 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 23, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15206

________________________________________________________________________
______________

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    Custom Air Transport, Inc.      filed   5/16/03  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 (1) a
point or points in the United States, and a point or points in Costa
Rica, and (2) a point or points in the United States, and Santo Domingo
and Puerto Plata, Dominican Republic.

Applicant rep:  Mark W. Atwood    202-463-2513    DOT Analyst:   Sylvia
Moore   202-366-6519

D I S P O S I T I O N

XX  Granted 

The above action was effective when taken:    May 23, 2003, through  
May 23, 2005

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

	

XX  The authority granted is consistent with the aviation agreements
between the United States and Costa Rica and the United States and
Dominican Republic.             

  

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

____________________________________

Remarks:  Custom Air Transport has previously been found to be a citizen
of the United States and fit, willing and able to provide scheduled
interstate air transportation of property and mail as a certificated air
carrier under section 41102 of Title 49 U.S.C. (See Order 95-12-15.) 
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 Custom Air Transport is qualified
to provide the proposed air transportation services for the period
covered by the exemption.  This finding does not, however, change the
aircraft limits currently in effect for Custom Air Transport and, as a
result, the company cannot utilize more than 10 aircraft in providing
all of its air transportation operations.

We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served.

(See Reverse Side)

2

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 exemption
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 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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 



APPENDIX 

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.

