			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 4, 2007

July 21, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-135275-20412

________________________________________________________________________
________________________________________

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 NORTH AMERICAN AIRLINES, INC. (NORTH AMERICAN) filed
63/14/07 for: 

		

XX  Renewal of exemption under 49 U.S.C. 40109 to provide the following
serviceRenewal of exemption for two years under 49 U.S.C. 40109 to
provide the following service:

Scheduled foreign air transportation of persons, property, and mail from
the United States, via intermediate points to points in Trinidad and
Tobago and beyond. 

Applicant rep:  Malcolm L. Benge   (202) 298-8660   DOT Analyst:  Linda
L. LundellThuy H. Cooper   (202) 366-23365423

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

XX  Granted route integration authority sua sponte (subject to
conditions, see below)

XX  Granted sua sponte waiver of advance filing requirement under Part
377

The above actions were effective when taken:   July 21, 2004  April 4,
2007, through July 21, 2006   April 4, 2009.

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 Trinidad and Tobago.

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 authority granted to serve intermediate and beyond
points is limited to countries with which the United States has signed
open-skies agreements and/or countries for which North American holds
authority to serve under certificates or exemptions issued by the
Department, and for which it holds route integration authority by virtue
of either the present action or other action of the Department.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in award of the route
integration authority granted should be construed as conferring upon
North American rights (including fifth-freedom intermediate and/or
beyond rights) to serve markets where U.S. carrier entry is limited
unless North American notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in North American’s authority by virtue of the route
integration exemption granted here, but that are not then being used by
North American, the holding of such authority by route integration will
not be considered as providing any preference for North American in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

________________________________________________________________________
____________________

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U.S. Carrier
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, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  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 International Principal Security
Inspector (IPSI) to advise the IPSI 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;

(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.

								

11/2006

 North American’s renewal application was not timely filed under the
terms of 14
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