BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

Application of ) 

 ) 

 US AIRWAYS, INC. ) 

) Docket DOT-OST-2003-14650 

for an exemption ) 

pursuant to 49 U.S.C. § 40109 ) 

(United States – Buenos Aires, Argentina) ) 

(United States – Montevideo, Uruguay) ) 

_____________________________________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION 

(United States – Buenos Aires, Argentina, and beyond) 

Communications with respect to this document should be sent to: 

Howard Kass 

Vice President, Legal and Government Affairs 

Benjamin T. Slocum 

Director, Legal and Government Affairs 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 20005 

(202) 326-5153 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

September 17, 2012
 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

Application of ) 

 ) 

 US AIRWAYS, INC. ) 

) Docket DOT-OST-2003-14650 

for an exemption ) 

pursuant to 49 U.S.C. § 40109 ) September 17, 2012 

(United States – Buenos Aires, Argentina) ) 

(United States – Montevideo, Uruguay) ) 

_____________________________________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION 

(United States – Buenos Aires, Argentina, and beyond) 

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 (i) between the United States and Buenos Aires, Argentina; 

and (ii) beyond Buenos Aires to Montevideo, Uruguay. 

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 
Renewal Application of US Airways 

(United States – Buenos Aires and beyond) 

Authority); Notice of Action Taken, March 2, 2011, Docket DOT-OST-2000-0003 

(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 (November 17, 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 “(i) between the United States 

and Buenos Aires, Argentina and (ii) beyond Buenos Aires to Montevideo, Uruguay.” 

(Docket DOT-OST-2003-14650.)1

4. US Airways currently provides service between the United States and 

Buenos Aires, Argentina, pursuant to its code-share arrangement with United. Renewal 

of US Airways’ exemption will greatly serve the public interest by providing substantial 

competition to other carriers serving Argentina from the United States. Although US 

Airways does not currently provide code-share service to Montevideo, US Airways 

desires to maintain the flexibility to offer such services in the future. 

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 Argentina and between the United States and Uruguay.” (Notice 

of Action Taken, November 17, 2010, Docket DOT-OST-2003-14650.) 

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

Administrative Procedure 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. 

 

1

 In a footnote, the Department acknowledged that US Airways was currently providing service to Buenos 

Aires pursuant to its code-share arrangement with United Air Lines, Inc. (“United”). 
Renewal Application of US Airways 

(United States – Buenos Aires and beyond) 

US Airways’ current exemption for United States – Buenos Aires, Argentina; and 

beyond Buenos Aires, Argentina, to Montevideo, Uruguay, is effective through 

November 17, 2012. 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 engage in scheduled foreign air transportation of persons, 

property, and mail between (i) between the United States and Buenos Aires, Argentina; 

and (ii) beyond Buenos Aires to Montevideo, Uruguay, as discussed herein. 

 Respectfully submitted,

 /s/ Benjamin T. Slocum 

 Howard Kass 

Vice President, Legal and Government Affairs 

Benjamin T. Slocum 

Director, Legal and Government Affairs 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 20005 

(202) 326-5153 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

September 17, 2012
CERTIFICATE OF SERVICE 

I certify that, on September 17, 2012, I caused to be served a copy of the 

foregoing Application of US Airways, Inc. for Renewal of an Exemption 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)

francis.heil@aa.com (American) 

robert.wirick@aa.com (American)

sascha.vanderbellen@delta.com (Delta)

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

robert.land@jetblue.com (JetBlue) 

msinick@ssd.com (Counsel for Alaska) 

jyoung@yklaw.com (Counsel for Spirit)

dkirstein@yklaw.com (Counsel for Spirit) 

bob.kneisley@wnco.com (Southwest) 

leslie.abbott@wnco.com (Southwest) 

ethan.blank@rjet.com (Republic) 

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

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

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