BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_______________________________________________

In the Matter of )

)

 US AIRWAYS, INC. ) Order 2013-7-4

) Docket DOT-OST-2013-0072

for renewal of an exemption )

pursuant to 49 U.S.C. § 40109 )

(United States – Brazil) )

_______________________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION

(United States – Brazil)

Communications with respect to this document should be addressed to:

Howard Kass

Vice President – Regulatory Affairs

Robert A. Wirick

Managing Director, Regulatory and International Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

American Airlines, Inc.

1101 17th Street, N.W. 

Washington, D.C. 20036

(202) 326-5153

howard.kass@aa.com

robert.wirick@aa.com

abigail.donovan@aa.com

May 1, 2015
BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_______________________________________________

In the Matter of )

)

 US AIRWAYS, INC. ) Order 2013-7-4

) Docket DOT-OST-2013-0072

for renewal of an exemption ) 

pursuant to 49 U.S.C. § 40109 ) May 1, 2015

(United States – Brazil) )

_______________________________________________ )

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF AN EXEMPTION

(United States – Brazil)

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 any point or points in the United States via intermediate points to any point or points in 

Brazil.

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, April 2, 2015, 

Docket DOT-OST-2005-22645 (Phoenix, Arizona – Hermosillo, Mexico)). Pursuant to Rule 
Application of US Airways for Renewal of an Exemption

(United States – Brazil)

3

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 Order, issued July 3, 2013, the Department granted US Airways a two-year 

exemption from 49 U.S.C. § 41101 to engage in scheduled foreign air transportation of persons, 

property, and mail between any point or points in the United States via intermediate points to any 

point or points in Brazil. (Order 2013-7-4, July 3, 2013, Docket DOT-OST-2013-0072).

1

 

4. Renewal of US Airways’ exemption authority will greatly serve the public 

interest by providing substantial competition to other carriers serving Brazil from the United 

States, while supporting commerce and enhancing the options available to the traveling public.

5. 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. US Airways’ 

current exemption is effective through July 3, 2015. Accordingly, this renewal application is 

timely filed under the provisions of Part 377.

 

1 US Airways requested broad exemption authority for all U.S. and Brazil points.
Application of US Airways for Renewal of an Exemption

(United States – Brazil)

4

WHEREFORE, US Airways respectfully requests that the Department renew its

exemption authority to engage in scheduled foreign air transportation of persons, property, and 

mail, as discussed herein.

Respectfully submitted,

_______________________

Howard Kass

Vice President – Regulatory Affairs

Robert A. Wirick

Managing Director, Regulatory and International 

Affairs

Abigail Donovan

Director, Congressional and Federal Affairs

American Airlines, Inc.

1101 17th Street, N.W. 

Washington, D.C. 20036

(202) 326-5153

howard.kass@aa.com

robert.wirick@aa.com

abigail.donovan@aa.com

May 1, 2015
CERTIFICATE OF SERVICE

I certify that, on May 1, 2015, 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:

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.s.duncan@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)

jeremy.ross@alaskaair.com (Alaska)

dheffernan@cozen.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)

john.fredericksen@suncountry.com (Sun Country)

thomas.ting@suncountry.com (Sun Country)

matwood@cozen.com (Counsel for Frontier)

slachter@cozen.com (Counsel for Frontier)

_________________________

Abigail Donovan