	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC



Issued by the Department of Transportation on May 31, 2000

NOTICE OF ACTION TAKEN -- DOCKET OST-95-557

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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).

Application of   Amerijet International, Inc.    filed   12/1/99  to:

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

Scheduled foreign air transportation of property and mail between
Miami/Ft. Lauderdale, Florida, on the one hand, and Caracas, Maracaibo,
and Valencia, Venezuela, on the other, via intermediate and beyond
points named in the U.S.-Venezuela aviation agreement, and to integrate
this authority with its existing exemption and certificate authority and
any authority it may acquire in the future.1

Applicant rep:  John L. Richardson  (202) 371-2258  DOT Analyst:    
Sylvia Moore  (202) 366-6519

D I S P O S I T I O N

XX  Granted in part (subject to conditions, see below)

XX  Balance dismissed (see below)

The above action was effective when taken:   May 31, 2000,  through  May
31, 2002

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 Venezuela.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX  Holder’s
certificate of public convenience and necessity

	   XX  Standard Exemption Conditions (attached)

(See Reverse Side)

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Conditions:  The authority granted to serve intermediate and beyond
points is limited to countries with which the United States has signed
open-skies agreements and/or countries for which Amerijet holds
authority to serve under certificates and exemptions issued by the
Department, and for which it holds route integration authority by virtue
of either the present action or other action of the Department.

The route integration authority granted is subject to the condition that
any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved. 
Furthermore, (a) nothing in the award of the route integration authority
requested should be construed as conferring upon Amerijet rights
(including fifth-freedom intermediate and/or beyond rights) to serve
markets where U.S. carrier entry is limited unless Amerijet notifies the
Department of its intent to serve such a market and unless and until the
Department has completed any necessary carrier selection procedures to
determine which carrier(s) should be authorized to exercise such rights;
and (b) should there be a request by any carrier to use the
limited-entry route rights that are included in Amerijet’s authority
by virtue of the route integration exemption granted here, but that are
not then being used by Amerijet, the holding of such authority by route
integration will not be considered as providing any preference for
Amerijet in a competitive carrier selection proceeding to determine
which carrier(s) should be entitled to use the authority at issue.

Dismissal:  We dismissed the carrier’s request for route integration
authority with respect to future certificate/exemption authority.  When
faced previously with comparable requests, we decided not to grant open
route integration authority on a prospective basis (see, for example,
Notices of Action Taken dated August 19, 1999 (Docket OST-99-6044) and
November 25, 1998 (Docket OST-98-4788)).

We also dismissed Amerijet’s request to serve Cuba and Brazil as
intermediate points.  With respect to Cuba, U.S. Government regulations
currently preclude U.S. carriers from operating scheduled services
between the United States and Cuba.  (See 31 CFR Part 515.)  Therefore,
it is not the Department’s policy to award new scheduled authority to
serve this market.  With respect to Brazil, there are currently no
all-cargo opportunities available for scheduled service in the
U.S.-Brazil market.

Remarks:  The U.S.-Venezuela aviation agreement does not provide for
coterminalization of Caracas and Maracaibo.  These points may only be
served as separate terminal points.

The authority for which Amerijet requested renewal expired January 30,
2000, but had been kept in force pursuant to the provisions of the
Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR
Part 377, pending action on its timely filed renewal application.

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On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) immediate action was required and was
consistent with Department policy; (2) grant of the exemption 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 or 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.

(See Next Page)

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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 ten (10) 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

1 For service applicable to Amerijet’s request here, the
U.S.-Venezuela agreement provides for service

(1) from the Eastern zone of the United States via the Netherlands West
Indies to Caracas and beyond to Trinidad and Tobago, Brazil, Uruguay and
Argentina, and beyond to points beyond South America (except Europe);
(2) from the Eastern zone of the United States, except New York, via
Cuba, Haiti, the Dominican Republic, and the Netherlands West Indies to
Caracas; (3) from the Eastern zone of the United States, except New
York, via Cuba, Jamaica, and points on the Atlantic Coast of Colombia to
Maracaibo.  Amerijet currently holds authority on Route 597 to serve the
Netherlands West Indies, Trinidad and Tobago, Haiti, the Dominican
Republic, Jamaica, and Colombia.  The remaining intermediate points
“authorized” in the bilateral agreement but not now held by Amerijet
are Brazil, Uruguay, Argentina, and Cuba.  We, therefore have treated
this part of Amerijet’s application as a request for intermediate
authority to serve those points. 

 

