UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, DC

Issued by the Department of Transportation on March 18, 2010

 NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2010-0042 and DOT-OST-2010-0043 

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). 

1. Docket DOT-OST-2010-0042: 

Joint Application and Notice of US AIRWAYS, INC. (US Airways)1 and BRUSSELS AIRLINES NV/SA (Brussels 

Airlines) (collectively, “Joint Applicants”), filed 2/23/10, for blanket statements of authorization to permit: 

US Airways to display Brussels Airlines’ (SN*) designator code on flights operated by US Airways between: (1) any 

point in the United States and any point in the European Union (EU) or an open skies European Common Aviation 

Area (ECAA) country (either nonstop or via third country intermediate points); (2) any points within the United 

States in conjunction with services held out by Brussels Airlines to or from the United States (either nonstop or via 

third country intermediate points); and (3) any point in the United States or the EU and any point in any third 

country. 

Brussels Airlines to display US Airways’ (US*) designator code on flights operated by Brussels Airlines between: 

(1) any point in the EU or an open skies ECAA country and any point in the United States (either nonstop or via 

third country intermediate points); (2) any points within the EU or open skies ECAA countries in conjunction with 

services held out by US Airways between the United States and the EU or open skies ECAA countries (either 

nonstop or via third country intermediate points); and (3) any point in the EU or the United States and any point in 

any third country.2

The Joint Applicants state that they plan to commence these reciprocal code-share services on or about March 28, 

2010.3 4

2. Docket DOT-OST-2010-0043: 

Application of US AIRWAYS filed 2/17/10, for: 

XX Exemption for two years under 49 U.S.C. 40109 to provide the following service: 

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

intermediate points, to: Abijan, Cote d’ Ivoire; Bujumbura, Burundi; Conakry, Guinea; Kinshasa, Democratic 

Republic of Congo (Zaire); Freetown, Sierra Leon; Luanda, Angola; and Lomé, Togo. US Airways states that it 

intends to provide these services pursuant to a code-share arrangement with Brussels Airlines. 

 

1

 US Airways also applies on behalf of its affiliated carriers Piedmont Airlines, Inc. (Piedmont) and PSA Airlines, Inc. (PSA). 2

 Brussels Airlines holds the requisite underlying authority to provide the services proposed (see Orders DOT-OST-2009-12-7 and 

DOT-OST-2010-3-11, in Docket DOT-OST-2009-0287). US Airways holds the requisite underlying authority to provide the openskies services proposed (see US Airways’ certificate for Route 839, issued by Order 2007-4-20 in Dockets DOT-OST-2005-22228 and 

DOT-OST-2005-22578), and concurrently with this joint application requests exemption authority to provide service to the non-openskies points contemplated in this code-share arrangement (see below). 3

 The Joint Applicants provide notice of their initially-planned code-share services, including a notice for blanket open-skies service 

and a notice for service to various non-open skies points listed in Attachment A. The Joint Applicants request a waiver of the 45-day 

advance filing requirement in 14 CFR 212.10(d)(2) for such notices. 4

 The Joint Applicants request that the Department deem any 30-day notices given by Brussels Airlines, US Airways, Piedmont, and/or 

PSA, as notice given by all of these code-share partners. 
Applicant reps: Howard Kass for US Airways (202) 326-5153 and Evelyn D. Sahr for Brussels Airlines (202) 659-6622 

DOT Analyst: Linda L. Lundell (202) 366-2336

 D I S P O S I T I O N 

XX Granted (subject to conditions, see below) (see Remarks, below)5 6

The above action granting exemption authority to US Airways was effective when taken: March 18, 2010, 

through March 18, 2012. 

The above action granting blanket statements of authorization to the Joint Applicants is effective: March 18, 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 European 

Union, and the overall aviation relationship between the United States and the other foreign countries involved. 

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 (see Attachment B to this Notice) 

 XX Conditions for statements of authorization granted here (see Attachment C to this Notice) 

Remarks: We note that US Airways has conducted a safety audit of Brussels Airlines under the Department’s CodeShare Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit program and found the 

program to be acceptable. 

We also note that World Airways, Inc. (World) filed a consolidated answer in support of the captioned applications and 

urged the Department to grant, contemporaneously, World’s Houston-Luanda exemption request in Docket DOT-OST2009-0146. This authority has already been granted (see Notice of Action Taken dated March 10, 2010, in Docket DOTOST-2009-0146). 

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 (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 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: 

www.regulations.gov

 

 

5

 We grant the Joint Applicants’ request to deem future 30-day notices given by one of the subject code-share partners as notice by all 

of the subject code-share partners, with the exception of notice(s) involving U.S.-Mexico code-share services. For any U.S.-Mexico 

code-share services, the Joint Applicants must file a 30-day notice(s) specifying the proposed city-pair route(s), the carrier flying the 

aircraft, and the carrier(s) that will be placing its designator code on the operating aircraft on the subject route(s). Additional regulatory 

requirements may need to be satisfied, which we will address by separate action as needed. 

6

 We grant the Joint Applicants’ unopposed request for a waiver of the 45-day advance filing requirement. 
 ATTACHMENT A 

NOTICE FOR NON-OPEN-SKIES POINTS, WHEREBY US AIRWAYS’ CODE WILL BE PLACED

ON BRUSSELS AIRLINES’ FLIGHTS: 

Between Brussels, Belgium and the following: 

- Adijan, Cote d’ Ivoire 

- Bujumbura, Burundi 

- Conakry, Guinea 

- Kinshasa, Democratic Republic of Congo 

- Freetown, Sierra Leon 

- Luanda, Angola 

- Lomé, Togo 

 
 ATTACHMENT B 

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

 

 

*

 We note that the Transportation Security Administration has not yet approved scheduled passenger service to Luanda. 
 ATTACHMENT C 

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 Brussels Airlines 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/or Brussels Airlines must notify the Department no later than 30 days before they begin any new codeshare service under the code-share services authorized here.1

 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 notices should be filed in Docket DOT-OST-2010-0042. 

(c) US Airways and Brussels Airlines must promptly notify the Department (Office of International Aviation) if the codeshare 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 notices should be filed in Docket DOT-OST-2010-0042.2

(d) The code-sharing operations conducted under this authority must comply with 14 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 in 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 

U.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) Any service provided shall be consistent with all applicable agreements between the United States and the European 

Union, and all applicable agreements with other 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 rights are limited unless US 

Airways notifies us of its intent to serve such 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;3

 and (ii) should 

there be a request by any carrier to use the limited-entry route rights that are included in US Airways’ authority by virtue 

of the blanket statement of authorization granted here, but that are not being used by US Airways, the holding of such 

authority will not be considered as providing any preference for US Airways in a carrier selection proceeding to 

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

(f) The authority granted here is specifically conditioned so that neither US Airways nor Brussels Airlines shall give any 

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

(g) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion. 

 

1

 With the exception of U.S.-Mexico services, any 30-day notice(s) given by Brussels Airlines, US Airways, Piedmont, and/or PSA, 

may be deemed notice given by all of these code-share partners, subject to compliance by the filing carrier with the terms of this 

condition (c). 

2

 We expect this notification to be received within 10 days of such non-effectiveness or of such decision. 3

 The notice referenced in condition (b) above may be used for this notification.