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 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, D.C. 

Issued by the Department of Transportation on August 2, 2010 

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2010-0183 DOT-OST-2009-0003 _________________________________________________________________________________________________________________________ 

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). 

Docket DOT-OST-2010-0183 

Joint Application of UNITED AIR LINES, INC. (United) and US AIRWAYS, INC. (US Airways) filed

7/15/10 for:

XX Temporary reallocation to US Airways of seven U.S.-Brazil frequencies held by United to permit US 

Airways to offer daily nonstop Charlotte-Sao Paulo service.1

Docket DOT-OST-2009-0003

Application of US AIRWAYS, INC. (US Airways) filed 7/15/10 for:

XX Amendment of exemption under 49 U.S.C. 40109 to provide the following services: 

Scheduled foreign air transportation of persons, property, and mail between Charlotte, North Carolina 

and Sao Paulo, Brazil.2

Applicant reps: Jeffrey A. Manley (301) 229-8571 (United) DOT Analyst: Thuy H. Cooper (202) 366-5423

 Howard Kass (202) 326-5153 (US Airways) 

D I S P O S I T I O N 

XX Granted request of United and US Airways for reallocation of U.S.-Brazil frequencies in Docket 

DOT-OST-2010-0183 (subject to conditions, see below) 

XX Granted request of US Airways for amended exemption authority in Docket DOT-OST-2009-0003 

(subject to conditions, see below) 

The above action granting a temporary reallocation of frequencies in Docket DOT-OST-2010-0183 was effective 

when taken: August 2, 2010. The reallocation of frequencies will remain in effect indefinitely, subject to 

conditions and the arrangements agreed between the applicants, as set forth in their application.3

The above action granting amended exemption authority to US Airways in Docket DOT-OST-2009-0003 was 

effective when taken: August 2, 2010, through August 2, 2012. 

 

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 The Joint Applicants state that the reallocation will be for a period from January 11, 2011 through the conclusion of the 

IATA winter 2014-15 traffic season, subject to extension. The Joint Applicants request an indefinite reallocation until 

notification is filed with the Department that the frequencies are to be returned to United. 2

 US Airways currently holds economic authority to serve the Charlotte- Rio de Janeiro market (see Order 2009-4-6). 3 See footnote 1. 
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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 Brazil. 

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated: XX US Airways’ certificates of public convenience and necessity 

 XX Standard U.S. Carrier Exemption Conditions (attached) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 

Conditions: The frequencies temporarily reallocated here to US Airways are subject to start-up and dormancy 

conditions. If US Airways does not begin service with the reallocated frequencies within 90 days of 

January 11, 2011, then, in light of the fact that the reallocation of these frequencies derives from an unopposed 

arrangement between United and US Airways, the unused frequencies will automatically revert to United. 

Similarly, any frequency not operated for a period of 90 days (once inaugurated and for any reason other than 

seasonal use), will be deemed dormant and the reallocation as to that frequency will revert to United. 

Should any frequencies revert to United, whether under the start-up condition or the dormancy condition 

discussed immediately above, such frequencies will again be subject to start-up and dormancy conditions while 

held by United. Specifically, if United does not begin service with the reverted frequencies within 90 days of the 

reversion, any unused frequency will revert to the Department. Similarly, any frequency that has reverted to 

United and which is not operated for a period of 90 days (once inaugurated by United and for any reason other 

than for seasonal use), will be deemed dormant and the allocation as to that frequency will revert to the 

Department. 

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On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the 

applicants 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 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 Dockets. 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
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Appendix A 

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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