 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on October 10, 2003

NOTICE OF ACTION TAKEN – DOCKET OST-2002-13383

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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:  PROPAIR INC.                                                
                                                 Date Filed:  July 25,
2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct passenger and cargo charter operations between:  1)
Canada and the United States; 2) third countries and the United States,
via Canada, that make a stopover in Canada for at least two consecutive
nights; and 3) other charters to/from the United States in accordance
with 14 CFR Part 212.

If renewal, date of last action:  October 23, 2002, in this Docket.

Applicant representative:  Ron Tuggey, 819-762-0811        DOT analyst: 
Allen F. Brown, 202-366-2405

Responsive pleadings:  None

	DISPOSITION

Action:  Approved.                                			                   
                Action date:  October 10, 2003

Effective dates of authority granted:  October 10, 2003, through October
23, 2004.

Basis for approval:  United States-Canada Air Transport Agreement
(Agreement).

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

Special conditions/Remarks:  In the conduct of the operations the
carrier must adhere to all applicable provisions of the U.S.-Canada
Agreement, and may only use aircraft designed to have a maximum
passenger capacity of not more than 60 seats and a maximum payload
capacity of not more than 18,000 pounds.  Moreover, under this authority
the carrier may conduct charter operations between:  1) Canada and the
United States; and 2) third countries and the United States, via Canada,
that make a stopover in Canada for at least two consecutive nights. 
Other charters to be conducted 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) 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

