RENEW & AMEND

June 20, 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 Fine Airlines, Inc. filed 2/27/97 in Docket OST-97-2162 for:

XX Renew for two years exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of property and mail between Miami, Florida, on the one hand, and Bogota, Barranquilla, Cali, and Cartagena, Colombia, on the other, and to integrate this authority with its authority to serve Caracas, Venezuela. Fine requests amendment of this authority to integrate it with its existing exemption and certificate authority.

Applicant rep.: Jeffrey N. Shane 202-663-6000 DOT analyst: Sylvia Moore, 202-366-6519

DISPOSITION

XX Granted

The above action was effective when taken: May 2, 1997, through May 2, 1999

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 agreements between the United States and Colombia.

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)

_________________________

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 award of the route integration authority requested should be construed as conferring upon Fine rights (including fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless Fine notifies us of its intent to serve such a market and unless and until the Department has completed any necessary 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 Fine’s authority by virtue of the route integration exemption granted here, but that are not then being used by Fine, the holding of such authority by route integration will not be considered as providing any preference for Fine in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue.

Remarks: The authority for which Fine requested renewal expired April 28, 1997, but had been kept in force 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 Fine’s timely filed renewal application.