 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 24, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-14801

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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:  GESTAIR, S.A.                                               
                                                  Date Filed:  March 24,
2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct, using small equipment (see below), charter
operations, carrying persons, property and mail, between Spain and the
United States, and other charters, in accordance with 14 CFR Part 212.

If renewal, date and citation of last action:  April 15, 2003, in this
Docket.

Applicant representative(s):  Lee A. Bauer, 202-331-3300        DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			   			                    Action date:  May 24,
2004

Effective dates of authority granted:  May 24, 2004, through May 24,
2005.

Basis for approval (bilateral agreement/reciprocity):  Reciprocity with
Spain.

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 these operations, GESTAIR
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 (small equipment).  The above grant included authority to
conduct Third and Fourth Freedom charters, without prior approval. 
Other charter operations to and/or 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) 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

