	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

         

Issued by the Department of Transportation on May 11, 2004

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  3/17/2004, for:

XX  Renewal of 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
Senese(202) 366-2367

D I S P O S I T I O N

XX  Granted (see below)

 

The above action was effective when taken:  May 11, 2004,  through May
11, 2006. 

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).

(See Reverse Side)

2

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.

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_____________

Under authority assigned by the Department in its regulations, 14 CFR
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 fore view of action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may filed 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, including, but not limited to, 49 CFR Part 1544. 
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
International Principal Security Inspector (IPSI) to advise the IPSI 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.

										05/2004

 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.

