 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 23, 2002

                     NOTICE OF ACTION TAKEN -- DOCKET OST-98-3652 

_____________________________________________________________

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   Polar Air Cargo, Inc.   filed   10/11/02  for:

				 

XX  Waiver of dormancy condition:

By Notice of Action Taken dated September 8, 1998, the Department
granted Polar Air Cargo exemption authority to provide scheduled
all-cargo service between points in the United States and Jeddah, Saudi
Arabia, via Ostend, Belgium, and Shannon, Ireland, and beyond Saudi
Arabia to Johannesburg, South Africa; Harare, Zimbabwe; and Nairobi,
Kenya, and allocated it two weekly U.S.-Saudi Arabia frequencies for
this service.   That award was subject to the condition that the
frequency allocation would expire automatically and the frequencies
would revert to the Department for reallocation if they are not used for
a period of 90 days.  Polar temporarily suspended Saudi Arabia service
on June 18, 1999.  The Department has previously granted Polar waivers
of the 90-day dormancy condition.   Polar seeks a further waiver of the
90-day the dormancy condition until December 26, 2002, stating that it
has firm plans to use the frequencies involved. 

Polar states that the Department should grant the modest two-month
relief sought here so that it can complete certain arrangements to
resume its Saudi Arabia service.  Polar states that its needs to
finalize an agreement with a shipper that will make its Saudi Arabia
service viable, and it will then require time to make necessary
logistical and regulatory arrangements.  Polar states that it has
already submitted its application for resumption of service to the
authorities of Saudi Arabia.

Applicant rep.:    Russell E. Pommer, 202-354-3843    DOT analyst:  
Gerald Caolo, 202-366-2406   

DISPOSITION

XX  Granted. (See Remarks below)

The above action was effective when taken:  October 23, 2002, through 
December 26, 2002

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

(See Reverse Side)

2

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Remarks:  We have granted Polar’s request here, as in the public
interest, since the carrier has demonstrated its firm plans to resume
its Saudi Arabia service within a short period.  However, 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.

We acted on this application without awaiting expiration of the 7-day
answer period with the consent of all parties served.

________________________________________________________________________
______________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; and (2) grant of
the waiver was consistent with the public interest.  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 document is available on the World Wide
Web at:

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

 See the most recent Notice of Action Taken, dated August 15, 2002, in
Docket 98-3652, extending the exemption authority through August 15,
2004.  The frequency allocation was awarded in 1998 for an indefinite
period provided that Polar continued to hold the necessary underlying
authority. 

 See the most recent Notice of Action Taken, dated March 22, 2002, in
Docket 98-3652, extending the waiver through October 26, 2002. 

 Polar’s waiver from the dormancy condition is effective through
December 26, 2002, or until the date on which Polar begins service with
each of the frequencies, whichever occurs earlier.  As to any frequency
with which Polar does not begin service by December 26, 2002, its
frequency allocation with respect to that frequency expires
automatically.

