UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 7, 2003

                     NOTICE OF ACTION TAKEN -- DOCKET OST-2001-8879     
      

_____________________________________________________________

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  
2/14/03  for:

				 

XX  Waiver from dormancy condition:

Evergreen has applied for a waiver from the 90-day dormancy condition
with respect to its allocation of one weekly all-cargo frequency for
services between the U.S. and Thailand.  The frequency allocation is
subject to the condition that it will expire automatically and revert to
the Department if it is not used for a period of 90 days.  Evergreen
requests the waiver through March 31, 2004.  The Department has granted
Evergreen previous waivers from the 90-day dormancy condition.  (See,
e.g., Order 2000-11-15 and Notice of Action Taken dated March 22, 2002.)
 Under the terms of the latest waiver, Evergreen’s frequency
allocation would expire automatically if Evergreen does not provide
service by March 31, 2003.  Evergreen stated that it had anticipated
that economic conditions would improve and that it could resume service
prior to the expiration of its last dormancy waiver; however conditions
have not improved and Evergreen is not in a position to resume service
in the foreseeable future.

Applicant rep.:  William Evans, 202-371-6030        DOT analyst:  Sylvia
Moore, 202-366-6519   

DISPOSITION

XX  Denied  (see below)

The above action was effective when taken:   March 7, 2003 

XX  Action taken by:	Paul L. Gretch, Director		

			Office of International Aviation

________________________

Remarks:  In March 2002, when we last issued Evergreen a waiver for this
frequency through March 31, 2003, we placed the carrier on notice that
“there should be no expectation that an additional request will
similarly be granted.” (Notice of Action Taken dated March 22, 2002,
in this docket).  In the circumstances presented now, and taking into
consideration the record before us, we find that the public interest
would be best served by reassigning this frequency to the unallocated
pool of frequencies so that whenever Evergreen or another carrier has
firm plans to use it, it may apply for the frequency accordingly.

(See Reverse Side)

2

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

