UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on May 7, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-14977

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   AMERIJET INTERNATIONAL, INC.,    filed   4/17/03 for: 

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

Scheduled foreign air transportation of property and mail between Ft.
Lauderdale/Miami, Florida, and Ciudad del Carmen, Mexico, and to combine
this authority with its current Mexico authority and other authority it
has been awarded or may be awarded in the future.   

Applicant rep: John L. Richardson (202) 371-2258  DOT Analyst: Linda L.
Lundell (202) 366-2336

D I S P O S I T I O N

 

XX  Granted in part  (subject to conditions, see below)

XX  Balance dismissed (see below)

The authority granted was effective when taken: May 6, 2003,   through
May 6, 2005. 

Action taken by: 	 Paul L. Gretch

		Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Mexico. 

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)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2, and the notice requirements for seasonal/intermittent
services as set forth in Order 96-11-24, at 5.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign 							
					2

countries involved.  Furthermore, (a) nothing in the award of the route
integration authority granted should be construed as conferring upon
Amerijet rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless
Amerijet notifies the Department of its intent to serve such a market
and unless and until the Department has completed any necessary carrier
selection procedures to determine which carrier(s) should be authorized
to exercise such rights; and (b) should there be a request by any such
carrier to use the limited-entry route rights that are included in
Amerijet’s authority by virtue of the route integration authority
granted here, but that are not then being used by Amerijet, the holding
of such authority by route integration will not be considered as
providing any preference for Amerijet in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

Dismissal:  Consistent with our standard practice, we dismissed that
portion of Amerijet’s request for route integration authority with
respect to future certificate/exemption authority.  See Notice of Action
Taken dated August 19, 1999, in Docket OST-99-6044.

________________________________________________________________________
____________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

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 application 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 notice, 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)  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 the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable 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.

										10/2002

 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport, inform
its Principal Security Inspector of its plans.

