UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 7, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0043 _____________________________________________________________________________________________________________________

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).

Application of US AIRWAYS, INC. filed 1/17/12 for:

XX Renewal of an exemption under 49 U.S.C. 40109 to provide the following service:

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

United States, via intermediate points, to Abidjan, Cote d’Ivoire; Bujumbura, Burundi; Conakry, 

Guinea; Kinshasa, Democratic Republic of Congo; Freetown, Sierra Leone; Luanda, Angola; and Lome, 

Togo.1

Applicant rep: Howard Kass (202) 326-5153

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action granting exemption authority was effective when taken: February 7, 2012 through February 7, 2014.

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 the European 

Union, and the overall aviation relationship between the United States and the other foreign countries involved.

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

XX Holder’s certificates of public convenience and necessity 

 XX Standard exemption conditions (attached)

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

qualified to provide the exemption 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 Docket. 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:

 1 US Airways states that it will continue to provide these services pursuant to its code-share arrangement with Brussels 

Airlines. In this regard, see our Notice of Action Taken in this docket, issued March 18, 2010.
http://www.regulations.gov
ATTACHMENT 

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.

 

1/2008