BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. In the Matter of US AIRWAYS, INC. Docket DOT-OST-2012-0189 for renewal of an exemption pursuant to 49 U.S.C. 40109 (United States South Africa Codesharing APPLICATION OF US AIRWAYS, INC. FOR RENEWAL OF EXEMPTION AUTHORITY (United States South Africa Codesharing Communications with respect to this document should be addressed to: Howard Kass Vice President Regulatory Affairs 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 October 3, 2014
BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. In the Matter of US AIRWAYS, INC. Docket DOT-OST-2012-0189 for renewal of an exemption October 3, 2014 pursuant to 49 U.S.C. 40109 (United States South Africa Codesharing APPLICATION OF US AIRWAYS, INC. FOR RENEWAL OF EXEMPTION AUTHORITY (United States South Africa 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 hold out code-share only service: a between any point or points in the United States, via the intermediate points Frankfurt, London, and Munich (without local traffic rights, and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa; and b between any point or points in the United States, via the intermediate point Dakar, Senegal, and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa. 1 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 1 US Airways provides scheduled air service between the United States and South Africa pursuant to its codeshare arrangement with South African Airways (Pty Limited ( SAA.
Application of US Airways for Renewal of an Exemption (United States South Africa Codesharing 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, September 24, 2014, Docket DOT-OST-2001-9768 (Charlotte, North Carolina Cozumel, Mexico. Pursuant to Rule 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 Notice of Action Taken, issued December 4, 2012, the Department issued US Airways a two-year exemption from 49 U.S.C. 41101 to to hold out codeshare with SAA (a between any point or points in the United States, via the intermediate points Frankfurt, London, and Munich (without local traffic rights, and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa; and (b between any point or points in the United States, via the intermediate point Dakar, Senegal, and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa (Docket DOT-OST-2012-0189. 4. US Airways currently provides scheduled air service between the United States and South Africa via its codeshare with SAA. Renewal of US Airways exemption authority will greatly serve the public interest by providing substantial competition to other carriers serving South Africa from the United States, while supporting commerce and enhancing the options available to the traveling public. 5. The Department has previously determined that the exemption authority sought in this renewal application is consistent with the United States-South Africa Air 2
Application of US Airways for Renewal of an Exemption (United States South Africa Codesharing Transport Agreement. (See Notice of Action Taken, December 4, 2012, Docket DOT- OST-2012-0189. 6. 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 December 4, 2014. Accordingly, this renewal application is timely filed under the provisions of Part 377. WHEREFORE, US Airways respectfully requests that the Department renew its exemption authority to provide code-share only services between points in the United States and points in South Africa, as discussed herein. Respectfully submitted, Howard Kass Vice President Regulatory Affairs Director, Congressional and Federal Affairs US Airways, Inc. 1401 H Street, NW Washington, DC 20005 (202 326-5153 howard.kass@aa.com abigail.donovan@aa.com October 3, 2014 3
CERTIFICATE OF SERVICE I certify that, on October 3, 2014, 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: englets@state.gov (Department of State cristinasa@state.gov (Department of State 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.allen@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@dowlohnes.com (Counsel for JetBlue and Hawaiian perkmann@dowlohnes.com (Counsel for JetBlue and Hawaiian rpommer@atlasair.com (Atlas 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