 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 13, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 1996-1566

________________________________________________________________________
________________________________________________________

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:  AERO EJECUTIVA NIETO, S.A.                                  
                              Date Filed:  April 13, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charters in accordance
with 14 CFR Part 212, using small equipment (see below).

If renewal, date and citation of last action:  April 18, 2003, in this
Docket.

Applicant representative:  Eugene E. Smith, 210-590-1630              
DOT analyst:  Allen Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved                                                       
                                            Action date:  May 13, 2004

Effective dates of authority granted:  May 13, 2004, through May 13,
2005

Basis for approval:  United States-Mexico Air Transport Services
Agreement (Agreement).

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

Special conditions/Remarks:  In the conduct of these operations, the
carrier must adhere to all applicable provisions of the U.S.-Mexico
Agreement.  In the conduct of these operations, the carrier 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 operate Third and
Fourth Freedom charters.  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 of
this carrier, 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.)  Further, we are continuing to allow
Mexican carriers conducting passenger charters using small equipment to
make stopovers in the United States in the conduct of such operations.

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
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