UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC



### Issued by the Department of Transportation on April 14 , 20 1 5

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 7

- 29026

____________________________________________ _____________________________________________________________ ____________ 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).

Applica tion of US AIRWAYS, INC. (US A irways )

, filed 2 / 1 3 /1 5 for:

XX Renewal of e xemption under 49 U.S.C. 40109 to provide the following services:

Scheduled foreign air transportation of persons, property, and mail between a point or points in the

United State s via intermediate points to any point or points in Fiji and beyond to New Zealand. 1

Applicant rep s : Howard Kass , Robert A. Wirick, and Abigail Donovan (202) 326

- 5153

DOT Analyst: David R. Christofano (202) 366

- 0584

DISPOSITION

XX Gra nted ( subject to conditions , see below )

The above action granting exemption authority was effective when taken : April 14 , 20 1 5

, through April

1 4

, 201 7

.

Action taken by: Paul L. Gretch, Director

Office of International Aviat ion

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

Fiji and the Multilateral Agreement on the Liberalization of International Air Transportation

(MALIAT) in effect between the United States and New Zeala nd.

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 )

____________________________________________________________________________________ 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 aut hority 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 authori ty would no t

constitute a major federal 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 regulati ons, 14 CFR

§385.30, may file their petitions within sev en ( 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 does not currently provide scheduled air service between the United States and Fiji and beyond to

New Zeal and. However, US Airways still seeks the flexibility to provide air service should market conditions

warrant.

### A TTACHMENT

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 covera ge, 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 liabi lity 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 s hall be effective only during the period when the holder is in compliance

with the conditions imposed above.

1/2008