 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 17, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 1998-3770

________________________________________________________________________
________________________________________________________

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:  AEROPOSTAL ALAS de VENEZUELA, C.A.                          
                  Date Filed:  August 25, 2003

Relief requested:  Exemption from 49 U.S.C. 41301 to permit the
applicant to continue to conduct, by wet lease of equipment from other
carriers (see below), scheduled foreign air transportation of persons,
property, and mail between:  1) The Venezuelan coterminal points Caracas
and Porlamar, and San Juan, Puerto Rico; 2) Caracas, Venezuela, and the
U.S. coterminal points Orlando, Florida, and Atlanta, Georgia, via the
intermediate point Aruba; and 3) a point or points in Venezuela and
Miami, Florida; and 4) a point or points in Venezuela (except Maracaibo)
and New York, NY/Newark, NJ; and 5) charters to/from the United States
pursuant to 14 CFR Part 212.

If renewal, date and citation of last action:  September 18, 2002, in
this Docket.

Applicant representative:  Pierre Murphy, 202-776-3980         DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                             Action date:  September 17,
2003

Effective dates of authority granted:  September 17, 2003, through
September 18, 2004.

Basis for approval:  The authority to conduct the scheduled services is
encompassed by the United States-Venezuela Air Transport Agreement.

Conditions:  Except to the extent exempted or waived, this authority is
subject to the terms, conditions, and limitations of our standard
Foreign Carrier Exemption Conditions.  In the conduct of the services
authorized, Aeropostal may only use aircraft wet leased from a duly
authorized and properly supervised U.S. or foreign air carrier that
receives requisite authority under the provisions of 14 CFR Part 212. 
(Venezuela is a Category 2 country under the FAA’s International
Aviation Assessment Program.)  Further, all of the authorized charter
operations are subject to prior approval under 14 CFR Part 212. 
Aeropostal shall not perform any Third or Fourth Freedom charters unless
specific authority in the form of a Statement of Authorization for such
charter(s) has been granted by the Department.  Aeropostal shall filed
applications for such Statements of Authorization at least 30 days
before the charters involved, pursuant to the procedures set forth in 14
CFR Part 212.9; provided, that applications involving all-cargo charters
may be filed up to ten calendar days before the flights.

Action taken by:   Paul L. Gretch, Director	

		      Office of International Aviation	

________________________________________________________________________
_______________________________________________________

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/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 the World Wide
Web at:

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

