 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 7, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-2006-23666       

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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   TEM Enterprises d/b/a Xtra Airways (Xtra Airways) filed
 1/17/06, 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) any point or points in the United States, and any point or
points in the Republic of Costa Rica; (2) any point or points in the
United States, and any point or points in the Dominican Republic; (3)
Memphis, Tennessee, and Cancun, Mexico; (4) Atlanta, Georgia, and
Cancun, Mexico; and (5) Orlando, Florida, and Cancun, Mexico.  The
carrier states that, although it intends to provide the subject services
on a point-to-point roundtrip basis, it also requests the flexibility,
consistent with applicable bilateral agreements, to serve these points
on a coterminal basis, as demand warrants (and without local traffic
rights from one foreign point to another foreign point). 

 

Applicant rep: Mark Atwood (202) 463-2500   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: March 7, 2006, through March
7, 2008.

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and the Republic of Costa Rica, the United
States and the Dominican Republic, and 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.  Consistent with our standard policy, the dormancy
notice period for the Atlanta-Cancun market will begin August 16, 2006,
the carrier’s proposed start-up date for those services.  The dormancy
notice period for all of the other markets will begin immediately.   

  

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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 

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

   By letter dated February 24, 2006, the carrier provided information
to further clarify its request for coterminal flexibility. 

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