 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 6, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20503

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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    Mesa Airlines, Inc.          filed   3/2/2005  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 any point or points in the United States and any point or points
in Canada. 

Applicant rep:   Brian S. Gillman  602-685-4051    DOT Analyst:  Gerald
Caolo,   202-366-2406

D I S P O S I T I O N

XX  Granted 

The above action was effective when taken: April 6, 2005, through  April
6, 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 Canada. 

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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Conditions:  (1) The code-share operations conducted under this
authority must comply with 14 CFR 257 and with any amendments to the
Department’s regulations concerning code-share arrangements that may
be adopted.  Notwithstanding any provisions in the contract between the
carriers, our approval here is expressly conditioned upon the
requirements that the subject foreign air transportation be sold in the
name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected, and (2) the authority
granted here is specifically conditioned so that neither Mesa Airlines
nor its code-share partners, America West and US Airways, shall give any
force and effect to any contractual provisions between themselves that
are contrary to these conditions.

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Remarks:  Mesa Airlines has previously been found to be a citizen of the
United States and fit, willing, and able to provide scheduled interstate
air transportation of persons, property, and mail as a certificated air
carrier.  The foreign air transportation services authorized here are
not markedly different in terms of aircraft size or stage length from
the carrier's current operations under its existing authority.  We,
therefore, found that Mesa Airlines is qualified to provide the proposed
air transportation for the period covered by the exemption. 

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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
exemption authority 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 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

 The Department previously granted Mesa authority to provide U.S.-Canada
service in connection with proposed operations by Mesa under a
code-share agreement between Mesa and America West.  See Notice of
Action Taken dated March 27, 2003, Docket OST-2003-14606.  Mesa’s
present application indicates operations between Las Vegas, Los Angeles,
and Phoenix, on the one hand, and Vancouver and Edmonton, on the other
hand, under a code-share arrangement with America West.  It also
indicates Mesa operations between Charlotte and Philadelphia, on the one
hand, and Toronto, Ottawa, and Montreal, on the other hand, under a code
share arrangement with US Airways.  

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