BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

Application of ) 

 ) 

 US AIRWAYS, INC. ) Docket DOT-OST-2007-27349 

 ) 

for statements of authorization under ) 

14 C.F.R. Part 212 ) 

___________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR AMENDMENT OF A STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be sent to: 

Howard Kass 

Vice President – Legal and Government Affairs 

Benjamin T. Slocum 

Director and Assistant General Counsel 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 20005 

(202) 326-5153 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

NOTICE: US Airways requests expedited treatment of this application. US Airways will 

poll the U.S. carrier representatives served with this application and will 

notify the Department promptly of the results. 

August 24, 2012
 

1

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

Application of ) 

 ) 

 US AIRWAYS, INC. ) Docket DOT-OST-2007-27349 

 ) 

for statements of authorization under ) August 24, 2012 

14 C.F.R. Part 212 ) 

___________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR AMENDMENT OF A STATEMENT OF AUTHORIZATION 

 US Airways, Inc. (“US Airways”),1

 and Virgin Atlantic Airways Limited (“Virgin 

Atlantic”) have amended their previously approved Code-Share Agreement to alter the 

domestic markets in which US Airways displays Virgin Atlantic’s “VS” designator code 

on flights operated by US Airways; as well as add the display of “VS” code on flights 

operated by US Airways between Philadelphia, Pennsylvania (PHL) and LondonHeathrow (LHR) (“Fourth Amendment”). This Fourth Amendment is attached hereto as 

Exhibit 1. Accordingly, US Airways applies for amendment of its existing Statement of 

Authorization to display Virgin Atlantic’s “VS” designator code, to include the display of 

“VS” code on flights operated by US Airways between the United States and the United 

Kingdom. US Airways requests expedited treatment of this Application.

 

1

 US Airways also applies on behalf of its wholly owned carriers Piedmont Airlines, Inc. (“Piedmont”) and 

PSA Airlines, Inc. (“PSA”) 
Application of US Airways to 

Amend a Statement of Authorization 

 

2 

 In support of this Application, US Airways submits the following: 

1. US Airways’ current Statement of Authorization allows it to display Virgin 

Atlantic’s “VS” designator code on flights operated by US Airways between any points 

within the United States in conjunction with services held out by Virgin Atlantic between 

the United Kingdom and the United States (either non-stop or via third country 

intermediate points).2

 US Airways now requests that it’s Statement of Authorization be 

amended to also permit the display of Virgin Atlantic’s “VS” designator code on flights 

operated by US Airways between the United States and the United Kingdom. 

Specifically, US Airways intends to display the “VS” code on flights it operates between 

PHL and LHR. 

2. US Airways currently holds all underlying authority necessary to operate 

the flights contemplated by this Application. US Airways is authorized to engage in 

scheduled domestic air transportation pursuant to its Certificate of Public Convenience 

and Necessity for Interstate Air Transportation issued by Order 97-4-6. US was issued 

blanket open skies certificate authority in Order 2007-4-20. 

3. The proposed code-sharing is authorized by the Air Transport Agreement 

between the Government of the United States of America and the governments of the 

member states of the European Union, April 30, 2007 (the U.S.-EU Open Skies 

Agreement).3

 Furthermore, the proposed code-sharing is in the public interest. 

4. US Airways seeks permission to engage in this code-sharing arrangement 

in order to compete more effectively; and offer better and more fully integrated services 

to their own, and Virgin Atlantic’s, respective customers. The code-share services 

 

2 See Department Action on Application on Docket DOT-OST-2007-27349, February 26, 2009 

(granting approval for an indefinite duration). 

3 See Article 3 and Article 10, Para. 7. 
Application of US Airways to 

Amend a Statement of Authorization 

 

3 

proposed by US Airways are fully consistent with the public interest and DOT policy. As 

the Department has noted: 

Code sharing and other cooperative marketing arrangements can 

provide a cost-efficient way for carriers to enter new markets, expand 

their systems and obtain additional flow traffic to support their other 

operations by using existing facilities and scheduled operations. 

Because these cooperative arrangements can give the airline partners 

new or additional access to more markets, the partners will gain traffic, 

some stimulated by the new service, and some diverted from 

incumbents. In this way, cooperative arrangements can enhance the 

competitive positions of both partners in such a relationship. 

Increased international code sharing and other cooperative 

arrangements can benefit consumers by increasing international 

service options and enhancing competition between carriers, 

particularly for traffic to or from cities behind major gateways. By 

stimulating traffic, the increased competition and service options 

should expand the overall international market and increase overall 

opportunities for the aviation industry. 

(U.S. International Air Transportation Policy Statement (April 1995) at 4.) The 

Department has also recognized that code-sharing results in increased passenger 

convenience by permitting single-carrier reservations and ticketing. (See ContinentalSAS, Order 88-12-46.) 

5. Notwithstanding their code-sharing arrangement, US Airways and Virgin 

Atlantic will continue to compete with each other in the sale of their services to the 

public. Each carrier will separately and unilaterally establish the fares for services 

provided under its designator code, paying the other carrier for providing any part of that 

service. 

6. US Airways agrees to accept the conditions normally applicable to codeshare authority such as requested herein. This includes the requirement to notify the 

Department thirty (30) days in advance of any new code-share operation, and to notify 
Application of US Airways to 

Amend a Statement of Authorization 

 

4 

the Department of any code-share operation the carriers have agreed to discontinue.4 

US Airways will comply with all other applicable Department regulations and policies, 

including the code-share disclosure regulations of Part 257. US Airways also requests 

that its amended Statement of Authorization be issued for an indefinite period, so long 

as the Code-Share Agreement, as amended, continues in effect. 

7. US Airways seeks to implement the proposed code-share arrangements 

as soon as possible.5

 To that end, US Airways will poll the U.S. carrier representatives 

served with this application and will notify the Department promptly of the results of this 

poll. US Airways requests that the Department act upon this application as 

expeditiously as possible. 

 

4

 For the administrative convenience of the Department and the carriers, and to allow routine 

schedule changes as may be necessary between mainline and affiliated carrier equipment, notice of 

specific code-share routes given to the Department by either Virgin Atlantic, US Airways, Piedmont, or 

PSA should be deemed notice given for each of the carriers.

5

 US Airways requests a waiver of the 30-day advance notice requirement as it relates to the display 

of “VS” code on US Airways-operated flights between PHL and LHR, enabling it to commence service 

immediately upon Department approval. 
Application of US Airways to 

Amend a Statement of Authorization 

 

5 

WHEREFORE, on the basis of the foregoing, US Airways, Inc. requests the 

Department to amend its current Statement of Authorization, as discussed herein, in 

order to fully implement the code-share arrangements provided for in the Fourth 

Amendment. US Airways further requests that the Department grant it such other relief 

as it considers to be consistent with this Application and the public interest. 

 Respectfully submitted,

 

 /s/ Benjamin T. Slocum 

 Howard Kass 

Vice President – Legal and Government Affairs 

Benjamin T. Slocum 

Director and Assistant General Counsel 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 20005 

(202) 326-5153 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

August 24, 2012 

 
CERTIFICATE OF SERVICE 

I certify that, on August 24, 2012, I caused to be served a copy of the 

foregoing Applications of US Airways, Inc., and Virgin Atlantic Airways Limited by 

email upon those addressees listed below: 

urskr@state.gov (Department of State)

esta.rosenberg@dot.gov (Department of Transportation) 

mary.street@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) 

jonathan.linde@united.com (United)

francis.heil@aa.com (American) 

james.kaleigh@aa.com (American)

robert.wirick@aa.com (American)

sascha.vanderbellen@delta.com (Delta)

anita.mosner@hklaw.com (Counsel for Virgin Atlantic and UPS) 

jennifer.nowak@hklaw.com (Counsel for Virgin Atlantic and UPS) 

cefelts@fedex.com (FedEx) 

nssparks@fedex.com (FedEx) 

kevin.montgomery@polaraircargo.com (Polar) 

rpommer@atlasair.com (Atlas) 

 /s/ Benjamin T. Slocum 

 

 Benjamin T. Slocum