 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 10, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-17128

________________________________________________________________________
_____________________________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    AMERICAN EAGLE AIRLINES, INC.,   filed  2/17/04 for:

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

Scheduled foreign air transportation of persons, property, and mail
between Dallas/Ft. Worth, Texas, and Guadalajara, Mexico.

Applicant reps: Carl B. Nelson, Jr. (202) 496-5647 DOT Analyst: Linda
Lundell (202) 366-2336

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  March 10, 2004,   through
_March 10, 2006 .

Action taken by:	Paul L. Gretch, Director

			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 certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

Conditions:   The U.S.-Mexico exemption authority granted to is subject
to the dormancy notice requirements set forth in condition 7 of Appendix
A of Order 88-10-2.  Consistent with our policy, the dormancy notice
period will begin June 10, 2004, American Eagle’s proposed start-up
date for these services.  

________________________________________________________________________
_________

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 

U.S. Carrier Standard Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
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 all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; 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.

											8/2003

   Under the U.S.-Mexico aviation agreement, up to two U.S. carriers may
be designated to serve a given city-pair market.  Currently, both Comair
and American Airlines, Inc. (American), hold a designation to serve the
Dallas/Ft. Worth-Guadalajara market.  American is using its authority,
but Comair’s authority has become dormant.  Under the circumstances
presented, including our desire to make maximum use of our bilateral
rights and in light of the fact that no party opposed American Eagle’s
application here, we will withdraw the designation of Comair and
designate American Eagle in its place.  

