UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on September 4 , 201 4

NOTICE OF ACTION TAKEN

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- OST

- 201 4

- 0 110

_________________________________________________________________________________________________________ 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 , I nc . ( 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 i nternational air transportation agreements.

Applicant rep: Timothy Sieber ( 971 ) 340

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DOT Analyst: Brett Kruger (202) 366

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D I S P O S I T I O N

XX Granted in part ( San Diego

- San Felipe exemption authority), s ubject to conditions, see below.

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

The above action was effective when taken: September 4 , 201 4

, 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 avi ation 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

tra nsportation 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 ai r 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 i n 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

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- 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 ma jor 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.regulati ons.govATTACHMENT

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 l imited 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 Sec urity 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, condi tions, 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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