UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Issued by the Department of Transportation on November 17, 2010 

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2003-14650 ____________________________________________________________________________________________________________________________ 

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 10/21/10 for: 

 

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

Scheduled foreign air transportation of persons, property and mail (i) between the United States and 

Buenos Aires, Argentina and (ii) beyond Buenos Aires to Montevideo, Uruguay.1 2

Applicant rep: Howard Kass (202) 326-5153 DOT Analyst: Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N 

XX Granted (subject to conditions, see below) 

The above action was effective when taken: November 17, 2010, through November 17, 2012. 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The exemption authority granted is consistent with the aviation agreements between the United 

States and Argentina and between the United States and Uruguay. 

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: XX Holder’s certificate 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 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 application 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

 US Airways states that it does not seek to renew its exemption authority for service between the United States and 

Uruguay as its exemption authority for this market was superseded by its grant of blanket open-skies route authority in 

Order 2007-4-20. 

2

 US Airways states that it currently provides service to Buenos Aires pursuant to its code-share arrangement with United 

Air Lines. 
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. 

 

 

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