	

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 5, 2002

NOTICE OF ACTION TAKEN -- DOCKET OST-96-1993
________________________________________________________________________
_________________________________

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    Gemini Air Cargo, Inc.   filed  6/24/2002  to:

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

Scheduled foreign air transportation of property and mail between New
York, New York; Columbus, Ohio; Chicago, Illinois; San Francisco,
California; and Los Angeles, California, on the one hand, and Taipei,
Taiwan, on the other hand.  Gemini also requests authorization to
integrate the services to be operated under the above exemption with
Gemini’s existing exemption and certificate authority.

Applicant rep:  Moffett B. Roller (202) 331-3300   DOT Analyst:  Michael
D. Bodman (202) 366-9667

D I S P O S I T I O N

XX  Granted, subject to conditions (see below)

 

The above action was effective when taken: August 5, 2002,  through
August 5, 2004.

Action taken by:	Paul L. Gretch, Director	

			Office of International Aviation	

XX  The authority granted is consistent with the aviation agreement
governing air services between the United States and Taiwan.

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

XX  Standard Exemption Conditions (attached)

__________________________

Conditions:  The route integration authority granted is subject to the
condition that such operations are consistent with the applicable
aviation agreements; and provided further, that (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon Gemini additional rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Gemini first notifies the Department of
Gemini’s 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 Gemini’s authority by
virtue of the route integration authority granted here, but not being
used, the holding of such authority by route integration will not be
considered as providing any preference for Gemini in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

_____________________________

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) our action was consistent with Department
policy; (2) grant of the authority 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, 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 order is available on the World Wide Web
at 

http://dms.dot.gov//reports/reports_ aviation.asp

 APPENDIX A

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations, including all U.S. Government requirements
concerning security; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

 PAGE   3 

