 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 10, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-14679

________________________________________________________________________
________________________________________________________

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:  HMY AIRWAYS INC.                                            
                                       Date Filed:  April 16, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct:  1) scheduled, combination services
between any point or points in Canada and any point or points in the
United States; and 2) charter operations, carrying persons, property and
mail, between Canada and the United States, and other charters in
accordance with 14 CFR Part 212.  (The applicant requests amendment of
its authority to conduct scheduled services in the subject Docket by
addition of its charter authority issued by the Department in Docket OST
2002-13576.)

Applicant representative:  Gary B. Garofalo, 202-776-3970        DOT
analyst:  Allen F. Brown, 202-366-2405

If renewal, date of last action:  The authority to conduct scheduled
services was last granted April 23, 2003, in this Docket, and the
authority to conduct charters was last granted November 28, 2003, in
Docket OST 2002-13576.

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			   			                    Action date:  May 10,
2004

Effective dates of authority granted:  May 10, 2004, through May 10,
2005.

Basis for approval (bilateral agreement/reciprocity):  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:  The applicant may carry Third and Fourth
Freedom charter traffic without prior Department approval.  Other
charter operations to/from the United States 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	

________________________________________________________________________
______________________________________________________

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

