 

                          UNITED STATES OF AMERICA

                   DEPARTMENT OF TRANSPORTATION

                          OFFICE OF THE SECRETARY

                                    WASHINGTON, DC

Issued by the Department of Transportation on December 16, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-1997-2302

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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 American Airlines, Inc. filed  11/4/04 to:

XX  Renew exemption under 49 U.S.C. 41101 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between Miami, Florida and Santa Cruz and La Paz, Bolivia.  American has
requested this authority for an indefinite duration.

 

Applicant rep: Carl B. Nelson, Jr. (202)-842-3193    DOT Analyst: 
Sylvia Moore, (202)-366-6519

D I S P O S I T I O N

XX  Granted for two years (subject to conditions, see below)

XX   Balance Dismissed (i.e., for longer-term exemption authority)

The above action was effective when taken: December 16, 2004 through  
December 16, 2006

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 Bolivia.

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)

Remarks:  Consistent with our standard practice for this type of
application, we granted American’s exemption for a period of two
years, and dismissed its request for longer-term authority.

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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) our

action was consistent with Department policy; (2) grant of the exemption
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
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.

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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 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



U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
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 all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544. 
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; 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.

											  05/2004

