 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 13, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 1997-3239

________________________________________________________________________
________________________________________________________

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:  AEROTAXIS de AGUASCALIENTES, S.A. de C.V.                   
                      Date Filed:  July 7, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant 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).

Applicant representative:  Daniel Elizondo, 210-922-2855              
DOT analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                            Action date: 
February 13, 2004

Effective dates of authority granted:  February 13, 2004, through
February 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:  We find that the carrier is operationally
and financially qualified to conduct the operations it proposes and that
it is substantially owned and effectively controlled by citizens of
Mexico.  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 charters with large aircraft to
prior approval of their Third and Fourth Freedom charters (see Order
92-2-7 at 5), we determined that a Third/Fourth Freedom prior approval
requirement was not necessary on public interest grounds in the case of
this carrier, since it 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
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