UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC



### Issued by the Department of Transportation on February 22 , 2010

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2010

- 0040

This se rves 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. (US Airways), filed 2/ 17 /10, for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between (1) Charlotte, North

Carolina, and Puerto Vallarta, Mexico; and (2) Charlotte, North Carolina, and San Jose del Cabo,

Mexico

, beginning June 1, 2010.

Applicant rep: Howard Kass ( 202 ) 326

- 5153 DOT Analyst: Linda L. Lundell (202) 366

- 2336

D I S P O S I T I O N

XX Granted, subject to conditions (see below)

The above action was effective when taken: February 22 , 2010

, through February 22

, 2012

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The exemption authority granted is consistent with the aviation agreement between the United

States and Mexico.

Except to the extent exempted or waived, this authority is subjec t to the terms, conditions, and limitations

indicated XX The holder’s certificates of public convenience and necessity

XX Standard Exemption Conditions (attached)

Conditions : The U.S.

- Mexico exemption authority granted is subject to the dormancy not ice

requirements set forth in condition 7 of Appendix A of Order 88

- 10

- 2

. Consistent with our standard

policy, t he dormancy notice period will begin on June 1, 2010, US Airways ’ proposed start

- up date fo r the subject services.

Remarks: We acted on this application without awaiting expiration of the 15

- day answer period with th e consent of all parties served with a copy of the application.

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 aut hority 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 constitu te 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

hearin g 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:

http://www.regulat ions.govATTACHMENT

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 w ith 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 liabili ty 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 t o, 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 In spector (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 sh all be effective only during the period when the holder is in compliance with the

conditions imposed above.



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