UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 3, 2012

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0162 _____________________________________________________________________________________________________________________

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 FLORIDA WEST INTERNATIONAL AIRWAYS, INC. (FWIA) filed 9/20/12 for:

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

Scheduled foreign air transportation of property and mail between any point or points in the United 

States, via intermediate points, to La Paz, Oruro, Cochabamba, Sucre, Santa Cruz, Robore, and 

Puerto Suarez, Bolivia, and beyond Bolivia. FWIA also requests authority to integrate this authority 

with its existing exemption and certificate authority.

Applicant rep: Marshall S. Sinick (202) 626-6651

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action granting exemption authority was effective when taken: October 3, 2012 through 

October 3, 2014.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the U.S.-Bolivia Air Transport Agreement, as 

amended. 

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)

_____________________________________________________________________________________

Remarks: We acted on this application without awaiting expiration of the 15-day answer period with the 

consent of all parties served with a copy of the application.

_____________________________________________________________________________________ 

Conditions: Any service provided under the route integration authority granted 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 requested should be construed as conferring upon 

FWIA rights (including fifth-freedom intermediate and /or beyond rights) to serve markets where U.S. 

carrier entry is limited unless FWIA 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 FWIA’s authority by virtue of the route 
integration exemption granted here, but that are not then being used by FWIA, the holding of such 

authority by route integration will not be considered as providing any preference for FWIA 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 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:

http://www.regulations.gov
ATTACHMENT 

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, the Transportation 

Security 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 Principal Security Inspector (PSI) to 

advise the PSI 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;

(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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