	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

                           	Issued by the Department of Transportation
on May 30, 2002

		           NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12198

________________________________________________________________________
_________________________________

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      AIR WISCONSIN AIRLINES CORPORATION   filed  4/26/02,
for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between any point or points in the United States and any point or points
in Canada with large aircraft.  

Applicant rep: Geoffrey T. Crowley (920) 749-4188  DOT Analyst:  Linda
L. Lundell (202) 366-2336

D I S P O S I T I O N

XX  Granted (see below)

 

The above action was effective when taken:  May 30, 2002,  through  May
30, 2004,  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 Canada.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:    

XX  Holder’s certificate of public convenience and necessity

	XX  Standard Exemption Conditions (attached)

	XX  Statement of Authorization approving Air Wisconsin/Air Canada
code-share 

 	          Operations dated April 16, 2002 (Docket OST-2002-12050).

________________________________________________________________________
___________

Remarks:  Air Wisconsin has previously been found to be a citizen of the
United States and fit, willing, and able to provide scheduled interstate
air transportation of persons, property, and mail as a certificated air
carrier under section 41102 of Title 49 U.S.C. (see Orders 93-12-41 and
98-7-6).  The foreign air transportation services authorized here are
not markedly different in terms of aircraft size or stage length from
the carrier’s current scheduled interstate operations under its
existing certificate authority.  We, therefore, found that Air Wisconsin
is qualified to provide the proposed air transportation services for the
two-year period covered by this exemption.

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, 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



APPENDIX A

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached order, the
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)  Comply with the requirements of 14 CFR 203, concerning waiver of
Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration (FAA) Regulations, and with all U.S. Government
requirements concerning security; 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.

   Initially, Air Wisconsin will operate this service between Denver and
Edmonton, Alberta, Canada.

   We deem the authority granted in the Department’s April 16, 2002,
statement of authorization also to encompass the operations described in
the instant application. 

