			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 3, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 00-7294

________________________________________________________________________
________________________________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 1/13/04
for:  

XX  Renewal of exemption for two years under 49 U.S.C. §40109 to
provide the following service:

Scheduled foreign air transportation of property and mail from points
behind the United States, via the United States and intermediate points,
to a point or points in Argentina and beyond; and between Argentina and
any point or points.  Evergreen also requests approval to integrate this
authority with Evergreen’s other certificate and exemption authority
and to commingle traffic on services conducted pursuant to such
authority.

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

D I S P O S I T I O N

XX  Granted U.S.-intermediate points-Argentina and beyond exemption
authority, subject to conditions (see below) 

XX  Balance dismissed (see below)

The above action was effective when taken: February 3, 2004, through
February 3, 2006.

Action taken by:   Paul L. Gretch, Director	

                               Office of International Aviation	

XX   The authority granted is consistent with the U.S.-Argentina Air
Transport Services Agreement.

 

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: 

	XX  Holder’s certificates of public convenience and necessity

	XX  Standard Exemption Conditions (attached)

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon Evergreen rights (including fifth-freedom intermediate
and/or beyond rights), to serve markets where U.S. carrier entry is
limited unless Evergreen notifies the Department of Evergreen’s intent
to serve such a market and unless and until the Department has completed
any necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Evergreen’s authority by virtue of the route integration
exemption granted here, but that are not then being used by Evergreen,
the holding of such authority by route integration will not be
considered as providing any preference for Evergreen in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

The authority granted to serve intermediate and beyond points is limited
to countries with which the United States has signed open skies
agreements and/or countries for which the carrier holds authority to
serve under certificates or exemptions issued by the Department, and for
which it holds route integration authority by virtue of either the
present action or other action of the Department.

(See Reverse Side)

2

Dismissal:  By Notices of Action Taken dated May 11, 2000 and April 1,
2002, we dismissed the previous request by Evergreen for authority for
operations behind the United States and Evergreen’s request to operate
between Argentina and any point or points.  We reach the same result
here.  As we stated then, the authority to conduct operations from
points behind the United States is inherent in the authority that we
award U.S. carriers to perform foreign air transportation.   The
authority to operate between Argentina and any point or points is not in
foreign air transportation.   Evergreen requires no additional
Departmental authorization to conduct those services, as long as there
is not more than a de minimis amount of traffic that would be in foreign
air transportation, having an origin or destination in the United
States. 

________________________________________________________________________
________________________________

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) immediate action was required and was
consistent with Department policy; (2) grant of the exemption 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 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/reports_aviation.asp.

U.S. Carrier Exemption Conditions

In the conduct of operations authorized, the U.S. carrier applicant(s)
shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) to or from a foreign
airport, contact its Principal Security Inspector (PSI) to advise the
PSI of its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

								8/2003

