UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on April 16, 2004  

NOTICE OF ACTION TAKEN – DOCKET OST-01-10745

________________________________________________________________________
____________________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   EXECUTIVE AIRLINES, INC., d/b/a AMERICAN EAGLE    filed
7/25/03 to:

XX  Renew for two years exemption under 49 U.S.C. 40109 to provide the
following services: 

Scheduled foreign air transportation of persons, property, and mail
between San Juan, Puerto Rico, and Caracas, Venezuela.

XX  Amend the exemption to name American Eagle Airlines, Inc. as a
co-holder of the authority. 1

Applicant rep:  Carl B. Nelson, Jr. (202) 496-5647         DOT Analyst:
Gerald Caolo   (202) 366-2406

D I S P O S I T I O N

XX  Granted 

The above action was effective when taken:  April 16, 2004, through 
April 16, 2006, or until 90 days after final Department action on a
corresponding certificate application, whichever occurs earlier.

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 Venezuela.  

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:  The authority for which renewal was requested expired October
2, 2003, but had been kept in force pursuant to the provisions of the
Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR
Part 377, pending action on this timely-filed renewal application.  

________________________________________________________________________
__________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found Executive Airline and American
Eagle qualified to provide the services authorized.

_____________________________________

1  Executive Airlines and American Eagle are wholly-owned subsidiaries
of AMR Corporation and are affiliates

of American Airlines.

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 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



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.  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 Principal Security Inspector (PSI) to
advise the PSI 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.

08/2003

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