### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation o n November 6

, 20 1 2

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2000

- 7340

This serves a s notice to the public of the action described below, taken by the Depar t ment offic i al indicated (no

additional confir m ing order will be issued in this matter).

Application o f US AI RW AYS, I N C. (US Airways) filed 9/17 / 1 2 for:

X X Renewal of exe m ption under 49 U.S

. C. §40 1 09 t o provide t h e following ser v ice:

Scheduled foreign air transportation of persons, property, and mail betwe e n a point or points in the

United States and a point or points in the Dominican Republic.

Applicant rep s :

Howard Kass and Benjamin Slocum ( 202) 3 2 6

- 5153 DOT Anal y st: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

X X Granted (subject to conditions, see below)

The above action was effective when taken: November 6

, 20 1 2

, t h rou g h November 6

, 20 1 4

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

X X The authority granted is consist e nt with the aviation agreement be t we e n the United States and the

Dominican Republic of 1 9 86 and the ov e r a ll state of a v iat i on rel ations between the United States and the

Dominican Republic

.

Except to the extent exe m pted or waived, this authori t y is subject to the ter m s, c o nditions, and li m i t ations

indicated: XX Holder’s certifica t es of public convenience and necessity

XX Standard exemption conditions (attached)

On the basis of data officially noticeable under Rule 24(g) of the Depar t ment ’ s regulations, we found the

applicant qu a lified to provide the servic e s authorized.

Under author i ty assigned by the Department in its regu l ations, 14 CFR Part 385, we found th at (1) our action

was consistent with Department polic y ; (2) grant of th e authori t y w as consistent with the publ i c interest; a n d

(3) grant of th e authori t y w ould not con s titute a major regulato r y action under the Energy Poli c y and

Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced Docket. We may

a mend, m odify, or rev o ke t h e authori t y g ranted 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

Depar t ment’s regulations, 14 CFR § 385

. 30, m ay file their petitions within seven (7) d a y s af t er the date of

issuance of this Notice. This action was effective when taken, and t h e filing of a petition for r e view will not

alter such ef f ectiveness.

An electro nic v ersion of t h is o rder is a v ail ab le on t h e Wor l d W i de W e b at

h tt

p ://www.reg u l a tio n s.g o v

### AT T AC H MENT

U.S. Carrier Exemption Conditions

In the conduct of the operations author i zed, the U.S. carrier applicant(s) shall:

(1) Hold at all ti m es effecti v e operating a u tho r ity from the govern m ent of each country serve d ;

(2) Co m ply with applicable require m ents c oncerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Co m ply with the require m ents for reporting data contained in 14 CFR 241;

(4) Co m ply with req u ir e m ents f or m i ni m u m insurance coverage, and for certifying that coverage to

the Department, contained in 14 CFR 205;

(5) Exce p t as specifically exe m pted or otherwi s e provided f or in a Depart m ent Order, co m ply with the

require m ents of 14 CFR 203, concern i ng waiver of W arsaw Convention liability li m its and defenses;

(6) Co m ply with all ap p lica b le r equire m ents of the Feder a l Aviation Ad m i nistration, the

Transportation Security Ad m i nis t ration, and with all a p plicable U.S. Govern m ent require m ents

concerning security, including, but not li m ited to, 49 CFR P a rt 1544. To assure co mpliance with all

applicable U .S. Government require m ents concerning security, the holder shall, before commencing

any new service (including charter fl i ghts) to or f rom a foreign airport, c o ntact its P ri n cipal S e curity

Inspect o r ( P SI) to ad v i se the PSI of its plans a nd to find out whether the T ransp ortation Security

Ad m i nistration has deter m ined that security is a d equate to allow such airp ort( s ) to be s erved;

(7) Co m ply with such other reasonable ter m s, conditions, and li m itations required by the public

interest as may be prescribed by the Depart m ent of Transportation, with all applica b le orders and

regulations of other U.S. agencies and courts, and with all a pplica b le l a ws of the United States.

The authority granted shall be effective only during the period when the holder is in co m pliance with

t he conditions i m posed above.

1/2008