RENEW

February 25, 1997
This serves as interim notice to the public of the action described below, taken orally by the Department official indicated; the confirming order or other decision document will be issued as soon as possible.

Application of Florida West International Airways, Inc. filed 5/24/96 in Docket OST-96-1403 (47070) for:

XX Renew for two years exemption under 49 U.S.C. to provide the following service:

Scheduled foreign air transportation of property and mail between Miami, Florida; and New York, New York/Newark, New Jersey; on the one hand, and Caracas and Maracaibo, Venezuela, on the other, and to integrate this authority with its existing certificate and exemption authority.

Applicant rep.: Marshall S. Sinick, 202-626-6651 DOT analyst: Sylvia Moore, 202-366-6519

DISPOSITION

XX Granted (Subject to conditions, see below)
XX Balance dismissed

The above action was effective when taken: January 30, 1997, through August 6, 1997

XX Under assigned authority
(14 CFR 385) by: 		Paul L. Gretch, Director
Office of International Aviation
(Petitions for review may be filed from now until
10 days after the confirming order/letter issues.
Filing of a petition shall not stay the effectiveness
of this action.)
XX Authority granted is consistent with the aviation agreement between 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 certificate of public convenience and necessity

XX Standard Exemption Conditions (attached)


Remarks: The U.S.-Venezuela aviation agreement does not provide for coterminalization of Caracas and Maracaibo. These points may only be served as separate terminal points.

The authority being renewed here had been kept in force beyond its prescribed expiration date (July 28, 1996), pursuant to the provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR Part 377, pending action on Florida West's timely filed renewal application.

Conditions: The route integration authority granted is subject to the condition that any service provided under this exemption 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 Florida West rights (including fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless Florida West notifies us 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 Florida West's authority by virtue of the route integration exemption granted here, but that are not then being used by Florida West, the holding of such authority by route integration will not be considered as providing any preference for Florida West in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue.

FWIA's authority will expire one year from the service date of Order 96-8-6 (August 6, 1996), transferring the certificate and exemption authority held by Florida West Gateway to FWIA. The authority granted is coextensive with the duration of the authority granted FWIA under the terms of that order.

The balance of Florida West's application (i.e., for the second year) is dismissed without prejudice to refiling.