UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 31, 2011

NOTICE OF ACTION TAKEN – DOCKET DOT-OST-2011-0194

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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 FLORIDA WEST INTERNATIONAL AIRWAYS, INC. (FWIA) filed 10/25/11 for:

XX Exemption for two years 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, in both directions, to a point or points in Peru, Argentina, 

Brazil and Venezuela and beyond to points in the Western Hemisphere. FWIA also requests 

authority to integrate this authority with its existing certificate authority.

Applicant rep: Edward W. Sauer (202) 626-6641 DOT Analyst: Brett D. Kruger (202) 366-8025

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: October 31, 2011, through October 31, 2013.

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 

Peru, the United States and Argentina, the United States and Brazil, and the United States and 

Venezuela. 

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 such operations are 

consistent with the applicable bilateral aviation agreements. 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 first 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 authority 

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.

The authority granted to operate to third countries is limited to countries with which the United States has 

signed open-skies agreements and/or countries for which the carrier holds authority to serve under 

certificates or exemptions issued by the Department, and for which it holds route integration authority by 

virtue of either the present action or other action of the Department.

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

consent of all parties served with the application.

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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 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://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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