BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

Application of ) 

 ) 

 US AIRWAYS, INC. ) 

) Docket DOT-OST-2004-18346 

for an exemption ) 

pursuant to 49 U.S.C. § 40109 ) 

(United States – Dominica; Trinidad & Tobago; ) 

Haiti; and Curacao and Bonaire, ) 

Netherlands Antilles) ) 

_____________________________________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION 

(United States – Dominica and Haiti) 

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

May 9, 2012
1 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

Application of ) 

 ) 

 US AIRWAYS, INC. ) 

) Docket DOT-OST-2004-18346 

for an exemption ) 

pursuant to 49 U.S.C. § 40109 ) May 9, 2012 

(United States – Dominica; Trinidad & Tobago; ) 

Haiti; and Curacao and Bonaire, ) 

Netherlands Antilles) ) 

_____________________________________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION 

(United States – Dominica and Haiti) 

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 engage in scheduled foreign air transportation of persons, 

property, and mail between a point or points in the United States, on the one hand, and 

Dominica and Haiti, on the other hand. 

In support of this renewal application, US Airways respectfully states as follows: 

1. US Airways is a Delaware corporation with its principal office at 111 West 

Rio Salado Parkway, Tempe, Arizona 85281. 

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 

contemplated by this renewal 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, March 2, 2011, Docket DOT-OST-2000-0003 
Application of US Airways for Renewal of an Exemption 

(United States – Dominica and Haiti) 

2 

(Charlotte, North Carolina – Rio de Janeiro/Sao Paulo, Brazil).) 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 (July 7, 2010), the Department granted US 

Airways a two-year exemption from 49 U.S.C. § 41101 to engage in scheduled foreign 

air transportation of persons, property, and mail ”between a point or points in the United 

States, on the one hand, and Dominica and Haiti on the other hand.”1

 (Docket DOTOST-2004-18346.) 

4. Although US Airways does not currently provide scheduled air service 

between the United States and Dominica and Haiti it seeks the flexibility to begin doing 

so if future conditions should warrant. 

5. The Department has previously determined that the exemption authority 

sought in this renewal application is consistent with the aviation agreements between 

the United States and the United Kingdom, to which Dominica acceded upon its 

independence; and the overall state of aviation relations between the United States and 

Haiti. (See Notice of Action Taken, July 7, 2010, Docket DOT-OST-2004-18346.) 

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 pending a final determination on this renewal application. 

US Airways’ current exemption for United States – Dominica, and United States – Haiti, 

is effective through July 7, 2012. Accordingly, this renewal application is timely filed 

under the provisions of Part 377. 

 

1

 US Airways did not seek renewal of its Trinidad & Tobago, or its Curacao and Bonaire, Netherlands Antilles, 

exemption authority, because those routes are encompassed in US Airways’ blanket open skies route authority. 
Application of US Airways for Renewal of an Exemption 

(United States – Dominica and Haiti) 

3 

WHEREFORE, US Airways respectfully requests that the Department renew its 

exemption authority to engage in scheduled foreign air transportation of persons, 

property, and mail between a point or points in the United States, on the one hand, and 

Dominica and Haiti, on the other hand, as discussed herein. 

 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

May 9, 2012 
CERTIFICATE OF SERVICE 

I certify that, on May 9, 2012, 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: 

urskr@state.gov (Department of State)

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

brian.hedberg@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)

carl.nelson@aa.com (American) 

sascha.vanderbellen@delta.com (Delta)

jeff.morgan@delta.com (Delta)

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

robert.land@jetblue.com (JetBlue) 

msinick@ssd.com (Counsel for Alaska) 

pmurphy@lopmurphy.com (Counsel for USA 3000) 

jyoung@yklaw.com (Counsel for Spirit)

dkirstein@yklaw.com (Counsel for Spirit) 

efaberman@wileyrein.com (Counsel for AirTran) 

bob.kneisley@wnco.com (Southwest) 

leslie.abbott@wnco.com (Southwest) 

robert.cohn@hoganlovells.com (Counsel for Republic and Frontier) 

patrick.rizzi@hoganlovells.com (Counsel for Republic and Frontier) 

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) 

rpommer@atlasair.com (Atlas) 

 /s/ Benjamin T. Slocum 

 

 Benjamin T. Slocum