BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Application of )

)

 US AIRWAYS, INC. )

) Docket DOT-OST-2001-9766

for an exemption )

pursuant to 49 U.S.C. § 40109 )

(United States – Bahamas) )

_____________________________________ )

APPLICATION OF US AIRWAYS, INC.

FOR RENEWAL OF AN EXEMPTION

(United States – Bahamas)

Communications with respect to this document should be sent to:

Howard Kass

Vice President, Legal and Government Affairs

Benjamin T. Slocum

Director, Legal and Government Affairs

US Airways, Inc.

1401 H Street, NW, Suite 1075

Washington, DC 20005

(202) 326-5153 

howard.kass@usairways.com

benjamin.slocum@usairways.com

August 14, 2013
1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C. 

_____________________________________

Application of )

)

 US AIRWAYS, INC. )

) Docket DOT-OST-2001-9766

for an exemption )

pursuant to 49 U.S.C. § 40109 ) August 14, 2013

(United States – Bahamas) )

_____________________________________ )

APPLICATION OF US AIRWAYS, INC.

FOR RENEWAL OF AN EXEMPTION

(United States – Bahamas)

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 points in the United States and points in the Bahamas.

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

1. US Airways is a Delaware corporation with its principal office at 111 West 

Rio Salado Parkway, Tempe, Arizona 85281.

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 renewal 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, January 17, 2013, Docket DOT-OST-2003-14575 
Application of US Airways for Renewal of an Exemption 

(United States – Bahamas)

2

(Charlotte, North Carolina – Mexico City, Mexico).) Pursuant to Rule 24 of the 

Department’s Rules of Practice, US Airways requests that the Department take official 

notice of all information previously filed to establish US Airways’ fitness. 

3. By Notice of Action Taken (October 26, 2011), the Department granted US 

Airways a two-year exemption from 49 U.S.C. § 41101 to engage in “[s]cheduled foreign 

air transportation of persons, property, and mail between points in the United States and 

points in the Bahamas.” (Docket DOT-OST-2001-9766.) The Department noted that 

“US Airways serves this market with its own aircraft and also by codesharing with 

Bahamasair Holdings Limited”. (Id., footnote 1.)1

4. Renewal of US Airways’ exemption will greatly serve the public interest by 

providing substantial competition to other carriers serving the Bahamas from the United 

States, while supporting commerce and enhancing the options available to the traveling 

public.

5. The Department has previously determined that the exemption authority 

sought in this renewal application is consistent with the overall state of aviation relations 

between the United States and the Bahamas. (See Notice of Action Taken, October 26, 

2011, Docket DOT-OST-2001-9766.)

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

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

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

US Airways’ current exemption for scheduled foreign air transportation of persons, 

property, and mail between points in the United States and points in the Bahamas is 

 1 On May 23, 2012, US Airways notified the Department that it had terminated its codeshare arrangement 

with Bahamasair Holdings Limited, effective September 29, 2012.
Application of US Airways for Renewal of an Exemption 

(United States – Bahamas)

3

effective through October 26, 2011. Accordingly, this renewal application is timely filed 

under the provisions of Part 377.

WHEREFORE, US Airways respectfully requests that the Department renew its 

United States – Bahamas exemption authority as discussed herein.

Respectfully submitted,

_______________________

Howard Kass

Vice President, Legal and Government Affairs

Benjamin T. Slocum

Director, Legal and Government Affairs

US Airways, Inc.

1401 H Street, NW, Suite 1075

Washington, DC 20005

(202) 326-5153 

howard.kass@usairways.com

benjamin.slocum@usairways.com

August 14, 2013
CERTIFICATE OF SERVICE

I certify that, on August 14, 2013, I caused to be served a copy of the foregoing 

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

addressees listed below:

urskr@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)

vanessa.balgobin@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)

francis.heil@aa.com (American)

robert.wirick@aa.com (American)

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)

______________________________

Benjamin T. Slocum