 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 15, 2005

   SUPPLEMENTAL NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21422 

________________________________________________________________________
_____________________________________________

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 MN AIRLINES, LLC dba SUN COUNTRY AIRLINES (SUN COUNTRY)
filed 6/3/05 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 Dallas/Ft. Worth, Texas, and the terminal
point Puerto Vallarta, Mexico; (2) the terminal point Dallas/Ft. Worth,
Texas, and the terminal point San Jose del Cabo, Mexico; and (3) the
terminal point Dallas/Ft. Worth, Texas, and the terminal point Cozumel,
Mexico.  Sun Country proposes to operate this service on a year-round
basis, beginning May 1, 2006.  

Background

By Notice of Action Taken issued August 1, 2005, in the instant docket,
the Department granted Sun Country exemption authority to serve the
Dallas/Ft .Worth-San Jose del Cabo market, but dismissed its request to
serve the Dallas/Ft .Worth-Puerto Vallarta and Dallas/Ft. Worth-Cozumel
markets.  

On August 9, 2005, Sun Country filed a petition objecting to the
dismissal.  Sun Country stated that although Champion had held the
authority for more than a year, Sun Country was informed that Champion
had not yet flown a scheduled flight.  Sun Country requested that the
Department declare the authority previously granted to Champion to be
dormant, and issue the appropriate authorization to Sun Country.  

On September 1, 2005, Champion advised the Department that it has no
current plans to serve the Dallas/Ft .Worth-Puerto Vallarta and
Dallas/Ft. Worth-Cozumel markets.

Applicant rep: John S. Fredericksen  (651) 681-3948   DOT Analyst: Thuy
H. Cooper  (202) 366-5423

D I S P O S I T I O N

We have decided to grant Sun Country’s petition and to award Sun
Country authority to serve the Dallas/Ft. Worth-Cozumel and Dallas/Ft.
Worth-Puerto Vallarta markets.  The designation opportunities are now
available for these markets, and Sun Country’s request for the
authority stands unopposed.  

XX  Granted (subject to conditions, see below)

The above action was effective when taken: September 15, 2005 through
August 1, 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 certificates of public convenience and necessity 

   	XX Standard exemption conditions (attached)

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.  Regarding the issue of the start-up deadline, we have
determined that, in the circumstances presented, including Sun
Country’s proposed   May 1, 2006, start-up date and the fact that no
party opposed the request, we will require Sun Country to institute the
proposed service no later than May 1, 2006. 

________________________________________________________________________
___________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption 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 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:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
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 basis for the dismissal was that, under the U.S.-Mexico aviation
agreement, a total of two U.S.-carriers could be designated to provide
direct-carrier (own-aircraft) services in the city-pair markets at
issue.  At the time we acted upon the application, American Airlines,
Inc. and Grand Holdings, Inc. dba Champion Air (Champion), already held
authority to serve the Dallas/Ft. Worth-Cozumel and Dallas/Ft.
Worth-Puerto Vallarta markets; hence, authority to serve those markets
was not available.  

 Answers to Sun Country’s petition would have been due on August 18. 
On August 23, we granted Champion’s motion to extend the answer date
to September 1.

 By Notice of Action Taken dated June 1, 2004, in Docket OST-2004-17408,
the Department granted Champion exemption authority to serve the
Dallas/Ft. Worth-Cozumel, Dallas/Ft .Worth-Puerto Vallarta, and St.
Louis-Puerto Vallarta markets.  We will withdraw Champion’s
designation to serve all three markets as it has advised the Department
that it has no current plans to use the scheduled authority.

 The exemption authority granted is for a period co-extensive with the
exemption granted previously to Sun Country in the instant docket
(through August 1, 2007).

