 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 15, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-15898

________________________________________________________________________
________________________________________________________

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:  AEROVIAS NACIONALES de COLOMBIA, S.A. (AVIANCA)             
 Date Filed:  August 8, 2003

Relief requested:  Exemption under 49 U.S.C. 41309 to permit AVIANCA to
conduct scheduled foreign air transportation of persons, property and
mail, between Bogota, Colombia, and Ft. Lauderdale, Florida, and a
Statement of Authorization under 14 CFR Part 212 to permit AVIANCA to
carry the code of Aerolineas Centrales de Colombia (ACES) in the conduct
of these operations. 

If renewal, date and citation of last action:  New authority.

Applicant representative:  Richard D. Mathias, 202-298-8660            
DOT analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                            Action date:  August 15,
2003

Effective dates of authority granted:  Exemption and Statement of
Authorization are effective August 15, 2003, through August 15, 2004.

Basis for approval:  While the requested authority is not encompassed by
the United States-Colombia Air Transport Agreement (Agreement), we found
that favorable action on this application was consistent with the
overall state of aviation relations between the United States and
Colombia.

Conditions:  Except to the extent exempted/waived, in the conduct of
these operations AVIANCA must adhere to the provisions of the
U.S.-Colombia Agreement and to our standard exemption conditions.  The
code-share authority that we granted is subject to the following
conditions:  1) AVIANCA and ACES must promptly notify the Department
(Office of International Aviation) if the subject agreement providing
for these operations is no longer effective or the carriers decide to
cease operating any or all of the approved services.  (We expect this
notice to be received within ten days of such noneffectiveness or of
such decision and filed in Docket 2003-15898).  2) The code-share
operations conducted under this authority must comply with 14 CFR Part
257 and with any amendments to the Department’s regulations concerning
code-share arrangements that may be adopted.  3) Notwithstanding any
provisions in the contract between the subject carriers, our approval
here is expressly conditioned upon the requirements that the subject
foreign air transportation be sold in the name of the carrier holding
out the service in computer reservation systems and elsewhere; that the
carrier selling such transportation (that is, the carrier shown on the
ticket) accept responsibility for the entirety of the code-share journey
for all obligations established in its contract of carriage with the
passenger; and that the passenger liability of the operating carrier be
unaffected.  4) The code-share authority granted here is specifically
conditioned so that neither carrier shall give any force or effect to
any contractual provisions between themselves that are contrary to these
conditions.

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) grant of the 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/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
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