BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Application of )

)

 US AIRWAYS, INC. )

) 

for an exemption ) Docket DOT-OST-2010-0043

pursuant to 49 U.S.C. § 40109 )

(United States – Various African Points) )

_____________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION

(United States – Various African Points)

Communications with respect to this document should be sent to:

Howard Kass

Vice President – Regulatory 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

December 9, 2013
1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Application of )

)

 US AIRWAYS, INC. )

) Docket DOT-OST-2010-0043

for an exemption )

pursuant to 49 U.S.C. § 40109 ) December 9, 2013

(United States – Various African Points) )

_____________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION

(United States – Various African Points)

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 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

• Lomé, Togo

(collectively, the “African Markets”)

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

1. US Airways is a Delaware corporation with its principal office at 4333 

Amon Carter Boulevard, Fort Worth, Texas 76155.
Application of US Airways for Renewal of an Exemption 

(United States – Various African Points)

2

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); Order 2013-7-4, July 3, 2013, Docket DOT-OST-2013-0072 (United States 

– Brazil).) 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 (February 7, 2012), 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 a point or points in the United 

States, via intermediate points, to [the African Markets].” (Docket DOT-OST-2010-

0043). 

4. US Airways currently provides scheduled air service between the United 

States and the African Markets, pursuant to its codeshare arrangement with Brussels 

Airlines. Renewal of US Airways’ exemption will enable US Airways to continue 

developing its presence throughout Africa. Moreover, it will enhance competition for the 

benefit of United States consumers and shippers.

5. The Department has previously determined that the exemption authority 

sought in this renewal application “is consistent with the aviation agreement between 

the United States and the European Union, and the overall aviation relationship 
Application of US Airways for Renewal of an Exemption 

(United States – Various African Points)

3

between the United States and the other foreign countries involved.” (Notice of Action 

Taken, February 7, 2012, Docket DOT-OST-2010-0043).

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 the United States and the African Markets, is effective 

through February 7, 2014. Accordingly, this renewal application is timely filed under the 

provisions of Part 377.

WHEREFORE, US Airways respectfully requests that the Department renew its 

exemption authority to engage in scheduled foreign air transportation of persons, 

property, and mail between the United States and the African Markets, as discussed 

herein.

Respectfully submitted,

__________________________

Howard Kass

Vice President – Regulatory 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
CERTIFICATE OF SERVICE

I certify that, on December 9, 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)

laura.remo@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)

gmurphy@crowell.com (Counsel for 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