 

                                           UNITED STATES OF AMERICA

                                  DEPARTMENT OF TRANSPORTATION

                                           OFFICE OF THE SECRETARY

                                                    WASHINGTON, DC

   

       Issued by the Department of Transportation on September 12, 2005

NOTICE OF ACTION TAKEN

DOCKET OST-2005-22042

					

________________________________________________________________________
______________________________________________

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 Astar Air Cargo, Inc. (Astar) filed  8/2/05 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of property and mail between (1) El
Paso, Texas, and Saltillo, Mexico; and (2) San Antonio, Texas, and
Saltillo, Mexico.  Astar also requests route integration to combine this
exemption authority with Astar’s existing certificate and exemption
authorities.  Astar proposes to commence seasonal/intermittent services
in these markets as soon as possible.  In this regard, Astar requests
waiver or non-imposition of the dormancy provisions routinely imposed on
U.S.-Mexico authority to the extent necessary to accommodate the
intermittent/seasonal services proposed in the El Paso/San
Antonio-Saltillo markets that will enable the carrier to respond to
changing traffic demands in the U.S.-Mexico all-cargo market.

Applicant rep:  Stephen H. Lachter (202) 862-4321   DOT Analyst:  Linda
Lundell (202) 366-2336

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: September 12, 2005, through
September 12, 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)

- See next page -

							

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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, and the notice requirements for seasonal/intermittent services
as set forth in Order 96-11-24, at 5. 

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 the award of the route
integration authority granted should be construed as conferring upon
Astar rights (including fifth-freedom intermediate and/or beyond rights)
to serve markets where U.S. carrier entry is limited unless Astar
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 such
carrier to use the limited-entry route rights that are included in
Astar’s authority by virtue of the route integration authority granted
here, but that are not then being used by Astar, the holding of such
authority by route integration will not be considered as providing any
preference for Astar in a competitive carrier selection proceeding to
determine which carrier(s) should be entitled to use the authority at
issue.

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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 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 

			APPENDIX

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

   Regarding Astar’s request for waiver or non-imposition of the
dormancy provisions so as to accommodate its proposed
intermittent/seasonal services, we note that the standard conditions we
are imposing address the matter of intermittent/seasonal services.  

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