 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 4, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16568

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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).

Joint Applicants:  TRANSPORTES AEROMAR, S.A. de C.V. and MEXICANA
AIRLINES  

Date Filed: November 25, 2003.

Relief requested:  Statement of Authorization under 14 CFR Part 212 to
permit Transportes Aeromar (using small equipment, see below) to carry
Mexicana’s designator code on Transportes Aeromar’s scheduled
services operated between the Mexican coterminal points Mexico City/San
Luis Potosi and San Antonio, Texas, for an indefinite duration.

Applicant reprs:  Herbert A. Rosenthal (Aeromar), 202-785-9773 and
Charles F. Donley (Mexicana), 202-626-6600      

DOT analyst:  Allen F. Brown, 202-366-2405

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

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.                                                      
                                              Action date:  December 4,
2003

Effective dates of authority granted:  The authority is effective
December 4, 2003, for an indefinite duration.

Basis for approval:  United States-Mexico Air Transport Services
Agreement.

Remarks/Conditions:  In the conduct of these operations, Aeromar may
only use aircraft capable of carrying no more than 60 passengers and
having a maximum payload capacity of no more than 18,000 pounds (small
equipment).  The codeshare operations are subject to the following
conditions – a) The Statement of Authorization will remain in effect
only as long as (i) Aeromar and Mexicana continue to hold the necessary
underlying authority to operate the code-share services at issue, and
(ii) the code-share agreement providing for the code-share operations
remains in effect.  b) The subject foreign air carriers (Aeromar and
Mexicana) must promptly notify the Department (Office of International
Aviation) if the code-share agreement under which these code-share
services are operated is no longer in effect, or if the carriers decide
to cease operating all or any portion of the approved code-share
services.  (We expect this notification to be received within ten days
of such non-effectiveness or of such decision.  This notice should be
filed in Docket OST-2003-16568.)  c) The code-sharing 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.  Notwithstanding any provisions in the
contract between the subject air 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.
 d) The authority granted here is specifically conditioned so that the
subject foreign air carriers shall not 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	

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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

