 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 24, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2002-11320

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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:  AERO JBR S.A. de C.V.                                       
                             Date Filed:  January 14, 2002

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct all-cargo charter operations between Mexico and the
United States, and other all-cargo charter operations in accordance with
14 CFR Part 212, using small equipment.

If renewal, date and citation of last action:  New authority.

Applicant representative:  Roque C. Rodriguez, Jr.,  c/o 319 Hidalgo
Street, Laredo, TX  78040

DOT analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                           Action date:  June 24, 2003

Effective dates of authority granted:  June 24, 2003, through June 24,
2004.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement of August 15, 1960, as
amended and extended (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 found that AERO JBR is operationally and
financially qualified to conduct its proposed operations and is
substantially owned and effectively controlled by citizens of its
homeland.  Also, the FAA advised us that it knows of no reason to
withhold this authority.

In the conduct of these operations, the carrier may only use aircraft
having a maximum payload capacity of no more than 18,000 pounds (small
equipment).  The above grant includes authority to conduct Third and
Fourth Freedom charter operations.  While we have subjected, consistent
with the provisions of the Agreement, Mexican carriers conducting
charter operations with large aircraft to prior approval or submission
of notice for their Third and Fourth Freedom charters, we determined
that any such requirement was not necessary on public interest grounds
in this case, since the carrier 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.)

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) 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

