UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 10 , 20 1 4

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 1

- 11152

__________________________________ _______________ _______________________________________________________________________ _______________ 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 12 /4 /1 3 for:

XX Amended e xemption authority under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia; Detroit, Michig an;

Miami, Florida; and Raleigh/ Durham, North Carolina

, on the one hand, and Bermuda , on the other hand

. 1 2

Applicant rep resentative : Benjamin T. Slocum (202) 326

- 5153

DOT Analyst: Darren Jaffe (202) 366

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D I S P O S I T I O N

XX Granted , amended exemption authority ( subject to conditions)

The above action was effective when taken: January 10 , 20 1 4 through January 10 , 20 1 6.

Action taken by: Paul L. Gretch, Director

O ffice of International Aviation

XX The authority granted is consistent with the Air Services Agreement between the United States and the United

Kingdom of 1977, as amended , and with the state of aviation relations between the United States and the United

Kingdom with respect to Bermuda

.

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)

______________________ _________________________________________________________________ ___________ The code

- share operations conducted under this authorization are subject to the following conditions:

(a) The code

- share operations conducted under this authority must comply with 14 CFR 257 and with any

amendment to the Department’s regulations concerning code

- share arrangements that may be adopted.

Notwithstanding any provisions in the contract between the carriers, our approval here is expressly

conditioned upon the requirements that the subject foreign air transportation be sold in the name of the carrier

holding out such service in computer reservation systems and elsewhere; that the carrier selling such

transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code

- share

journey for all obligations e stablished in its contract of carriage with the passenger; and that the passenger

liability of the operating carrier be unaffected.

1 US Airways states that it intends to commence service following its merger with American Airlines, Inc. (“American”) and that it

initially intends to provide service pursuant to a codeshare arrangement with American on these routes. We note that no additiona l

ec onomic authority is necessary for the intended codesharing operations.

2 In this d ocket, US Airways currently holds ex emption authority to engage in scheduled foreign air transportation of persons,

property, and mail between Charlotte, North Carolina ; Chicago, Illinois; and Washington, D.C., on the one hand, and Bermuda, on the

other hand

. ( See Notice of Action Taken issued March 8, 2013 )

.(b) The authority granted here is specifically conditioned so that neither carrier nor its code

- share partner(s) shall

give any force and effect to any contractual provisions between themselves that are contrary to these

conditions.

__________________________ ________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regu lations, we found the applicant

qualified to provide the exemption 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 authority was consistent with the public interest; and (3) grant of the

authority would not constitu te a major regulatory 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 hearin g 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.govATTACHMENT

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 insu rance 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 Conv ention 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

Princip al 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, con ditions, 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 authori ty granted shall be effective only during the period when the holder is in compliance with the conditions

imposed above.

1/2008