BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

In the Matter of )

)

 US AIRWAYS, INC. ) Docket DOT-OST-2012-0189

)

for renewal of an exemption )

pursuant to 49 U.S.C. § 40109 )

(United States – South Africa Codesharing) )

__________________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF EXEMPTION AUTHORITY

(United States –South Africa Codesharing)

Communications with respect to this document should be addressed to:

Howard Kass

Vice President – Regulatory Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

US Airways, Inc.

1401 H Street, NW, Suite 1075

Washington, DC 20005

(202) 326-5153

howard.kass@aa.com

abigail.donovan@aa.com

October 3, 2014
BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

In the Matter of )

)

 US AIRWAYS, INC. ) Docket DOT-OST-2012-0189

)

for renewal of an exemption ) October 3, 2014

pursuant to 49 U.S.C. § 40109 )

(United States – South Africa Codesharing) )

__________________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF EXEMPTION AUTHORITY

(United States – South Africa Codesharing)

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 hold out code-share only service: a) between any point or points 

in the United States, via the intermediate points Frankfurt, London, and Munich (without 

local traffic rights), and Johannesburg, Cape Town, Durban, East London, and Port 

Elizabeth, South Africa; and b) between any point or points in the United States, via the 

intermediate point Dakar, Senegal, and Johannesburg, Cape Town, Durban, East 

London, and Port Elizabeth, South Africa.

1

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.

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 

 

1 US Airways provides scheduled air service between the United States and South Africa pursuant to its 

codeshare arrangement with South African Airways (Pty) Limited (“SAA”).
Application of US Airways for Renewal of an Exemption

(United States – South Africa Codesharing)

2

contemplated by this 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, September 24, 2014, Docket DOT-OST-2001-9768

(Charlotte, North Carolina – Cozumel, 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, issued December 4, 2012, the Department 

issued US Airways a two-year exemption from 49 U.S.C. § 41101 to “to hold out codeshare with SAA (a) between any point or points in the United States, via the 

intermediate points Frankfurt, London, and Munich (without local traffic rights), and 

Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa; and 

(b) between any point or points in the United States, via the intermediate point Dakar, 

Senegal, and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, 

South Africa (Docket DOT-OST-2012-0189.) 

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

States and South Africa via its codeshare with SAA. Renewal of US Airways’ 

exemption authority will greatly serve the public interest by providing substantial 

competition to other carriers serving South Africa 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 United States-South Africa Air
Application of US Airways for Renewal of an Exemption

(United States – South Africa Codesharing)

3

Transport Agreement. (See Notice of Action Taken, December 4, 2012, Docket DOTOST-2012-0189.)

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

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

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

application. US Airways’ current exemption is effective through December 4, 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 provide code-share only services between points in the United 

States and points in South Africa, as discussed herein.

Respectfully submitted,

_______________________

Howard Kass

Vice President – Regulatory Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

US Airways, Inc.

1401 H Street, NW

Washington, DC 20005

(202) 326-5153 

howard.kass@aa.com

abigail.donovan@aa.com

October 3, 2014
CERTIFICATE OF SERVICE

I certify that, on October 3, 2014, I caused to be served a copy of the foregoing 

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

those addressees listed below:

englets@state.gov (Department of State)

cristinasa@state.gov (Department of State)

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)

gmurphy@crowell.com (Counsel for United)

sascha.vanderbellen@delta.com (Delta)

jhill@dowlohnes.com (Counsel for JetBlue and Hawaiian)

perkmann@dowlohnes.com (Counsel for JetBlue and Hawaiian)

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)

_________________________

Abigail Donovan