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1974 - May DOT Ord. & Dec. [1] (May, 1974)

handle is hein.usfed/dotod0692 and id is 1 raw text is: Order 74-5-1 UNITED STATES OF AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D. C. Adopted by the Civil Aeronautics Board at its office in Washington, D. C. p on the 1st day of May, 1974 Application of LINEA AEREA NACIONAL, S.A. for authorization pursuant to section 1108(b) of the Federal Aviation Act of 1958, as amended. ORDER DECLINING DISCRETIONARY REVIEW Under authority duly delegated by the Board's Regulations, 14 CFR 385.13, the Director of the Bureau of Operating Rights, by telegram dated April 3, 1974, denied an application filed April 3, 1974 by Linea Aerea Nacional, S.A. (LANSA) seeking a foreign aircraft permit. LANSA sought authority to conduct fourteen flights from Santo Domingo, Dominican Republic to San Juan, Puerto Rico and return during the period April 15 - July 14, 1974 pursuant to a contract with Angelica's Travel Club. Denial of authority to operate the flight was based upon a finding thatthe proposed operation would be contrary to Part 375 of the Board's Special Regula- tions and the interest of the public. I/ On April 10, 1974, LANSA petitioned the Board to review and reverse the staff action. Insofar as the petition requests review of the staff denial of authority to conduct the requested flights, it does not demonstrate adequate grounds for review under the standards prescribed by section 385.51(b) of the Board's Organization Regulations. For the foregoing reason the Board has decided 1/ Although LANSA's application did not specify the statutory authority under which it sought operating rights, it was assumed that a foreign aircraft permit was sought pursuant to section 1108(b) of the Federal Aviation Act ot 1958 and Part 375 of the Board's Special Regulations. The power granted the Board by section 1108(b) does not extend to authorization of foreign air transportation. The latter may be authorized only pursuant to section 402 of the Act after notice and hearing, and approval by the President of the United States.

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