	                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on March 24, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-1996-2025

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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 1/27/04

XX  Renewal of waiver of 90-day dormancy condition:

Evergreen seeks to renew through March 31, 2005, 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. 

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 of the dormancy condition.  Evergreen maintains that at
the time of its previous request for an extension of the dormancy waiver
it anticipated that economic conditions would improve and that it could
resume service in the U.S.-Russia market prior to the expiration of the
dormancy waiver.  Under the terms of the latest waiver Evergreen’s
frequency allocation would automatically expire if Evergreen does not
resume service by March 31, 2004. Evergreen states that it remains
committed to resuming service when warranted by traffic demands and
seeks a waiver through March 31, 2005.  Evergreen states that more than
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. 

Applicant rep:  William C. Evans (202) 861-6459  DOT Analyst:  Sylvia
Moore    (202) 366-6519

D I S P O S I T I O N

XX  Granted (See remarks below.) 

The above action was effective when taken:    March 24, 2004, through
March 31, 2005

Action taken by:  Paul L. Gretch, Director	

		    Office of International Aviation	



2

Remarks:  We find that grant of Evergreen’s request, in the particular
circumstances presented, is in the public interest.  However, we are
putting Evergreen on notice that there should be no expectation that an
additional request will necessarily be granted.  Any future request to
extend the dormancy waiver for the frequencies at issue here will have
to be considered in light of any specific arguments offered and
responses thereto, and in the context of the circumstances present at
that time, including whether another carrier seeks to use the
frequencies at issue.

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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 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 in effective through
March 31, 2005, or until the date on which Evergreen begins service with
each of these frequencies, whichever occurs earlier.  As to any
frequency with which Evergreen does not begin service by March 31, 2005,
its frequency allocation with respect to that frerquency expires
automatically.

