BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

US AIRWAYS, INC., 

PIEDMONT AIRLINES, INC., and 

PSA AIRLINES, INC. 

 and 

BRITISH AIRWAYS PLC and 

OPENSKIES SAS 

for blanket Statements of Authorization under 14 C.F.R. Part 212 and 

related exemption authority pursuant to 49 U.S.C. §40109 

(Reciprocal Codesharing) 

DOT-OST-2014-______ 

JOINT APPLICATION OF US AIRWAYS, INC., PIEDMONT AIRLINES, INC. 

AND PSA AIRLINES, INC., AND BRITISH AIRWAYS PLC AND OPENSKIES SAS FOR 

STATEMENTS OF AUTHORIZATION AND RELATED EXEMPTION AUTHORITY 

Howard Kass 

Vice President – Regulatory Affairs 

Abigail Donovan 

Director, Congressional and Federal Affairs 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 20005 

(202) 326-5153 

howard.kass@aa.com 

abigail.donovan@aa.com 

Robert A. Wirick 

Managing Director, Regulatory and 

International Affairs 

US Airways, Inc. 

P.O. Box 619616, MD 5635 

DFW Airport, Texas 75161 

(817) 963-0394 

robert.wirick@aa.com 

Richard Mendles 

General Counsel, Americas 

James B. Blaney 

Senior Counsel, Americas 

2 Park Avenue, Suite 1100 

New York, New York 10016 

richard.mendles@ba.com 

jim.blaney@ba.com 

Don H. Hainbach 

Jason E. Maddux 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Ave, NW, Suite 590 

Washington, DC 20036 

(202) 776-3970 

dhainbach@ggh-airlaw.com 

jmaddux@ggh-airlaw.com 

 

Counsel for British Airways Plc and OpenSkies SAS 

 

March 28, 2014 

NOTICE: Answers to this Application are due April 14, 2014. However, the Joint Applicants 

request expedited treatment of this application. The Joint Applicants will poll the U.S. 

carrier representatives served with this application and notify the Department promptly of 

the results of the poll. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Joint Application of 

US AIRWAYS, INC., 

PIEDMONT AIRLINES, INC., and 

PSA AIRLINES, INC. 

 and 

BRITISH AIRWAYS PLC and 

OPENSKIES SAS 

for blanket Statements of Authorization under 14 C.F.R. Part 212 and 

related exemption authority pursuant to 49 U.S.C. §40109 

(Reciprocal Codesharing) 

DOT-OST-2014-______ 

JOINT APPLICATION OF US AIRWAYS, INC., PIEDMONT AIRLINES, INC. 

AND PSA AIRLINES, INC., AND BRITISH AIRWAYS PLC AND OPENSKIES SAS FOR 

STATEMENTS OF AUTHORIZATION AND RELATED EXEMPTION AUTHORITY 

 US Airways, Inc. (“US Airways”) and its affiliates Piedmont Airlines, Inc. (“Piedmont”) and 

PSA Airlines, Inc. (“PSA”) and British Airways Plc (“British Airways”) and its affiliate OpenSkies SAS 

(“OpenSkies”) (collectively, the “Carriers”) jointly apply for issuance of blanket statements of 

authorization under 14 C.F.R. Part 212 and related exemption authority pursuant to 49 U.S.C. §40109 to 

the extent necessary to implement codesharing arrangements provided for in the Code Share Agreement 

between British Airways and American Airlines, Inc. (“American”). US Airways and British Airways 

plan to codeshare between points in the United States and points in the European Union (EU), both nonstop and via intermediate points, and beyond to third country points. They request expedited treatment 

for this Joint Application, that the requested exemption authorities be granted for a period of at least two 

years, and that the requested statements of authorization be granted for an indefinite period.1

 

 In support of this Joint Application, the Carriers submit the following: 

 

1

 To the extent necessary, the Carriers request a waiver of the 45-day advance filing requirement specified in 

Part 212 to enable the codeshare service for which authorization is requested to begin without delay. 
 

2 

1. Following the merger of US Airways Group, Inc. and AMR Corp. on December 9, 2013, 

US Airways and American share the same ultimate corporate parent, American Airlines Group, Inc. and, 

pursuant to the existing codeshare agreement between American and British Airways, US Airways 

qualifies as an affiliate of American for the purposes of the existing codeshare arrangement.2

 US Airways 

and American have elected to include US Airways in the already-existing codeshare arrangement with 

British Airways in order to ensure a consistent relationship between British Airways and both US 

Airways and American. A copy of the British Airways-American codeshare agreement, which also 

covers affiliates such as Piedmont, PSA, and OpenSkies, is on file with the Department. 

2. US Airways and PSA request statements of authorization for blanket codeshare authority 

to display British Airways’ BA* designator code on flights operated by US Airways and PSA (i) between 

any point or points in the United States and any point or points in the EU (either non-stop or via third 

country intermediate points); (ii) between any point or points in the EU and any point or points in third 

countries; (iii) between U.S. points; and (iv) between any point or points in the U.S. and any point or 

points in third countries. Piedmont requests a statement of authorization for blanket codeshare authority 

to display British Airways’ BA* designator code on flights it operates between points in the United 

States, The specific routes that are initially covered by the above codesharing arrangement are described 

in Appendix A. 

3. British Airways and OpenSkies request statements of authorization for blanket codeshare 

authority to display US Airways’ US* designator code on flights operated by British Airways and 

OpenSkies (i) between any point or points in the United States and any point or points in the EU (either 

non-stop or via third country intermediate points); (ii) between any point or points in the United States 

and any point or points in third countries; (iii) between EU points; and (iv) between any point or points in 

 

2

 Under the American – British Airways Code Share Agreement, “‘Affiliate’ means, with respect to any 

person or entity, any other person or entity, directly or indirectly, Controlling, Controlled by, or under Common 

Control with, such person or entity... (4) any other airline in which, and for so long as, AMR maintains beneficial 

ownership, directly or indirectly, of at least fifty-one percent (51%) of the outstanding capital stock (or other equity 

interests) of such airline...” 
 

3 

the EU and any point or points in third countries. The specific routes initially covered by the above 

codesharing arrangement are all routes on which British Airways and OpenSkies already display the 

American AA* designator code. 

4. US Airways currently holds all underlying authority necessary to operate these flights. 

US Airways is authorized to engage in the scheduled domestic air transportation described in Appendix A 

pursuant to Certificate of Public Convenience and Necessity for Interstate Air Transportation issued by 

Order 97-4-6. US Airways also holds certificate authority “to serve all open skies partners...” (Order 

2007-4-20, April 18, 2007, Dockets DOT-OST-2005-22228 and DOT-OST-2005-22578.) 

5. PSA currently holds all underlying authority necessary to operate these flights. PSA is 

authorized to engage in the scheduled domestic air transportation described in Appendix A pursuant to 

Certificate of Public Convenience and Necessity for Interstate Air Transportation issued by Order 2004-3-

32. PSA also holds a Certificate of Public Convenience and Necessity for Foreign Air Transportation 

issued by Order 2004-5-22. 

6. Piedmont currently holds all underlying authority necessary to operate these flights. 

Piedmont is authorized to engage in the scheduled domestic air transportation described in Appendix A 

pursuant to an Air Carrier Certificate issued by the Federal Aviation Administration dated August 5, 1989 

and reissued July 7, 1993, and numbered as HNAA001A. Piedmont is registered as an Air Taxi Operator 

and Commuter Air Carrier under part 298 of the Regulations of the Department of Transportation. 

7. British Airways currently holds all underlying authority necessary to operate these 

flights. British Airways holds a Foreign Air Carrier Permit authorizing it to provide scheduled service 

“from any point or points behind any Member State of the European Union, via any point or points in any 

Member State and via intermediate points, to any point or points in the United States and beyond... [and] 

between any point or points in the United States and any point or points in any member of the European 

Common Aviation Area...” (Order 2007-10-1, p.3.) Moreover, by Order 2010-7-8, the Department inter 

alia authorized American and British Airways to engage in blanket reciprocal open-skies codesharing. 

Pursuant to the Department’s Notice in the Matter of Blanket Notification of Codeshare Service to Open-
 

4 

Skies Partners and Points, February 9, 2009, American and British Airways provided blanket notification 

on August 6, 2010, of their intent to engage in reciprocal codeshare services subject to notifying the 

Department no later than 30 days before commencing any additional codeshare services to or from nonopen skies countries. 

8. OpenSkies also currently holds all underlying authority necessary to operate these flights. 

OpenSkies holds a Foreign Air Carrier Permit authorizing it to provide scheduled service “from any point 

or points behind any Member State of the European Union, via any point or points in any Member State 

and via intermediate points, to any point or points in the United States and beyond... [and] between any 

point or points in the United States and any point or points in any member of the European Common 

Aviation Area...” (Order 2009-6-20 (Apr. 22, 2009)). OpenSkies also holds a statement of authorization 

enabling it to display the AA* designator code of American on flights operated by OpenSkies to and from 

the United States (Order 2010-7-8 (Jul. 20, 2010), as amended by Order 2011-3-1 (Mar. 10, 2011) and 

Order 2011-11-22 (Nov. 17, 2011)). 

9. Aviation relations between the United States and the United Kingdom are governed by 

the Air Transport Agreement between the United States of America and the European Community and Its 

Member States (“U.S.-EU Agreement”). The U.S.-EU Agreement expressly permits designated airlines 

of one Party to “enter into cooperative marketing arrangements such as blocked-space or code-sharing 

arrangements, with a) an airline or airlines of the Parties...” (U.S.-EU Agreement Article 10, 7.) 

10. The Carriers seek permission to engage in these codesharing arrangements in order to 

more effectively compete by offering better and more fully integrated services to their respective 

customers. Codesharing allows two carriers to create and market new services together when economic 

or regulatory obstacles would prevent either from developing those products independently. Such 

services not only enable the carriers to more effectively compete in the marketplace, but they also have 

specific benefits for consumers. The codeshare services proposed by US Airways and British Airways 

are fully consistent with the public interest and DOT policy. As the Department has noted: 
 

5 

Code sharing and other cooperative marketing arrangements can provide a cost-efficient 

way for carriers to enter new markets, expand their systems and obtain additional flow 

traffic to support their other operations by using existing facilities and scheduled 

operations. Because these cooperative arrangements can give the airline partners new or 

additional access to more markets, the partners will gain traffic, some stimulated by the 

new service, and some diverted from incumbents. In this way, cooperative arrangements 

can enhance the competitive positions of both partners in such a relationship. 

Increased international code sharing and other cooperative arrangements can benefit 

consumers by increasing international service options and enhancing competition 

between carriers, particularly for traffic to or from cities behind major gateways. By 

stimulating traffic, the increased competition and service options should expand the 

overall international market and increase overall opportunities for the aviation industry. 

(U.S. International Air Transportation Policy Statement, April 1995, at 4.) The Department has also 

recognized that codesharing results in increased passenger convenience by permitting single-carrier 

reservations and ticketing. (See Continental-SAS, Order 88-12-46.) 

11. The Carriers agree to accept the conditions normally applicable to blanket codeshare 

authority such as requested herein. This includes the requirement to notify the Department thirty (30) 

days in advance of any new codeshare operation3

 and to notify the Department of any codeshare operation 

the carriers have agreed to discontinue.4

 The carriers will also ensure compliance with all other 

applicable Department regulations and policies, including the codeshare disclosure regulations of Part 

257. The Carriers also request that the statements of authorization be issued for an indefinite period, so 

long as their Code Share Agreement continues in effect. Should the Code Share Agreement cease to be 

effective, the Carriers will notify the Department. Finally, the terms of the Code Share Agreement are 

fully consistent and do not interfere with US Airways’ commitment to the Civil Reserve Air Fleet. 

 

3

 To the extent necessary, US Airways and British Airways hereby provide blanket notification of their intent 

to engage in reciprocal codeshare services i) between points in the United States and points in the EU (both nonstop 

and intermediate routings via open skies points); ii) between points in the United States and points in the European 

Common Aviation Area where open skies applies; iii) between points in the United States; iv) between points in the 

EU; v) beyond the EU to open skies points; and vi) beyond the United States to open skies points. 

4

 For the administrative convenience of the Department and the carriers, and to allow routine schedule 

changes as may be necessary between mainline and affiliated carrier equipment, notice of specific codeshare routes 

given to the Department by British Airways, OpenSkies, US Airways, Piedmont or PSA, should be deemed notice 

given for each of the carriers.
 

6 

12. US Airways has completed a review of the IATA Operational Safety Audits (“IOSA”) 

performed on British Airways and OpenSkies in accordance with the requirements of the DOT/FAA 

Codeshare Safety Program Guidelines issued December 21, 2006. The results of the IOSA audits have 

been submitted to the FAA for review and were accepted on August 21, 2013, for British Airways, and on 

January 14, 2014, for OpenSkies. 

13. The Carriers intend to begin operating the proposed codeshare arrangements for which 

authority is requested here upon receipt of all necessary governmental approvals. The Carriers request 

that the Department act upon this application as expeditiously as possible, and to the extent necessary 

request a waiver of the 45-day advance filing requirement specified in Part 212 to enable the 

codeshare service for which authorization is requested to begin without delay. 

WHEREFORE, on the basis of the foregoing, US Airways, British Airways and their respective 

affiliates jointly request that the Department grant them the exemption authorities and blanket statements 

of authorization requested herein to the extent necessary to enable the Carriers to fully implement the 

codeshare arrangements described above. The Carriers further request that the Department grant them 

such other relief as it considers to be consistent with this Joint Application and otherwise in the public 

interest. 

 

Appendix A

British Airways Codeshare on US Airways Operated Flights 

ROUTING 

To/From Boston, Massachusetts (BOS): 

Pittsburgh, Pennsylvania (PIT) 

To/From Charlotte, North Carolina (CLT): 

Barcelona, Spain (BCN) 

Brussels, Belgium (BRU) 

Dublin, Ireland (DUB) 

Fort Myers, Florida (RSW) 

Frankfurt, Germany (FRA) 

Jacksonville, Florida (JAX) 

Las Vegas, Nevada (LAS) 

Lisbon, Portugal (LIS) 

London, England (LHR) 

Madrid, Spain (MAD) 

Manchester, England (MAN) 

New Orleans, Louisiana (MSY) 

Paris, France (CDG) 

Philadelphia, Pennsylvania (PHL) 

Rome, Italy (FCO) 

To/From Philadelphia, Pennsylvania (PHL): 

Amsterdam, Netherlands (AMS) 

Athens, Greece (ATH) 

Atlanta, Georgia (ATL) 

Baltimore, Maryland (BWI) 

Barcelona, Spain (BCN) 

Brussels, Belgium (BRU) 

Buffalo, New York (BUF) 

Cancun, Mexico (CUN) 

Charlotte, North Carolina (CLT) 

Cincinnati, Ohio (CVG) 

Cleveland, Ohio (CLE) 

Columbus, Ohio (CMH) 

Denver, Colorado (DEN) 

Dublin, Ireland (DUB) 

Edinburgh, Scotland (EDI) 

Fort Lauderdale, Florida (FLL) 

Fort Myers, Florida (RSW) 

Frankfurt, Germany (FRA) 

Glasgow, Scotland (GLA) 

Greensboro, North Carolina (GSO) 

Houston, Texas (IAH) 

Indianapolis, Indiana (IND) 

Jacksonville, Florida (JAX) 

Kansas City, Missouri (MCI) 
Las Vegas, Nevada (LAS) 

Lisbon, Portugal (LIS) 

London, England (LHR) 

Los Angeles, California (LAX) 

Madrid, Spain (MAD) 

Manchester, England (MAN) 

Miami, Florida (MIA) 

Minneapolis, Minnesota (MSP) 

Munich, Germany (MUC) 

Nashville, Tennessee (BNA) 

New Orleans, Louisiana (MSY) 

Orlando, Florida (MCO) 

Paris, France (CDG) 

Phoenix, Arizona (PHX) 

Pittsburgh, Pennsylvania (PIT) 

Portland, Oregon (PDX) 

Raleigh Durham, North Carolina (RDU) 

Richmond, Virginia (RIC) 

Rome, Italy (FCO) 

San Diego, California (SAN) 

San Francisco, California (SFO) 

San Juan, Puerto Rico (SJU) 

Seattle, Washington (SEA) 

Shannon, Ireland (SNN) 

St. Louis, Missouri (STL) 

Tampa, Florida (TPA) 

Venice, Italy (VCE) 

Washington, DC (DCA) 

West Palm Beach, Florida (PBI) 

Zurich, Switzerland (ZRH) 

To/From Phoenix, Arizona (PHX): 

San Diego, California (SAN)