UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on October 31 , 20 1 1

NO TICE OF ACTION TAKEN

– DOCKET DOT

- OST

- 20 11

- 0194

_____________________________________________________________________________________ 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).

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

XX E xemption for two years under 49 U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of property and mail between a ny 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 , 20 1 1

, through October 31 , 20 1 3

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement s 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 St andard exemption conditions (attached)

_____________________________________________________________________________________ Conditions: The route integration authority granted is subject to the condition that such operations are consistent with the appli cable 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 e xercise 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 holdi ng of such authority by route integrationwill 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 op erate 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.

_____________________________________________________________________________________ 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 authori zed.

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 aut hority 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 a t 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 o f 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 requ irements 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. Gov ernment 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 fl ights) 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 se rved;

(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 wit h 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.

1/2008