 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 23, 2003

NOTICE OF ACTION TAKEN – DOCKET OST-95-691

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This serves as notice to the public of the actions described below,
taken on the date shown above by the Department official indicated (no
additional confirming order will be issued in these matters).

In the matter of:  

Complaint of Fine Airlines, Inc., against The Government of the Republic
of Peru

Docket OST-95-691

By this Notice, we dispose of two procedural requests in the
already-terminated above-captioned proceeding.  

Requests:  On February 13, 2003, Arrow Air, Inc. (Arrow) the legal
successor to Fine Airlines, Inc. (Fine) filed a notice to withdraw the
July 30, 1996, petition for clarification and the September 27, 1995,
complaint filed by Fine in Docket OST-95-691.   Arrow states that Fine
has ceased doing business and no longer exists, having been merged with
Arrow.  Arrow states that since its emergence from Chapter 11
proceedings in June 2002, it has subsumed all prior activities
undertaken by Fine, and that, accordingly, Arrow now wishes to withdraw
the July 1996 petition of Fine for clarification in this docket, along
with the September 1995 complaint. 

Applicant rep.:  Lawrence D. Wasko (202) 862-4370     DOT Analyst: Linda
L. Lundell (202) 366-2336 

Decision:  We have decided to grant Arrow’s request to withdraw the
July 1996 petition for clarification in this proceeding.  We will
dismiss, as moot, Arrow’s request to withdraw the September 1995
complaint.  The complaint was dismissed and the proceeding was
terminated by Order 96-7-5, issued July 3, 1996.  Thus, the petition for
clarification was the only outstanding matter in this case.  With our
action to grant Arrow’s request to withdraw the petition, there are no
outstanding matters in this docket.

XX  Granted the motion to withdraw the petition for clarification filed
July 30, 1996.

XX  Dismissed, as moot, the motion to withdraw the complaint filed
September 27, 1995.

The above action was effective when taken:_September 23, 2003.

Action taken by:	

	Paul L. Gretch, Director	

	Office of International Aviation	

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that our action was consistent with Department
policy.  To the extent not granted or dismissed, we denied all requests
in the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov/reports_aviation.asp

 See Order 96-7-5 and the orders/Notices cited therein for a complete
description of the complaint and our procedural actions in this case.

