UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 14, 2015

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-29026 _____________________________________________________________________________________________________________________

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).

Application of US AIRWAYS, INC. (US Airways), filed 2/13/15 for:

XX Renewal of exemption 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 States via intermediate points to any point or points in Fiji and beyond to New Zealand.1

Applicant reps: Howard Kass, Robert A. Wirick, and Abigail Donovan (202) 326-5153 

DOT Analyst: David R. Christofano (202) 366-0584

DISPOSITION

XX Granted (subject to conditions, see below)

The above action granting exemption authority was effective when taken: April 14, 2015, through April

14, 2017. 

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

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 Zealand.

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 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 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 does not currently provide scheduled air service between the United States and Fiji and beyond to 

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

warrant.
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.

 

1/2008