 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 5, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 95-379

________________________________________________________________________
________________________________________________________

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 AEROMAR, S.A. de C.V.                           
                           Date Filed:  July 17, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct, using small equipment (see below), the following
operations – A) scheduled, combination services between:  1) the three
Mexican coterminal points Guadalajara, Manzanillo and San Luis Potosi,
and the U.S. terminal point San Antonio, Texas; 2) the Mexican terminal
point Mexico City, and the two U.S. coterminal points Laredo and San
Antonio, Texas; and B) charter operations, carrying passengers and/or
cargo, between Mexico and the United States, and other charters in
accordance with 14 CFR Part 212.

Date and citation of last action:  See NOAT issued on August 27, 2002,
in this Docket.  The authority to conduct scheduled Mexico City-San
Antonia service, however, is new authority.

Applicant representative(s):  Herbert A. Rosenthal, 202-785-9773    DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                                    Action date:  August
5, 2003

Effective dates of authority granted:  August 5, 2003, through August 5,
2004.

Basis for approval:  United States Mexico Air Transport Services
Agreement of August 15, 1960, as amended and extended (Agreement).

Conditions:  Except to the extent exempted/waived, this authority is
subject to the terms, conditions, and limitations of our standard
exemption conditions.  In the conduct of these operations, Aeromar must
adhere to all applicable provisions of the U.S.-Mexico Agreement, and
may only use aircraft capable of carrying no more than 60 passengers and
having a maximum payload capacity of no more than 18,000 pounds (small
equipment).  The above grant includes authority to conduct Third and
Fourth Freedom charter operations.  While we have subjected, consistent
with the provisions of the Agreement, Mexican carriers conducting
charter operations with large aircraft to prior approval or submission
of notice for their Third and Fourth Freedom charters, we determined
that any such requirement was not necessary on public interest grounds
in this case, since the carrier will be conducting these operations
solely with small aircraft.  Other charter operations to/from the United
States under this authority, however, are subject to prior approval
under 14 CFR Part 212.

 Action taken by:   Paul L. Gretch, Director	

		      Office of International Aviation	

________________________________________________________________________
_____________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that our action granting the above-described
amendment was consistent with Department policy and with the public
interest.  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
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