 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 5, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-17314

________________________________________________________________________
________________________________________________________

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:  CARGOJET AIRWAYS LTD. d/b/a STARJET AIRWAYS

Date Filed:  March 10, 2004, as supplemented April 1, 2004.

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct, carrying persons, property and/or mail:  1)
scheduled services between any point or points in Canada and any point
or points in the United States; and 2) charter operations between Canada
and the United States, and other charters in accordance with 14 CFR Part
212.

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

Applicant representative:  John R. Mietus, Jr., 202-861-6466         DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved                                                       
                                             Action date:  April 3, 2004

Effective dates of authority granted:  April 3, 2004, through April 3,
2005

Basis for approval (bilateral agreement/reciprocity):  United
States-Canada Air Transport Agreement (Agreement)

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.  Also, the applicant may carry Third and Fourth Freedom
charter traffic without prior Department approval.  Other charter
operations to/from the United States conducted under this authority,
however, are subject to prior approval under 14 CFR Part 212.

Remarks:  On April 3, 2004, we granted the applicant’s request to
conduct its proposed operations, and confirm that action here.  In
taking that action, we found, based on this application and on the
evidence that the applicant submitted in its application for a foreign
air carrier permit filed on March 10, 2004, in Docket OST-2004-17315,
and supplemented April 1, 2004, that the applicant is operationally and
financially qualified to conduct its proposed operations and is
substantially owned and effectively controlled by citizens of its
homeland.  Also, the FAA advised us that it knows of no reason to
withhold this authority.

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) 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

