UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on November 10, 2011

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2009-0261 _____________________________________________________________________________________________________________________

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 9/14/11 for:

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

Scheduled foreign air transportation of persons, property and mail between points in the United States 

and points worldwide on a third-country code-share basis pursuant to its arrangement with the TACA 

Group carriers.

1

Applicant rep: Howard Kass (202) 326-5153 DOT Analyst: Brett D. Kruger (202) 366-8025

DISPOSITION

XX Approved, subject to conditions 

The above action granting exemption authority was effective when taken: November 10, 2011, through

November 10, 2013. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

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

the homelands of US Airways’ foreign code-share partners listed in this Notice.

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 as Appendix A)

 XX Code-share conditions previously imposed in this docket.

 

Remarks: The exemption authority granted here is for operations with the foreign code-share partners 

named in this Notice. Should US Airways and any new code-share partner be granted statements of 

authorization, US Airways will need to apply for exemption authority to the extent necessary to permit 

US Airways to display its code on flights operated by the new code-share partners and will need to have 

conducted code-share safety audits of its foreign partners prior to receipt of authority for such code-share 

services.

____________________________________________________________________________________

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 exemption authority was consistent with 

the public interest; and (3) grant of the authority would not constitute a major federal action under the 

 1 The TACA Group carriers and their homelands are as follows: TACA International Airlines, S.A. 

(TACA) – El Salvador; Lineas Aereas Costarricenses, S.A. (LACSA) – Costa Rica; AVIATECA S.A. 

(AVIATECA) – Guatemala; and Trans American Airlines, S.A. d/b/a TACA Peru (TACA Peru) – Peru.
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
Appendix A

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