 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 23, 2004

NOTICE OF ACTION TAKEN – DOCKET OST-2004-17388

________________________________________________________________________
________________________________________________________

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:  FLIGHTEXEC CORP.                                            
                                      Date Filed:  March 22, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct passenger and cargo charter operations between:  1)
Canada and the United States; 2) third countries and the United States,
via Canada, that make a stopover in Canada for at least two consecutive
nights; and 3) other charters to/from the United States in accordance
with 14 CFR Part 212.

If renewal, date of last action:  New authority.

Applicant representative:  Staci Dromgole, 519-455-3134                
DOT analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  None

	DISPOSITION

Action:  Approved.                                			                   
                Action date:  April 23, 2003

Effective dates of authority granted:  April 23, 2004, through April 23,
2005.

Basis for approval:  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.

Special conditions/Remarks:  We found 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.

In the conduct of the operations the carrier must adhere to all
applicable provisions of the U.S.-Canada Agreement, and may only use
aircraft designed to have a maximum passenger capacity of not more than
60 seats and a maximum payload capacity of not more than 18,000 pounds. 
Moreover, under this authority the carrier may conduct charter
operations between:  1) Canada and the United States; and 2) third
countries and the United States, via Canada, that make a stopover in
Canada for at least two consecutive nights.  Other charters to be
conducted under this authority, however, are subject to prior approval
under 14 CFR Part 212.

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
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