 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 21, 2003

NOTICE OF ACTION TAKEN – DOCKET OST 2001-8605

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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).

Applicant:  AVIONES de ORIENTE, AVIOR, C.A.                             
                              Date Filed:  June 24, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct charter foreign air transportation of
persons, property and mail, between any points in Venezuela and any
points in the United States, directly or via intermediate points in
other countries, with or without stopovers, and beyond; and other
charters pursuant to 14 CFR Part 212 of the Department’s regulations,
pursuant to a wet-lease arrangement with an authorized Part 121 or Part
129 carrier.

If renewal, date and citation of last action:  June 27, 2002, in this
Docket.

Applicant representative:  Malcolm L. Benge, 202-298-8660       DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None

	DISPOSITION

Action:  Approved.                                                      
                                           Action date:  July 21, 2003

Effective dates of authority granted:  July 21, 2003, through July 21,
2004

Basis for approval:  Reciprocity with Venezuela.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions and the special conditions detailed below.

Special Conditions:  In the conduct of these operations, the carrier
shall 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 currently is a
Category 2 country under the FAA’s International Aviation Assessment
Program.)  Further, Avior 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. 
Avior shall file applications for such statements of authorization at
least 30 days before the charters involved, pursuant to the procedures
set forth in 14 CFR 212.5; provided that that applications involving
all-cargo charters may be filed up to ten (10) calendar days before the
flights.

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 effectiveness.

An electronic version of this document is available on the World Wide
Web at:

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

