UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 2, 2011

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2009-0003 ________________________________________________________________________________________________________________________

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 2/4/11 for:

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

Scheduled foreign air transportation of persons, property, and mail between Charlotte, North Carolina, and 

Rio de Janeiro and Sao Paulo, Brazil.

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)

The above action was effective when taken: March 2, 2011, through March 2, 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 Brazil, as 

amended. 

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) 

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

 1 By Order 2009-4-6, issued April 14, 2009, US Airways was granted exemption authority engage in scheduled foreign air 

transportation of persons, property, and mail between Charlotte, North Carolina and Rio de Janeiro, Brazil. US Airways was later 

granted two-year exemption authority to serve between Charlotte and Sao Paulo, Brazil, by Notice of Action Taken dated 

August 2, 2010. US Airways requests here to renew its Charlotte-Rio de Janeiro/Sao Paulo authority in its entirety, in order to 

have a common expiration date.
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