 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 20, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-1995-298

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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).

Applicant:  TRANSPORTES AEREOS de CABO VERDE d/b/a TACV                 
                            

Date Filed: May 27, 2003, as amended July 24, 2003.

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct, by wet-lease of equipment, scheduled foreign air
transportation of persons, property and mail, between Ilha do Sal, Cape
Verde, and the two U.S. coterminal points Boston, Massachusetts, and New
York, New York.

Applicant representative:  Aidan D. Jones, 202-293-2386            DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  On August 12, 2003, the Port Authority of New
York and New Jersey filed a pleading in support of TACV’s request.

	DISPOSITION

Action:  Approved.	             	             	                         
         Action date:  August 20, 2003

Effective dates of authority granted:  August 20, 2003, through August
20, 2004.

Basis for approval (bilateral agreement/reciprocity):  The authority is
encompassed by the U.S.-Cape Verde aviation agreement, which both the
United States and Cape Verde are adhering to based on comity and
reciprocity.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.     

Special conditions:  In the conduct of the services authorized, TACV may
only use aircraft wet leased from a duly authorized and properly
supervised U.S. or foreign air carrier that receives requisite authority
under the provisions of 14 CFR Part 212 of the Department’s
regulations.

Action taken by:   Paul L. Gretch, Director	

		      Office of International Aviation	

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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) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) 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/deferred/dismissed, 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:

http://dms.dot.gov//reports/reports_aviation.asp

