (including code-share, fifth freedom intermediate and/or 

beyond rights) to serve markets where U.S. carrier entry is limited unless US Airways 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; and (ii) should there be a 

request by any cairier to use the limited-entry route rights that are included in the authority of US Airways by virtue 

of the blanket statement of authorization granted here, but that are not then being used by US Airways, the hold)ng 

of such authority will not be considered as providing any preference for US Airways in a competitive carrier 

selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 9 

(f) The authority granted here is specifically c~mditioned so that neither US Airways, nor Aviarica shall give any 

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

We may amend, modify, or revoke the authority granted at any time without hearing at otir discretion. 

7 We wil! grant the carriers request that notice for US Airways be deemed notice for its affiliates; however, notice of new service by 

1 Avianca shall not be deemed notice by US Airways until the Open-Skies Agreement is being applied. 

8 We expect this .notification to be received within ten (I 0) days after such non-effectiveness or of such -decision. 9 The notice in paragraph (b) above can be used for this notification. 
INITIALLJSTOFCDDESHAREPOINIS 

1. · Routes withinNCH1hAmerica, USAinwys '-"111 rethe~Party arrlAviarm will be the ~Party: 

ForiLaOOerdal.~;FL-ReaganNatiooaiW~IXYCharlotte,~PA/Fh:JerJix,AZ 

D.illes Washington, OC-OJarlotte,NC 

JohnF.Kemrly(NYC)-Chadotte,NC/lli<:mix,AZ 

Miami. FLGJarlotte, NOPhiJa:le4Xlia PA 

Oiarxlo, FUl!arlotte, NOReaganNalicml W~OOPhiladelphia,PNPtrelix,AZ 

Hru;too, 1X-Hxx:nix, AZ!Omotte, NC 

APPENDIXC 

2 Routes~ColombiaandNa1hAmerica,AviarmwillretheQJerntingPartyarrlUSAirwa)swillretheMarl<etingPat1y: 

Fort LaOOerdal.t; FlrBog:lla, Colombia 

JohnF. Kamedy (NYC)-13ogota'Merellin 

Miami,FL-~erellin 

omh,FLBogota 

: