	                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on September 23, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-96-2025

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This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of Evergreen International Airlines, Inc. filed 9/8/2003

XX  Renewal of waiver of 90-day dormancy condition:

Evergreen seeks to renew through March 31, 2004, its waiver of the
90-day dormancy condition applicable to its allocation of three weekly
all-cargo frequencies for services between Anchorage, on the one hand,
and Khabarovsk, Petropavlovsk, Vladivostok and Yuzhno-Sakhalinsk,
Russia, on the other. 

In support of its application, Evergreen notes that it began serving the
U.S.-Russia market in 1995 and expended significant resources in an
effort to develop the market.  Although it is continuing those efforts,
Evergreen states that the company was dealt a serious setback by the
events of September 11, 2001 and the subsequent downturn in the world
economy, necessitating its previous waivers for the dormancy condition. 
Evergreen maintains that conditions have not improved and have been
exacerbated by the Iraq war and the attendant demands placed on
all-cargo airlines for transportation in support of the war and the
construction effort and that it is not in a position to resume service
on an economic basis in the near future.  Evergreen states that it
remains committed, however, to resuming service when warranted by
traffic demands and seeks a waiver through March 31, 2004, and that the
extension waiver request will enable Evergreen to accomplish that goal
in an orderly and efficient manner.  Evergreen states that nearly half
of the available all-cargo frequencies are available for allocation so
grant of this waiver will not deter the Department from allocating
frequencies to other interested cargo airlines. 

No answers to the application were filed.  

Applicant rep:  William C. Evans (202) 861-6459  DOT Analyst:  Linda W.
Senese (202) 366-2367

D I S P O S I T I O N

XX  Granted. (See conditions and remarks below.) 

The above action, granting a waiver from the dormancy condition was
effective when taken: 

September 23, 2003, through March 31, 2004.  

Action taken by:  Paul L. Gretch, Director	

		    Office of International Aviation	

2

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Remarks:  While we have granted Evergreen’s request here, as in the
public interest, based on the circumstances stated in the request, there
should be no expectation that an additional request will similarly be
granted.  Any future requests to extend the dormancy waiver for the
frequencies at issue here will have to be considered in light of the
specific arguments offered in support of the request and any comments
that might be filed in response, and in the context of the circumstances
present at that time.  Furthermore, should another carrier seek to use
the frequencies at issue here, we reserve the right to reexamine whether
the waiver granted here continues to be in the public interest.

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On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption and waiver was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, 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 order is available on the World Wide Web
at 

  HYPERLINK "http://dms.dot.gov//reports/reports_ aviation.asp" 
http://dms.dot.gov//reports/reports_ aviation.asp 

 Evergreen’s waiver from the dormancy condition is effective through
March 31, 2004, or until the date on which Evergreen begins service with
these frequencies, whichever occurs earlier.  As to any frequency with
which Evergreen does not begin service by March 31, 2004, its frequency
allocation with respect to that frequency expires automatically.

