

           

  

                     UNITED STATES OF AMERICA 

              DEPARTMENT OF TRANSPORTATION 

                       OFFICE OF THE SECRETARY 

                                 WASHINGTON, D.C. 

 

 

Issued by the Department of Transportation on April 30, 2004 

 

 

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-17469 

________________________________________________________________________
________________________________________________________ 

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  4/1/04 for: 

 

 XX  Exemption for two years under 49 U.S.C.  

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Dallas/Ft. Worth, Texas, and the terminal
point Torreon, Mexico.  The carrier proposes to use the requested
authority to provide daily nonstop service in the market using ERJ-140
or ERJ-145 aircraft, beginning August 1, 2004.   

 

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

 

 

D I S P O S I T I O N 

 

 XX  Granted, subject to conditions (see below) 

 

The exemption authority granted was effective when taken:  April 30,
2004 , through  April 30, 2006. 

 

Action taken by:   Paul L. Gretch, Director  

          Office of International Aviation  

 

 XX  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) 

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Special Conditions:  The U.S.-Mexico exemption authority granted 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 August 1, 2004, the applicant’s proposed
startup date for these services.   

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_____________________________ 

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  

An electronic version of this document is available on the World Wide
Web at: 

http://dms.dot.gov/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 

