			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 8, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20459

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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 BRENDAN AIRWAYS, LLC d/b/a USA 3000 AIRLINES (USA 3000)
filed 2/22/05 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 (1) the terminal point Chicago, Illinois, and the terminal point
San Jose del Cabo, Mexico; and (2) the terminal point Detroit, Michigan,
and the terminal point San Jose del Cabo, Mexico.  USA 3000 proposes to
operate these routes on a year-round basis, beginning on or about May 6,
2005. 

United Air Lines, Inc. (United) has filed an answer opposing USA
3000’s application, to the extent that USA 3000 seeks authority to
serve the Chicago-San Jose del Cabo market.   

Applicant rep:   Pierre Murphy   (202) 776-3980     DOT Analyst:  Thuy
H. Cooper   (202) 366-5423

D I S P O S I T I O N

XX  Granted Detroit-San Jose del Cabo exemption authority (subject to
conditions, see below)

XX  Deferred on the Chicago-San Jose del Cabo request (see remarks
below)

The above action was effective when taken: April 8, 2005, through April
8, 2007.

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 certificate of public convenience and necessity

		XX  Standard Exemption Conditions (attached)

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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 on May 6, 2005, USA 3000’s proposed start-up date
for the above-mentioned service.

Remarks:  We will address USA 3000’s request for authority to serve
the Chicago-San Jose del Cabo market separately.  Under the U.S.-Mexico
aviation agreement, two U.S. airlines may be designated to provide
direct carrier service in the Chicago-San Jose del Cabo market. 
Currently, American Airlines, Inc. is designated to provide such
services.  Thus, only one designation is available on this route.  Two
applications have been filed for the available Chicago-San Jose del Cabo
authority (the captioned application of USA 3000, and the application of
United, in Docket OST-2005-20630).  Thus, we are deferring action on USA
3000’s request for authority to serve the Chicago-San Jose del Cabo
market.    

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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 or deferred, 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 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; 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.

05/2004

 United has also filed a competing application for the Chicago-San Jose
del Cabo market (Docket OST-2005-20630).

