 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 29, 2006

NOTICE OF ACTION TAKEN –

DOCKET OST-2006-24107

________________________________________________________________________
_____________________________________________

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  North American Airlines, Inc.  filed   03/01/06  for:

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

Scheduled foreign air transportation of persons, property and mail
between Baltimore/Washington DC (BWI), on the one hand, and Banjul, The
Gambia, on the other hand, with or without stopovers, either directly or
via intermediate points in third countries, and beyond to Accra, Ghana. 
North American requests that the exemption allow it to operate beyond
Banjul to Accra as North American already operates to Accra; include
full local traffic rights between Banjul and Accra; and be integrated
with all of North American’s existing certificate and exemption
authority, consistent with applicable bilateral agreements.  

The State of Maryland filed an answer in support of the application.    


Applicant rep: Malcolm Benge (202) 298-8660  DOT Analyst:  Michael D.
Bodman  (202) 366-9667

D I S P O S I T I O N

XX  Granted (See conditions below).

The above action was effective when taken:  March 29, 2006,  through 
March 29, 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 Gambia and the United States and
Ghana.  

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

__________________________________

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

APPENDIX

U.S. Carrier

Standard 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.

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