 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 16, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-1997-2648

________________________________________________________________________
_________________________________

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      Florida West International Airway, Inc.     filed  
4/24/03  to:

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

Scheduled foreign air transportation of property and mail (1) from
points behind the United States, via the United States and intermediate
points, to a point or points in Argentina and beyond; and 

(2) between Argentina and any point or points, and to integrate this
authority with its existing  exemption and certificate authority.  

XX  Waiver from 14 CFR 377.10(c)

Applicant rep:  Elizabeth C. Collins (202) 626-6207   DOT Analyst: 
Sylvia Moore   (202) 366-6519

D I S P O S I T I O N

XX  Exemption granted in part (see remarks) (subject to conditions, see
below)

XX  Balance dismissed (see remarks) 

XX  Waiver granted

The above action with respect to Florida West’s exemption authority
was effective when taken:  May 16,       2003, through   May 16, 2005

The above action granting the waiver was effective:   May 16, 2003  

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 Argentina.

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 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 Florida West rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Florida West notifies the Department of its
intent to serve such a market and unless and until the Department has
completed any

(See Reverse Side)2

necessary carrier selection procedures to determine which carriers(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 Florida West’s authority by virtue of the route
integration exemption granted here, but that are not then being used by
Florida West, the holding of such authority by route integration will
not be considered as providing any preference for Florida West in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

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 the carrier holds authority to
serve under certificate or 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.

Remarks:  We dismissed Florida West’s application to the extent that
it requests authority from points behind the United States.  The
authority to conduct operations from points behind the United States is
inherent in the authority that we award U. S. carriers to perform
foreign air transportation.

Florida West requested a waiver from the 60-day advance filing
requirements of 14 CFR 377 to ensure that its Argentine authority would
continue in effect beyond the expiration date (June 12, 2003), pending
action on its renewal application.  On May 13, 2003, we orally granted
the request.  We confirm that action here.

_______________________________________________________________________

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 document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

APPENDIX 

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 and with all applicable 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.

										10/2002

 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport, inform
its Principal Security Inspector of its plans.

