BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

In the Matter of ) 

 ) 

 U.S.-RUSSIA THIRD-COUNTRY CODE ) Docket DOT-OST-2008-0283 

 SHARING PROCEEDING ) 

_____________________________________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF EXEMPTION AUTHORITY 

(United States – Russia Third Country Codesharing) 

Communications with respect to this document should be sent to: 

Howard Kass 

Vice President – Legal and Government Affairs 

Benjamin T. Slocum 

Director and Assistant General Counsel 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 20005 

(202) 326-5153 

howard.kass@usairways.com 

benjamin.slocum@usairways.com

July 25, 2012 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_____________________________________ 

In the Matter of ) 

 ) Docket DOT-OST-2008-0283 

 U.S.-RUSSIA THIRD-COUNTRY CODE ) 

 SHARING PROCEEDING ) July 25, 2012 

_____________________________________ ) 

APPLICATION OF US AIRWAYS, INC. 

FOR RENEWAL OF EXEMPTION AUTHORITY 

(United States – Russia Third Country Codesharing) 

 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 the United States and Moscow and St. Petersburg, Russia, 

under a third-country codeshare arrangement. 

 In support of this Application, US Airways respectfully states as follows: 

1. US Airways is a Delaware corporation with its principal office at 111 West 

Rio Salado Parkway, Tempe, Arizona, 85281. 

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 renewal 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, March 2, 2011, Docket DOT-OST-2000-0003 

(Charlotte, North Carolina – Rio de Janeiro/Sao Paulo, Brazil).) Pursuant to Rule 24 of 
Application of US Airways for Renewal of an Exemption 

(United States – Russia Third Country Codesharing)

2

the Department’s Rules of Practice, US Airways requests that the Department take 

official notice of all information previously filed to establish it’s fitness. 

3. By Notice of Action Taken, issued September 29, 2010, the Department 

renewed US Airways’ two-year exemption from 49 U.S.C. § 41101 to provide 

“[s]cheduled foreign air transportation of persons, property, and mail between the United 

States and Moscow and St. Petersburg, Russia, under a third-country code-share 

arrangement.” (Docket DOT-OST-2008-0283) 

4. US Airways currently provides scheduled air service between the United 

States and Moscow, Russia, via Zurich, Switzerland, pursuant to its codeshare 

arrangement with Swiss International Air Lines, Ltd. (“Swiss”).1

 Renewal of US Airways’ 

exemption authority will greatly serve the public interest by providing substantial 

competition to other carriers serving Russia from the United States, while supporting 

commerce and enhancing the options available to the traveling public. 

5. The Department has previously determined that the codeshare operations 

described herein are “in conformance with Annex V to the 1994 U.S.-Russian 

Federation Air Transport Agreement.” (Notice of Action Taken, September 29, 2010, 

Docket DOT-OST-2008-0283.) 

6. Pursuant to 14 C.F.R. § 377.10, US Airways intends to rely on the 

Administrative Procedure Act, 5 U.S.C. § 558(c) implemented by Part 377, to 

continue in effect its current exemption authority pending a final determination on 

 

1

 US Airways does not currently provide codeshare service between the United States and St. 

Petersburg, Russia, because the US Airways and Swiss flight schedules do not align. Should schedule 

changes occur which would enable codeshare service to St. Petersburg, US Airways would seek to 

implement this service. 
Application of US Airways for Renewal of an Exemption 

(United States – Russia Third Country Codesharing)

3

this renewal application. US Airways’ current exemption is effective through 

September 29, 2012. 

WHEREFORE, on the basis of the foregoing, US Airways, Inc. requests 

that the Department renew its exemption authority to engage in scheduled 

foreign air transportation of persons, property, and mail between the United 

States and Moscow and St. Petersburg, Russia, under a third-country codeshare 

arrangement, as described herein. 

 

 Respectfully submitted,

/s/ Benjamin T. Slocum_____ 

Howard Kass 

Vice President – Legal and Government Affairs 

Benjamin T. Slocum 

Director and Assistant General Counsel 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 20005 

(202) 326-5153 

howard.kass@usairways.com 

benjamin.slocum@usairways.com

July 25, 2012 
CERTIFICATE OF SERVICE 

I certify that, on July 25, 2012, 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: 

urskr@state.gov (Department of State)

esta.rosenberg@dot.gov (Department of Transportation) 

brian.hedberg@dot.gov (Department of Transportation) 

brett.kruger@dot.gov (Department of Transportation)

john.allen@faa.gov (Federal Aviation Administration) 

dan.weiss@united.com (United) 

steve.morrissey@united.com (United) 

jonathan.linde@united.com (United)

carl.nelson@aa.com (American) 

robert.wirick@aa.com (American) 

francis.heil@aa.com (American) 

james.kaleigh@aa.com (American)

sascha.vanderbellen@delta.com (Delta)

jeff.morgan@delta.com (Delta)

anita.mosner@hklaw.com (Counsel for UPS) 

jennifer.nowak@hklaw.com (Counsel for UPS) 

cefelts@fedex.com (FedEx) 

nssparks@fedex.com (FedEx) 

kevin.montgomery@polaraircargo.com (Polar) 

rpommer@atlasair.com (Atlas) 

 

 /s/ Benjamin T. Slocum_____ 

 

 Benjamin T. Slocum