UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 4, 2014

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2014-0110 _________________________________________________________________________________________________________

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 SeaPort Airlines, Inc. (SeaPort), filed 6/23/14, for:

XX Exemption under 49 U.S.C. 40109 to provide the following service:1

Scheduled foreign air transportation of persons, property, and mail between San Diego, California, 

and San Felipe, Mexico.

2

 SeaPort also requests authority to combine this exemption with all of its 

existing economic authority, consistent with applicable international air transportation agreements.

Applicant rep: Timothy Sieber (971) 340-1716 

DOT Analyst: Brett Kruger (202) 366-8025 

D I S P O S I T I O N

XX Granted in part (San Diego-San Felipe exemption authority), subject to conditions, see below.

XX Balance dismissed (request for route integration authority), see remarks below

The above action was effective when taken: September 4, 2014, through September 4, 2016, or until 90 

days after final Department action on SeaPort’s application for U.S.-Mexico certificate authority in 

Docket DOT-OST-2014-0109, whichever occurs earlier.

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 The holder’s certificate of public convenience and necessity

XX Standard exemption conditions (attached)

Remarks: SeaPort has previously been found to be a citizen of the United States and fit, willing, and 

able to provide scheduled interstate air transportation of persons, property, and mail. The foreign air 

transportation services authorized here are not markedly different in terms of aircraft size or stage length 

from the carrier’s currently authorized operations under its existing authority. We, therefore, found that 

SeaPort is qualified to provide the proposed air transportation for the period covered by the exemption.

 1 SeaPort is a certificated carrier authorized to provide scheduled interstate air transportation. See Order 2010-12-

12.

2 SeaPort proposes to commence scheduled service in the San Diego-San Felipe market on or about October 14, 

2014.
In the circumstances presented, including its existing authority to serve only United States markets, we 

are dismissing SeaPort’s request for integration authority.

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 will begin on October 14, 2014, the date on which SeaPort proposes to 

commence the subject service.

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 or dismissed, 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:

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; 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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