Application of Florida West International Airways, Inc. filed 8/13/96 in Docket OST-96-1641 for:
XX Waiver 14 CFR 377.10
XX Renew exemption under 49 U.S.C. to provide the following service:
Scheduled foreign air transportation of property and mail between Miami, Florida, and a point or points in Uruguay, and to integrate this authority with its existing exemption and certificate authority.
Applicant rep.: Marshall S. Sinick, 202-626-6651 DOT analyst: Sylvia Moore, 202-366-6519
XX Granted (Subject to conditions, see below)
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 Uruguay.
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: Florida West requested a waiver from the 60-day advance filing requirements of 14 CFR 377 to ensure that its authority would continue in effect beyond the expiration date (October 6, 1996), pending action on its renewal application. On October 3, 1996, we orally granted the request. We confirm that action here. Florida West's authority, therefore, has remained in effect pending action on its 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.