BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

In the Matter of )

)

 US AIRWAYS, INC. ) Docket DOT-OST-2002-12208

)

for renewal of an exemption )

pursuant to 49 U.S.C. § 40109 )

(United States – Turks and Caicos) )

__________________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION

(United States – Turks and Caicos)

Communications with respect to this document should be addressed to:

Howard Kass

Vice President – Regulatory Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

US Airways, Inc.

1401 H Street, NW, Suite 1075

Washington, DC 20005

(202) 326-5153

howard.kass@aa.com

abigail.donovan@aa.com

November 14, 2014
BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

In the Matter of )

)

 US AIRWAYS, INC. ) Docket DOT-OST-2002-12208

)

for renewal of an exemption ) November 14, 2014

pursuant to 49 U.S.C. § 40109 )

(United States – Turks and Caicos) )

__________________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION

(United States – Turks and Caicos)

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 and a point or points in 

the Turks and Caicos.

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

1. US Airways is a Delaware corporation with its principal office at 4333 

Amon Carter Boulevard, Fort Worth, Texas 76155.

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 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, October 7, 2014, Docket DOT-OST-2000-7340
Application of US Airways for Renewal of an Exemption

(United States – Turks and Caicos)

3

(United States – Dominican Republic).) 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, issued January 24, 2013, the Department 

renewed US Airways’ 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 and a point or points in the Turks and Caicos.” (Docket 

DOT-OST-2002-12208.) 

4. US Airways currently provides scheduled air service between the United 

States and the Turks and Caicos using Airbus A-319/320/321 and Embraer 190 aircraft. 

Renewal of US Airways’ exemption authority will greatly serve the public interest by 

providing substantial competition to other carriers serving the Turks and Caicos. US 

Airways operates these nonstop services from Boston, Massachusetts; Charlotte, North 

Carolina; and Philadelphia, Pennsylvania, thereby enabling US Airways to offer 

convenient connecting service to the Turks and Caicos from a large number of 

communities in the United States.

5. The Department has previously determined that the exemption authority 

sought in this renewal application “is consistent with the Air Services Agremeent 

between the United States and the United Kingdom of 1977, as amended. (See Notice 

of Action Taken, January 24, 2013, Docket DOT-OST-2002-12208.)

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 authority pending a final determination on this renewal 
Application of US Airways for Renewal of an Exemption

(United States – Turks and Caicos)

4

application. US Airways’ current exemption is effective through January 24, 2015. 

Accordingly, this renewal application is timely filed under the provisions of Part 377.

WHEREFORE, US Airways respectfully requests that the Department renew its 

United States – Turks and Caicos exemption authority, as discussed herein.

Respectfully submitted,

_______________________

Howard Kass

Vice President – Regulatory Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

US Airways, Inc.

1401 H Street, NW

Washington, DC 20005

(202) 326-5153 

howard.kass@aa.com

abigail.donovan@aa.com

November 14, 2014
CERTIFICATE OF SERVICE

I certify that, on November 14, 2014, 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:

englets@state.gov (Department of State)

cristinasa@state.gov (Department of State)

brian.hedberg@dot.gov (Department of Transportation)

todd.homan@dot.gov (Department of Transportation)

peter.irvine@dot.gov (Department of Transportation)

laura.remo@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)

gmurphy@crowell.com (Counsel for United)

sascha.vanderbellen@delta.com (Delta)

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

perkmann@cooley.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)

john.fredericksen@suncountry.com (Sun Country)

thomas.ting@suncountry.com (Sun Country)

matwood@cozen.com (Counsel for Frontier)

stephen.lachter@lachterlaw.com (Counsel for Frontier)

rpommer@atlasair.com (Atlas)

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)

_________________________

Abigail Donovan