UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, DC

Issued by the Department of Transportation on January 10, 2014

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2001-11152 _______________________________________________________________________________________________________________________________________

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 12/4/13 for:

XX Amended exemption 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, Michigan; 

Miami, Florida; and Raleigh/Durham, North Carolina, on the one hand, and Bermuda, on the other hand. 1 2

Applicant representative: Benjamin T. Slocum (202) 326-5153 

DOT Analyst: Darren Jaffe (202) 366-2512 

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, 2014 through January 10, 2016.

Action taken by: Paul L. Gretch, Director

 Office 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 established 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 additional 

economic authority is necessary for the intended codesharing operations. 2 In this docket, US Airways currently holds exemption 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 regulations, we found the applicant

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

authority would not constitute 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 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
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.

 

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