DOCKET OST-97-2487

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.

Applicant: ALM 1997 Airline, N.V. Date Filed: May 7, 1997

Relief requested: Exemption from 49 U.S.C. 41301 to exercise the currently-authorized permit and exemption authority previously issued to ALM Antillean Airlines, its predecessor company: (1) between the Netherlands Antilles, via the intermediate points Santo Domingo/Port-au-Prince/

Kingston/Montego Bay/Havana, and the coterminal points Miami/New York/San Juan; and charters pursuant to 14 CFR 212 of the Department’s regulations [Order 81-11-99]; (2) Curacao-Aruba-Fort Lauderdale [Order 96-12-28, Docket OST-96-1814; (3) Curacao/Bonaire-Aruba-Atlanta [Order 96-10-13, Docket OST-96-1720]; and (4) Curacao/Bonaire-Puerto Plata-Miami [Order 96-10-13, Docket OST-95-377]. Exemption from 49 U.S.C. 41301 to add authority to serve Aruba as an intermediate point on services authorized by Order 81-11-99.

Applicant representative: Bruce Rabinovitz, (202) 637-9000

Responsive pleadings: None

DISPOSITION

Action: APPROVED IN PART, REMAINDER DISMISSED Action date: OCTOBER 24, 1997

Effective dates of authority granted: OCTOBER 24, 1997, through OCTOBER 14, 1998

Basis for approval (bilateral agreement/reciprocity): Reciprocity with the Netherlands Antilles

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached)

Remarks: By Notice of Action Taken dated October 14, 1997, we granted ALM 97 that portion of the authority described above that its predecessor, ALM Antillean, then held, and deferred action on ALM 97’s request for new authority to serve Aruba (that is, on services authorized by ALM Antillean’s foreign air carrier permit, Order 81-11-99). We have now decided to grant ALM 97 exemption authority to serve Aruba as an intermediate point on its otherwise-authorized scheduled services to Miami, and to dismiss, without prejudice, its request to serve Aruba on flights serving New York and San Juan. We are basing this action on informal advice from the carrier’s counsel that, at this time, ALM 97 needs expanded Aruba intermediate authority only on its Miami route. We find that our action is consistent with the public interest in view of our overall aviation relationship with the Netherlands Antilles.

Action taken by:

Paul L. Gretch, Director,
Office of International Aviation,
under assigned authority (14 CFR 385).

(Petitions for review may be filed from now until 10 days after the service date of the confirming order/letter. Filing of a petition shall not stay the effectiveness of this action.)